On the day that I get back I will have an appointment in the court to meet the judge who will try the case (if the State continues with their silliness) and answer various motions both of us have entered. If the documents aren’t in the documents folder now they will be soon for us all to see.
There is a motion the State filed to exclude the history of the State’s only witness, the only person who believes she saw a crime being committed. Upon my return the State will have a final witness list, supposedly, and the final of the three judges involved will consider this motion and others.
To keep my thoughts in order I have decided to write about this issue for consideration before meeting my judge. I have already met my jury.
This woman, the States witness, is responsible for this circus and the State wishes to exclude information about previous circuses that have had her at the center. I myself beat her in small claims court in 2002. That the State wants to exclude this woman’s history is tantamount to me wanting to have her testimony excluded. I wonder if even she is aware of how many people she is responsible for arrest and/or punishment.
My first thoughts were these three points:
1. This is not a case about her charges against me, which are silly, but rather about how Probable Cause was found to arrest me for breach of peace for
“engaging in fighting or in violent, tumultuous or threatening behavior in a public place; or (2) assaulting or striking another; or (3) threatening to commit any crime against another person or such other person’s property; or (4) publicly exhibiting, distributing, posting up or advertising any offensive, indecent or abusive matter concerning any person; or (5) in a public place, using abusive or obscene language or making an obscene gesture; or (6) creating a public and hazardous or physically offensive condition by any act which such person is not licensed or privileged to do.”
It is now up to the jury to decide, of course, but I read nothing in Ms Meneguzzo’s sworn statement that accuses me of any of those things. Regardless the police found Probably Cause to arrest me for it anyway.
2. Although Ms Meneguzzo admitted in her sworn statement that my purpose was to get her to leave, and she refused to leave; and although she lies in her statement that she tried to re-enter my shop, my home, to get a receipt that she has now (she did not know it was all on video); and even though her sworn statement says she refused to leave my shop the police officer who arrested me for Probable Cause in that sworn statement found “No Probably Cause” to investigate my allegations that she, well, refused to leave my shop. Go figure.
3. This case is about why we have another circus with Ms Meneguzzo at its center. I don’t believe she deliberately put herself there, but I believe the legal system we have, which is very definitely not a justice system, is because the police decided to arrest me. After the arrest there is nothing to do and no one to do it except the jury. No one makes any sense in the mean time, and until the case hits the jury the State is on cruise control: pick a jury, list all the evidence, try to exclude any evidence that might not put me in jail, play the game and do it right and no one looks at the big picture: a circus with Ms Meneguzzo again at the center. That is your job. Your instructions are, like all instructions in our legal system, to follow the letter of the law and find me guilty if necessary even though finding me guilty might not be fair or just or right or true. This case is a very good example of why our American legal system is an affront to any justice system. The check in the checks and balances of our system is that jury doesn’t have to tell anyone why it finds me guilty or innocent of these stupid charges.
I have been thinking a lot about this, that once someone enters the system, as they put it on TV, there is little way out of the system short of a guilty plea or a jury verdict. That means that once arrested it takes a jury to get me out. In the mean time we are all on autopilot. The State isn’t about to make a move. I think you can see right now why I can’t trust anyone but the jury at this point to look at this circus for what it really is. I can understand that people reading this don’t believe it is the way I am explaining it, and I can’t tell you with any authority anything, I am not a lawyer and I am at the wrong end of the system, but I can tell you what happened.
And therein lies the problem. I can tell you what happened. I can, but I don’t have to. And if I do tell you, or the police, or anyone, what happened whatever I say can be used against me. So it is in my best interest NOT to say anything. So all lawyers everywhere say don’t talk. I understand that now. But I don’t think you understand it yet. I understood that when Officer Holcomb told me that if I didn’t show the video I would be arrested I knew what would be involved in showing the video. The quicker way to my birthday party was to be arrested. And now I understand that once arrested the only way out was a jury trial, because no one else will see this as the circus it is.
