Last week my attorney sent out subpoenas to me, Kindergarten Cop Eric McCain, and Horseshoe Bend kindergarten teacher Beth Shaw to appear in court at 9 a.m. this morning. Well, I was there....and that was it. The cop and the teacher didn't show and as far as I know didn't alert the court to the fact that they would not be there. As a result we didn't get to argue the motion.
I asked my attorney whether or not we could request failure to appear warrants for both McCain and Shaw....we know this is what happens to non-government employees when they fail to appear in court. He said yes, we could, but declined to do so. I didn't press it. He likely knows my heart might physically burst from joy at seeing Beth Shaw and Eric McCain in handcuffs....and he wants me to remain alive long enough to see this thing through to the end.
From what I understand my case will come up before Judge Ray Martin on April 9 and we will argue the suppression motion at that time....or possibly something will be worked out before then.....like the state could drop the charges.
One strange thing did happen though. As I was sitting and waiting for my case to be called the former prosecutor, turned defense attorney, turned back prosecutor walked by and said, "Hey Loretta". I returned his greeting and commented on his return to the 'dark side' of prosecution. He laughed and said he wasn't up here much and started to walk away. Then he came back and leaned down and said, "You should go and see my boss sometime (the D.A., E. Paul Jones) and talk to him about getting a drug court and pre-trial diversion here."
I said I had heard that Mr. Jones was supportive of such things and that when I got all of this mess cleared up I would go by and talk to him.
When I mentioned this to my lawyer he thought the guy must have meant that I should take a pre-trial diversion instead of take it to trial. I told him I didn't think that was what he meant because, I can't really legally go in and talk to the DA while he is prosecuting a case against me. That would be ex-parte communication or something like that. If I were representing myself I could talk to him but, since I have a lawyer, I can't.
Looking back, I am not sure if the Asst. D.A. meant I should go and talk to the D.A. about pleaing out and going through pre-trial diversion, which I have no intention of doing and that is a well known fact to this particular prosecutor, or if he was telling me that the D.A. is interested in my work and wants to discuss with me how to keep non-violent drug offenders out of jail. I am hoping for the latter and leaning towards the latter because talking to the D.A. directly would not be legal and I don't think the Asst. D.A. would tell me to do something illegal.
If this turns out to be the case, then I would say that would be a huge reward for me. All of my efforts in fighting this case and and my activism pushing for real drug policy and prison reform, my campaign for Governor, my constant media presence and my relentless and tireless pursuit to bring common sense into the Alabama judicial system will be well rewarded by me being able to influence a drug court in this county.
I do believe I have gained the respect of mine enemy and that is a major step if real change is ever to be had.
