Wednesday, October 29, 2008

First Pretrial

The first pretrial was this afternoon. I attended even though I cannot actually be present for any of the proceedings. When I get there, they usher me into a private waiting room, and after all the doings are done, they come in and tell me what happened. I could get the same from a phone call, but somehow feel the absolute need to be there, to be physically engaged in the process. Weird, but that's the way it is.

First, the boy and his family had to take care of some business with the clerk of courts. Since there was no arraignment, they needed to arrange to get his birth certificate, etc.

After that, the prosecutor met with the boy's defense attorney. This was simply done in a meeting room, much like the one in which I waited. It was not in a courtroom. The defense attorney will be filing discovery papers, and the prosecutor will subsequently give him copies of all of the police reports, interview transcripts, medical evidence and photos, etc. - everything to which he is legally entitled, whatever that might all be. She (the prosecutor) told him that she had met with me and with my daughter and that my DD (dear daughter) will make an excellent witness. She said that she had no doubt that the specified incidents actually took place. In so many words, but without any commitment of any kind, the defense attorney indicated that he didn't expect the boy to deny what happened.

While not something to bank on, that surely sounds like good news. It could well mean that my daughter will not have to testify. I'm keeping my fingers crossed on that one.

I also found out that NB (neighbor boy) has already been in counseling, and the counselor and the case worker from Children's Services have now declared that he can go home. There will be some things put in place to ensure the safety of his sisters, but I was told not to be surprised if I start seeing him around much more. I wasn't really bothered by that. He doesn't try to come over or communicate with us in any way, so....

DD has softened a bit, too. Her anger is dying away. During our bedtime discussion last night, she agreed that she wanted NB to get help, but that she didn't want him to "go to jail" (her words). This boy has been a neighbor and friend since DD was about 2 years old. She cares about him, as do I. My fear is that he, too, has been victimized, and may need as much help as my daughter needs, or more. I just want to see that he gets it. Somehow, in my gut, putting him into a residential treatment program with other juvenile sex offenders, just does NOT seem like the best thing for him. The prosecutor and the victim's advocate do not understand that sentiment from us, but that's the way it is. DD really, really, REALLY wants to be able to play with her best friend again. She doesn't care about much else right now.

The next pre-trial is scheduled for December 3, 2008, after the defense attorney has had the opportunity to see all of the evidence. The boy could plead to some (or all) charges at that time, in which case he'd be referred for evaluation, before a sentencing hearing would be scheduled.

Between now and the next pre-trial, the prosecutor expects to interview NB's little sister, who was also a victim. Two of the GSI (gross sexual imposition) charges applied to her as a victim.

DD is doing fine with all of this - better than I am. I'm ready for bed. Almost as soon as I arrived at the courthouse today, I had a splitting headache. I think there is more stress here than I am aware.

Thanks to all for the ongoing prayers and support. Both are much appreciated.

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