Dear Reader,
On the night of 06-11-09 I was suicidal. I live with my mother and I held a knife to my wrist. She called the police. I have a history of mental health issues, mainly depression and Borderline Personality Disorder. The police arrived and my mother advised them that I needed to go to a hospital. The police arrested me and charged me with felony aggravated assault naming my mother as the victim. The charges are bogus and she is the only witness. I was released on a OR BOND and we had to file a modification of bond to allow me to come back home. We got the modification we wanted. She testified, under oath, that I never assaulted her or even threatened her. All this in mind, I was indicted by a Grand Jury on evidence considered hearsay - the police report. The arresting officer lied on the police report, which they used to indict me. I understand that I also have a right under the 6th Amendment where the Grand Jury was to consider evidence from my mother, which would have more then likely cleared me of all charges. They never considered her testimony before indictment. I am entering the pretrial phase of my case and my public defender (which is terrible) filed a motion to dismiss based on 5 things. they are as follows. 1. the indictment was based solely on hearsay evidence. 2. the indictment was based solely on hearsay evidence when better evidence was readily available for presentation to the grand jury. 3. that the method of presentation of evidence to the Grand Jury violated the defendant's rights protected by the Fifth and Sixth Amendments to the United States Constitution. 4. That the alleged victim, patricia XXXXXX, stated under oath at a bond hearing that the incident never happened the way the indictment alleges. 5. that the defendant (my name) never made any assault on her what so ever, with a knife, or any other object, or in any way did he put her in fear of injury or in fear of her safety. Any thoughts on this please? I am 27 and have never been charged with a crime in my life. The charge against me just invades all my thoughts and drives me crazy all day every day.
On the night of 06-11-09 I was suicidal. I live with my mother and I held a knife to my wrist. She called the police. I have a history of mental health issues, mainly depression and Borderline Personality Disorder. The police arrived and my mother advised them that I needed to go to a hospital. The police arrested me and charged me with felony aggravated assault naming my mother as the victim. The charges are bogus and she is the only witness. I was released on a OR BOND and we had to file a modification of bond to allow me to come back home. We got the modification we wanted. She testified, under oath, that I never assaulted her or even threatened her. All this in mind, I was indicted by a Grand Jury on evidence considered hearsay - the police report. The arresting officer lied on the police report, which they used to indict me. I understand that I also have a right under the 6th Amendment where the Grand Jury was to consider evidence from my mother, which would have more then likely cleared me of all charges. They never considered her testimony before indictment. I am entering the pretrial phase of my case and my public defender (which is terrible) filed a motion to dismiss based on 5 things. they are as follows. 1. the indictment was based solely on hearsay evidence. 2. the indictment was based solely on hearsay evidence when better evidence was readily available for presentation to the grand jury. 3. that the method of presentation of evidence to the Grand Jury violated the defendant's rights protected by the Fifth and Sixth Amendments to the United States Constitution. 4. That the alleged victim, patricia XXXXXX, stated under oath at a bond hearing that the incident never happened the way the indictment alleges. 5. that the defendant (my name) never made any assault on her what so ever, with a knife, or any other object, or in any way did he put her in fear of injury or in fear of her safety. Any thoughts on this please? I am 27 and have never been charged with a crime in my life. The charge against me just invades all my thoughts and drives me crazy all day every day.
