Sentencing Day May 30, 2009 - my question to DA & Judge re: Evidence

I still don't understand one thing.......The police officer asked me to take additional photos in the emergency room for evidence.  Ok, so I do that and called the District Attorney to ask if she needs me to mail them or email them to her or the Judge.  Do I need them for the arraignment? Do I need them for the sentencing? What?

During this time I was going through the motions, but my head was so foggy..I was not in my right frame of mind. I was informed to email some of the photos and I should make sure to take them to the sentencing hearing.  I should bring 3 copies. Ok..............my opinion after the experience...TOO LATE!  He was sentenced without seeing my photo's? The judge did not get to see the photos? It was down played? why? I still don't understand.  I'm happy I read my victim statement because that is my right as a citizen. I really felt the system let me down.  I don't feel that 5 months in jail was sufficient along with the minimal classes.  I think that was so ridiculous! Amazing, amazing, amazing!

I also learned this...Sometimes you think you know someone and you really don't.  I have to say I knew this guy for 14 years..and never really knew his background..this was a shocker to me! I had no idea and was completely speechless.  I was reading the Probation Report and is said the follow:

A review of the defendant's criminal history, which began when he was 24 years old reveals one felony conviction for domestic violence, in 1990, and 10 misdemeanor convictions; including convictions for DUI (2) and driving while license suspended (5). He has been granted formal probation on two occasions, both of which expired normally.

Clearly, the victim's safety is a primary concern in this matter.  According to information obtained from the defendant, the victim and his criminal history, the defendant  possesses 10 of the 21 believed risk factors for dangerousness, further violence or lethality from the domestic violence lethality risk assessment chart.  These factors include history of violence against the others, possession of, or access to weapons (victim says he has martial arts tools but has not used them). history of alcohol abuse, a history of prior police calls, extreme emotional responses (according to the victim, when he is drunk). his access to the victim ( shares a residence or knows the victim's whereabouts), a history of multiple violence/alcohol-related convictions, victim or witness of violence as a child, denial or minimization

The defendant is eligible for probation services and in light of the negotiated plea, the undersigned concurs that a grand of form probation combined with a five month jail sentence will serve the defendant accountable for his actions in the present matter and provide for appropriate monitoring in the community. They also added some classes here.

THIS COMPLETELY PISSED ME OFF!!! Come to find out that the Probation report was prepared on May 22, 2009.. His sentence was already decided before any of my photos' or my victim statement were even looked at or heard by anyone!!  With everything stated in the Probation Report..that was it! 5 months in jail!  How was that possible?  This cannot not happen.  I don't care how many photo's they had.  They asked me to take more photo's because I was strapped on a backboard. I do that and ask at what point they need them and I'm told for sentencing.  What a joke!  I hope you can see why I'm on my quest for change.  It has taken me one in a half years to come to grips with this.  Instead of allowing this to consume me I'm going to turn it around and make a change.  I don't really care to hear all the excuses about how or why it happened to me...it's irrelevant! One person is too many in my opinion. I had to fight to protect my family.  No one should have to feel like that!  Oh, so many lessons...