All language subtitles for Domestic Violence 2 (2002)eng

(traffic rumbling)

- We've never been in trouble or had the law called on us

for domestic violence or whatever, or arguing or anything,

and that's the honest-to-God's truth

and we were not fighting, physically fighting.

He grabbed me.

- [Officer] Those scratches didn't end up on him--

- I was trying to get him to get off of me

because he was trying to-- - That's domestic violence.

Maybe you don't see it as it, but the state--

- Because we weren't fighting,

we weren't hitting each other, he just didn't want me

to get in the car and leave.

- Okay, if somebody puts hands on you,

an unlawful touching, that's a battery,

and when you're married or have children in common

or live together as a family,

that's domestic violence, battery domestic violence, okay?

And our department policy states that the aggressor

involved in that incident has to go to jail

to diffuse the situation.

Because if we leave and we don't take you to jail--

- [Woman] But it really wasn't serious, though.

- Well, maybe it'll make you two realize

this can't go on like this.

- It doesn't, though, it's not like, we've been together

for seven years and we've never had a problem like this.

I mean, we argue, but he was only wanting

to keep me from leaving.

I told him I was gonna leave until he cooled off

so we wouldn't keep arguing, and that's all it was.

We do not fight.

- Well maybe you don't qualify it as fighting,

but that's fighting.

Okay?

Let me talk to this other officer,

and you got her for a minute?

- Yes. - Okay.

- What was the argument over tonight?

- His cousin's girlfriend came and picked me up,

me and my daughter so we could go to the park

with her and her son, and then we went to their house

and I've just been gone, I guess, a little too long,

and he got upset about it.

- [Officer] Anybody been drinking at all tonight?

- I had a beer over there, but I'm not drunk,

and I wasn't drinking.

- Right. - I don't drink often at all,

and I had a beer, and he doesn't drink at all.

And he just got very upset and when I got here,

he was yelling at me and I was yelling at him,

and I told him I was gonna leave

and he grabbed me to keep me from leaving.

And that's all it was and I guess he got the scratches

'cause I was trying to make him, you know,

he had me like a hug, a tight hug,

and I was trying to get him off me, and that's all it was.

There was no hitting involved and he never hits me.

- [Officer] Are y'all married?

- No, we've been together for almost eight years.

- [Officer] Do you have any children by each other?

How many?

- One. - One? How old?

- Six. - Six?

Where are you living now?

- [Woman] Right here.

- Right here?

- He really didn't do anything to go to jail either.

We just were arguing, I swear, and he grabbed me

to keep me from getting back in the car,

and I was just trying to push him off me,

and he's sweaty and slippery

and I guess he got some scratches,

but there was no hitting or anything,

and this never happens, we do not fight.

- [Officer] You have to realize--

- And we've never had complaints on us about this before

and I don't know why she got two calls tonight

'cause I wasn't even here.

I haven't been here since about 5:30.

- Right, listen to me.

You have to realize, though, you two are adults,

you have a child in the house, okay.

- [Woman] I understand that.

- There's nothing wrong with arguing, everybody argues.

- [Woman] I understand that.

- But when it comes to the touching and the grabbing,

that's where they draw the line.

- I know. - Okay, 'cause it escalates.

It doesn't just stop at that.

- He only did that because I was

threatening to leave and get back in the car

and he didn't want me to leave.

But he wasn't hurting me.

And he doesn't ever do that.

We do argue, every couple does.

- [Officer] Right.

- But there's never any violence ever.

There never has been or I wouldn't stay in it.

But I'm being totally honest, there was no hitting

and he wasn't trying to hurt me when he grabbed me,

he didn't want me to leave, I mean,

he was upset because I was gone up until now.

And it was just a lot of arguing and yelling.

And I realize it's all bad, but like I said,

I know everybody does it, but he really didn't

do anything to hurt me.

- [Female Officer] She had gone with her friends all day.

Comes back and he's upset and jealous,

and they get into an argument.

She tries to get in the car and leave,

and he tries to stop her from leaving by holding her.

So she's pushing him back and in the course of it,

he suffers some scratches on him.

Granted, it falls under certain criteria

of domestic violence because of the scratches.

We've never been called out here before

and neither one of them wants the other to go to jail.

What I'd like to do is just write battery

and direct file on it.

- Can't do it.

If it's domestic violence-- - I know, I know.

- We have signs.

We have signs of physical violence,

someone goes to jail.

- [Female Officer] That's what I told them.

Well, you gotta try.

- I know, I understand that.

You gotta try, but our hands are tied.

That's state law now, so.

- [Female Officer] Okay.

- But I know what you did and I know why you did it.

- Okay. - So.

(mumbling)

- Thanks, this is, this has been crazy.

- [Female Officer] Okay.

- [Male Officer] All right.

- [Male Officer] Let me know if you go to trial.

- [Female Officer] Okay.

- [Male Officer] I just asked the neighbors

if they saw anything.

They heard them fighting but they didn't call.

- Okay. - They didn't want a scene.

- [Female Officer] Little bit more.

Step to your left.

Have a seat and watch your head.

Okay, watch your knee.

- I wasn't physically hittin' her or nothin',

I wasn't even physically puttin' a hand on her.

She was doing all the physical

so now that y'all are here and she is going to jail

they kept saying they were gonna call the police

and I was going to jail, and I told 'em,

y'all call the police, I ain't goin' to jail.

- [Officer] No, you're not going to jail.

- 'Cause I ain't did nothing.

- [Officer] Okay.

- But-- - But she did.

- [Man] Yes, but it's my fault.

- That doesn't matter.

- [Man] So let me ask you, tomorrow she'll go to court.

- Tomorrow she'll be seen by a judge, okay?

You cannot bond her out before she goes

in front of the judge.

Once she goes in front of the judge,

the judge will give her specific instructions as to what he,

what he wants, okay?

And then he has the authority to release her

on her own recognizance.

- [Man] She's never been in trouble, so.

- That's understand, okay, that's admirable,

and it's understandable, okay.

But you just got to understand with domestic violence

it's no guess work in it anymore, okay?

I used to be able to, before domestic violence law

was enacted, okay, yeah, they're right, okay.

They would call the supervisor, I'd come out,

I'd weigh the pros and the cons and I'd say, okay fine,

no, don't make an arrest let's just report it,

write it up and we'll refer it to

the State Attorney's office and let them decide.

- [Man] Can I say?

- But we can't do that-- - I'm not being no smart ass

or nothing, and I don't want to go to jail,

but could y'all take me instead of her?

- [Officer] She kept hitting you

and you didn't hit her back.

That's domestic violence, okay?

Are you married?

You're living together.

- Nine years.

- [Officer] You have children together.

- Four. - That's what makes it

domestic violence, you're living as a married couple

and you have children together, okay?

That encompasses the domestic violence statute.

Okay?

And this all falls under that.

That's why we don't have a say in what happens here.

Okay, we have to follow what the state law

says we have to follow, okay?

The reason they did that, because

there had been occasions in the past

when both the husband and wife or boyfriend girlfriend say,

oh it's all over, okay.

And the next thing you know,

an hour later we're coming out because somebody's shot,

stabbed, you know. - I understand.

- And that's why they made the law, okay?

We can't just circumvent the law

and say well okay I don't like it so I'm gonna say

don't arrest, okay?

We can't do that, and I'll be honest with you,

we won't do that.

Okay?

We're gonna have to follow the letter of the law

all the way down the line.

- [Man] The sergeant just told me you got to go to court

in the morning and see Judge Heinrich.

ROR you 'cause you've never been in trouble, but

gonna be a thousand dollar bond, all I got to do

is get a hundred bucks,

and I will have you out in the morning.

Okay?

I'm sorry, it's my fault, I know.

Look, hey, I'll have you out in the morning, Tabitha.

You don't trust me?

You got me out, didn't you?

You got me out, all right?

I'll have you out in the morning.

(traffic rumbling)

- The following people, when your name is called,

you stand up and you remain standing

until I tell you to sit down.

You have similar problems that will require

some further explanations.

Page four, Tangelar Wright.

Rita Mae Denson.

James Daniel Coleson, Lewis Hendricks.

Page 20, Ricardo Hernandez.

Daniel Curtis Lee, or Lea, L-E-A.

Calvin Henry Matthews, Larry Macintosh.

Each of you have been charged in at least one of your cases

accusing you of an act of violence against another person

or a threat to do violence against somebody else,

or a violation of a restraining order.

All of you will now have this same condition

placed on your life.

You are no longer allowed to have contact

with the alleged victims and or witnesses of these events.

I will be going through each of your individual cases

in the next couple a hours and I will tell you

who it is you cannot contact if I know.

No contact means you can no longer see these people,

talk to them, or communicate with them at any time

for any reason under any circumstance.

If you are living in the same residence with them

you've got to move out.

If you've got clothes there you will have to get

the police or the deputies to escort you back

to get your personal clothing only.

Or have someone else get your personal clothing for you.

Most of you, if not all of you,

at this moment are being held without bonds.

And the reason for that is real simple.

The law does not allow you to bond out of jail anymore

on a domestic violence case at the time of your arrest.

The law says you got to stay in jail

from the time of that arrest until you are brought

in front of me at first presentment hearing

somewhere between two to four days after your arrest.

And then I get to decide whether you get out of jail or not.

So as I go through these cases I will be determining

whether bonds will or will not be set

and in the amounts thereof.

If I set you a bond or you get out a jail

and you violate my order I will have you rearrested.

And I will hold you in custody for as long as it takes

to conclude these matters.

Period.

You are now forewarned of the consequences of you actions.

If I hold you in custody until another hearing

or if you can't make the bonds that are set

and you decide to violate my order by calling these people

from the jail or writing them a letter,

if I find out about that I'll revoke your phone privileges.

I will revoke all mail communication privileges.

And if you have to be placed in isolation cells

and cut off from the entire world,

that is exactly what I will do to you.

Because I mean it when I tell you

you cannot contact these people.

If these people do not object to having contacts with you

then they have to come down here and testify

on the record, under oath

after a properly scheduled hearing

without any requests or coercions on your part

directly or indirectly.

That means you can't call your friends up

and tell them to go talk to these people.

If they come down here freely and voluntarily

and so testify

I will certainly reconsider the order that I have just made.

It does not automatically change.

It means I'll think about changing it.

So until another hearing, if you've had relationships

with these people, that relationship has now come to an end.

And just so you get a better understanding

of the serious problems you are all facing,

right or wrong the State Attorney's office

has taken the position that every act of violence case

is going to get prosecuted.

Even if that victim comes down here

and begs for these charges to be dropped,

don't expect that to happen.

These are serious problems.

That will be a long time from being resolved.

Have a seat, I'll be back to you sometime individually

in the next couple hours.

Lewis Hendricks.

It's the battery charge I referred to earlier.

You're not allowed to contact Revika Babcock,

witness Tamara Pantingo, Patingo.

And Williams Starks, State Attorney.

- Your honor, he has two prior arrests

for domestic violence on the same victim.

He doesn't have any convictions at this point.

He's also got one pending over at intake right now,

a direct file on this victim.

I've been contacted by

Debra Diaz of our office, or Debra Simpkins,

who indicates that the victim is in fear of this guy

and is afraid if he is released

that he is going to retaliate against her.

