We went to court yesterday because Ashley had a friend that was assaulted on the playground at school (after school hours) by a 19 yr old. At the beginning of our case the attorney played a cat and mouse game. Your honor it is totally my fault but I told my client and his witness the court date was tomorrow. Judge asked him to try to contact witness and the witness could talk over the phone. Attorney unable to reach said witness so the other case against Mr. Fately went before us. We were not allowed to stay in the court room in case we were tainted and would say something at our case-which is fine, since we had to leave the defense attorney would not be able to ask for an appeal because we were not in there to witness anything from the other case. Anyway, he was found guilty of menacing in the other case. He threatened a child that he would kill him. Our case went next, still unable to reach witness the judge decided to have Ashley take the stand. Defense attorney 5 times said I couldnt be in the court room because I was listed as a witness. Finally the prosecutor said Ann Trace would you mind leaving the courtroom so we can actually get this case started. I said sure. As I walked out I felt anger like I have never felt it before. MY CHILD WAS ON THE STAND, minor child and I was not allowed in there. I had told her to find something to look at but do not look at him, he will intimidate you and make you want to cry. He will say mean things and try to get you to say something wrong. Well, she didnt listen to me! The child advocate came out and said that man was pissing me off, how dare he talk to a child the way he talked to her, mom you should be proud. From the moment he stood in front of her and started questioning her she looked him in the eye and continued looking him in the eye while she answered him. She had him flustered and he didnt know what question to ask next. He asked Ashley isnt it possible there were other brown haired boys on the playground? Ashley said yes its possible but thats the boy that punched my friend in the stomach (while pointing to the defendant). He did not break her. I think he thought she was just some little girl. Little did he know that she and her friend were not your average child and they were not easily intimidated. The judge decided to put her friend on the stand next. Ashleys friend had to go back to court today because the judge was going to listen to Mr. Fatelys so called witness. Well, there was no witness today at court. Basically wasted the judges time. He said I thought you told me yesterday your witness was prepared to come today to court. Attorney did not have anything to say. The judge said that the victim and his witness were competent to testify and their testimony was impeccable and based on that he found the defendant GUILTY. The sentencing was today and it was based off of the 2 cases: 6 months ankle monitor suspending all but 45 days. So for 45 days he can not go more than 100ft from his house. He is also on probation. The judge said if I were you I would pay very close attention to what you cannot do, I have a feeling the parents of these children along with other parents will have many eyes watching you over the next year. He can not have ANY contact with anyone under the age of 18 unless it is a family member. He cannot be on ANY school property, elementary, jr high, high school (games, events, hanging out, etc). He is also not allowed at the Foxglove Park at the end of our street as the children are allowed there and he cannot have any contact with minors. He is to stay 500 ft from our houses and cannot walk, ride a bike or drive in a car past the house of the first case. He cannot even be in his front yard! He cant sit on his porch. If he wants to be outside on his property he must remain in the back yard. ANY violation will result in arrest and jail time. You bet your bottom I will be keeping my eyes out for him to make one wrong move. He also has to have a psych evaluation and some type of mental health counseling. I will be giving my neighbors a picture of him along with the number for his probation officer if he steps anywhere near my home the police will be called. I am very proud of Ashley for standing up for her friend and helping him get the justice he deserves. Her teacher told her yesterday that she would be proud to call her a friend. She walked out of the courtroom and took maybe 3 steps and broke down crying so hard. It was very hard to be outside while she testified and see her break down like that. Too much for a child to have to endure. The child advocate said she really wishes they could video tape testimonies instead of having kids face the defendants. Thank you to everyone who has been involved and have so appreciated your prayers during this time.
Posted on: Sat, 27 Sep 2014 01:31:58 +0000
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