“We’ve reviewed the court transcripts and there were no conditions placed on the reduction of charges from Felony Assault with a Deadly Weapon, Doorknob. The defendant is charged with reckless misdemeanor assault and resisting arrest.” Judge Judgeson turned his gaze from Mr. Phycks to Ms. Anesthesia and back as he gave his pronouncement. Phycks and Anesthia glared at each other; one furious, and the other, defiant.
“In that case, your honor, The People are considering calling a Grand Jury and taking this case to County Court.”
“It’s too late for that” said Phycks to Anesthesia. Turning to Judge Judgeson he continued “Your Honor, it’s been over 120 days since the alleged assault. The People have had plenty of time to take this to a Grand Jury. They seem to have either chosen not to or lost track of time. In either case, my client will not be faced with the additional costs and time delays associated with a Grand Jury. My client maintains his innocence, and we demand a speedy trial.”
“OK, well, let’s meet in my chambers for a few minutes. Mr. Marlin, we’re going to meet privately for a moment, and court will continue when we return. You may take a seat.”
Phycks looked and me and nodded. “Thank you, Your Honor” I said, duly cued.
They returned after several minutes. The People’s ADA returned briskly to her podium and spun around to face the Judge. Phycks approached me as I stood on the Bailiff’s “All Rise.”
“Listen, the Judge has suggested a Bench Trial rather than a Jury Trial, are you ok with that?” whispered Phycks.
“No. I don’t want a Hanging Judge Bench Trial. I want 12 jurors to hear the cops tell their obvious lies.” I whispered in reply.
“He’s not a Hanging Judge. He’s been very fair to you. He let you change attorneys. He let me have the probable cause hearing. He ordered the ADA to produce the Subject Management Report. I’ve known this Judge for a long time. I interned here in this town court. A jury trial will be more expensive for you, and time consuming. Time is money; you know that. How much did you pay McMurphee? Come on, Bench Trial, ok?”
“OK,” I said “I’m convinced.” We approached our podium again.
“Your Honor, my client, Mr. Marlin, has agreed to accept a Bench Trial.”
“The People will accept a Bench Trial as well, Your Honor.”
“Very well. Let’s meet again at a time agreed upon by the two attorneys. This case will be continued. Court is adjourned for the day.”
“The People are ready for trial.” said the ADA. I realized this must be a formality. She said it every time, but it was clear The People were not only not ready for trial but also seemed woefully inadequate to counter Mr. Phycks. How could they bring up a Grand Jury at this point when Phycks shot the idea down so easily? Also, nobody had spoken to my children. Lucretia Anesthesia had called my wife at one point, but that was about it. Phycks and I walked out to the parking lot and he came with me over to my car.
“Today was good” he began “you’re a lot better off with a bench trial, and the Grand Jury is off the table.”
“Hey, why does she say she’s ready for trial every time? She hasn’t interviewed my kids, and the only time she called my wife was to basically threaten me through her.”
“Threaten you? What did she say?”
“She asked my wife ‘How would it affect the children to have their father in jail for two years?'”
“Two years? It’s a one year sentence, not two years. I’t one event, unless they try to argue it’s two separate events. Assault and Resisting. Those are usually served concurrently.”
“What if I just accept this misdemeanor? Is that the plea deal as of now?”
“I don’t believe there is a plea deal any more. That deal is gone. They dropped the felony, but there was no other deal.”
“Well, they stonewalled me on the use of force report. I told them no deal until I saw the report. I wanted to read about the TEASERing and how many times I was TEASERed. By the way, why haven’t we counter-sued yet for excessive use of force?”
“No, we’re not suing until you’re brought to trial and found innocent. Otherwise, it complicates your case. The Judge may try to split the baby if we counter-sue; give each party a partial win. Just be patient, we have three years to sue them for excessive use of force or whatever else we decide on.”
“Things are looking good. I’ll let you know when our next hearing is. I have to run downtown for another case. Take care.”
“Thank you, Mr.Phycks.”
“You’re very welcome. This is fun. I love a challenge.”
Shocked in the Suburbs 