He just finished a probation on a trespassing.

I've asked Ms. Diaz to come over here,

the victim was supposed to be present,

she has not appeared today.

- Well how come if in fact she was so concerned about him

in the past the charges were nolle prossed?

- [Prosecutor] I don't know your honor.

- But he also ran from the officer

so he's obviously not ROR material.

Put his bond at $5000, 2500 per count

with the conditions that I've stated.

- [Prosecutor] Thank you, your honor.

- [Judge Heinrich] Ricardo Hernandez.

Battery charge I referred to earlier.

You're not allowed to contact Dorothy Hernandez.

State Attorney. - Nothing, your honor.

- No priors, no probations.

He has an address and he has a proper form of ID.

Release him ROR, stay away from her.

Alfonso Brown, stand up.

Mr. State Attorney we set this over, what was the reason?

- We set this over your honor.

We couldn't find the paperwork yesterday.

He had a warrant and didn't know who the victim was.

It's a domestic violence case and we didn't know

who to tell him to stay away from.

The victim is Juno Davis, the date of offense on this

was May the 24th of '98.

It occurred at 3511 North 20th Street

apartment number 151.

- Okay, Mr. Brown lists no address, no form of identity

and no employment, he's charged with burglary, battery,

violation of restraining orders and petty theft.

Facing life in prison.

State attorney do you have any prior record on him

concerning acts of violence against Juno Davis.

- Mr. Brown has a real extensive prior record,

particularly where acts of violence are concerned.

He's got cocaine, he's got robberies, he's got

theft, he most recently, 8/25 of '97

did a 30 day sentence for domestic violence.

And I'm double checking, that was on Juno Davis as well.

- All right set the bond at 10,000 per count,

your bond will be $50,000 with the conditions

that I've stated, have a seat.

It's the act of violence problem I referred to earlier.

Two counts of aggravated stalking.

Two counts of violation of a restraining order.

These are warrants issued by another judge recently.

These warrants were issued by...

Ah, the judge just put the initials.

But the warrant was issued June the 3rd.

It appears that the date of the offense is June the 2nd.

You placed calls to her work.

Five of them.

Called her residence, left messages on a recorder.

And then another event going from April the 1st

to June the 1st.

Same victim, more phone calls to her residence.

The phone calls are on the answering machines,

so they've got evidence of that.

Followed her down the street.

State Attorney.

- [Prosecutor] Your honor, I'm showing two prior stalkings

on the same victim that were not filed

because she did not cooperate.

- [Judge Heinrich] So she did not cooperate

on the two last events.

- [Prosecutor] Yes sir.

- [Judge Heinrich] Any other record other than the two

previous dropped charges.

- [Prosecutor] Not that I wrote down your honor.

- Okay, put the bond at 1000 per count.

Your bond is $4000.

You're not allowed to have contact with this woman.

They have a pretty strong case against you,

the restraining orders were still active.

Jeffery Corey stand up, you have a private attorney

who should be appearing on the split screen to my left.

- [Ms. Pardo] Christie Pardo here on behalf of Mr. Corey.

There's a witness present as well.

- Charged with battery, you're facing a year

maximum sentence in jail.

You're not allowed to contact Katherine Gallagher.

State Attorney, any priors? - No prior record, your honor.

- Is the lady in the audience Katherine Gallagher?

- Yes, your honor. - Yes, she is.

- Have her come forward.

Step to the microphone Ms. Gallagher, right there is fine.

Ms. Pardo, if you'd step back a second.

You need to listen to me a second, miss.

You have the right to remain silent.

Everything you do and say here today

could be used against you if you are prosecuted

for any events that took place between you and Mr. Corey.

If for some reason you come here today and tell a story

differently than what you have previously

told law enforcement, or if you admit here today

on the record you lied or you exaggerated these facts,

you will go to jail here today on the spot

for contempt of court.

You will go to jail here today on the spot

for a false crime report, and you could be charged

with a felony case of perjury

where you could go to prison up to five years.

I have no reason to believe you're gonna do

any of these things, miss, but you do need to know

the consequences of those actions.

And due to the fact that those are serious consequences

you have certain rights.

The right is, you do not have to talk to me here today.

I've only asked you to voluntarily come up here,

but if you do choose to speak to me it is free,

voluntarily and on the record.

Do you want to talk?

- [Ms. Gallagher] Yes I do.

- Raise your right hand please.

Swear to tell me the truth, the whole truth

and nothing but the truth so help you God?

- Yes.

- Put your hand down, and your name please.

- Katharine Gallagher.

- What is, or what was your relationship

to Mr. Jeffrey Corey?

- He is my fiance.

- Have you ever accused him of acts of violence in the past?

- No I did not.

- Has he ever accused you of acts of violence in the past?

- No he has not.

- Do you have minor children living

in the residence with you?

- No we do not.

- Do you two live together in the same residence?

- We live and work together at the same place.

He has worked for our employer for three years.

- So what's going on between the two of you?

- Because an argument got out of hand between the two of us,

through drinking.

- [Judge Heinrich] What did he do to you?

- Basically...

- [Judge Heinrich] You want to read what you told

the officers first so you don't say anything different

or do you pretty much remember what you told them?

- I pretty much remember what I told them.

It was on both our parts.

- [Judge Heinrich] Are you injured?

- No, I am not.

I was very angry and upset.

- [Judge Heinrich] So he held you down by your wrist

and your legs, pushed you?

No physical punch, you don't have anything like that?

- [Ms. Gallagher] No, he was trying to get the keys

to our truck and because we were drinking

I didn't want him to drive.

- [Judge Heinrich] So what's your desires and wishes?

- He needs this job and I would like him

to be able to come home.

- [Judge Heinrich] You still want to try to work out

this relationship?

- Absolutely.

- [Judge Heinrich] State attorney?

- [Prosecutor] No prior record, your honor.

- [Judge Heinrich] Counsel for the defense, step back.

- Your honor, at this time I'd be requesting a release

on his own recognizance based upon the fact

that he has no prior record and there were no injuries,

as the victim testified.

He does reside with her, she is accepting him back there.

If the court requires another residence

there is a brother that he could stay at for a while,

but we would be requesting that he be allowed

to return to his residence with Ms. Gallagher.

- All right release him on his own recognizance

due to the fact that there's no minor children

residing in the residence and no serious fight

between the two of them in terms of injuries

or weapons being used,

I'll remove the condition of no contact.

But Mr. Corey, understand it real clearly, sir,

don't do anything wrong, this matter is far from being over.

It's just beginning.

Just because she's here today making this request,

do not get any false impressions, either of you.

You need to get into your attorney's office,

figure out what you're gonna do.

Do you understand me, sir?

You're welcome, have a seat.

- [Ms. Pardo] Thank you, your honor.

- Motion to reduce bond on a sexual battery case,

or motion to set bond.

The specially appointed public defender

who is assigned to this type of case should be coming on

the split screen, right hand portion coming into focus.

Do you see your counsel?

- [Man] Yes sir.

- Okay, the defendant had been released

on January the 18th on surety bond,

set for pretrial June the 24th and jury trial July the 6th

on a misdemeanor case.

Madam Clerk what is the nature of the misdemeanor case

he's out of custody on?

- [Court Clerk] Possession of cannabis

and possession of drug paraphernalia.

- So it's not an act of violence?

- [Court Clerk] No sir.

- Counsel for the state, any prior acts of violence?

- No sir, this is a capital offense I believe.

The victim did appear in our office yesterday

and meet with Karen Stanley and has requested prosecution.

Or at least has given testimony.

I don't know if this victim,

but the complainant requested prosecution.

- [Judge Heinrich] So this is a capital sexual battery

where the alleged victim is less than 12 years of age,

the child is five.

- [Prosecutor] Yes sir.

- [Judge Heinrich] Counsel for the defense.

- [Defense Attorney] Judge, the person who appeared

is more than likely the mother of the child.

These charges arose in the middle of an ongoing,

lengthy, very nasty custody battle.

Which as this court knows is prime breeding grounds

for this sort of charge.

- And what are you suggesting, that the mother's telling

the five year old to go there and make these lies up

that the daddy's sticking his fingers in his butt?

Is that what you're telling me?

- [Defense Attorney] I have no idea whether the child--

- I don't think a five year old

can make that kind of stuff up, counsel.

- [Defense Attorney] Judge, I'm not telling you

the five year old even made those allegation.

- No, the mother could make those allegations.

- [Defense Attorney] Exactly, I don't know who exactly

has told the police this. - We don't know exactly who

told the police that.

Does the state know exactly who testified

at the hearing yesterday, was it the child itself,

or was it the--

- It says, vic, V-I-C R-E-Q P-R-O-S.

I'm assuming that's the victim requests prosecution.

- [Judge Heinrich] Motion to set bond denied today

without prejudice, I will revisit this issue next week.

Put it back on the docket for Monday.

I want to deal with it after I know more about

what the little five year old said,

what the state's position is as to whether or not

the child's being coerced.

I want to know more about that.

- [Defense Attorney] Judge I would just bring

to the court's attention that this bond motion

was filed in the normal course.

It was sent to Ms. Stanley directly

who is the intake SAO on these types of cases.

If there are no witnesses here today, judge,

then certainly the presumption can't be great

that this is true.

The state had notice, they could have brought

witnesses here today if they chose to,

and I'd ask the court to set a bond as--

- Denied, without prejudice.

I want to know about what the kid said yesterday

at the hearing, set it for Monday at 10 o'clock

or as soon thereafter as we can get to it.

This man's facing the rest of his life in prison

with no rights of parole and if he did that

to his five year old kid he's not going anywhere.

And if he didn't do it then we need

to make that determination real quick.

- [Prosecutor] Yes sir.

- Thank you, judge. - You're welcome.

Mr. Chapman, it's a battery case

where the public defender attorney

has asked that you be released or lowered,

the lowering of your bonds.

When you came into first presentment court

I set bond at $25,000, that's usually an indication

of a prior record of a similar act, or on probation.

The probation office has now handed me a probation warrant

that was recently issued by Judge Vogel.

You were placed on probation October of 1997

for two counts of battery, you're facing two years

in the county jail as to those probations.

You were given a second chance on those probations

March the 12th of 1998.

After you were given that second chance in March

you received this additional charge in May.

Judge Vogel said no bond on your probation warrant

and I guess the question needs to be determined

whether or not the victim is the same victim

that he's on probation for.

- [Probation Officer] Yes, your honor.

- It is the same victim?

- [Prosecutor] Leslie Ort, your honor.

- Leslie?

- Ort. - Ort?

- Yes sir. - O-R-T-S?

- [Public Defender] O-H-R-T.

- O-H-R-T, is she present here today?

- Yes, your honor. - Have her come forward.

Approach that microphone please, miss.

If you'd turn it around towards you please.

Thank you for being here, listen to me a moment please.

I have no idea why you're here,

but you do need to know what your rights are

before you make any statements on the record.

You have the right to remain silent.

Everything thing you do and say here today

could be used against you if you are ever prosecuted

for any of the events that have taken place

between you and Mr. Chapman.

