Countdown Starts Today...

OK, it's Sunday. Countdown to Friday begins NOW!

What's the importance of this Friday, aside from it being the start of a new weekend? Well, in case you're unfamiliar with my legal mess, let me put it in a nut shell for ya.

Back in November 2007, I had a heart attack. Life had been a bitch for some months personally and financially but everything was finally coming together...and then the heart attack. Being a generally resilient guy, I bounced back pretty quickly and was ready to get back on my feet...along with my new $80k hospital bill dogging me. I'd been working in the MH/MR field (mental health/mental retardation) for over 20 years and had spent the last 3 years self-employed (using an employer of record, as per the state's regs). I was ready to get back to work and sort out my finances. Things were coming together.

Well, on my 2nd day back to work, I was attacked by a teenage client. He landed a really good punch to my right eye and as my back was against the wall (literally, a kitchen counter) I instinctively reached out and knocked him down. Sounds simple enough, right? Wrong. Along with the ensuing mountains of paperwork and investigations that I knew would be involved, as well as most likely losing my employer of record, the client's family decided to file assault charges against me! Mind you, I had been attacked and simply tried to get the client off of me. I was literally sick due to this mess. I'm really surprised I didn't have a 2nd heart attack. I voluntarily met with the police to make a statement. An honest man has nothing to hide.

My 1st court date (of many) was in February of 2008. By this time, the county's CYF (Children, Youth & Families) division had completed their investigation and had ruled the allegations to be UNFOUNDED. I thought that this would put an end to the mess....boy was I wrong! Childline, the state and county all declared the allegations UNFOUNDED but I was still being dragged to court. The magistrate sent my case on to the grand jury for criminal indictment. I knew then that things were going to get ugly.

Over the course of the next 18 or so months, I worked with my attorney at trying to solve this mess. I even agreed to plea to a summary charge and do community service and seek whatever therapies the judge might order...but no, the client's family had it in their collective head that I should receive no less than the death penalty for this! They actually told the district attorney that they wanted to see me go to the electric chair over this! FYI: simple assault (what I was being charged with) is a misdemeanor...not a capital crime. But nevertheless, I was pretty upset by this. I just wanted it all over so that everyone could just get on with our lives.

Allow me to clarify something: the client was NOT in any way, shape or form injured when I knocked him off of me. Not so much as a mark on him. And...he was the one who attacked me. I could have lied and said that nothing happened and it all probably would have ended. Sometimes, honesty opens a can of worms.

During all of this, I was doing whatever freelance work I could get, as well as playing in my band. A 40-something guy with a heart condition and a pending criminal case usually isn't what most potential employers are looking for. I got by...but just barely. My medical bills were racking up, and my other bills were too. I had started classes for an associates degree in surgical technology, as I knew it was time to get into another line of work. My professional reputation, which had been stellar before all of this, was now in ruins...as were my finances. Due to having to miss a ton of classes due to my legal mess, I was forced to drop out of school. (I still plan to return once this mess finally ends) I was getting all A's (except for a B in Physiology). My mood was pretty low...but I still managed to carry on.

I was averaging at least 1 court date every six weeks throughout 2008-09. Each time this meant losing a day of work (if I had it) or a day of looking for work. This put my finances even farther in the hole. It was also putting a heavy strain on me personally. I tend to internalize a lot of my feelings and found myself becoming very agitated whenever another court date was coming...especially as these court dates always ended up in yet another continuance. The mess just seemed never ending.

Finally, in the spring of 2009, it was decided (and not by me I might add) that the case would go to a jury trial. 2 different judges refused to hear the case as it was considered stupid and had become somewhat of a joke in the court house. Finally, in June a jury was picked and a court date set. The jury pool was, in my opinion, poisoned by a potential juror screaming at me during questioning. He had made up his mind, without benefit of facts or evidence, that I was guilty.

I had to contact some of my friends to appear as character witnesses. Luckily, I have some great friends and I can tell you, it's a very humbling experience to hear what people really think of you...especially under oath!

My trial was a joke. I was considered guilty from the start thanks to the poisoned jury. My lawyer caught the client's mother in lie after lie. The police officer who responded to the call (also the same one that I gave my statement to) clearly stated that no injury was present and that the family refused to have the client seen by a doctor...that day or any other. The judge refused to allow the findings of CYF's investigation...so it was pretty clear to me that his motives were less than judicial.

The jury deliberated the rest of the day and we were told to report back in the morning. The jury was still out but finally around 10:00am they had a verdict. I, along with my lawyer, reported back to the court room. The verdict was GUILTY of simple assault. FYI: in the state of PA, to prove simple assault, 2 things must be proven: intent and bodily injury. IF I had any intent whatsoever, it was to end my being attacked. There were no injuries (aside from me having a small bruise where I was punched). Upon interviewing the jury, my attorney was informed that I was found guilty because I "should have known better". WTF????? The jury completely ignored the facts of the case as well as the judge's 7 pages of instructions. The client's mother reacted as if her favorite sports team had just won the big game! I was stunned to say the least.

The judge decided to postpone sentencing for 2 months. Since then, I've been working regularly at my boring job and trying to make plans for the future...but those plans are limited as I don't know whether or not I'll be in jail. I normally wouldn't think so but this case has been anything but normal! Hell, I wouldn't be surprised if they gave me the electric chair at this point!

My lawyer has been filing motions and appeals. I've met with the Adult Probation Department for a pre-sentencing report. I've had all of these people snooping into my private life. For some reason, they needed to know the details of my previous marriage and divorce (I was divorced in 1994!). It all still goes on.

My sentencing date is this Friday, August 21st. I'll find out then just what is going to happen to me. If you don't hear from me for a while...I'm probably in jail. My lawyer and I plan to appeal this all the way. This has been a travesty of justice and while I'm not usually a paranoid person, I can't help but feel that somebody in high places has it out for me! All I want is a normal life again.
My professional career has been destroyed...and I really loved the work that I did. My finances are well past repair (unless I happen to win the Powerball!). Yet I still muddle through.

OK...this should bring everyone up to speed. I'm still the same old me. Silly, goofy, etc. I still try to maintain an optimistic outlook on life. I still hold my faith dear. I WILL clear my name. And then it's my turn at bat.

Thanks to my friends and family for all of the love, support and friendship through this mess. Karma will no doubt reward you. -MM