JM: Tell us about the pre-sentencing process: Oscar: it was gay cause it took a long time to go to
court Ralph: I was arrested and taken to North Hollywood
police station where I stayed for 3 days then
they took me to LA County Jail downtown and I
was locked in a holding cell until my case was
heard. I got barely any time with a public
defender who was not interested in the details
of my case or that I was innocent, just
explained how the bail system worked but they
set my bail way too high ($20,000) and he said
he'd get it lowered. Big deal he got it lowered
to $1,000 but I had no money to pay bail, no
family or friends to pay it (I am a national of
a European country and had just been fired by my
boss at the store because I was in police
custody and couldn't do my shift.) I couldn't
get a bail bond either as I didn't have a car,
boat, motorcycle or house, even though I had
some valuable guitars I could use as collateral,
they wouldn't accept anything so I had to go to
anopen-air detention camp near Magic Mountain (
I don't know which one but it was called an
Honour Farm). I'd never been in trouble with the
police or legal system before and I was the
innocent victim of somebody else's violence (I
was on the ground hurt and bleeding when the
police showed up and arrested me instead of my
attacker. They were not interested in anything I
had to say at the time. ) Luckily I was able to
use a phone for a very short time in the holding
cell to call my brother overseas and he was able
later to post bail through the local consulate
in LA of my country, but it took two weeks to
get through the system and I had one or two
phone calls with the consul to try to find out
how much longer it would take). Robert: Long stressful all u can think of is your
family and that stupid mistake that put u
there ! Bert: well I got out on bond for awhile then I got
sentenced and I started my sentence at the county
jail. I stayed in whitfield county jail for a
while several months before I was transferred to
gordan county jail to await my prison ride. I
stayed there another 7 -12 months awaiting to go.
JM: Did you have police stop by your house for questioning? If not please give us details on how you came to be arrested. Oscar: no i never did Ralph: No Robert: Yes Bert: no , I was caught in the act . a guy I knew told
me he had to stop by his aunt and uncles house to
pick up a few things. little did I know he
actually was breaking in some ones house. I got
in a high speed chase and pulled over
JM: What was court like? Please give as many details as you recall. Oscar: it was bad cause they tried giving me life Ralph: Brief! I was whisked in and out in minutes while
the public defender did a plea bargain to reduce
three felony charges of violent assault, assault
with a weapon and carrying a weapon in a public
place (none of which I was guilty of!) etc to
one misdemeanor charge of carrying a weapon in a
public place! I didn't have any weapon. My
attacker and his friends set me up before the
police arrived on the scene.
I had to be silent in court and only speak when
asked a question and only about my public
defender's request to defer my surrender for
sentencing after they agreed the plea bargain of
30 days county jail instead of up to 8 years on
the felonies in prison. I had no money for a
proper defense or defense lawyer and no
witnesses to speak up for me, so I had to agree
to the plea bargain as I didn't want to go to
jail for 8 years for a crime I didn't commit,
even though the time I'd already spent in county
jail had been enough of A NIGHTMARE!
The judge granted me deferment of 3 weeks before
I had to go back to jail to serve the rest of my
sentence, and with time already served and good
behavior time that would be about 7 more days
jail time. Robert: Long is a word I use a lot but u can only
pray that judge is in a good mood Bert: was crazy .... all I can remember being 16
setting up there in front of all these people ..
I knew that I was in trouble but I didn't really
know how much giving the circumstances I was in.
then I was sentenced to a 12 do 3 I knew I was in
for a long ride
JM: What were your original charges? What did you end up being convicted of? Bert: burglary ... receiving stolen property and
burglary