If for some reason you come here today and tell a story

differently than what you have previously

told law enforcement or if you admit here today

on the record you have lied or you exaggerated these facts

you will go to jail here today

on the spot for false crime report.

You will go to jail here today for contempt of court.

And you could be charged with a felony case of perjury

where you could be facing five years in prison.

Now I have no reason to believe you're gonna do

any of these things, miss, but you do need to know

the consequences of such actions.

And due to the nature of the fact

that there are severe consequences of these actions

you have certain rights.

You do not have to talk to me here today.

I've only asked you to voluntarily come up here,

this is not a trial.

We're still in the very preliminary stages of determining

his guilt or innocence in all these problems.

So you do not have to speak to me here today.

But you do need to know the consequences

of speaking here on the record.

You have the right to seek the advice of an attorney first.

If you have any concerns about what you have said

previously or what you're about to say here today

it might be advisable that you go seek

the advice of an attorney first

before you're asked any questions.

Do you desire to speak to me here today?

- Yes sir.

- Okay, raise your right hand.

You swear to tell me the truth, the whole truth

and nothing but the truth so help you God?

- I do. - Your name please.

- Leslie Ohrt.

- Spell your last name.

- O-H-R-T.

- All right, Ms. Ohrt, to make this a little easier,

let me kind of direct where I'm heading

because frequently victims in these types of situations,

where a man who's on probation for two batteries on you,

plus gets another change,

frequently they come down here today

because they want me to bury this man under the jail.

And on the other side of the coin, the other extreme is

they want me to let him out.

So if I kind of know which side of that coin you're on

we'll be able to help me direct the questions.

Is this a bury him under the jail situation

or you want him out?

- I would like him released.

- Not happening.

All right, so let's just get that real straight right now.

Why in God's name would you want someone out of jail

who you have on probation for two prior acts

of violence against you and on this case

he allegedly dropped you on your head.

- Because, under normal circumstances

he's a very gentle man.

- [Judge Heinrich] How can you suggest it's not normal?

- When he drinks it's like a split personality.

- [Judge Heinrich] What are you gonna do to ensure

that that's not gonna happen.

He's been on probation since October.

- He hadn't drank for six months,

since the last time he saw you here.

- [Judge Heinrich] And so what makes you think

there's any difference?

- Because I believe he's given 99% of himself

to his probation.

- [Prosecutor] Judge, he's got another prior on her as well.

- I know he has other priors, I mean,

he's been in front of me so many times I remember him.

I don't remember her independently, but I do remember him,

and that's why I'm telling her right now

I ain't letting him out of jail any time soon.

And I can tell you Judge Vogel isn't

'cause there's the warrant that she just signed yesterday

or the day before setting no bond.

And she wants to probably deal with him

on his probation violation.

So the only question what's gonna happen to Gregory

is how much jail time he's gonna get

He's looking at three years.

Were you injured?

- [Ms. Ohrt] No.

- [Judge Heinrich] What led up to the events

that caused you to argue to such a fashion that he allegedly

picked you up and dropped you on your head.

- I was drinking and he tried to get me to leave.

- [Judge Heinrich] Leave where?

- A bar.

And I resisted him and

I slipped from his grasp.

- [Judge Heinrich] So are you changing your story now?

- I believe it was at least 50% my fault that I fell.

- [Judge Heinrich] And why would you say that?

- Because I was drinking.

- [Judge Heinrich] How many witnesses observed all this?

- I really don't know.

- [Judge Heinrich] Well obviously if you're in

a public location there was more than just you,

wasn't there? - We were outside.

- [Judge Heinrich] You were outside?

- Yes sir.

- [Judge Heinrich] Mr. State Attorney do you have

the police report where she reported to the state

or to the law enforcement officers

what took place that night?

- No sir, just the CRA and the information.

- And that CRA says that he picked her up

and dropped her on her head.

It doesn't say anything about you falling.

It doesn't say anything about you doing anything

to cause him to drop you on your head.

- [Prosecutor] Your honor, she also signed it.

That's her signature there I believe.

- Miss, you've got to be real careful.

Because you're real close to finding yourself

going to jail today.

I'm not gonna do it because we don't have

the full police report and the officers here

but if you're trying to back off of this story

thinking you're gonna help this man

you're gonna find yourself in trouble.

Now, if he didn't do what he's accused of then maybe

maybe he deserves to be released and maybe you deserve

to go to jail, but the point is, it's not happening today.

Do you understand me?

- Yes sir.

- All right, you are excused.

- Mr. Chapman, if you want to plead guilty

to violation of your probation warrant

that is being served on you today, two cases,

plus the new case of allegedly dropping this lady

while you were tussling or arguing with her.

You'll be sentenced to 90 days

in the county jail, straight time.

Your probations will be over and you won't have to

report anymore, and then when you're done doing your 90 days

you and she can go about your lives as you choose fit.

If you choose to plead not guilty,

which is certainly your right,

these matters will go back in front of Judge Vogel.

She's holding you without bond and then these matters

out of Plant City will be all resolved

at one hearing some time and the future.

And the worst you could get is three years.

And I don't know what Judge Vogel will do.

I don't know what this lady's gonna say

at the time of the trial, but it certainly would probably

make a lot of difference as to what she actually says.

So I'm telling you what I'll do today based on what I heard

but there's no guarantee that that offer

is still on the table if you go back in front of Vogel.

It could go up, it could go down.

That's the risk you will take at the further hearings.

- [Mr. Chapman] No contest.

- I ain't accepting that.

No contest means you're not contesting it

you just want to do the 90 days and be done with it.

I want to know whether you did or did not do it.

If you did it, then plead guilty and take the 90 day,

if you didn't do it say you're not guilty

and set it for further hearings, because I'm not taking

any of this middle ground situation on this case today.

- [Mr. Chapman] Guilty.

- 90 days, you're off probation, that includes the 90 days

concurrent time with the new case.

Would you please add the probation file on the docket today.

- [Man] Could I have the number please.

- [Woman] 97--

- [Judge Heinrich] Miss, whatever purposes this serves you,

your testimony here today was helpful.

Obviously if he did what he was accused of he could have

and probably would have gotten a lot more

at further hearings, but based on the fact that you somewhat

owned up to your participation his sentence was lower.

Good luck to both of you when this matter's finished.

There'll be no probations on these cases.

You're excused.

Judy Marr.

It's the act of violence charge I referred to earlier,

it's aggravated battery, you're facing 15 years in prison.

You're not allowed to contact Charles Pickett.

Now didn't I hear his name somewhere earlier this morning?

- Yes sir. - He's there.

- Where is Mr. Pickett?

All right, deputy have the two of them go to the front,

stand directly in the middle of courtroom in the front row

on the front, all the way to the front part.

Stand side by side and don't say anything to each other,

don't look at each other.

No, other side, deputy, so they don't have to have

their butts in those peoples' faces.

There you go.

Now you two, give me a close up on them.

Madam Court Reporter, thank you.

Now you two have got yourselves in a world of trouble

and because of the problem you've gotten yourself into

you've caused me problems.

And the reason for it is real simple.

You have cross-complaints.

You have each accused the other person

of acts of violence on each other.

And because of the fact that I suspect the officers

wasn't sure exactly what took place

they arrested both of you.

And you're both in jail as a result of it.

Now you Ms. Marr are facing 15 years in prison.

You allegedly approached him from behind in her car

and struck him, knocking him to the ground.

You ran him over, basically.

Where's his paperwork, Madam Clerk?

Because of the fact that I've ordered you both

to have no contact with each other

and due to the fact that you're both in jail,

I've got to decide who's gonna get out, who's gonna stay,

who's gonna go back to the residence if you live together,

things of that nature.

Now he's charged with two counts, child abuse

and battery, where's the child abuse come in,

there's a second party involved here, Nicole Pickett,

who is about 13 years of age, or 14 would be my guess.

You're claiming that during the argument he pushed

his wife several times as he went to leave the house

he took the phone away from his daughter

and struck her over the head.

He then fled on foot.

So I'm not sure which one took place first,

the fight in the house with you and the daughter

and then the wife you over later, or she ran you over first

then you went in the house and fought with them.

Looks like she went after you.

Looks like you did the first act of violence

so she chased after you in the car, would be my guess.

State Attorney do either of these two people

have prior records?

- Yes sir, she is currently on probation

for it may be welfare fraud or some type

of situation like that.

- [Judge Heinrich] All right, pull up her fingerprint number

and tell me if we have anything pending on her,

her fingerprint number is 211429.

- And do you want me to go ahead now, or?

- [Judge Heinrich] And while she's looking that up,

what about Mr. Pickett?

- Your honor, he has got a prior record.

He just pled guilty to a lesser offense

of attempted murder on her and battery on her

and did 60 days in the county jail May the 18th.

He's got one, two three four five

other battery convictions against her

where she's the victim.

He's got delivery of cocaine, burglary of a dwelling,

trespassing, burglary of a structure convictions

that do not involve her.

- [Judge Heinrich] So her case of probation if anything's

a welfare fraud, you have no acts of violence--

- No acts of violence.

- [Judge Heinrich] Reported against him.

- No sir.

But him-- - Sounds like she probably

should have run him over.

Continue him without bond,

release her on her own recognizance.

You can go back to the house, miss.

You're gonna be stuck for a long time I hope, Mr. Pickett.

You're excused.

This is the act of violence case I referred to earlier.

You are charged with domestic violence aggravated battery

against Katie

Figeley.

F-I-G-E-L-E-Y.

You allegedly struck her on the right side

with an open hand during a verbal argument.

You've resided with her as a family for the last two years.

She is five months, five weeks pregnant.

So this is not a case where you used a weapon

or caused serious bodily injury,

but due to the fact that the victim is pregnant,

in the state of Florida any time you strike

a pregnant female the case automatically is a felony case

facing 15 years in prison, State Attorney.

- [Prosecutor] Nothing your honor.

- No priors, no probations.

He has a job, he has an address.

Okay, release him on his own recognizance

with the conditions that I previously stated,

your relationship with that lady is over.

You move out and you stay away until further hearings.

James Wilhelm.

Aggravated assault domestic violence case

I referred to earlier.

You allegedly threatened Katherine Wilhelm with a knife.

You allegedly took the knife

and threw it at the complainant.

You apparently did this directly in front

of the law enforcement officer who was there.

The officer witnessed the event, they claim,

observed you throw the knife at her.

You've been married to her for 23 years.

State Attorney.

- [Prosecutor] Your honor, I couldn't find anything

that matched, there's one that came close

but I can't tell the court it's him.

- [Judge Heinrich] So you can't tell if he has

a prior record. - No sir.

- The court has concerns of safety for the welfare

of the victim, anybody who would take and throw a knife

at his wife of 23 years right in front of the officer

has significant problems.

Continue him with no bond.

Put him back on the docket next week.

I will then determine next week whether or not

he will have a bond or not.

Mr. State Attorney.

- [Prosecutor] Yes sir.

- Counsel for the defense, I'd like to hear from the victim

if she chooses to be present.

I'd like to know more about the situation,

the relationship and also was the knife like flipped at her,

at her feet, or was it thrown like

a blade with intention to stick into the wall

or stick into her, things of that nature.

