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Old 11-30-2006, 01:20 PM     #1
karen
 
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Default right to a speedy trial

My son, who is mentally ill, was arrested in March for feloneous assault on another resident at the assisted living home he resided. We secured a public defendant. The D.A. has continued this case a number of times, usually due to "scheduling" conflicts of some sort that I don't really understand. Finally I found in August that the hold up has been that they (the State) had been unable to locate the victim, who moved out of the assisted living home after his hospitalization. The D.A. let me know that they were trying one more time to locate him (the vicitm) and if they could not, they would drop the charges to simple assault and that my son, who is still incarcerated at this time, would be released on "time served". A month later I am told they found the victim and the victim wish to procede with prosecution , so another court date was set. This was for bond reduction (which was set at $500,000 I believe). The judge refused the bond reduction unless I could show proof that my son had a supervised living arrangement with qualified care givers for the mentally ill. At the time, I could not show this proof.. as he had been asked to leave the place he'd been living , upon his arrest.

Meanwhile, each visitation I become more worried for my sons well being. He is diagnosed paranoid schizophrenic, has learning disabilities, is obsessive compulsive, and shows classic signs of bulemia. Every time I have visited him in jail I see he has lost more weight. He looks very ill. At age 28, 6 foot 4 inches, he now weighs about 145 pounds, which of course, he sees as a plus... I see as very unhealthy.

In the county jail, the psychiatrist who had been seeing the inmates once a month has quit. The county is looking for a replacement. Meanwhile, my sons mental health is deteriating, as well as his physical well being. In late September there is another court date, this time the victim is a no show I ask the D.A. to consider releasing my son to a mental hospital. He says he cannot do that because the state had already deemed him compitant enough to stand trial. My sons attorney and the D.A. discuss my concerns about my sons health with the judge, and they decide to send my son to the NC State Department of Corrections "Safe Keeping". This is the mental health division of the Central Prison in North Carolina. It is explained to me that he will be able to get the medical and psychological treatment needed while awaiting trial, which (I am assured) will take place the first week in December.

My son has been in custody since March 22nd of this year. Soon to be 9 months of incarceration. And now he is across the state and will not be able to see any family for the holidays.

I am not condoning at all my sons violence. But I do feel that his right to a speedy trial has been jeopordized. Am I correct in this?

I've tried reading up on "right to speedy trial" on the internet and I'm not sure I have a leg to stand on in writing to the DA and suggesting that all charges be dropped via plea bargain or I will write to the newspapers, television news, and NAMI about how he has been detained unjustifiably for this length of time.

Please advise if you think I'm wrong in believing that injustice is being done here.
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Old 12-01-2006, 12:42 AM     #2
Unregistered
 
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Default Re: right to a speedy trial

You are correct--if need be bring publicity and force the DA to act however you can. Something is not correct there and exposure can normally only help.
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