On 1-29-13, I checked the docket, and after not seeing myself on the docket, went to look at public records. The motion I submitted 1-9 did NOT show in the record, and I notice that my deferred adjudication letter also was NOT in the public file—even though a copy had been submitted on 1-11with the clerk, who had file-stamped my letter and sent up to the prosecutor’s office after telling me it would be scanned into the system. I knew that both documents were being deliberately withheld. I also noticed in checking the records 1/29 that a new document that was not there previously. This document is a Judgment document that says, “No Action Taken, Send to Court 10 by William Marple (off-docket judge in court 9). This document was not in the record during the week or so after my trial 1-8-13. Strangely, it is not accompanied by any off-docket paperwork. Why this document only now showed when I checked the records on 1/29? Regardless of the answer, the impression given by the document is false, namely, that on 1/18 there was some action I should have taken or could have taken but didn’t take on 1/18 in the off-docket courtroom. This was strange. On 1/15/13, the judges seemed to have reneged on former offers of deferred adjudication that had been given orally on 1-11, even though my citation had been received more than 21 days before on 12-4. That the judges had reneged on 1/15 would eventually be firmly established by my encounters with court services on 1/30. The pretext for the denial by the judges was that I had a court date, indicated in the letter court services wrote to me on 1-15. While the prosecutor retained a copy of my deferred letter (motion) because one had been sent up to the prosecution by the clerk on 1-11, the other copy that was delivered to court services by mail on 1/14 had been reviewed and sent back to me along with my deferred form after the decision was made on 1.15 to do so by the judges. The prosecutor and judges must have known on 1/15 therefore that as of 1/15 there was no action I could have taken or should have taken in the off docket courtroom to get deferred either on the 15th, or in the days thereafter. The document alleging a date of 1/18 No action taken gives the wrong impression that there was something I could have, should have, but didn’t do. If there was not action, it wasn’t because of a lack of initiative on my part, it was because the judges had reneged on my motion for withdraw on 1/15 and there was no action I would have been able to take. Therefore, I do not know what the reason for the existence of the document is.
Posted on: Mon, 28 Oct 2013 04:45:51 +0000
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