It'd make a substantial difference

as to what his intentions were at the time of the event.

Did they ever get Frank, Robert Frank Bass

out of Morgan Street?

Deputy?

- [Deputy] Yes your honor, he's here.

- All right, stand up Mr. Bass.

Come forward and stand in the middle of the courtroom

please sir.

- [Defense Counsel] The girlfriend's present judge,

but she's not the victim.

- Well I only want to hear from the victim.

I'm not hearing from any girlfriend who's not a victim.

You've been charged with burglary and battery,

you're facing life in prison.

Bond has been set at $50,000.

You've been ordered to stay away from the victim.

You have an attorney who's filed a motion

to reduce the bond or release you ROR.

You're facing life in prison.

Anytime you break into somebody's residence,

and commit an act of violence, that's a life felony.

The motion for ROR is denied.

There's no way in the world I'm releasing somebody on an ROR

if he's facing life in prison unless the victim

comes forward and testifies on the record.

Counsel for the defense, your motion for ROR is denied.

I will take up the motion to reduce bond,

I will consider that.

Counsel for the defense, your position.

- Thank you, your honor,

Linda Swan on behalf of the defendant.

Judge, he has lived in Hillsborough County his entire life.

He works for Tampa Wholesale Furniture.

He has been employed there for over a year.

I called there and did verify that fact.

He also has an apartment.

He is the sole support of himself.

He has had his apartment, he's been at the same location

for over a year.

He's never had a warrant for failure to appear.

He is not a flight risk, all of his ties

are to this community, his entire family is here.

His release, judge, with the condition that he have

no contact with the victim,

would not present a threat to the community.

This incident occurred on May 11th.

He was not at the scene when police arrived.

However, he was not picked up until May 26th.

I just present that to the court because in my opinion

if he were such a threat to the community

law enforcement would have gone to his place of employment

where he was appearing every day between that time

and picked him up, however that was not done.

He wasn't picked up for almost a week and a half later.

Judge, we're asking the court to reduce his bond

so he has the opportunity to bond out.

His job is waiting, however, his boss is a business man

and has to hire somebody else

if Mr. Bass cannot get released.

He could afford a $10,000 bond, judge,

and we're asking the court at this time

to reduce it to $10,000.

Give him the opportunity to get out and go to work

like he's been doing every day.

- Counsel for the state, this is a rather high bond

than my norm, usually I would set a bond

at $25,000 in this event.

What is the reason why I would have set a $50,000 bond?

- I convicted Mr. Bass of murder in 1989.

I'm sure he's on probation for murder at this time.

To follow his, or he's on CRD,

'cause I know he got 12 and a half years for

I think it was, it came out manslaughter with a firearm.

I remember the trial very well,

he's a very dangerous individual.

At the same time I got him for aggravated assault

and aggravated battery with a deadly weapon as well,

which he was also sentenced to prison for.

This guy is a risk to the community, this guy is a danger.

$10,000 is an awfully low bond for him to have.

- I don't think-- - How come he's got

an alias, counsel, of Richard Hall, also known as

Robert Frank Bass, do you know why he uses

two different names?

- Robert Frank Bass is his correct name, I don't know any--

- [Prosecutor] His real name is Robert Bass,

I know that.

It was a nearly a four day trial.

- [Judge Heinrich] You have a previous conviction what year?

- [Prosecutor] Murder, 1989, I remember that trial

very well.

- I don't think he's on CRD, judge.

- Motion denied.

- [Ms. Swan] Thank you, judge.

- Catherine Valdez.

- [Deputy] Your honor.

- [Mr. Bass] Your honor.

- [Deputy] He would like to make a statement.

- [Judge Heinrich] Who?

- [Mr. Bass] Mr. Bass.

- [Judge Heinrich] Absolutely, 100% no way in this world.

- [Mr. Bass] Also--

- [Judge Heinrich] I said no, Mr. Bass.

Absolutely, 100% no way in this world.

(traffic rumbling)

- [Clerk] You need to answer out loud

if the judge calls your name.

- [Judge Ober] Johnny Reyes.

- [Mr. Reyes] Here.

- [Judge Ober] And Brian Risinger.

- [Mr. Risinger] Here.

- [Judge Ober] Richard Moore.

Richard Moore is not here.

Philip Morel.

Here.

Linda Nealy.

- [Ms. Nealy] Here.

- [Judge Ober] Jeffrey Marcott.

- [Mr. Marcott] Here.

- [Judge Ober] And Edward Markovich.

Edward Markovich?

Not here.

Okay, William Hall?

John Hobb.

John Hobb, not here.

Laura Kelley?

Laura Kelley.

Eric Walker.

- Here. - And Calvin Wells.

Can all witnesses come forward,

which is I guess is Mark and Carrie DeLorey.

- Yeah, we'd like to try Carrie DeLorey first.

- [Judge Ober] All right, we'll try Carrie DeLorey first.

So all witnesses in Carrie DeLorey's trial

raise your right hand.

If you're gonna be testifying in your own trial

you need to raise your right hand.

You need to raise your right hand.

Do you both solemnly swear the testimony

you're about to give the court will be the truth?

- Yes ma'am. - Yes.

- [Judge Ober] It's hopefully yes.

The state gets to go first, Ms. DeLorey.

So call your first witness,

which I'm assuming is Mark DeLorey.

- [Prosecutor] Yes, please state your name

and spell your last name for the record.

- Mark DeLorey.

- [Prosecutor] Can you spell your last name?

- D-E capital L-O-R-E-Y.

- [Prosecutor] Mr. DeLorey do you know a Carrie DeLorey?

- Yes ma'am. - And how do you know her?

- She's my wife.

- [Prosecutor] And how long have you had

this relationship for?

- We've been together about two and a half years now.

- [Prosecutor] On February 26th, 1998

did you get into an argument with Ms. Carrie DeLorey.

- Yes ma'am.

- [Prosecutor] Okay, could you tell the court what happened.

- Well I showed up to fix her car.

And when I got there she had said

she'd called my house but she didn't.

So she started, like, an argument with me

'cause her boyfriend was on his way

and she didn't want to tell me that part of it.

And I told I was gonna fix the car,

that's what I came there for, I drove all the way

across town just to fix the car.

And it got into a little bit more of like an argument

of her trying to get me to leave because her boyfriend

was on his way and she didn't want to tell me that

and I kept asking her if that was true.

And then I had asked her if he was in the house.

She had said no.

Then my daughter had woken up and she told me

that my daughter was asleep

when I could hear my daughter screaming.

And I was like, well I'm gonna go see her

and then I'll leave.

And she started flipping out on me more and more,

yelling at me to leave.

So I had started to walk--

- [Prosecutor] You said flipping, I'm sorry,

you said "flipping out," what do you mean by flipping out?

- Just yelling, yelling at me back and forth to.

- [Prosecutor] Okay, so you were arguing at that time,

both of you, okay.

- Yeah, and it was like an argument.

So then I had walked towards the door and she had ran

and like, as I was half in the door

she had shut the door on me.

Like half on me as I was in the door,

and my daughter was still yelling.

So I walked towards the back rooms,

and I pushed the bedroom door open,

and then I went into my daughter's room.

You know, I was just checking to see

if she was telling me the truth or not.

So I opened the door and then I went into

the daughter's room, I picked my daughter up out of the crib

and that's when I was pushed from behind.

And then-- - And who pushed you?

- She did.

- Who's she? - My wife, Carrie.

- [Judge Ober] And is your wife Carrie DeLorey, you stated?

- Yes. - Okay.

Is she in the courtroom today?

- Yes ma'am.

- [Prosecutor] Okay, and the person who pushed you,

can you describe the article of clothing?

- [Mr. DeLorey] She's wearing a flannel dress.

- [Prosecutor] May the record reflect that the witness

has identified the defendant.

Okay, and once she pushed you, what did you do?

- I had tried to walk out, out of the room with my daughter

and she kept trying to restrain me

'cause she thought I was gonna take off with my daughter.

But I wasn't going no where I just wanted to calm her down.

And resolve this whole problem that was going on.

So I'd walked out there and then I'd sat,

she'd walked to the door and shut the door to like,

not let me out, so I told her, just let me sit down

on the couch and calm my daughter down.

'Cause I wasn't going anywhere anyway.

I mean, I love my wife to death,

and hope to spend the rest of my life with her if I could.

But it's just, she just started

flipping out on me about that.

- [Prosecutor] Okay, can I ask you one question,

you stated that you had your daughter,

how'd you have your daughter?

- In my arms. - In your arms?

- Holding her, trying to calm her down.

- [Prosecutor] And at the time that she pushed you,

where was your daughter?

- In my arms, the same way.

- [Prosecutor] Okay, and did you want to be pushed?

- No.

- [Prosecutor] Did you give her permission to push you?

- No I didn't. - Okay.

Did this incident occur in Hillsborough County?

- Yeah.

- And you went back and sat down?

- [Mr. DeLorey] Yeah, I sat down onto the couch,

well the loveseat, and she was on the couch across from me.

- Okay, and did she ask you to leave?

- Well she wasn't asking me to leave

'cause I had my daughter in my arms at the time.

But she was telling me she wanted me

to get out of the house, she wanted me to go.

And my daughter was crying and there was no way

I was gonna leave her in that state.

So I said just let me calm my daughter down

and then I said then I'll leave.

And then she started yelling more,

and then she had jumped on top of me

trying to take my daughter.

Well, she didn't jump on top of me like got on top

and tried to get my daughter from me.

And I told her leave me alone and I pushed her back

onto the other couch 'cause it was like not even

five feet away from each other.

I pushed her back onto the other couch and then I'd got up

and I'm starting to walk out the door.

And that's when there was a neighbor out there

and I'd yelled to him, and she was yelling bloody murder

at the same time, she was just screaming

at the top of her lungs, saying I was trying to leave

and that I was hitting her.

And I'd never raised a hand to her.

So I told the guy to call the cops.

- [Prosecutor] Okay, did you call the police?

- The man across the street did.

- [Prosecutor] Okay, did you sustain any injuries?

- No, not at the time.

- [Prosecutor] And when you went over to the home

you had stated that, what was your reason for going over?

- To fix her car, well, our car.

- [Prosecutor] Did she ask you to come over and fix the car?

- It was an agreement we had made the previous day.

- [Prosecutor] Okay, so it was a scheduled

for you to come over?

- I had called and told her I was gonna be over.

I actually I had called her two days before

and told her I was on my way over to fix the car.

That I'd be able to do it on that day,

'cause I had that day off.

And then the next night she called me and we verified it.

And I told her I would be there tomorrow to fix the car.

And I showed up at nine o'clock in the morning,

no 10 o'clock in the morning.

And she, that's when she had come outside and met me

at the door when I pulled up and it started all out.

- [Prosecutor] No further questions.

- [Judge Ober] Do you have any questions for Mr. DeLorey,

you're entitled to ask him a question right now.

- No.

- [Judge Ober] No, all right, any other witnesses

for the state?

- No your honor. - The state rests.

All right ma'am it's your turn.

You have the right to remain silent though

since you're now the accused in this trial.

You don't have to say anything or do anything

but if want to you can.

But you just need to know she gets to ask you questions

if you want to testify.

