End of the Trial
Well, yesterday was the conclusion of the burglarly/theft case against the juvenile that broke into my house. The short story is that he was found guilty on two counts of Felony C burglarly and theft (one of each). I found out that he’s already been on probation since the incident, since he tested positive for marijuana at the time of the arrest, and that he’s been failing school, etc. Kinda a sad story, according to his probation officer, he’s actually a pretty smart kid that ended up in the south side gang. More on that in a bit.
He won’t be formally punished from the court until the middle of June. That’s how far back the trials for that court stretch out. But, I am just happy to be done with this process. Including the two prior times that I went to the court and waited for the trial with no result, this trial took up about 10 hours of my work time. The prosecutor that I was working with had 9 hearings concerning the case (not all of them neccesarily trials, but prior arguments, etc). He was also very happy to get “the W”, and that all of his witnesses showed, and that the judge allowed into evidence all of his stuff.
We discussed with the probation officer what the probable steps for punishment might be. The first and most likely step is an upgrade in probation, where he has to meet with a counselor for a session and a drug test 3-4 times a week, including during school. Any infractions met during this period will warrant a further punishment upgrade to option #3 (we’ll get to that). He’ll also have to enter a drug testing/rehabilition facility to check for other long-term signs of drug addiction.
Possibility #2: a costly, 18 month boot camp experience in Arizona, where the boys are disciplined but also given vocational training, etc. The probation officer mentioned that this was unlikely to happen for most individuals, because it costs the state $50,000 to send a kid there. Yes, that’s a whole bunch of money to rehabilitate a juvenile for 18 months. They typically only send kids there that show signs of promise if they are removed from their environment.
Option #3: boys town/juvy/prison, whatever you want to call it. It’s a prison for male children (up to 18). According to the prosecutor, the state DOC (juvy) is probably the 2nd worst prison in the whole state, that many kids are violently killed or what have you there. He said the state would only recommend that facility to an individual with repeat or more serious offenses. There is another facility more local to South Bend that he would likely go to if that decision is made.
The trial was strange. It was terrible and kinda cool at the same time. The terrible part: I had to sit in the prosecutors office for nearly 2.5 hours waiting for the trial, and every 10-15 minutes there was an initial financial hearing for each and every child support case, where the parents told how much they made, whether it was hourly/salary, whether they had insurance, whether they had other children, and if they supported them, etc. Not a single one of the people that I heard (more than 10 cases) had insurance, and 9/10 had goverment health care of some type (medicaid, etc). Also, the waiting. Like I said. I got there at 1 and the trial didn’t start until 3, and the trial didn’t end until 4. Long time.
The trial felt a bit overblown. There were two physical witnesses and a taped witness/cross-examining that was played back for the court. The public defender tried to play every trick in the book, sometimes asking the same question about 10 different ways. The arresting officer had a bit of a problem with remembering exact details, but was allowed to refresh his memory from his report. The defender attempted to play the race card, the fact that he didn’t run when approached, that no one actually saw his enter the house, no one saw his carrying the stuff, etc. But the judge ruled that the circumstantial evidence was great enough to convict him of both. (Basically, no one saw him in the house and with the stuff, but my house was broken into, and the neighbor saw those kids in my back yard, and they were found with the stuff, from my house. The logic train does not require an eyewitness every step of the way). More or less, this kid didn’t plead guilty because his grandfather though that he could beat it, and they were essentially counting on one or more of the witnesses not showing up to court.
Very interesting to actually be involved in something that you see on TV and in movies all the time. But, essentially, the system is broken. That kid is in a gang, and if probation gets in the way of getting high or being with the gang, then I’m guessing that the gang is probably going to take precedence. I mean, really, are they going to chase a juvenile parole violator very far? I don’t have much faith that what happened will more than ornamental consequences, but I feel that I did my part to bring to justice someone who might possibly do the same to others, and it feels good to enact whatever justice is possible, effective or not.
It’s also still so lucky that my neighbor was outside and had the good sense to call the police so quickly. Leah and I should have done a better job with rewarding them for that, though I’m certain that they were vindicated by the detention of one of the kids, and I’m sure that they’ll be happy to hear of the conviction as well (if they remember it, as it was 7.5 months ago).











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