Tuesday, March 23, 2010

Part 12~ The Preliminary Hearing

In the beginning we three mothers not knowing each other were facing the same circumstances, we had some very basic things in common..We all knew our sons were innocent first and for most. Unknowingly we all mortgaged our homes and hired our own attorneys... We all were fighting for our sons lives.

I can honestly say I was terrified too.Not only had I been scared of what would happen that first day in court with the community's scorn. I was also scared that both the other mothers would not want to speak to me, and blame my son, or something like that.

But at the end of that first day I introduced myself to both of the other mothers. We hugged and cried and we became fast friends. Through out the next few days we exchanged phone numbers and information we each had.

So the Hearing began.They brought our sons into court in striped uniforms, bullet proof vests, and shackles. It was awful. Like I had said it was the worst I've ever felt my whole life.


But when our new lawyer walked through the Courtroom doors, mouth's dropped, and the room got quieter. I heard people whispering. And it was then I knew what I had heard that.. "Our lawyer was the Lawyer's, Lawyer"... was true. I also knew then we had made the right decision. And My heart and confidence rose a little bit for the first time in weeks.

The Prosecution had 3 witnesses. One was a well known drug dealer among the young people here in the community. He was also high as a kite. He took the 5th after two days of testimony. When his drug habits and dealings were being questioned. Then the Prosecutions other two witnesses recanted their original statements, saying they also had been forced and coerced by the police.One was threatened there in court by the prosecutor that he would be prosecuted if he recanted. but he had a lawyer of his own and recanted. Later they held true to their threats and the young man and his family became in broiled as well in this corrupt system. He was being punished for not doing what they wanted.

These were the only witnesses the prosecution ever had. Let me here again say, there was never then nor now any evidence ever linking our 3 boys to that horrible crime. Only two coerced confessions.

On the last day of the Preliminary Hearing, the judge sat in his chair finishing a pre-written statement that he himself told the court he had worked on the night before. Let me state again he had started it the night before and continued writing it during the closing arguments. Was he biased? Yes I believe he was. How could he prepare a statement before he had heard the closing arguments? He knew the night before what he was going to do, before he even got to court that morning.

When the closing arguments were done, he seemed like a child excited to get his chance to speak. The judge released the 16 year old friend of my son for reasons of lack of evidence. He had been the only one not to make a confession.

However the judge did it only after making what I would call a horrendous speech, which I'll say again, was pre made. In this speech he said He knew All three were miscreants. And " he" himself, fully felt that this young man was as guilty as his cohorts. And he fully expected him to be back in court sitting next to them in chains again.

Later this judge was reprimanded by the Michigan State Tenure for his comments. But on that day, his horrible comments not only caused my heart to sink and tears to stream down my face. But it also caused the poor young man's mother to literally faint at my feet.

The judge ordered my son and the 19 year old to be held. It hurt so bad I can't even explain my pain. Do not get me wrong I did and still do feel so much sympathy for the mother and family of the young man who had been so callously murdered. But now I was fighting for my son's life who I knew was innocent.

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