Harassment, Stalking, Misconduct Subtle Mention of Sentence or Nullification in a Closing

[bmi1982]

To put it as concisely as possible, friend of 6 months and I fought quite a bit. This latest fight was followed by a call from some college police officer to leave her alone. I indeed sent her an apology and a notice that the multi-vitamins she was looking for were on sale after the "officer" told me to cease contact. Arrested the next day with a stalking charge. While on bail I discussed the case with a mutual friend and my mention of pursuing a defamation suit against the victim is now being used as the "credible threat" to jack the charge up to aggravated stalking. I convinced my lawyer to let me give my own close. With our relative lack of need for witnesses (as long as we cross well) my lawyer can essentially give her own close as a motion to dismiss.

Michigan's stalking law is nigh obscenely vague and that combined with my harsh and unlikeable demeanor (almost a decade in the military, 2 years as a Drill Sergeant) plus all the recent angsty teen drama I've been swept up in recently make me not like my chances too much. I'll have all of the relevant bases covered ("willful" and its implication of evil intent and would a reasonable person truly fear an apology from a friend she used to come to for protection), but I think some comments thrown in about the law being made to stop the crazies, not to be wielded as a weapon between friends or that many people convicted of rape and murder have spent less time in prison than the max I'd be looking at would help a lot. Maybe even tossing in an accusation of vertical overcharging somewhere too.

Are there any subtle ways to work these into an argument without getting smashed with a contempt charge? And yes, Michigan contempt laws are just as vague (and juryless) - getting off of the stalking charge only to spend life in prison (in theory) for contempt is not cool.

 

[army judge]

I suggest YOU not give a close.
You're bordering on cutting your own throat.
If there was a jury, they would wonder WHY you didn't take the stand.
A judge won't wonder, he will know.
He will see things in the investigation that are not admitted at trial.
You, as the defendant are TOO close to this.
You have a huge emotional investment.
Your life and freedom hang in the balance.
Don't do it, even if you choose to testify.
Don't do it.
You're way out of your lane.
The courtroom is no place for novices.
The courtroom is full of nuance, protocol, and procedure.
That said, forget it, you just aren't ready.
You have no idea of what you're doing.
You wouldn't send a raw recruit to battle, even if they had completed basic.
Dude, you haven't even completed basic.
Talking and acting like a lawyer does not make you a lawyer, no more than throwing a stethoscope around your neck and calling yourself a physician.

People are so foolish when it comes to legal matters.
You wouldn't ask a dentist to let you help with your root canal, or a surgeon to let you remove your gall bladder.
You don't want to be, nor are you capable of being your own lawyer.
When I served as a prosecutor, I never lost a case when some yahoo was his/her own lawyer.
Don't help the state put the noose around your neck!!!!

 

[bmi1982]

Thanks, but trust me - I've already tried telling myself all of those things over and over. It is because my life hangs in the balance that I only feel comfortable finishing it myself. It is a very elite group of people who I trust having my life in their hands, my lawyer is not one of them. Never in my life have I felt even close to the level of fear that the possibility of being a second class citizen brings and I will do everything in my power to protect my life and reputation. Even if it is at my own detriment.

 

[army judge]

"Even to your own detriment."

You didn't stop after you got into hot water.

You won't stop now.

I wish you well.

I really do.

I hope you don't have five or ten years locked up like a caged rat to regret and rethink your choices.

Good luck!!!

 

[bmi1982]

I appreciate your concern, but regret has never been and will never be a part of my vocabulary. As long as one always does what they believe to be right, regret should only come into play when they fail to do something. Which brings us back to my original question. I know it primarily comes down to the judge's discretion, but there must be a sure-fire cya way to bring up nullification or sentencing. Or even some obscure case law somewhere that allows for certain things to be said in a certain context.

 

[army judge]

If you were summing up before a jury, what you suggest is possible to some extent. But, choosing to use semantics before a judge is at best folly, at worse foolish!

I change my summations to points of law and procedure when speaking to a judge. If I sum before a jury, I use passion and emotion, and less law.

Before I jury I want my client to appear more human, more like them. Before the judge, those verbal semantics fall on deaf ears. Hence, one argues the law, just the law and the facts.

Did my guy do it? I speak to why my guy couldn't have done it.

 

[bmi1982]

It'll be jury, although the more I think about it I may want to change that. You hit the nail on the head with the passion and emotion necessary to convince a jury and that is where my worry comes from. Looking at the law and facts in a vacuum and there is really no way they can possibly convict (I am hoping for a pre-trial dismissal, just not holding my breath), but toss in the poor small town jurors, my general unlikeabilty, terrible luck over the last couple months, and the 100% surety that the prosecutor's primary focus will be on demonizing me and my odds go down dramatically. This is one of those rare occasions where the defense wants the smart jury and prosecutor wants the dolts. That's why I am looking to garner some sympathy with a mention of a 5 year max, even if my OV is only looking at a couple months. Tossing that in along with how the original purpose of the law doesn't apply here and maybe a splash of prosecutorial vindictiveness is what I hope will be enough to counter my being a big meanie and push them to look only at the facts that apply.