There is much to post about. Since June 15th I have done much. Since my last post I have become one of the hundreds of thousands of people to learn how to breath underwater. Unfortunately or fortunately (however you may want to view it) I was not a part of a Mad Scientists experiment to give humans gills. I took several classes and became certified as a Open Water Self-Contained Underwater Breathing Apparatus (SCUBA) Diver.
Just for the record, I have always loved the water. I cannot remember a Summer (and sometimes a winter) when I have not gone swimming. I am no Olympic Swimmer by any stretch of the imagination, but I am more than just comfortable in the water. So, SCUBA was not that far of a stretch for me. I have always wanted to do it and it only took a slight nudge in the right direction for it to become a reality.
If some of you will recall there was another Wedding post last year were my Step-sister got hitched. During her honeymoon, her husband went SCUBA diving. Only a couple of dives but enough to get hooked on it. Upon their return, he started recalling the experience and said that he would like to get certified. However, he did not want to do so alone. Not even a heartbeats wait and I told him that I would more than happy to go with him. And that is how the journey began.
So, far I only have 8 dives outside the training dives, but, they were awesome. Nothing more than a few hours in a local lake, with a visibility of a little over 8 feet (for South Carolina anything over your hand in front of your face is epic), a few trout, a snapping turtle, a forest, and a sunken boat. But it was enough to get me hooked. And I would suggest it to anyone.
I also went on my first date. I will wait a minute and let that sink in.......You heard true, my first date. It was nothing spectacular or anything, but I learned (again) that woman will not rip your heart out and eat it if you ask them out. And every once in a while, they say yes. Also, for the record there was no second date. There was a mutual agreement of zero chemistry.
And now to the point of this post. We went to trial today. When I say we, I mean the woman that caused the wreck and the Ladies (Officer M, Agent L, and Agent S). I was not subpoenaed as a witness or anything, I was just there for moral support.
A couple of months after the wreck, they received notification that the case was going to a Jury Trial. A month or two ago the case was supposed to be heard, but the defence attorney conveniently had a General Sessions case that took precedence over this meager Magistrate level case.
Today it went forward. It was interesting to watch such a simple case get muddied with emotions (mine included). It was also interesting to see the difference between Law Enforcement in court and the average Joe in court.
The Trial started at 1600 hrs sharp. However, the Ladies (and families), Marshall #2, and myself were there well ahead of time, and dressed for court (suits and nooses for the men and conservative dresses for the Ladies). The defendant, her family, and her "witness" arrived about 5 minutes early. The defendant was the only one dressed for court. The rest of her entourage arrived in street clothes.
After the ladies had their necessary pretrial talk with the Assistant Solicitor (Assistant District Attorney for you all not in South Carolina), we were all asked to find a seat in the Court Room. Again, as stated earlier the jury trail began at 1600 hrs sharp.
Opening arguments were uninteresting compared to those that are generally heard during a General Sessions hearing, but both Attorneys got their point across. The first witness called was the Investigating Highway Patrolman. He looked about Twelve, but spoke with the authority and knowledge of any experienced Law Officer. He laid out the facts in a simple and plain manor. Considering those involved, i.e. Officers, I found the investigation...lacking (Not because they are my friends, but because of all the civil issues that could arise from such a collision), but not to the fault of the Patrolman.
Evidently, his Superiors made a judgement call as to whether or not to bring out all the fancy CSI gear that everyone was so expecting. Upon hearing that the only charges were going to be "Failure to Yield Right of Way" with no fatalities involved, the Superior advised that the given statements (from those involved and witnesses) would be enough to make the charge.
Upon hearing this, the Defense jumped all over the Patrolman, trying to get him to admit that the investigation was done improperly. Bait attempt after bait attempt failed to the point of actually helping the State.
After the Patrolman my friends were paraded up onto the stand and all spoke of what they saw that day. The Defence did not cross examine any of the Ladies, I do not know why exactly. Perhaps it was because he knew that any attempt to trip them up would fail horribly, due to past experience or out of respect for what they went through. But, I was impressed that he did not question them.
With the State resting, the true Circus began. If I had not been there I would not believe that what I saw happened, but it did.
The first witness for the Defense was the Son of the Defendant. His only purpose was to enter evidence, multiple pictures of the car that the Defendant was driving and a printed map of the intersection from Google Maps with street view. The State objected, mostly at the adamant behest of the Ladies. The grounds...the State did not provide any pictures during their case. I will not go into why this is just stupid, only that half an hour passed before the objection was overruled. And know that most of the argument from the State was from the Ladies, not from the Solicitor. Half the time the Judge was practically begging the Solicitor to give him a sound argument. But none came and the pictures were allowed.
The next witness was called and he told what he saw. He was on a side street looking the intersection and red light, saw the Defendant pull out cautiously to turn, tires squealed, and cars collided. Simple right...wrong. By the time the Solicitor got done cross-examining him, he did not know up from down, and they were simple clarification questions using the very map the Defense provided.
Here I really must credit the Judge for his patience, because at this point everyone in the audience (myself included) was trying to correct this "witness", and not quietly. In any other courtroom, every single one of us would have been held in contempt and bared from the court...forever. This Judge only looked at us and we became quiet.
Next, was the Defendant, whose testimony was straight forward, "I had the arrow." She did not move on that statement.
Then there was the closing arguments, more objections from both sides during both arguments, before the Jury was charged with what they were to find and they were sent to deliberate. After what felt like an hour or more the Jury came back with a Guilty verdict. The sentence for all the heartache and trouble caused by such an emotionally charged trial...$155 fine.
Not unexpected, it was only a Failure to Yield Right of Way charge and the Judge took into consideration the fact that the Defendant had a squeaky clean driving record (maximum fine is $250 something I believe). Court was then adjourned.
We walked slowly to our vehicles. The Ladies were emotionally drained. Little was spoken. What conversation there was, centered around our actions in court. We all know better than to speak out in court, but for a group of people not used to giving up control it was understandable...not justifiable by any means.
The Ladies thanked me for being there. Before we went our seperate ways, I made the statement that I was glad that it was finally over and done. Agent L reminded me that this was only the middle for her. That many years still lay ahead in her road to recovery and mayhap a civil suit or two.
Semper Fi Deus
Goose
No comments:
Post a Comment