- Yes I do, I want to tell my side.

He came over to my house, and I asked him to leave.

And he wouldn't leave, so then we started yelling,

my daughter did wake up and she was crying in the bedroom

and you could hear her outside.

So I went in to shut the door, he barged the door open,

thought I had a guy in the house,

running through all the rooms looking for a guy.

He didn't find a guy.

He went and got my daughter and when he did go in

my daughter's room to get her I got scared

he was gonna take off with her

'cause he did that before to me.

And I thought he was gonna take her so I started

screaming and yelling and I didn't want him to leave,

I was blocking him from the hallway

to leave out the front door.

And so he went out and I went outside

and I started screaming for the neighbors to call the cops,

he's trying to steal my daughter.

And the cops came and he said that I hit him.

And actually he choked me, when I was blocking him

from the hallway, he did hit me in the lip,

and that was on the police record.

So, and he did choke me on the couch.

But I thought he was gonna steal my daughter because before

I had a problem, he came over and he took my daughter.

He did not live there.

We've been separated for nine months.

When he came to my house and I asked him to leave

and he barged in the house.

- [Judge Ober] Well with regard to the incident

I'll sustain, but what did you say after that?

- We've been separated for nine months,

and he came to my house and I asked him to leave.

And he kicked the door open after I was trying to shut it.

He was trying to get in, I didn't want him to get in.

'Cause I was scared he was gonna take my daughter.

So when he did head out the door with her

I threw a fit and started screaming.

- [Judge Ober] 'Kay, anything else?

You have questions?

- He came over to your house that morning, is that correct?

- [Ms. DeLorey] Yes.

- And do you have a car together?

- [Ms. DeLorey] Um.

- Well, he came over to fix the car.

- [Ms. DeLorey] It's my car, yes.

- And you met him outside, so you were expecting him,

is that fair to say?

- [Ms. DeLorey] No, I saw him pull up and I came outside

'cause I didn't want him to stay, I wanted him to leave.

- Okay.

At which time, what did, you said that you...

Did you ask him inside?

- [Ms. DeLorey] No, I didn't, I shut the door

and he barged the door open.

- Okay, was the child inside the house?

- Yes. - Okay.

And you're stating that you had never asked him,

you hadn't discussed the fact

that he was supposed to come over and fix the car.

- [Ms. DeLorey] Yes and then that, the night before

he came over like he said, we'd talked

and I told him not to come over.

And he did anyways because he's kind of obsessed with me.

He thought I was gonna have a guy there

so he showed up first thing in the morning.

- Okay, and did you try and call the police.

- [Ms. DeLorey] I didn't have a phone,

I screamed for the neighbors to call the police

and they did.

- [Prosecutor] And you're claiming that he then

just barged in and you didn't allow him to come in?

- Right.

- [Prosecutor] Okay, and is it your testimony that

he went and grabbed the child?

- Yes. - Okay.

And when he grabbed the child what did you proceed to do?

Did you call the police?

- No, I didn't have a phone, so I was screaming,

blocking him, I was scared he was gonna leave

with my daughter.

So I stood in the hallway and screaming don't take her.

And then I started screaming and we went outside,

I yelled for the neighbors to call the cops,

I was screaming at the top of my lungs,

call the cops, he's trying to take my daughter.

- [Prosecutor] So you were holding him back?

- Right, I was blocking him.

- [Prosecutor] And at any time did you touch or strike him?

- No, I just like was stopping him from getting around me,

blocking him in the hallway.

- [Prosecutor] So you were holding him back?

- I was blocking the entrance so that he couldn't get out.

I didn't want him to leave with my, I wanted him to leave

but I didn't want him to leave with my daughter.

He's taken her two other times.

- [Prosecutor] Did you speak to an officer that day?

- [Ms. DeLorey] Yes.

- [Prosecutor] And at the time were you under arrest?

When you spoke to the officers?

- [Ms. DeLorey] I'm not sure if I was, I don't really know

if I was under arrest or what, they just told me--

- [Prosecutor] Did they tell you that you were

gonna be arrested?

- Yes, but they said-- - When they came to speak

to you?

- Mm-hmm, eventually they told me that.

They were there for a while, talking,

trying to figure out the whole story.

So I don't know if I was under arrest or not at the time.

- [Prosecutor] Okay, you weren't in custody,

you weren't held down, were you?

- No. - Blocked in?

- No.

- [Prosecutor] And you stated that you spoke to an officer,

is that correct?

- Yes.

- [Prosecutor] And is it true that you told the officer,

or that you did not tell the officer

that you had been hit until the officer arrested you?

- Yes.

- [Prosecutor] Okay.

So you told them after the fact,

after you knew you were going to be arrested.

- Yes.

- [Prosecutor] And why did you wait?

- Because, well I told them there was no violence

'cause I didn't want neither one of us to go to jail.

And I didn't want to go to jail, so.

I didn't want him to go to jail--

- [Prosecutor] So you were afraid of going to jail

even though you hadn't done anything.

- Right, 'cause well he was telling them I did.

He always told me he'd get me back 'cause a long time ago

he was arrested for aggravated battery.

- [Prosecutor] I'm just asking you whether you,

I mean, if you told the officers,

or you didn't tell the officers that you'd been battered.

- Right, I didn't tell them.

- Okay. - Until I was arrested.

- [Prosecutor] No further questions.

- [Judge Ober] Ma'am, do you agree that he called you

to confirm that he was gonna be fixing the car on that day?

- [Ms. DeLorey] Like he said, he called me two days before

and I called him the night before he came over

to tell him not to come over to fix it,

not to worry about it.

- [Judge Ober] Why didn't you want him

to worry about it anymore?

- Because, 'cause I guess like he said

he's still in love with me

and he's obsessed and he freaks out.

Like the last time he came over, he broke my bedroom window.

He's just like really obsessed with me.

I just don't want, I just want him to stay away.

- [Judge Ober] Well did the car still need fixing?

- Yeah.

I just wanted him to stay away.

- [Judge Ober] Did you have somebody else

coming over to the house that day?

- A friend, yeah.

I didn't know when, but.

- [Judge Ober] So that's why you didn't really

want him to stay.

- No I really don't want him there 'cause he gets

crazy like that.

- [Judge Ober] When is this choking and biting

you're talking about?

- He choked me.

- [Judge Ober] When?

- When I wouldn't let him leave.

- [Judge Ober] How?

- Put his hand on my throat.

And pushed me on the couch and choked me,

walked out the door.

So I took his truck keys, I ran down the road

with his truck keys so he wouldn't leave,

'cause I was so scared he was gonna take my daughter.

That's why I threw the fit.

- [Judge Ober] What about the biting you just said.

When was that?

- He didn't bite me, he pushed me in my lip.

My lip, he pushed me-- - Pushed you how?

- Like, pushed me, like move out of my way, pushed me.

'Cause like I said I was trying to block him in.

I didn't want him to leave.

- [Prosecutor] I'm showing you

what is your statement, do you recognize this?

- Yeah?

- [Prosecutor] Is that your signature?

- Yes.

- [Prosecutor] Did you write this?

- Yes. - What is this?

- The statement I wrote.

- [Prosecutor] Okay, in there anywhere do you see

where he choked you, did you write that?

Or that he bit you, is that in any?

- [Ms. DeLorey] I never said he, that's what I said,

never said he bit me, he pushed me out of the way,

hit me in the lip, and yes he did choke me.

- [Prosecutor] Choke you, but is it in there?

- [Ms. DeLorey] No, it's not in there, but he did choke me.

- [Prosecutor] And you're claiming that he,

he in that past has tried to, I guess, attack you.

- [Ms. DeLorey] Yes, I have the papers right here.

- [Prosecutor] Okay, and have you ever showed up

to those court dates.

- [Ms. DeLorey] No I didn't 'cause the first time,

he came over, that's when he took my daughter and he said,

and he hadn't told my, he'd had my daughter, so--

- [Prosecutor] So you haven't showed up

to those court dates? - No.

- [Prosecutor] No further questions, your honor.

- I don't believe that you're being honest with me,

Ms. DeLorey, I'm gonna find you guilty of battery.

So.

Are you, what's, does she have any record?

- No domestic violence, your honor.

- [Judge Ober] You asking for the first time minimums?

- First time minimums.

- [Judge Ober] All right, on your case Ms. DeLorey

I'm gonna withhold adjudication of guilt,

place you on one year probation.

Condition of probation is that you do

the domestic violence evaluation

and the counseling they recommend.

Pay the minimum court costs,

$10 to the Court Improvement Fund.

What's going on with you two?

- [Ms. DeLorey] We're, what's going on with us?

- Yes. - We're separated.

And he got a restraining order against me

and we just talked.

We're friends when we talk for our daughter and stuff.

But we're not together.

- I've said it before, I don't understand

how you can live like this.

And I don't understand how you can raise a child

in this kind of atmosphere, how old is this child?

- [Ms. DeLorey] 19 months.

- Think this child has a chance

growing up in this environment?

No way.

What kind of contact is the state asking for?

- [Prosecutor] No contact, your honor.

- I think that's the best thing.

It's no contact.

You're gonna have to arrange for somebody else

to do visitation with the child.

Somebody else is gonna have to help out

with exchanging the child or you can do

exchange of the child at a police substation.

Other than that it's gonna be no contact.

You two can't be together regardless of how you feel

about each other.

It's for the safety of both of you and your child.

Okay, that's it.

The state want to try Mr. DeLorey's case?

- [Prosecutor] Your honor, we're gonna nolle pros.

985694.

- [Judge Ober] All right, your case has been dismissed, sir.

Do not have any contact with Ms. DeLorey, this is it, okay.

For the sake of your child you can't be with this person.

You better abide by my order too because you can be found

in contempt of court if you don't.

And she can go to jail, so that's it, okay?

All right, you're free to go.

You need to sign up for the probation right over here, ma'am

and you have 30 days to appeal my judgment and sentence.

Henry Emanuel.

Henry Emanuel.

Raise your right hand, each of you solemnly swear

the testimony that you're about to give

the court will be the truth?

- I do. - Yes, yes?

- Yes.

- [Judge Ober] Call your first witness.

- [Prosecutor] The state will call Nancy Emanuel.

Please state your name and spell your last name

for the record.

- Nancy Emanuel, E-M-A-N-U-E-L.

- [Prosecutor] On March 13th, 1998 did you come into contact

with a Henry Emanuel?

- Yes. - Okay.

Who is Mr. Henry Emanuel?

- [Ms. Emanuel] He is my husband.

- [Prosecutor] And how long have you been married for?

- 17 years.

- [Prosecutor] 17 years, okay.

On the date in question,

did you have an argument with Mr. Emanuel?

- Yes.

- [Prosecutor] Okay, what happened?

- I was, um

trying to prevent him from leaving our home.

He had stated he was going to go out

and do some additional drinking

and I did not want him to leave.

And we got into a rather heated discussion late at night.

- [Prosecutor] Why did you not want him to leave.

- I did not want him to drive under the influence.

I knew that he had taken an anti-anxiety agent

and he had become rather loud in our home

so I knew that he had been drinking

and I certainly did not want him to wake up our child

who was in bed sleeping.

