Tuesday, March 19, 2013

72. Gun Club Hearing


  • I'm pretty sure you already figured out that I didn't sleep at all last night.  I kept waking up in a panic about the hearing I knew I had to be at today.  I kept thinking and wondering if I would have to see Mark.  I so did not want to go to this.

    This hearing was only for the City of Riveria Beach charges.  It had nothing to do with the stalking charges against me.

    Detective Rott showed up at our shop about 8:15 AM.  The first thing I asked him is if Mark would be there.  He told me, "Most likely."  At that very moment I felt like I was going to throw up.

    The detective had told us yesterday that we needed at least two of us to go.  I assumed it would be Chris to go with me.  But, it seems last night, him and Kristin got into a HUGE fight about the hearing.  Kristin felt that we shouldn't go at all.  She believed that we were "bullying" Mark by going to the hearing and allowing more charges to be filed.


    I must say I was dumbfounded.  I really haven't talked too much about Kristin's feelings in all of this.  I know she feels like she needs to help Mark.  I know this, because I felt the very same way for a very long time - even a couple of months ago.  If you remember, I spoke about how he is all alone and has no one but our family.  Without us he has no one.  My counselor pointed out to me, "that was his choice.  You didn't do this, he did."

    So, when I asked Chris if he was ready, he quickly told me to ask one of the other guys to go with me.  They were victims in this too.  Pat had already left on a job (quite conveniently I might add - it was the first time he had been early in a year).  Then, I asked Joe if he would go.  Joe said he didn't want to get involved.  I went back to Chris in tears.  He said he would go, but reluctantly because of how Kristin would react.

    We followed Detective Rott to the courthouse at the jail.  He took us in the waiting area where there must have been at least 100 people, or more.  About 8:45 the doors opened and we were all allowed to go in.  Chris and I sat near the back.  Detective Rott went over with the states attorney.  He let us know before he left that we would be about the 3rd to be called.  I was glad because I just wanted out of there quickly.

    The first two people took their turn.  Then it was ours.  We were asked to come down to the front on the left.  It was just like you see on TV.  The public defender was already standing down in the front on the left.  The door on the side opened and a sheriff escorted Mark out next to his public defender.

    Mark was handcuffed and in shackles.  He was looking at the ground and had his head hanging down with his chin buried against his chest.  He was slumped and basically positioned himself next to the public defender so no one could really see him.  After initially seeing him I looked straight ahead from that point on.  My heart was pounding.  It was so very overwhelming to see him this way.  As much as I was glad he was there, it broke my heart.

    The judge announced Mark's case.  The state attorney, who was at the table in front of us, explained that the City's charges were different then my case.  They also informed the judge that he has been held without bond.  The judge then turned to the the public for his comments.  The public defender told the judge that he felt the City of Riveria Beach charges should be thrown out.  "Their probably cause was flimsy at best," he said.  The judge said, "I tend to agree with you.  But, I'd like to hear from the victims."  The state attorney told the judge, "Mr. Walter's spouse, Diana Walter, and his son-in-law, Chris Barrett, are both present, your honor."

    The judge addressed me and asked what impact what Mark did had on me.  I told him that I was in fear for my life.  I explained that I truly believe if he had not been incarcerated that he most likely would have carried out at least one of the many threats on my life he had made.

    Next, I explained about how he killed my parrot the night I left.  I also told him about his brother Grant killing his wife and then killing himself after she had filed for divorce.  I finished with telling him about his arrest in 2003 when he impersonated a police officer and stole jewelry out of a person's car.

    The judge intently listened to everything I was saying.  Then he said, "So, he has been treated for a mental condition in the past?"  I explained that we had seen a marriage counselor back in 2003.  The doctor had diagnosed him as bipolar and manic.  I explained that he had been been on meds for a short time, but quit taking them within a year of his probation.  In turn, he started to self medicate again with alcohol and drugs.

    I could see Chris every once and awhile look over to see if Mark was reacting to anything I said, or what the judge said.

    The City of Riviera Beach police had only used two of the transcripts for their probable cause.  There were actually 10 recordings left at our company.  The judge then started to read the transcripts in his hand.

    After a very long while he turned to Mark's public defender.  The judge said, "Though I agree with you that the probable cause is thin, after hearing from the victim and reading these transcripts, I have to tell you this is very scary stuff.  If you will agree to allowing us to do a complete forensic psychiatrist exam then I would be willing to grant bail."  The public defender said, "No.  I am maintaining that the evidence doesn't warrant Mr. Walter to be charged with anything."  The judge repeated again, "I am telling you this is very scary.  I will not grant bail if he does not agree to a forensic exam."  Again the PD said no.  For a third time the judge asked again.  For the final third time the PD declined the offer.

    The judge said, "Well, I am still going to demand at least a psychiatrist see him.  But, since you are refusing my request, Mr. Walter will continue to be held with no bond."   The judge then hit his hammer and that was that.

    In hindsight, the PD really had no reason to accept the judges offer.  Mark was already being held on "no bond" for my case.  So, even if he complied with the judge and received bond for the City of Riviera Beach charges he could not get out.

    As Chris and I left the courtroom the state attorney met us at the door.  She gave me a hug.  She told us she was so glad we were there.  It was apparent that had we not come and given the history, the judge may have thrown the case out.  Chris and I also told her what was going on with Kristin.  The state attorney told Chris that she would like Kristin to make an appointment with the Victims Services where I go for counseling too.  They provide counseling for all family members of domestic violence victims free of charge.  Chris said he would talk to her about it.

    Detective Rott escorted us to our car and Chris and I drove back to work.  We talked about it with the guys at work, but were very quiet for most of the day.  Seeing Mark like that was disturbing.  It was heart wrenching to be quite honest.

    Neither of us discussed what happened at all at home.  Kristin is adamant that we do not discuss anything about the case with her, or anything he has done.  So, the rest of the night was pretty quite.  For the rest of the night I was both relieved and very sad.


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