Oh gosh court today was way too easy! Especially after last week's what-the-hell-was-that experience in court.
Last week I thought the case against Nick (who now admits he resides at 911 C. Street after denying it for so long) was reopened because he had violated the January 15th settlement by having dogs on his property. I studied my notes (i.e. read my blog over a few times) and was prepared to testify about the dogs on the property after January 15th. I even brought pictures of the dogs labeled with the dates that I took them. By the way, this is a no no in court. Witnesses don't peek down at notes that haven't been entered as evidence while testifying. Ahem, anyway, I was actually questioned on the events of September 7th, 2007 and before my mind could change gears I found myself describing the wrong dog. When I caught myself I turned around to Tylerann and said, "Oh, it's the dead dog -- Bamboo." But it was too late. The defense attorney shut me up right then. She tried to have the case dismissed because we couldn't agree on what the dog looked like. As it turned out, the judge got the right idea. He stated that it looked to him that we were describing multiple incidents with multiple dogs running loose. He was right. The outcome was that Nick was found guilty but the judge suspended sentencing because the dog was supposedly dead. "Poisoned or something," he claimed. The judge warned that if that dog should turn up in the next 12 months, perjury would be a consideration and jail likely.
Before the trial actually began, Lynne took T and me aside and told us the deal she was trying to work out with Shirley's attorney. Part of the settlement would state that there would never be dogs at that address as long as they were living there. I asked, "And if they move?" Lynne said they didn't have any jurisdiction over that. I said so it would be simple if they just moved. I vote we settle on them agreeing to that. Then they wont be bothering me and they can have dogs if they choose. A win win situation!
There had been some skirmish in the back with Mrs. Shirley. Her attorney then came forward and asked the judge about Kennedy's case. Apparently Shirley thought that her husband's case (she's now claiming him as her husband) had been dismissed. I guess the judge not imposing punishment gave her that impression. She's no virgin to the court system. The judge corrected her and explained that he was reserving the right to sentencing at a later date if that dog showed back up. Shirley was expecting to get the same but that did not happen.
He didn't send the witnesses outside this time. I guess he figured we had all been there several times before and that he was going to hear much the same thing anyway. The animal control officer, Lynne, started off with a brief description of why we were there and then started pouring out the pictures. The defense attorney objected and asked that they be properly entered into evidence individually. This was probably not a good thing for the defense it turns out because Lynne handed each picture to the judge and with each one described why the picture was taken and what it was to represent. Each picture showed the brown and white dog on my lawn or in my driveway. The city attorney asked T if that was the dog, she said uh huh. He asked me if that was the dog, if that was my yard, if I took the pictures. I answered each time with the same uh huh and that was it.
The defense attorney didn't even cross examine either of us.
Lynne went on to remind the judge that Shirley had signed papers in his courtroom May 6th, 2007 surrendering two dogs to the city. There was no problem picking up the little white puppy at the address provided but when the animal control officers arrived on Harrison Street, Kennedy was there. The resident contended that the brown and white dog was his and they couldn't take it with the court order reading that it was Shirley's. Not only that, they had tried dyeing spots on the dog to alter it's appearance and tried to convince animal control that this was the wrong dog. They said that Tracker, the brown and white dog, was a male and this dog here was female. I guess nobody had any evidence as to the sex of the offending dog. I was more concerned about it's teeth, frankly. I am certain that no amount of hair dye is going to change that dogs genitalia (and thank Heaven for that or who knows what mine would look like by now). I remember Lynne coming back to my house that day and asking me to print out the best pictures I had showing off the markings on this dog. The dog had very distinct marks and after viewing the rest of my pictures there was no doubt that this dog was one and the same.
The judge held the pictures like a playing hand to be proud of. I was hoping he would just slap them down and say gin but I didn't think it would happen. Then it happened. Well he didn't say "gin" exactly but he might as well have. He did say that the pictures showed with out a doubt that the city had proven it's case, that specifically being that the dog was running loose on January 29th, 2008 (see my blog on same date).
As Judge Cook began considering consequences, Lynne pulled out the pictures of the dyed dog. The judge reviewed them before looking up at Shirley. He started with, "Ms. Shirley, you've made this a lot more complicated than it need to be. That's why I'm going to sentence you like this." He looked down and started writing as he was talking and I didn't hear every thing. I did hear him rattle on, "court fees will be $470, blah blah blah. . . . .and thirty days. . . . . beginning August 12th, bond set at $500." Then it hit me. She was going to JAIL! Oh gosh! It hadn't occurred to me that there might be jail time with this. I thought a couple hundred dollar fine and that would be it. Oh yeah! She's going to Jail. Turns out her sentence is actually 180 days with 150 suspended, has to serve 30, and two years probation. Of course she gets 14 days to appeal. Don't know if there's much point but she probably will.
While this is still bouncing around in my head it occurs to me that somebody is going to be pissed leaving the courtroom. Then T whispered to the city attorney, "Are we done?" As he nodded T came out of her seat and almost ran out of the courtroom. Either she had to pee really badly or it had crossed her mind to get the hell out of Dodge before Shirley did! I popped up and was out of there and to the steps calling, "Wait for me!" We jumped in my car and headed for somewhere to eat.
My phone was dead so I asked T to call my daughter (who was at home with my grandchildren) and warn her to lock the doors. T called Sarah and said, "She's going to jail."
Sarah screamed back, "Who MOM?"
"No, not your mom, Shameka!"
T and I sat and ate lunch giggling, 'She's going to jail!" one minute and, "Oh hell, they are going to be pissed at us!" the next. We finally ordered lunch for Lynne and took it to her at the animal shelter to thank her for a job well done.