My Case: Part Three: The ACD

Yesterday, May 25th, 2006, my lawyer gives me a call to let me know that the DA has offered a deal called an ACD. ACD stands for "adjournment contemplating dismissal". Basically, this means that if I don't get arrested for 6 months, they would dismiss the case. My lawyer describes it as "if you were never arrested." Most people would take such a deal. It expunges all records and you can act as if nothing ever happened. However, I am not most people and I did refused the offer.

The problem with an ACD is that it treats me as if I did something wrong and they are trying to give me a way out or some sort of leniency. Well, I didn't do anything wrong. I didn't tell the cops to stop abusing a young man for no reason. They were brutalizing a young man - reason enough!

So my lawyer is basically telling me about the ACD and it's merits. He's not really trying to persuade me or sell me on the ACD. He just knows that my family and I want this to be over and done with. So, he's trying to sugarcoat it for me - make it easier to swallow. But, at the same time, I am no idiot. I know there's a lot more behind the ACD than what I am being told.

Besides the fact that an ACD is almost like a guilty plea, it also acts like a probation period. If I were to get arrested in that 6-month time period, they would be free to bring the case back up. With the stigma of accepting an ACD, I am almost guaranteed to be found guilty on all charges. I can see the judge asking me, "If you did nothing wrong, then why did you accept an ACD?" I won't be able to give a "good enough" answer to that question. Maybe I am a bit paranoid. But, this is still America and a man with my complexion doesn't get the luxury of being believed especially over white officers.

So, NO! I won't be accepting anything less than a complete dismissal.

But, there is even more behind the ACD. If I take this deal, I get to act as if nothing happened. I get to go back to the way things were. But, a lot happened. I had 24 hours of my life taken away. Those officers DID abuse that guy. They knocked three teeth out of his mouth, swelled up his eye, and that's just what's visible. So, how can I act as if nothing happened? How can I act as if things are back to the way they were? If I took the ACD, will that boy's teeth suddenly come back? Will the mace suddenly go back into the officers can? Will I get my 24 hours back? Will I get the money I spent on the lawyer back? Nope!

So, I got to thinking. The DA did get a chance to speak with this officer finally. The way these people made me out to look in their police report, the best they can come up with is an ACD!?! Shit! Allegedly, I was HANGING out of my window, I started a frigging riot, and I assaulted an officer of the law. They offer me an ACD? Yeah.. fuckin.. right! It sounds more like they are interested in sweeping me under the rug so no one could ever hear about what really happened that day. It's not like I need a whole lot of proof in the matter - just ask the guy they beat up to smile.

ACD is the perfect "get rid of a nigger" ticket they can use. My lawyer even told me they don't give ACD's out that often. If they got you, THEY GOT YOU! They aren't making deals. If they don't, they don't. They let it go! But, in cases like this where it can be far reaching, they make these kinds of offers. They know I am no dummy and they know the shit they said won't stand up against me. This is like chess to me right now! Their offense is too weak and their defense has too many holes. But, I never strike until I see a strategy form. Right now, I put them in a funny position. They can either tip the king - offer the dismissal. Or, they can try to move elsewhere - take it to trial and hope for the best.

We'll see!

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Update on my case. Part 2

Oh well. The so-called officer did NOT show up to the court room. The assistant district attorney has been trying to at least investigate the case which is a good thing but this officer is obviously NOT cooperating. Since it's not some big trial, they had an adjournment until next week on the 31st. At least my lawyer won't be charging me for the next appearance. LOL. So that's what happened.

Here are some more interesting parts. My lawyer spoke with the ADA and she seems to want to move to dismiss the case and call it a day. Honestly, in my opnion this is their best choice in the matter as if they tried to prosecute me, it would involve a lot more trouble for everyone in the matter. Also, I think the officer senses this and doesn't want to bother showing up. Or, maybe, as my lawyer mentioned, he's scared of coming in and having to go up against me. That one made me laugh. With the audacity and luxury of protection NYPD officers enjoy, why would he be afraid of me? I smell PUSSY!

On a side note: The ADA is fuckin cute! LOL. Hey, I am a man; let's leave it at that. She's got this serious face and she's so hardcore about her job. I hate that I have to go up against such a pretty woman. But, I do consider her an enemy of sorts. But, she's still cute. I even smiled at her when I saw her and I was trying to put on my game face. I know when I get my chance to talk and tell what happened, I'll be on point. But, as far as she's concerned.. let me keep it quiet.

Lastly, after everything is said and done, I am going to find that kid, Clinton, and try to get in contact with his lawyer. At least it would make things a bit easier on him if I could come in and be a witness for him. It's his case that's really important. It ain't about me at all. My case is small and most likely going to turn into a fine at it's worse. They are already talking dismissal so I think I have a little leeway to relax for now. His case is where the magic is going to happen. Dude may not be my friend or family but I ain't gon let him down! He might be a dumb ass and a criminal but everyone's got a story and he don't deserve to be railroaded like that.

I found this quote online and I thought it perfectly fit. Excuse me for trying to play a "leader"...

The death of democracy is not likely to be an assassination from ambush. It will be a slow extinction from apathy, indifference, and undernourishment. - Robert M. Hutchins

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Update on my case!

The case is tomorrow. In case you have no idea what I am talking about... What you in here for? I am very anxious about it! But, let me fill you in on something that happened about two weeks ago. On Wednesday, May 10th, my lawyer got me a meeting with the assistant district attorney who was assigned to my case. Supposedly, this is a big issue because normally you don't get a chance to speak with the ADA. Obviously, all she has to go on is the police report which is just rife with lies and impossibilities.

Anyway, I told my story. The ADA then tried to question me. She asked..
Did you see anyone else there?
I didn't see anyone because of the way I was positioned at the window. However, I did hear some screaming and what not to my left!
What were they screaming?
I couldn't hear exactly what it was but it was in reaction to the police beating up on the boy.
Did the police have a problem getting out of the area?
No. They pulled out with no problem when they were behind my building. And, they pulled out with no problem when they were in front of my building.
Where was I at the time of the other person's arrest? I
was watching the entire thing from my bedroom window on the second floor!

It's obvious at this point she's looking to support their allegation of inciting a riot. But, I don't plan on being that easy. I had to make sure she understood the timeline of events because I can tell if, or when, we get into court, she would try to make it seem like I caused those people to act up! And, according to the police report, I was hollering and screaming out the window when they pulled up.

So, my lawyer wants to concentrate on another issue of the report which just knocks me down! The officer claims that I "dropped" something on him. No one knows what this object was but it was the size of a "baseball". However, there's no charge for assault or attempted assault nor was there any evidence collected. I can see the ADA foaming at the mouth on this one. The pictures show that it would be impossible for me to "drop" anything as there's a 13 foot fenced-in yard under my window. She's all of a sudden changing the word "drop" to "throw" and "toss". All I can do is sort of smile and laugh at the whole issue while thinking, "This bitch is dirtier than the damn cop! She's trying so hard to get something! She's literally changing the FALSE facts of the case to suit her needs."

Anyway, we're done with the Q&A session. She decides to go to her supervisor and talk about it. She comes back 5 minutes later saying they will consider it and get back to us before the case. I should have just stayed home if that was going to be the case.

Well, tomorrow is my case and she hasn't gotten back to my lawyer as yet! I just spoke to my lawyer and he says that he would call her and try to find out what's going on.

I am just really anxious to hear what the judge will do or say when everything is finally presented and in the open. I wonder if the police involved will even have the courage to show up.

I will keep you guys posted!

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