Sunday, September 23, 2012

I'm Not OJ!

I look into the heart of a (wo) man and ask why anyone would want to help. After all when one hears the words Domestic Battery; the first thing that comes to mind is stories like OJ Simpson and how he was to have beat his wife or girlfriend like a rag doll. How some over power man comes down with force on some woman with the force that out weight the avenge woman 4 to 1. And trust me this is the thought that came to my mind also before March 7th 2008.
I want to go deep into what happen to me but I know I have to make it fast and keep is quick as I will loose you after the first page or sooner. I will start off with a fact I did not hit anyone one on March 7th 2008 or any women in my life! I don’t beat on women and I have never done such in my 44 years on this earth. In that 44 years I have put my hands on a women twice and both were in High School; once to shake a girl whom kept slapping me and the 2nd time was to hold a girl back from kicking me. But both of these times I took the high road and that was to detain and not do any type of pain.

I was charge with hitting my 3rd cousin on 3/7/08 and the detail to this case can be found in the court papers and police report (08600291101). I will do my best to sum up what happen and make it fast and to the point. I had a woman in my house that lost it and wanted to attack my family and I did all that I could to hold her back. I grab her arms and held onto her and the weight of this action made us both fall to the hard wood floor in my house and once on the floor I held onto and requested that my family to call the police.
Now while waiting on the Cook County Sheriff to show up I let her go and she rain out the house (she was an 18 year old ward of the state). After about 15 minute later and many drive bys I step outside to stop the Cook County Sheriff car and let him know that he kept passing my house as we were the ones that call. Now; after the officer ask me 4 question he spent the next 20 minute talking to my daughter and wife and left the house saying he would go too the group home where she was living and if she had not been medical that day he would take her to jail for domestic batter.
Well 30 minutes pass and the same Cook County Sheriff officer came back to my house and took me to jail; as he stated to me since I was the only man in the house and he got a different story from her I was going too jail and on March 7th 2008 at 6:50 PM I was lock up in Markham IL and that was the last time I saw my family and life till April 17th 2008. Now during my time in Cook County Jail I had the mistrust of having my family hire me an attorney whom knew little if anything about criminal law. He was so bad that when he came to see me in lock up he wanted to know from me what was going to be our defenses. Now I told him that it was going to be NOT GUILTY as I did nothing.

Now I was told by this lawyer that if I took the point of Not Guilty it was going to cost more then what I had paid him so far and I told him Ok as long as he got me back to my family. My next court date was March 17th 2008 and I wanted to have my trail that day and told my lawyer that I wanted he to plea me Not Guilty and request a trail that day. Now this lawyer talk to my wife and a friend of mines that were in court on 3/17/08 and told them that I had a FBI number and if I fight the case I would do more time if found guilty and I would have to sit in Cook County for months.

Now my family just wanted me to get out and I wanted to get out too; I was mental and physical broke down and when my lawyer told me that he could plea me guilty and I could get out and then with draw my plea as I had 30 days to do this. I told him NO! I did not do it and I wanted to fight the case; he said that he would try to get me a trail that day but I should take the plea and then withdraw it once I was out. Now like a dumb scare fool when the Judge said I could not go too trail that day I let the lawyer plea me guilty.

Now seconds after the plea I broke down and beg the lawyer to go back out and withdraw the plea and I would just sit in jail and fight and to my shock this did not happen and since I had a out of date issue to deal with I had to sit in the Cook County Jail for 20 more days and then Crown Point IN up till April 17th 2008. During this time I did my best to have someone, anyone withdraws my guilty plea. I had my wife and a good friend go to the Markham court house to file the paper work and they both were told (learn later this was not true) that they could not do it for me; I had to do it my self or have a lawyer do it.

The record will show that I made so many calls to the public defenders office in Cook County trying to get someone anyone to with draw that guilty plea up too the last day and was not able to get it done. On April 17th I got out of Lake County Jail and I personal took the paper work into Markham Couth house to with draw my plea and this was done on April 18th 2008 31 days after I made the plea and one day too late. The State said I had miss the mark by one day and that my Motion should not be granted and from this action I got some help from the Cook County Public Defender Office and they fought a good case but I lost all my appeals because of One Day.

Now I have been told that the wrong appeals were did and I know that somewhere there is something that I could have done or some law that I could have use and to tell you the truth I feel that the Judge wants my case to come back too her as she like each and ever person that has read the case knows that I did not do it; but her hands are tied.

Now I know you will read this and say that this is just another jail house story from someone that did the crime and now wants a pass and I don’t want a pass I have done all that I can to get this case before a Judge I have sued my Cousin to get these facts before a judge and I have done all that I can think of doing and to this date my actions have not got what I want and that is to clear my name and honor and record.

I hope that you are able to look into my soul and in this case and if it’s anything you can do to help me or point me to a case that I can use or tell me what I need to do I will. I know how to write motions and if I have to fight this fight on my own then I will.

I know that time is not on my side and I know that justice does not always swing fair and I know this first hand. Some will asks how a Collage Education man can let presser turn him into a convicted Domestic battery; and all I can say that any man or woman will bend under the right force and I broke down and gave in.

I personal feel that I should have never been charge under those words of domestic battery in the first case; and if I was going to be charge with anything it should have been battery. When the word Domestic was put in place it brings chills to spine of many and this word has turn my life inside out as I have lost my Job over this and it has kept me from getting a new one; I would have a better chance of having a life if I was charge with murder then Domestic Battery.

Inclosing I hope and pry that you can find the time to look over my case and offer any words that you can to help and I’m sorry for making this so long and I wish I was able to make it short; however I have lived the last 4 years with this cloud over me and I just want to let the sunlight in.