Tuesday, June 9, 2009

Unexpected Court News

I had just walked in the door from lunch yesterday when I got a phone call from the prosecutor's office; he was all like, "So, this is X from the prosecutor's office, how are you today?" Now, I don't generally consider calls from him good things, so I very cautiously said, "I don't know, you tell me how I am." He said, "Well, maybe pretty good...CF just made us a deal, and I need to talk to you about it before I give them the go ahead." I about fell over and died from shock and surprise, as with the trial coming up so quickly we all sort of gave up on the idea of him offering any kind of deal. Since his only defense up to this point has been to say, "I didn't do it," we all figured he would take it all the way to trial and take his chances on a jury.

Not so, my friends, not so. He offered to plea guilty to one felony count Lewd and Lascivious. This carried up to life in prison, but of course part of the deal involved getting as little jail time as possible. They initially proposed probation only, but the prosecutor said,"No, that just isn't going to work." They hammered out some details and this is what we are left with: 120 days in county with no credit for time served (he will most likely get work release) and treatment in whatever sex offender program is deemed necessary by the court, felony probation (which for sex offenders is usually really quite strict). He will have to register as a sex offender, obviously. I had asked for a couple of stipulations, not knowing how it worked; I had asked that the Protective Order be required until Hannah is 18, and J. said,"Oh, no, that will stay in place until he is off probation." So that is good news. My personal request was that he also not be allowed to attend Rupert AA meetings, and J. was very funny and kind when he said, "Oh, well, that isn't usual but I am sure it can be arranged."

So. This is where we are. We go on the 22nd to a hearing where he will change the plea; I am going to make sure Hannah is there, because I think it is really important for her to be able to hear him say out loud, in court, "Guilty." Sentencing will not occur for another 8-12 weeks after that, which means his house arrest will stay in effect until then, and during that time there will be the Pre-Sentence Investigation. So in approximately three months or so, there will be a sentencing hearing; at that point, Hannah and I will get to give our Victim's Impact Statements as well.

It isn't perfect; there are a whole lot of other emotions involved in this that I don't want to get into right now, though I will in time. However, for this moment, this day, I am simply going to enjoy the relief that has come from knowing that Hannah is not going to have to testify, and that CF is going to have to publicly say, out loud, "I did this." That? Is sweet.

30 comments:

melscolorfulmetaphors said...

What a good outcome! Very happy for Hannah to not have to get up there. Sounds like he was just playing a game of chicken and he blinked first.

hugabug1 said...

I'm so glad that this is going to be over without Hannah having to testify!

Kristin H. said...

This is good news, Kori. I look forward to the day when this whole nightmare is behind you and your family.

MindyMom said...

This is so good to hear! Like you said; it's not perfect but not having to go through a trial is worth the impefection, I think.

It sucks that this legal process had to take so damn long but at least now it looks like closure there is on the horizon.

FreedomFirst said...

YES!!! I am so glad for Hannah, and for you too. I hope he doesn't take it back between now and then. Just for the record, I think you're right in letting him plead to a lesser offense in order to spare Hannah the trial. And here's hoping you get your request as far as the AA meetings.

Ms. Moon said...

I am so glad for you and Hannah. Justice may be slow and it may not be perfect, but there is some justice here.

justme said...

*That* is great Kori :0) I am smiling today. Like you said, not perfect, by any means, but good in lots of ways. So happy that things are moving forward and that soon you all can move on with the task of healing and get beyond this as much as possible.

((hugs))

michelle said...

Trying to look back for the history on this. Whatever it is, I am SO SORRY that Hannah (and you) were victimized and betrayed. That having been said, all my thoughts and prayers are with you and your kids that peace and healing can continue.
It's also awesome and brave of you to allow Hannah to witness the judge's statements, and hear that gavel bang. God is great

Lynette said...

Yay! Good for you - and for her. I think hearing him say out loud "I did it" is going to go a loooong way.

Kerrie said...

((((Kori & Hannah))))...just about to get into bed here but wanted to let you know I am holding you close to my heart.

I'll email in the morning. It's good Honey, really good.

JT said...

YEAH! YEAH! YEAH! Totally doing the happy dance for you!!!!!

Tara R. said...

Wow! That is great! Time and registery awesome. So glad the trial is off and Hannah can finally move forward in her healing.

tutugirl1345 said...

That's great! I'm so glad Hannah won't have to testify. And knowing that he's going to be branded as a creep makes it even better.

Julie said...

thats good news. I'm so gald to hear that he'll be saying guilty. Hope that it all works out with the other stuff. Hugs.

April said...

You already know how relieved I am for both you and Hannah. It doesn't mean he's any less of a worthless piece of shit that doesn't deserve freedom EVER, but it's still better to hear him utter the word "guilty" than a trial would have been.

Mr Lady said...

Hell. Fucking. Yes.

Xbox4NappyRash said...

Pick your battles.

Jill said...

Very good to hear!

geekhiker said...

I know it's not the exact outcome you were hoping for, but hopefully this bit of good news is good for you and your family. Excellent.

Maggie May said...

I bumbled here and read through your entries, all interesting and honest feeling and full of real life. Glad to 'meet you'

MaggieMay

Dingo said...

Hooray! Although it's not perfect, my goodness, it's so much better than what I expected. You did it, you really did it!!

Yaya said...

I'm so sorry you are going through this. I was sexually abused my entire childhood by a few of my family members and I just wish I could prosecute them. My husband believes that all child molesters should be castrated....

Kel said...

What incredible news...it must make you feel somewhat relieved! I know theres no justice to what happened, but at least you've made so much progress...that is awesome!
~K

Genie said...

" I am going to make sure Hannah is there, because I think it is really important for her to be able to hear him say out loud, in court, "Guilty.""

I agree whole-heartedly. And this is very good news. Here's to getting some closure.

Julie said...

See if you can record him saying "guilty" so you can listen to it over and over. Too bad he won't spend the rest of his life in prison, but maybe he will spend eternity in a far worse place.

HalfAsstic.com said...

OH, KORI! This is wonderful!
Did you hear me with the big, huge sigh of relief? NO! It was NOT just the wind it was me... sighing with relief!
Give Hannah a huge hug for me and go sit in a hot bath and... sigh.

Rachael said...

I seriously cried when I read this. I am so glad that this is going to have resolution for you. It's not perfect, but you won't have to worry about him winning a trial either, and getting away with what he did. I'm happy for you both. (Hugs)

Mrs4444 said...

Hallelujah! Such good news. What a blessing. Still sucks that he's getting off easy, but I think it will be good for you and Hannah.

Karen MEG said...

Well thank goodness for that Kori! It's far less than what he deserved, but I'm sure this will be better in the long run so you and Hannah won't have to deal with the lengthy trial process.

Mama Smurf said...

Awesome!