- [Prosecutor] So are you stating that he,

was he intoxicated?

- I don't know that for a fact,

I know that he had been drinking

but he had an antianxiety agent aboard

and that frightened me.

- [Prosecutor] Okay.

And while you were arguing, you stated that you attempted

to stop him from leaving, what happened?

- He said he was going to go out, period,

and there was nothing I could do to stop him so

I thought to myself, well I'm not quite sure

what I'm gonna do here, so I was gonna go out to the garage

and as I was going out to the garage

he was turning to go to our bedroom,

and he was gonna change his clothes is what he said,

and I said, you can't leave.

And I went out to the garage and I was gonna call the police

'cause in the back of my mind I thought about

putting him in a drunk tank for the night.

I've seen enough of that on television and that was my plan.

- [Prosecutor] Okay.

Did you hold him back?

- No.

- [Prosecutor] Okay, you were just telling him

to not go?

- Right, no I said, I don't want you to go, you can't go.

And I was going out to the garage and he was turning

to go into the bedroom to change his clothes.

- [Prosecutor] Okay, and at that time, what happened?

- As I recall it he had taken off his belt and he said,

I am going, and he flung it into the wall,

and a little piece of the belt clipped me

before I went out to the garage.

Because there's a wall there, and here's the garage door,

and he turned to go to the bedroom.

And I thought, you're not leaving,

and I was by that time really upset.

I went out to the garage, used the phone, and dialed 911.

- [Prosecutor] And when he pulled off his belt and threw it,

you said he threw it next to the wall, which wall was this?

- The wall on the door going out to the garage, right there.

- [Prosecutor] Was it in your direction?

- Well he had turned this way,

and he flung it into the wall.

- [Prosecutor] Did he see you walking to the garage?

- I assumed he knew I was going that way

because that was the door.

I don't think he, he was not looking at me.

- [Prosecutor] And did the belt in fact hit you?

- A little piece of it did clip me, yes.

- [Prosecutor] Did it hit you?

You've stated you called the police?

- Yes. - And did the police arrive?

- Yes.

And I asked them to please take him and put him

in a holding tank for the night so he could calm down and...

- [Prosecutor] Were you afraid of him?

- No.

I wasn't afraid of him, I was afraid

he was gonna leave and really drink.

- [Prosecutor] Were you nervous?

- Nervous about him leaving?

I was upset and I was agitated because he was loud

and I was getting louder and I had a sleeping child

who has never seen her dad drinking, ever.

I have another son who was gone for the night.

- [Prosecutor] Did all this occur in Hillsborough County?

- Yes.

- [Prosecutor] Okay, and the person that swung the belt

is he in the courtroom today?

- Yes. - Could you point to him,

describe an article of clothing.

- [Ms. Emanuel] The yellow shirt and brown pants.

- [Prosecutor] May the record reflect that the witness

has identified the defendant.

Did you at any time give him permission

to swing the belt your way?

- No, I didn't even know it was happening.

- [Prosecutor] Were you horsing around with him?

- No we were arguing.

I said, you cannot leave, he said he was leaving,

it was an argument.

- Was he angry? - There's no doubt about

the fact we had an argument.

- [Prosecutor] Was he angry at you?

- Yes, he was angry, I was angry.

- [Prosecutor] Was he loud?

- Mm-hmm. - Was he loud?

No further questions.

- [Judge Ober] All right sir, what questions do you have

for Ms. Emanuel?

- I have none, your honor, no questions.

- [Judge Ober] All right, any other witnesses for the state?

- [Prosecutor] Your honor, I have one more question.

I am showing you your statement, do you recognize this?

- Mm-hmm.

- [Prosecutor] Is that your handwriting?

- Yes it is.

- [Prosecutor] Okay.

What does that say?

- It says he was angry and struck at me with his belt

and I was frightened and called 911.

- [Judge Ober] I'm sorry, I didn't hear that,

what'd you say?

- He was angry and struck at me with his belt

and I was frightened and called 911.

- [Prosecutor] Did you tell the officers

that he was just changing his clothes?

- Yes.

My goal was to remove a very loud, angry man from our house

to prevent him from driving and not wake our child up,

which is exactly what I told the officer.

- [Prosecutor] No further questions your honor.

The state would rest.

- [Judge Ober] All right sir, you have the right

to remain silent however if you wish to testify

this prosecutor gets to ask you questions.

What did you want to do?

- I'd like to make a statement, please.

- [Judge Ober] All right.

- In three days from now, my wife and I

will celebrate our 17th anniversary.

In those 17 years I have never laid a hand on her

and I don't intend to start.

What she's saying is true as far, I agree with everything.

I was drinking on the night in question

which is something that I don't do.

And I was also drinking on top of two different types

of medications, antidepressants and antianxiety drugs.

It's been a difficult year for our family,

stress related and financial related and

I did not control it that night, I'll admit that.

I was loud, I was angry,

I had no intentions of hitting my wife.

I did, I jerked my belt off in anger

and I threw it at the wall, not at her.

And it did clip her from what she says,

I didn't know that at the time.

Just recently, three weeks ago I took a course

in domestic violence because it's mandatory for me.

I have to do that every two years to maintain my license.

I also counsel individuals involved in domestic violence

so I do know the repercussions

and the harm it can do on a family.

Again, I would never hurt my wife, I love her very much,

and I love my family very much.

I think that's about everything I got to say.

- [Judge Ober] Do you have questions?

- [Prosecutor] And you did take off your belt?

- Yes ma'am. - And you threw it

in her direction.

- Not at her, no ma'am, she had turned at the time.

I believe she stated that I threw it into the wall,

not to strike her and she had turned into that.

I have never hit, touched my wife.

- [Prosecutor] And you were highly intoxicated

isn't that correct? - No ma'am.

I was not highly intoxicated.

I was, I admitted that I was drinking,

I should not have been.

And plus with the medications that I was taking

that was prescribed to me, I should not have been.

And I don't drink, and

it was just a bad situation and there was an argument

that we got into, but I had no intentions.

I thank her for calling the police.

I really do because if I had've went out

someone else could have been hurt other than me.

- [Prosecutor] No further questions, your honor.

- May I, may I want to say?

- [Judge Ober] What do you want to say?

- I want to say that I am not scared of my husband,

nor have I ever been scared of my husband.

That night floored me

that he drank on top of meds, it scared me to death.

As he, I am also a professional and

it blew me away, so I called the police.

I thought to put him into a drunk tank.

To just keep him safe for the night.

- [Judge Ober] You didn't tell the police officer

that he struck you with the belt?

- They asked me and I said yes he had a belt and he threw it

at the wall 'cause there was a mark on the wall.

And they said well did it hit you?

I said yes it clipped me

but I was going out in the garage and

it didn't even enter my mind that this

was gonna be a domestic violence thing.

The next day I call, I think okay,

how do I deal with this?

And I find out there was a domestic violence charge.

- I have one more statement. - It's not my style.

- Yes? - We have since

seeked counseling and we are attending counseling,

and I've taken a course in domestic violence,

we're doing everything, and things have been

great since then, and this'll never happen again.

- [Judge Ober] Well I hope not.

I'm gonna have some, yes?

- [Prosecutor] If you recall from her statement

she did state that he was angry

and struck at me with his belt.

- [Judge Ober] Yeah, I have some reasonable doubt.

I'm gonna find him not guilty.

I suggest that this doesn't happen again and I suggest

you continue with counseling

even though you feel things are okay now.

You should always seek continued counseling, okay?

- Thank you, ma'am. - Good luck.

- Thank you. - Brian Risinger.

All witnesses raise your right hand that are gonna testify.

- [Prosecutor] My witness are coming now.

- [Judge Ober] Okay.

All right, each of you raise your right hands,

do you solemnly swear the testimony

you're about to give the court will be the truth?

- I do. - Yes, okay.

- The state like to call Ms. Martin, would you please

state your name, spell your last name?

- Linda Martin, M-A-R-T-I-N.

- [Prosecutor] And Ms. Martin, do you know a Vicky Slocum?

- In passing acquaintance.

- [Prosecutor] Okay, do you see Ms. Slocum in the courtroom?

- Yes I do. - And can you point to her

and describe what she's wearing today?

- [Ms. Martin] Right there, the flowered shirt.

- [Prosecutor] Record reflects, identified

the alleged victim, count one.

How is it that, you said you know her in passing,

how is it that you know her?

- I've seen 'em for about 10 years.

We have a boat, we go boating and see them on the river,

say hi, bye.

- [Prosecutor] On February 15th, 1998

did you have an occasion to see her?

- Yes I did.

- [Prosecutor] What was that in relation to?

- She called me and said that Brian had beat her up,

would I come and get her.

- [Prosecutor] And did you do that?

- Yes I did.

- [Prosecutor] Okay, did you eventually return to a location

to pick up some clothes with her?

- Yes I did.

- [Prosecutor] Whose house was that?

- I'm not sure if it's hers or his.

- [Prosecutor] Okay, is that a location

in Hillsborough County though.

- Yes it is.

- [Prosecutor] What happened when you got to that location?

- I walked to the door with her, I went in the house.

I never shut the door, I just kind of had my hand

on the door because I realized that he was there.

Which I didn't know he was there

'cause I've never been there before and--

- [Prosecutor] Let me stop you, when you say he

who are you referring to?

- Brian was there, he was asleep on the couch.

- [Prosecutor] Okay.

- And when we walked in the door she walked directly to him

and open-handedly smacked him in the head.

And he, and then woke up 'cause he was startled

and she started gathering some clothes

and then she came back and she smacked him again.

And the third time,

I started, when she walked to him again,

she reached and snatched something out of his pocket

and I saw him get up off the couch and I went out the door.

And she came out the door running,

they were chasing each other,

and those two started fighting, back and forth.

- [Prosecutor] Let me stop you for one second, when you say

somebody was chasing somebody, who was chasing whom?

- [Ms. Martin] Brian jumped up off the couch

and ran after Vicky, out the door.

- Did he eventually catch up to her?

- Yes. - What did he do when he

caught up to her?

- [Ms. Martin] Started punching her.

- And at the time that he grabbed her

and started punching her, what was she trying to do,

could you tell what she was trying to do?

- [Ms. Martin] She was fighting back with him.

- 'Kay.

When you say this, what did you do?

- I said to Brian, which I've never spoken to him before

until then, I said, she's a woman, you can't hit her.

You know she's gonna call the law

and you're gonna go to jail.

- [Prosecutor] What did he do?

- He looked at me, called me a worthless whore

and punched me in my face.

- [Prosecutor] Did you and Ms. Slocum

try to leave at that point?

- [Ms. Martin] When he punched me, I kicked at him

and turned around and ran to my car.

- [Prosecutor] Did you eventually get in your car?

- Yes I did. - What happened at the car?

- When I got in the car I seen my windshield was busted.

- [Prosecutor] Okay, when you say you seen

your windshield was busted, how did that happen,

did you see how that happened?

- I don't know which, they, one, one threw something

and then the other threw something and it was busted.

- Okay.

Was it your front windshield?

Do you know which of the two broke the windshield?

- [Ms. Martin] I don't know which one of 'em.

- [Prosecutor] Do you see the person that struck you

and Ms. Slocum in the courtroom today?

