McMurphree and I went back and forth a few times via email about the plea deal. I told him I wanted to see the police “use of force report” showing that they had TEASER-ed me. I wanted to know everything they had done, and exactly what they accused me of doing. At one point McMurphree said he’d heard the 911 call from my younger son, and it didn’t sound good for me. I asked if I could hear it, too. He said he could get it for me if I gave him a blank tape. I gave him the tape, but he never gave me the recording. He said there was no “use of force report.” The Sheriff’s Department said it does not use TEASERs, does not own any TEASERs, and the Deputies denied using TEASERs or any other “electro-muscular stun device” on me. I held firm and said no plea deal until I get more information from the DA.
At some point we went before Judge Judgeson again, and the DA made a fatal mistake. Fatal to his case, but quite beneficial to mine.
“Your honor,” McMurphree began, “The People are not cooperating at all. My client has presented to me, and we are prepared to present to any jury, information and evidence quite different from that presented by The People and their complainants, the Sheriff’s Deputies. Further, my client and I are asking for the rest of the arrest report, including a “use of force’ report regarding the arrest of Mr. Marlin. Mr. Marlin did not Resist Arrest.
My client also deserves to know where the idea of Reckless Felony Assault with a Deadly Weapon; Doorknob comes from. What little narrative there was in what we’ve seen so far contains conflicting statements. A doorknob may not have been involved at all. Any number of things could have caused the small injury. The Deputies witnessed nothing. The defendant’s son suffered two stitches, which healed rapidly and have since been removed by the child’s primary care physician. Mr. Marlin himself drove the child to the doctor for this, as his wife was at work. The family has had no previous interactions with the law. Child Services has visited the family and has taken no action at this time. Other than the potentially lengthy matter of settling this in court, the family is recovering from this unfortunate episode. Mr. Marlin is attending both Anger Management and Substance Abuse counseling, solely at my suggestion and not ordered by this court. He is doing well. The Defense suggests the assault be reduced to simple misdemeanor assault, reckless or negligent, and we can go from there.”
Well! Here was McMurphree again stepping up and going to bat for me. Again I had hope. Reducing the Felony to a Misdemeanor might get me my security clearance back at work, so I could do the security checks on the Death Rays without being escorted.
“The People are not opposed to a reduction in the assault charges to misdemeanor. The Resisting Arrest and Assault on an Officer will remain. So the defendant is facing three misdemeanor charges. The People will again contact the Sheriff’s Department and ask about a Use of Force report and any other documentation. Has the defense considered the plea offer?”
“We have discussed it” answered McMurphree “and my client will not accept any plea without seeing a complete narrative of the charges, along with a use of force report detailing how the suspicious marks on his back and the holes in his shirt were made.”
“This case is adjourned for the day, if there’s nothing else.” said Judge Judgeson. “The parties shall meet with the clerk of court to agree to our next hearing date.”
And just like that, I was no longer facing a Felony conviction. I felt that the criminal justice system was slightly less insane.
Shocked in the Suburbs 