Today there was another hearing today the public defender had asked for. Jenica, who is the states attorney was on maternity leave. I had her replacement there to represent me. The public defender was going to try to get Mark bond again. Short of that she was at least going to try to get him moved back to the general population in jail and privileges back to call her.
I had to see him while I was there. Mark sat over with all of the other prisoners. He kept looking at me throughout the hearing. I kept moving so the person in front of me blocked his view. I don't want to see him and I don't want to give him the opportunity to see me. He scares me.
The judge refused the bond again right off. But, he did allow Mark the privilege to call his public defender from jail. I really had no problem with that, The only reason he didn't have it anymore was because when he fired his attorney he didn't have one yet. So, in the meantime he had no phone privileges at all. The judge denied any ability to call anyone else. The public defender then asked the judge to allow Mark back to general population and out of solitary. The judge told her that he had no authority over the jail system. The jail puts inmates in restricted areas when phone privileges are denied. They don't have the man power to have a guard on one inmate 24/7. The only thing that came out of the hearing was the ability for Mark to call his attorney. It was quite the waste of time.
The states attorney approached the public defender after the hearing and made an deal offer to Mark:
- 2 years in prison (with time served it would be around 18 months)
- 3 years probation upon release - 1 year with a monitoring device
- No alcohol, or any type of drugs (including marijuana) are permitted
- Mandatory psychiatrist visits are required and all prescribed medications ordered by them must be taken
- Drug and alcohol tests will randomly be administered monthly - including testing to make sure he is taking his new meds
- A restraining order will be in effect for all additional victims (Chris, Pat and Joe) from the time the prison sentence starts until probation ends. They may not be contacted by Mark, or a 3rd party on Mark's behalf. Also, Mark come within 100 feet of them, or try to reach out to them via a 3rd party until his probation is revoked. There restraining order ends when/if he completes probation. Mine is forever.
The states attorney came out into the hall after making the offer. He said the offer was refused. He then told me the public defender told him that they would accept the offer if Mark didn't have to do any time. He told her that there what Mark did was criminal. There was no judge that would let him off without doing time. The maximum is 5 years. He had offered Mark a gift. Now he stands to do the full five less time served. It's his life, but I think he's made a big mistake.
The states attorney came out into the hall after making the offer. He said the offer was refused. He then told me the public defender told him that they would accept the offer if Mark didn't have to do any time. He told her that there what Mark did was criminal. There was no judge that would let him off without doing time. The maximum is 5 years. He had offered Mark a gift. Now he stands to do the full five less time served. It's his life, but I think he's made a big mistake.
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