How Appropriate in Book Six: Trying to Hold On 2019
- March 27, 2019, 3:14 p.m.
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- Public
This is appropriate. I can’t spend a lot of time on this site, but I need it for my mental state of calm. Rather like when I was studying for the bar exam. So like when I was taking the bar exam, I shall use this space for notes and such. Dated, Time Stamped. Then save and publish at a later date.
March 25: 0903
As should have been expected, last night was rough. When we got home from my parents? We realized that I had left my bathroom supplies back in DM. So, like, my pills and toothbrush and all of that. Wife has volunteered to make a trip down there to grab them for me. Then to compound things, I couldn’t sleep. Like… at all. I drifted off sometime between 2:00 and 3:00 only to wake up at 5 and get out of bed at 6. My stomach has been doing this gurgly thing that sounds awful and makes me feel uncomfortable. And in a prime example to my boss of what I’ve been dealing with on this case.... the big box of evidence he got for me to help with my jury case? Isn’t the right case. So… yeah. It seems like the officers lost all of the physical evidence. Grreeeaaaaaaaaaaaat.
March 25: 0958
I’ve laid out my battle plan. I have the entire trial on paper: what to say, who to call, what to ask them. Testimonially? I think I’ve actually got a chance here. Not so much on Intent to Deliver… but the other three charges? There is a real chance. Which… at least then I could consider it a victory. IF I can get the Defendant convicted to MORE charges or MORE time than he would have had upon accepting a plea deal? That is a victory. If he gets ONLY what he would have gotten in a plea deal? I’ve wasted the tax payer’s time and money. If he gets less? I’ve failed entirely. Right now? I haven’t put together the photographic evidence that I’ll be using. But based on the Drug Chemistry Report, the Property Control Report, and the testimony? I think I have an honest chance at this.
March 25: 1026
This is just… priceless but weird. In my youth, a large segment of my pornographic interest was my quest to determine What Is Attractive? I’ve always been obsessed with the differences in what people find attractive and constantly have three questions
(1) What specifically do I find attractive?
(2) Does what I find attractive form a pattern or “type”?
(3) Why do I find that specific item, pattern, or type attractive?
Because yes… even my pornography has to be tainted with nerdy, existential, self-reflective questions. ANYWAY due to this almost scientific approach, I had EXTREME practice with image files. I could actually say something like “Katie Fey is always attractive; but I genuinely find IMG_519 through IMG_528 far more attractive than IMG_283940_87555 despite being the same pose. Perhaps it is a makeup/background/outfit thing? Strange. Must make a notation.”
SO that experience with image names has helped me track down and understand which officer took which photos. Because one officer uploaded strictly IMG_Alpha code and one officer uploaded strictly IMG_Numerical code. HA! Who would have EVER THOUGHT my shameful, near suicidal level pornography practices in the early 2000s would prove beneficial to the seeking of justice?!
March 25: 1356
Alllll right. I’ve submitted my jury instructions; I’ve submitted my proposed exhibits; I’ve spoken with most of my testifying officers. I feel like I can crack this. At least break even or find success. I know that Boss isn’t pleased about me having a DR’s appointment right before a jury trial but.... might be the best time to have it. If I can get a decent night’s rest, that is good for my jury prep. But all things being equal? I now have a LONG list of things I need to do better for next time. Better prep, longer prep, get re-familiarized with technology.... lots to consider.
March 25: 1605
Just got back from the doctor. Guess what my sleep study said!
The average human stops breathing in their sleep at most 5 times per hour.
I stop breathing in my sleep over 56 times per hour.
The average human tends to have Oxygenated Breathing Levels (whatever those are) of 90% or higher.
MY levels? I spend over 1/3 of my entire sleep cycle under 90% Oxygenation and dip as low as 65 to 65% Oxygenated. SO.... bad. Very bad.
March 26: 0627
The day has arrived… and I don’t want to get out of bed. Not from nerves or fear… from being tired. Logical given what the sleep study showed. Fingers crossed that I can get through today okay and not completely embarrass myself.
Eternity O’Clock
That… took a long time. lol.
Trial Day started a little before 8:00… ended at 17:09. SO…a very Trial Focused Day. That being said… Defense Counsel and my own Prosecutor’s Office Colleagues were all pretty floored that I was able to do it in just one day. My philosophy? The more time you take from other people, the less you can ask from them. If I can limit myself to not just drone on and on; these people will respect that I’m giving them (1) the facts, (2) the evidence, and (3) trusting them to do their jobs. Maybe not always helpful. But it’s something.
As to the outcome? I actually, honestly feel good about it.
I did not think we had the evidence to convict on the felony. We did not.
I did think we had the evidence to convict on the Aggravated Misdemeanor. We did.
I did think we had the evidence to convict on one of the Serious Misdemeanors. We did.
I did not think we had the evidence to convict on the other Serious Misdemeanor. We did not.
Here’s an interesting caveat you may ask:
“But I thought you only charged what you believed in?” That is correct. But this case was initially another attorney’s case. And then another attorney’s case. And then another attorney’s case. And then another attorney’s case. And then another attorney’s case. SO… with that many attorneys having dealt with this? I wasn’t going to wildly amend the charges just because of my own ideas on the case. When I’m the charging attorney, only charge what I believe in. When it is, essentially, someone else’s case? I’ll do my best to argue that case as is.
Sentencing has been scheduled for May.
But… there you have it. First Jury Trial as Prosecutor finished. With… mixed success.
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