The prosecutor wasn’t ready for the competency status hearing and our chosen attorney advised us to not go to the hearing. I listened to him. What was I thinking???? What’s really going on?????????

On June 21, 2013, we received the following email:

Dear Mr.

Enclosed, please find a copy of the Notice of Hearing. As you can see, your Competency Status Hearing is set for July 9, 2013 at 10:00AM in front of the Honorable  at the————, ————, Courtroom —, Orlando, FL 32801.  You must be present.  Please make sure you arrive at the courthouse thirty (30) minutes prior to this conference time.  Also, please dress in appropriate business attire.  Should you have any questions, please call our office at the number listed below.

The Chosen attorney decided to go continue with incompetent to stand trial defense. He never tried to build a defense strategy. As you can see from my previous post, there were incompetency hearings, continuations and cancellations. A lot of these hearing, we weren’t even aware of. However, this hearing(July 9, 2013) was to determine if my son was competent for trial. The well-known doctor for our defense was to be present along with the prosecutor’s doctor. If he was found incompetent to stand trial a number of things could happen including waiting until he was competent and a dismissal.

This is the strange but true story of that historical day:

We made hotel arrangements to be in court. I couldn’t afford to fly so we decided to drive and take along his 2 younger brothers for moral support. At that time , my son was 22 years old and this case had been looming over his head for 2 years.

When we arrived at the hotel on 7/8/2013, I received a phone call from our chosen attorney. We had just walked into the room when the call came. I was tired and exhausted from the long trip. Sitting for such a long period of time is taxing on my body. I previously had 2 hip replacements, one successful-one not successful.

If I had been thinking correctly, I would have never agreed to our chosen attorney’s proposal.

The chosen attorney called and told us that the prosecutor wasn’t prepared for the hearing. He said that the prosecution’s doctor would be unable to make it. He advised that it would be best if we rescheduled the hearing for another time.

At first. I was skeptical about not attending. We had traveled so far. I had taken off from work. The hotel, gas and food put a heavy dent in my finances. I was tired and confused.

He then went on to say that even if we show up, the judge would probably postpone the hearing allowing the prosecutor time to get their doctor.

Every time I tell this story, I break down in tears.

I become an emotional wreck.

How could I be so stupid?

What was wrong with me?

What was I thinking???

It should be a criminal defense attorney greatest joy for the prosecution to not be ready. We were already in Florida. What did we have to lose by going to the hearing???

The judge could have said that it was not our fault that the prosecution was not ready. She could have dismissed the case. She could have gone with the defense’s doctor’s recommendation. She could have done a number of things including postponing the hearing. This whole ordeal could have been over in July 2013.  We would never know because we turned back around and went back to Alabama.

That was the worst advice that our attorney could have given.  This was the worst thing that I could agree to. My son depended on me to make decisions. I made a bad decision. A decision that I would always regret.

Later I tried to figure out what possible reason he would have to advise such a thing. The only thing I could come up with is that the chosen attorney was in cahoots with the prosecutor. It seemed as though everyone is afraid of the prosecution. They obviously run the Orlando Court System. I had complained to him numerously about feeling that the prosecutor was being vindictive. I think he told her. It should also be noted that right after this hearing, the prosecutor withdrew from the case.

The other reason that I could think of is that maybe the prosecutor’s doctor did not want to go against our doctor. Remember that the judge has a high regard for our doctor. Is it possible that the doctors did not want to contradict each other?

Also, when looking at the register of actions, it appears that the hearing still took place. I have been unable to get minutes from that hearing but I am still trying. Wouldn’t that be something if the hearing took place and we were not present even though we were in Florida.

Wouldn’t that be something!!!!!!!!

There was also A COMPETENCY HEARING ON 9/25/2014 THAT WE WERE NEVER TOLD ABOUT. THEN ON 10/7/2013 THERE WAS AN ORDER ON THE COMPETENCY HEARING.

Please see below.

10/07/2013 Order

On Competency and Notice
09/25/2013 Competency Hearing  (1:30 PM) (Judicial Officer ———-)
09/10/2013 Notice of Hearing
08/21/2013 Notice of Hearing
08/19/2013 CANCELED   Competency Hearing  (11:00 AM) (Judicial Officer———-)

Cancelled
08/15/2013 Notice of Cancellation
07/31/2013 Notice of Hearing
07/09/2013 Competency Hearing  (10:00 AM) (Judicial Officer ————–)
06/17/2013 Notice of Hearing

On the following day, 7/10/2013, the was a terrible accident that almost cost us our lives. Could things get any worse?? My next post will be an article that I wrote for my company newsletter about that accident. It was an accident that truly affected myself and my sons, especially my oldest son.

My old and new followers, please remember to scroll down to the first post on 6/18/2014 and read upward. This will bring you current to the events at hand. We are almost to present day. Once again, thank you for your continued support.


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