- Yes I do. - Can you point to him

and describe what he's wearing.

- He's right there with the striped shirt.

- [Prosecutor] Record reflects identified the defendant.

I don't have any other questions, judge.

- [Judge Ober] Do you have any questions?

- You say that I was fighting Vicky.

Is that true?

- [Ms. Martin] Yes.

- Okay, when I struck you, was there any reason behind it?

- [Ms. Martin] I spoke to you as said, you should,

you're gonna go to jail, and you punched me.

- And you didn't kick me in the groin first.

- Not first, after you punched me I most certainly did.

- [Mr. Risinger] You're saying that I broke

the windshield in your car.

- I said I don't know which one did.

- [Mr. Risinger] You don't know who broke the windshield?

- That's what I said. - Are you sure?

- [Judge Ober] Don't argue with her answers.

You got to accept her answer,

I decide who's telling the truth.

What else?

- That's all.

- [Judge Ober] All right, any other witnesses?

- Redir-- - Or any redirect

for the witness.

- [Prosecutor] No, briefly Ms. Slocum.

- [Judge Ober] All right ma'am, if you'll step back

from the podium. - Would you please

state your name, spell your last name.

- Vicky L. Reeves, R-E-E-V-E-S.

- [Prosecutor] Were you also known as Vicky Slocum

at one point? - Yes sir.

- [Prosecutor] On February 15th, 1998

were you involved in an altercation with Mr. Risinger?

- Yes sir, I was.

- [Prosecutor] You have heard Ms. Martin's testimony

regarding the windshield being broken of her car.

- Mm-hmm. - How did that get broken?

- She punched it, with me sitting

in the front seat of the car.

I sat right there and watched her do it.

- [Prosecutor] I don't have anything else.

- [Judge Ober] All right, and any questions

for this witness from you?

- Yes, she was saying that I was punching you.

Was I punching you? - Beyond the scope, judge.

- [Ms. Slocum] I'd like to answer it though.

- [Judge Ober] Well, it's not really necessary, so

I'm gonna agree with the state.

Any other witnesses for the state?

Okay, Mr. Risinger, it's your turn.

If you want to you can present witnesses

or testify yourself.

You don't have the duty to present any evidence whatsoever.

So, what did you want to do?

- Well can I ask Vicky questions?

- [Judge Ober] Yes.

- Okay, when we were out the door and we were struggling

what was going on?

- I grabbed a five dollar bill out of his pocket,

he was laying on the couch.

He came outside to try to get it, he never hit me.

He grabbed my by the arm and tried to get the money.

She ran up and kicked him and that's when he punched her.

Then she went back to her car, got in the car and was mad

and punched the windshield, right in front of her.

And said, you can't tell Jim because he's gonna be mad.

Two days later I got a phone call from her

when I moved out saying, I can't believe

you didn't lie for me, I lied for you.

That was the last time I spoke to this girl.

The next thing I heard she's wanting to beat me up.

That was the last thing I heard about the whole thing.

I'm married to somebody else, I don't, you know.

- [Judge Ober] Okay, any other questions for this witness?

- There's another witness that's back here

that the prosecutor called.

- [Judge Ober] Okay, you can call that witness if you want.

Did you have any questions for Ms. Slocum?

- Yes judge. - Wait a minute,

he's got questions for Ms. Slocum,

come on back. - You were there to pick up

some clothes to leave, isn't that correct?

- At which time-- - February 15th, 1998

when you went with Ms. Martin, you were there

to pick up clothes to leave.

- She dropped me off.

She dropped me off and left,

my father came and picked me up.

- [Prosecutor] She dropped you off and left.

So now you're saying she wasn't even there to kick anybody.

- No, she was there earlier that day,

she came and picked me up.

We went back and she dropped me off, my father,

I wish he was here, because he took me over

to her house to pick up my engagement ring.

- [Prosecutor] You were there to pick up some clothes

with Ms. Martin, is that correct?

- No, I stayed there, he was in jail.

My father came and got me.

She never took me nowhere, except back to my house.

- [Prosecutor] On February 15th.

- Yeah, she dropped me off.

- [Prosecutor] What were you gonna do there?

- I went to get my stuff, I lived with him.

I packed everything I owned and I moved out.

- [Prosecutor] So you were there to pick up your clothes

and leave, is that correct?

- Yes.

- [Prosecutor] Okay.

Why were you leaving?

- Because I got two domestic violences on me

and now he's got one, I don't need this, that's why.

I've got enough crap going on in my life.

- [Prosecutor] Isn't it true you were leaving

because he had beaten you the day previously.

- No.

- [Prosecutor] Oh.

Did you tell law enforcement officers that he beat you

the day previously and that he'd beat you on the 15th.

- I told you that I had been drinking that night

and I don't know what I told them.

I told you that when I first walked in here.

- I'm gonna show you what purports to be

your written statement from that day.

Do you recognize it?

- I recognize the handwriting.

- [Prosecutor] Would you like to go ahead and take the time

to go ahead and read it to yourself.

- You asked me about the 15th,

you didn't ask me about the 14th.

- [Prosecutor] Did you have a chance to read

the entire statement?

In your written statement, did you write that Mr. Risinger

had beaten you on the 14th and that's why you were leaving?

- He did hit me that night, okay?

- [Prosecutor] On the 15th, did you write in your statement

that you had gone over with Ms. Martin

to pick up some clothes to leave?

- Yes.

- [Prosecutor] Did you thereafter write that he,

meaning Mr. Risinger, attacked you.

Then your friend tried to help you and he punched her

and threw something at the car and broke the windshield.

- I'm telling you, I'll be honest with you, okay?

I ate a bunch of Xanax that day and I couldn't tell you

anything about what I wrote.

I tried to tell you that when I came in here.

- [Prosecutor] Did you write that?

- Apparently so, it's my handwriting.

- [Prosecutor] That was then the same day

that this incident happened, correct?

- [Ms. Slocum] Yes.

- [Prosecutor] And today you're saying that on that day

you were on all kinds of medication, correct?

- [Ms. Slocum] Yes.

- [Prosecutor] But you want the court to believe that you

and Ms. Martin made it up on that day.

- [Ms. Slocum] I'm not gonna argue about it,

I'm telling you the truth, that's all I'm saying.

I did not-- - Which time?

- [Ms. Slocum] I lied that day, like a rug, okay?

But so did she.

- [Prosecutor] I don't have any more questions, judge.

- [Judge Ober] You have any other questions for her?

- [Mr. Risinger] What was the reason that she wanted you

to lie to the cops about this report on me?

- [Prosecutor] Objection, hearsay.

- [Ms. Slocum] It's not hearsay, I was there.

- [Judge Ober] I'll let her answer it, go ahead answer it.

- It's because her boyfriend was gonna be mad

because she punched her windshield.

It was right in front of the driver's seat.

I was in the passenger's seat, she was in the driver's seat.

She drove me around to some of my friend's house

too that day, that's where I got the Xanax from,

and that's why I don't remember this report.

Ask her if she remembers that.

- [Judge Ober] Okay, anything else?

Any other questions for this witness?

- [Mr. Risinger] No.

- [Judge Ober] All right, and you want to call

this other witness, sir?

- [Mr. Risinger] Yes I would.

- [Judge Ober] What's his name?

- [Mr. Risinger] Jim.

- [Judge Ober] Jim what?

- I don't know his last name--

- [Judge Ober] What's your last name, sir?

- Erwin, E-R-W-I-N. - Come on up, Mr. Erwin.

Raise your right hand, Mr. Erwin, do you solemnly swear

the testimony you're about to give the court

will be the truth? - Yes.

- [Judge Ober] All right sir, tell me whatever it is

you know about this.

- Well I don't, all I know is what's being said right here

because I was not there.

Vicky did call our house, ask Lin to come get her because

she exactly said he beat her up.

So she went and picked her up.

Then she asked to take her back over there

to get some clothes.

That's when all this took place, I was not there.

The windshield on my car, which is not in my name,

it's my brother's, was not broke when it left my house,

when it came back it was broke.

Both of them said he did it.

He says he didn't do it.

I mean, that's where I stand.

- [Judge Ober] All right, that's all you know about this?

- That's all I know, I was not there when the incident--

- [Judge Ober] Do you have any questions for him?

- And that still stands as far as what you know

that I broke your windshield.

- [Mr. Erwin] I didn't say you broke my windshield.

I said all I knew is it was not broke when it left my house,

when it came home it was broke.

Vicky said you did and Linda said you did it.

You said you didn't do it.

- Have you found out any different?

- [Mr. Erwin] There's hearsay.

What's that?

That's all I know. - Do you have any questions

for him?

- No, your honor. - No, all right.

Do you have any other witnesses you want to call?

- No.

- [Judge Ober] Do you have anything you want to say?

- Well what had happened that day

is Vicky and Lin come over, come in the door,

Vicky hit me upside the head, I was sleeping.

And I just got up and she said I come in

to get some of my stuff, I said okay go ahead and get it.

She went in, got some of her stuff and she reached,

I was laying on the couch, she reached and grabbed

some money out of my top pocket.

I didn't know how much it was,

I didn't remember how much I put there.

I got up, I grabbed her by the wrist

and tried to take the money out of her hand

and she drug me out the door

as I was trying to take the money out of her had.

And then Lin comes up to me and starts hitting on me.

And I just kind of ignored her,

I was trying to pull the money out

and then she comes up and kicks me in the groin,

and that's when I just automatically turned around

and hit her.

And then I just pushed them both away, I said, go, go.

I never left the porch.

Her car was out in the driveway.

Then a little bit later Jim calls me and says,

when my car left here the windshield wasn't busted,

now it's busted, and you busted it.

I said, I didn't bust nobody's windshield.

And he started hollering and screaming and I just hung up.

Little bit later he calls back again.

He says, look-- - Objection, that's hearsay.

- [Judge Ober] Yeah.

What else do you have with regard to the batteries

and the criminal mischief?

- Well, the criminal mischief I did not do.

I did not break her windshield.

The battery, that's up to you to decide.

'Cause far as I know when somebody kicks me in the groin,

I'm gonna react.

- [Judge Ober] What questions do you have for him.

- [Prosecutor] So Ms. Martin just came up and attacked you?

- Yes.

- [Prosecutor] It had nothing to do with the fact

that you were beating on Ms. Slocum.

- No, I was not beating on her, I had her wrist

and I was trying to take the money out of her hand.

- [Prosecutor] And you grabbed her, she was trying

to run away and leave the house, that correct?

- She grabbed my money and run.

And I grabbed her wrist and was trying to pull the money

out of her hand.

- [Prosecutor] I don't have anything else, judge.

- [Judge Ober] All right, anything else from anybody?

All right, I'm gonna find you guilty on count two,

the battery against Ms. Martin and I'm gonna find you

not guilty on count one and count three.

And I'm assuming I promised him the probation

so that's what it's gonna be.

- [Prosecutor] Yeah judge, we just ran adjudication,

he's got a '92 battery domestic.

- Was he adjudicated previously?

- No, it was a withhold on that.

- [Judge Ober] Did he get probation or what happened?

- He did get probation on that.

- [Judge Ober] Did he make the probation?

