JM: Tell us about the pre-sentencing process: Sarah: Guilty DUI... no fight... do the crime... do the
time... Paul: I was pulled over for a DUI, but had an
outstanding warrant, and was also charged with
resisting arrest (later dropped in court). I was
arrested and put in a cell. Spent two months in
the "kiddie" cell block (we called it the
"sandbox") then I was transferred down to workers
pod. Four days later I was called for a work crew
position. I spent the last month there working. I
was released on my court sentencing date. Allan: It was horrible, the detectives treated me as if I
were guilty before I was even convicted. And the
Probation interview was a sham, he promised me
probation and work release in order to take a plea
of guilty which I never received. The detective
lied about my testimony, and denied me my right to
council Erik: There was really no process. I was arrested at
home and held in jail for a little over 2 months
awaiting trial. A week or so before the trial
date I took the deal the DA's office offered. I
was released that same day. I was not in theast
impressed by the way the PD handled my case.
Some key points were not explored and as far as
I could tell, The PD did a poor and
unsatisfactory job. He no longer works in Shasta
County
JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested. Sarah: no... I always drove to them. Paul: I was pulled over after leaving a bar. The officer
said that he could see I was not wearing a
seatbelt, claiming that he saw it hanging from
the door. This was not possible at all, because
the back window of the pickup was limo tinted, and
it was a late model dodge, with the shoulder belt
exiting from the seat back, not from the door
post. Allan: Detectives called me and harrassed me until I came
in for an interview, while I was being interviewed
I asked for a lawyer on two separate occaisions
and was denied access to one. He took an
accusatary tone with me the whole time, never
really interested in the truth !! Erik: I was at home with my wife. We had just come
home form dinner at a local resturaunt. We had
rented a movie and had sat down to watch. During
the coarse of the movie , the wife got up aand
went to refresh our cocktails. When she opened
the refrigerator a food stuff fell out and
landed on her foot. She returned to the couch
and I fiexed an icebag for her foot. I comforted
her as best I could went she started hitting me
as if I had done something wrong. She elevated
the incident to include yelling and hitting me.
On three occasions I attemped to restain her
arms to stop being hit and was bitten. She then
screamed at me to leave. As I was retrieving my
keys from upstair I could hear her talking to
the police on the phone. At this point I sat
down on the bed and awaited the RPD. When theRPD
did show up they asked me what was going on. I
asked them what my wife had said. I got
noresponce from the officers. At which point I
was hand cuffed and taken to lock up. From that
point on I made no stements to the police. My PD
came to see me three days later. At no point did
the fact that my wife had consumed large
quantities af alcohol was never brought into
court. Bail was set at 100,000 dollars.
JM: What was court like? Please give as many details as you recall. Sarah: Always embarrassing... thankful to be there...
to
face the charges... & that there were no
physical
injury's to anyone. Paul: I was ushered into a court room, and arraigned.
The public defender said he would come see me in
jail. he did not I did not see him again until the
next court date, when they postponed my court date
again, pending discovery about the pickup and the
procedure the officer went through to decide that
I was not wearing a seat belt. The motion to
supress was dropped without my consent, but I kept
my mouth shut when I got to court, because
probation was recommending that I be released, and
the resisting arrest charge was dropped. I was
going home if I just plead guilty, and going back
to a cell if I insisted on fighting the officer's
claim Allan: Scary, degrading, and rigged to send me to prison
if I argued any of the victims claims- The court
appointed public pretenders are a joke and the
lawyers in town are just rejects from somewhere
else. I've been in more than one jail in my life
and I've NEVER seen more peoples civil rights
being violated in my life- Erik: Court was calm for the most part. I was dressed
in jail house clothes. I had discussed my case
with my attourney. In order to get to trial
there are several visits to court. The initial
is the plea. There was three more visits to
court involving banter between the DA and my
PD.There were parts of each court appearance
where the Judge, DA and my PD would adjourn to
the judges quarters and discuss legal points and
come bake and tell me what my options might be.
The DA then would tell me what he was wiling to
accept with a guilty plea. This was also when
the PD informed me what the court would give me
for not taking the deal. If convicted. My PD
gave me not hope of winning my case so at the
settlement appearance ( the last appearance
before trial) I accepted the DA's deal.
Incidently it was the best offer to date.
JM: What were your original charges? What did you end up being convicted of? Paul: DUI and resisting arrest...plea was to the DUI Allan: not really pertainent to anything Erik: Domestic Violence 273.5 felony. It was a felony
because it was the second time I had been
brought up on the same charge involving the same
girl