It's been some time since I posted,that's because I had no new news.In the past 3 wks we have been to court 5 times to determine a new court date since Nicky's killer decided 6 wks before trial he wanted a new lawyer,getting scared I guess and they decided to grant him his request(big suprise).
April 21st the second judge on the case(the first one got reassigned from homicide to somewhere else last year)calls a hearing to determine if the shooter will get a chance at a new lawyer.She decides she needs 24 hrs to think and schedules a hearing for April 22nd
April 22nd The judge recuses herself because she knows my brother in law and was just at an 8th grade reunion with him even though he doesn't talk about the case with her.I wonder why she didn't know this April 21st??? I actually don't care as I didn't want anything to mess up the final sentencing.She was the judge who let them walk the first time they were involved in a shooting years ago.She passes Nicky's case to a new judge and we are scheduled for court April 28th
April 28th My Da doesn't show even though I emailed him 2 days prior and he said he would see me there.(He had 2 other murder cases he was doing pre trial on that day) It is rescheduled for May 5th.I am hysterical in court crying
May 5th Again emailed my DA and was told 9:30 even though it was really for 2:00pm.He told us to come back at 2 however the judge looked sick on the bench and I told my husband she is going to cancel look at her.My husband tells me not to go at 2pm he will go back since I didn't sleep from my 12 hr shift the night before and I had to go back for another 12 hr that night.I agree because I know she will cancel.As I thought our case was cancelled till May 12th.
May 12th Nicky's trial has a new date June 13th 2011!!!!!
As in Laura's case I was sitting feet in front of the one who shot Nicky with no glass protection or anything.3 people from his family were there.It is so hard to restrain yourself but I did.His lawyer who is a shark and tried to come up to us on 3 different occasions to tell us he's not there to cause us any more pain (to which I put my hand up and shooed him away like a bug)was pleading his case that the shooter didn't get assigned a mitigation lawyer,he did because me and Bette discussed this in June of 09 when I didn't know what that was.I even have the name of the mitigation lawyer.Anyway the new lawyer is also having open heart surgery on Nicky's original trial date this June 7th.How convienent! I'll bet that's a lie also just to hold things up.
Anyway to the good part.The new lawyer tries to shout at the judge when she calls him a liar about the mitigation lawyer thing and she yells are you raising your tone with me counselor you will not disrespect me in my courtroom and tells the bailiff to remove him from the court.When the bailiff looks confused he then asks the judge what do you want me to do judge she takes a few seconds and says apologize to the court and me and he did with his tail between his legs.The look of oh no who did I hire was all over the killers face with his jaw dropped open.It was priceless.If he wasn't scared before he sure is now.Nothing like your lawyer ******* off the judge in the case early on.She then apologizes to me regarding the delay and tries to explain 4 people have to all have their schedules cleared at the same time and it is just too late in the game for this June.
I am okay with the whole next year thing as they both are still behind bars and can't go anywhere.I hope they stay in county which is worse than state prison.I do find it appalling that their rights are everything,but everyone says that trial doesn't really make you feel any better,it's just finalized.It will be 3yrs and 3 months when the new trial starts.
Thanks for listening ladies,we were really on a roller coaster ride for the past month.I think of you all daily and your precious children.Love and God Bless
Don't hold your breath for next June either, I think defense attorneys have a book of delays if one doesn't work they just look up another.
For me getting the conviction helped my mind but not my heart then the sentence I was on a bit of a high for a day or so but then reality sinks in no matter how many years they are sentenced to our children are still gone. The one thing that makes me feel a bit better is knowing Marlin is hating life and he has the rest of his life to hate many, many years. I was told when he was taken back to county jail after being sentenced he was crying like the wimp he is. I like to picture him sitting in his cell feeling sorry for himself and crying especially because he is hours away from his family and friends so he doesn't get visits very often I love it.
Love ya Barb
I'm so sorry Barb to go thru all that and then now have to wait another whole year.
As you know I hate the 13th and when I saw that my stomach sank.
And wtf would the defendant's atty want to approach you and speak to you in any way? I don't get that one and good for the judge who yelled at him for being disrepectful and I sure hope they went back to their little prison cells and thought wtf did I just do changing lawyers!!!!! dumb ass!!!
Anyway my thoughts and prayers are with you and the waiting is terrible and to see that you have another year to wait, makes me sick to my stomach, knowing the possibility this could happen to me too. Just know that whenever you want to talk we're all here for ya!!!
Barb, I am so sorry you have had to go thru all of this. I know that is an emotional roller coaster. It is ridiculous that you have to wait another year for a trial. As you said at least they are behind bars.Now maybe u can rest for a little bit until you get close to that date again. I love u and am here for u anytime u need to talk. Love ya, Darien
Dear Shirley,Bette and Darien
Thanks ladies I can always count on you for a response.Sometimes we just want to talk things out with someone who will understand,maybe because they have been there already like Shirley and Darien and maybe because they too are waiting like in your case Bette.
Shirley, my husband wants the death penalty,but I have never wanted that.I want their days to be like in the movie "Groundhog Day" a repeat over and over again,nothing changes with nothing to think about except how stupid they were
and how miserable their days are going to be.Marlin is having that dream each day,week,month and many years to come.
Bette,Just because Nicky's was delayed again doesn't mean Timmy's will be, but I do know that my frame of mind was much better when I kept telling myself they are still in jail and not going anywhere.I am getting stronger and stronger with each delay and much more alert to the happenings of what goes on in the courtroom.
Darien,You are right when you say at least I can rest another year knowing they are still behind bars.The uncertainity of not knowing the date as it was so close to approaching and not knowing if people were going to have to cancel their vacation days at this late date was nerve racking.I'm actually okay about it.Thank God I live so close to the courthouse.I feel sorry for those who have to travel to get let down when a cancellation is proclaimed.
Thank you all very much and please continue to keep us in prayer,we do appreciate it.Love Ya's
Barb, we went through the changing dates also. My kids would all by plane tickets and then they would have to cancel their flights.It was nerve wracking to say the least.
OMG can they keep putting us thru so much more pain!!!!
I just don't get it, NEVER EVER WILL GET IT. Why do they get all the rights and we get NOTHING!!!!!
Sorry for the rant I'm just that way anymore.
Well you all know coward boy took a plea on ours, and all the things we were told we could have, well, now we can't so we have that to fight. I am glad he went to prison because he was at the "old Man Dorm" at county and that was a pretty cushy place. I just praay he is in general population and that his life is miserable for the time he is there. I would think that being over would have been good, but then we get slammed with other things.
The defense for him ticked the Judge off too and I was so glad. I really think he got his degree from ACME U. Anyway, we had family coming in and they got here and they got a continuation. They tried it a second time and both times it was too late for our family to cancel and some didn't get to come at all because they didn't have the finances to come and have nothing happen. Thankfully the second time the Judge didn't allow it but they brought in a pathologist to testify to time of death. He took a plea and we were at sentencing and they were still trying to bring witnesses. The DDA ended up making him look like a fool on the stand. I am sorry for all the delays but you are right they stay in jail. It is just hard to have the constant uncertainty and know they will keep tearing your child up. Personally i think that a defense who cannot get their client off on the facts of a case and who have to resort to tearing up a dead victim who cannot defend themselves isn't very good. When you best defense is a version o f"Well, did you see what HE/SHE did?" then how good are you really?