- It looks like he did, there was...

There was one violation but no sentence in post,

so I assume he must have finished it.

- [Judge Ober] Does he have any other record?

- Traffic offenses.

- [Judge Ober] I'll give him one more withhold.

Withhold adjudication of guilt, 12 months probation,

condition of probation is that you do

the domestic violence evaluation

and counseling that they recommend,

payment of the minimum court costs,

$10 to the Court Improvement Fund,

and is there any reason why you need to have contact

with any of these people?

- No - No.

So hearing nothing-- - Except Vicky.

- Why do you need to have contact with her?

- [Mr. Risinger] 'Cause we're seeing each other.

- She just told me she was married to somebody else.

- [Ms. Slocum] I'm gonna be divorced in less than a month.

- Ho, God.

(faint speaking)

I really, not right now.

You're gonna have to get some counseling, get some help.

And maybe I'll reconsider in the future,

but right now no contact with her.

No contact with Ms. Martin, no contact with Mr. Erwin.

I'll reevaluate at a later time.

Get into some counseling classes and I'll see,

but right now it's no contact.

I don't know if you all came together,

you need to go separately.

- She's been having threats put up against her from Lin

because she said that if she come up here and told the truth

that she was gonna beat her up.

Is there? - Well,

I hope that's not the case.

I'm ordering everybody to have no contact

with anybody else, too, I don't want to hear any more

that anybody's calling anybody

or threatening anybody or anything.

That's it, nobody has any more contact with any of you.

You're the one on probation though, sir,

so you best be on your very best behavior.

You need to see the bailiff and the probation officer

and you got 30 days to appeal my judgment and sentence.

All witnesses that are gonna testify, raise your right hand.

Do you solemnly swear that the testimony,

some other witness on this trial?

- [Woman] Yes.

- [Judge Ober] That your testimony will be the truth?

Yes? - I do.

- [Judge Ober] All right, state may call your first witness.

- [Prosecutor] Pamela Cannon, please state your name.

- [Ms. Cannon] Pamela Cannon.

- [Prosecutor] You need to speak up a little louder.

- [Ms. Cannon] Pamela Cannon.

- [Prosecutor] And Ms. Cannon do you know Calvin Perkins?

- [Ms. Cannon] Mm-hmm.

- How do you know him? - That's my son's father.

- [Prosecutor] Okay, and on December 31st of 1997

did you see Mr. Perkins?

- [Ms. Cannon] Mm-hmm.

- [Prosecutor] Do you see him in the courtroom today?

- [Ms. Cannon] Yes.

- [Prosecutor] Can you please point to him

and describe an article of clothing?

- Orange shirt, orange and blue shirt.

- [Prosecutor] Let the record reflect the victim

has identified the defendant.

Did you see him at 13707 North 21st Street?

- Yes. - Is that apartment

number one? - Mm-hmm.

- And whose apartment is that?

- It's mine.

- On that date was Mr. Perkins living with you?

- No.

- You had separate residences?

- [Ms. Cannon] Mm-hmm.

- And about what time did you see Mr. Perkins?

- About five or six that afternoon.

- Okay, and was he over at your apartment?

- [Ms. Cannon] Mm-hmm.

- And about how long was he there for, do you remember?

- About four or five hours.

- And

during the, what was your relationship with him

at this time?

- We weren't really together, but we were just--

- [Judge Ober] I can't hear you, ma'am,

you need to speak up a little loud.

- We weren't together, but we were just together that night.

New Year's Eve.

- Were you in hopes of reconciling

the relationship with him?

- Yes.

- Towards the end of that evening, did an altercation happen

between you and Mr. Perkins?

- Yes.

- And what happened during that?

- We were attempting to spend New Year's Eve together

and we had got some movies and bought

two bottles of champagne.

Both of us were drinking that night.

- How much did you have to drink?

- Oh about two, maybe three drinks.

- Okay.

And what happened.

- I received a phone call from a friend,

which disturbed him, he got mad.

- Okay.

- So I told my friend I would call her back.

So after I hung up the phone with her

he continued to argue with me about this phone call

from my friend.

- And what did you do?

- What did I do that night?

- Did you argue back with him?

- Yes, I argued back with him, but then I stopped and

decided I was gonna watch the movie and forget about

we were arguing, just to stop the argument.

- Okay.

- And then after that he called my friend back

and was arguing on the phone with her.

And then I was arguing with him while he was on the phone

and then

I think he threw the phone at me, but it didn't hit me.

- Okay.

- So after that, I told him I was gonna leave,

when I come back I want him to be gone.

- Did you get up to leave?

- Yes, I got up to leave, but I never made it out the door

because that's when he started to hit me.

- Okay, and where did he hit you?

- Like, in my head, he hit me in my head one time,

and probably a couple times in the face.

- Okay, and where were you at this time?

- On the floor.

- And where was Mr. Perkins.

- Like, over me.

- Okay, was he hitting you with an open hand

or a closed fist?

- Closed fists.

- Do you know how many times he hit you?

- Three or four times.

- Okay, and then what happened?

Did you at all, let me take that back, strike that.

Did you at all touch him before he hit you?

- No.

- Prior to your attempting to try to leave, you never--

- No. - Laid a hand on him.

- [Ms. Cannon] Mm-mm.

- After he hit you and you were lying on the ground

what happened?

- He left out the door.

My son came in.

- Okay, and what happened at that point?

- I pursued him in my car.

- Okay.

Did you tell your son anything?

- I think he was at the door and I was telling him

to call the cops, so I think he was the one

that called the police.

- And you got in your car?

- Mm-hmm. - Okay, was Mr. Perkins

in a car or on foot? - Mm-mm, he was on foot.

- And did you come up behind him?

- [Ms. Cannon] Mm-hmm.

- Were you following him, or chasing him down?

- Chasing him down.

- Okay, were you going fast?

- Not fast enough to hit, but I came close.

- Did you hit him.

- [Ms. Cannon] Mm-mm.

- What was your purpose in being in the car.

- I just pursued behind him after he hit me

and I felt the bump on my head, I just went behind him.

- Okay, why did you do that?

- I was mad.

- Okay.

Did you want to scare him?

- Yeah I wanted to scare him, mm-hmm.

- Okay, and after you did that, what did he do in response?

- Oh, he threw a champagne bottle at my windshield.

- Then did you follow him a little more after that?

- Yeah, a little bit more down the road

and then he was gone.

- And where'd you go?

- Back, on my way, I went to my friend's house

who had called, and I was on my way back home

and that's when the sheriff that left my house stopped me.

- Okay.

And did you speak to that sheriff?

- [Ms. Cannon] Mm-hmm.

- Did you show her your injuries?

- [Ms. Cannon] Mm-hmm.

- And you at no time, either in the apartment

or with your car touched Mr. Perkins?

- No.

Did you want him at all to strike you inside your apartment,

to hit you? - No.

- No further questions, your honor.

- [Judge Ober] All right, sir do you have any questions

for Ms. Cannon.

- [Mr. Perkins] Yes I do.

- [Judge Ober] All right, what's your question?

- That day on the 31st, did I call you and ask you

did you not, or did you want to spend

New Year's Eve with me?

And your response was?

- [Ms. Cannon] Yes.

- Did we go getting stuff to spend New Year's Eve together?

- Mm-hmm. - Objection your honor,

relevance.

- [Judge Ober] Well it's already all been testified to,

so I'll allow it, what other questions?

- [Mr. Perkins] Oh, was we not having a nice time

up until your friend called?

- [Ms. Cannon] Yep.

- When your friend called, what the argument start about,

why did it, what was it?

- The argument was about-- - Objection your honor,

calls for hearsay.

- [Judge Ober] I'll allow it, answer the question.

- The argument was about he thought my friends

was calling me for me to come over there with them,

'cause he think my friends are always doing drugs.

Whereas that was not the case.

- [Mr. Perkins] Okay.

Do you or do you not sniff powder cocaine?

- [Prosecutor] Objection on the relevance.

- [Judge Ober] It's not really relevant, Mr. Perkins, so--

- Okay, that was what the argument was about

is what I'm trying to get to.

The friend called over, trying to get her to come over

to do drugs with them.

We have a son together and I was arguing with her

telling her, you know, she shouldn't go around there.

- [Judge Ober] All right, well for right now,

it's just more questions for Ms. Cannon.

The state might have another witness in their case.

Do you have anymore questions for her?

- Uh, yeah.

You said that you did not hit me.

- No.

I didn't get a chance to hit you.

- What reason did I have to throw the phone at you?

- I don't know what your reasons was

'cause your reason for getting mad was the wrong reason

'cause you don't know what was going on.

It was nothing like that.

- You threw something at me,

and in return-- - I did?

- I threw something back at you.

- No I didn't.

- Then she stated that

no one was in the house but me, her and my son.

- [Judge Ober] Okay, well this has to be questions,

is that the question?

- Okay, no the question is,

she stated that she did not hit me.

But she did.

That's how the fight started, and

she said that I was standing over her.

At the time when she threw something at me--

- [Judge Ober] Okay, well this isn't a question either.

You have any more questions for her, you'll get your chance

to tell me all this in just a minute.

- [Mr. Perkins] Okay.

- [Judge Ober] No more questions?

- Um, yes, hold on.

Okay, after she said we had the fight.

Did you not, or did you try to hit me with your car?

- Yes, I did.

Attempted to.

- [Mr. Perkins] Earlier you said you did not try to hit me,

you was not going fast enough to hit me.

When I-- - I said I attempted

to hit you but I didn't.

And that's when you threw the champagne bottle

in the windshield.

- Because you was-- - I was behind you again,

and then that's when you were going down the road,

and then that's when I left.

- [Mr. Perkins] The question is, when I threw

the champagne bottle at you, wasn't it because

you was trying to hit me with the car?

- [Prosecutor] Objection your honor, asked and answered.

- [Judge Ober] Well he didn't really ask

that particular question, I kinda assumed that.

- [Ms. Cannon] Attempting to, yes, but did I hit you, no.

- [Mr. Perkins] Okay.

As I was pursued to try to leave,

you still followed behind me.

- [Prosecutor] Objection your honor, asked and answered.

- [Mr. Perkins] As, as.

- [Judge Ober] Well what's your next question?

- My next question is, did you not say you was going

to my house to break out my windows in my apartment.

- Did I go there? - Objection your honor,

hearsay.

- [Judge Ober] Well, it's not hearsay, but--

- Did I go to your apartment and did I break

your windows out?

No.

- [Judge Ober] Any other questions?

- [Mr. Perkins] No, your honor.

- [Judge Ober] Any other questions for this witness?

- Yes, your honor, Ms. Cannon when you were inside

the apartment and the argument started

did you ever throw anything at Mr. Perkins?

- Not that I can recollect, no, I didn't get a chance

to even swing or nothing like that.

- So you never touched him? - No.

- Either with your person or with anything else?

- Not that I can recollect, no.

- Okay, the first contact was him punching you?

- Definitely.

- Okay.

And is your apartment in Hillsborough County?

- Yes.

- Did you actually hit him with your car?

- Mm-mm. - Touch him, nudge him,

anything with your car?

- [Ms. Cannon] Mm-mm.

- No further questions your honor.