A Day in the Court

[H2O Man]

Today’s court session in the “road rage” incident that I’ve been writing about on DU:GD since October 27, 2014 went well. Due to scheduling of witnesses -- some are involved in other trials elsewhere in the state -- there was not a full day. In a way, I think that works out for the better, simply because yesterday was so emotional, that people are drained.

More, tomorrow morning will focus primarily upon my second-cousin’s autopsy. In the afternoon, the defendant is expected to take the stand. And so it is better if folks have some time to both process what they have heard yesterday and today, and try to get rested up for tomorrow.

Today’s witnesses were all members of the NYS Police. Some are regular State Troopers; some criminal investigators; and some crime scene analysts. Each and every one of these men and women provided important documentation that will help convict the piece of sludge that shot my cousin and his son. If the defendant ever believed they would cover for him, because of his background in law enforcement, today was a rude awakening.

One of the issues the defense attorney raised yesterday, while cross-examining my cousin, was that he told news reporters (on 12-5-14) something that was not in his statement to police, taken shortly after he came out of emergency surgery. This was that the murderer had stepped up behind him, as my cousin was holding his son as he died, and put the pistol up to the back of his head, and pulled the trigger. However, the gun jammed.

My cousin had told me that, the day after he was shot. More importantly, he had told a woman who was attempting to aid him and his son, before the ambulance arrived; she testified to that yesterday. Today, a police gun expert testified that the 4th bullet was found in the chamber, as it had miss-fired.

Had it gone off, the murderer would have left no living witness to his crimes. What would have been a double-homicide would very likely have remained unsolved.

I was able to have a good conversation with the DA before court today, and with the Judge after court had ended for the day. And I spoke with several of the investigators. Also, I did see a couple of the autopsy photographs. I definitely do not want my cousin or his daughter to be exposed to these photographs tomorrow …..nor his three sisters, or his parents. Or, for that matter, my youngest daughter, who is attending the trial with me. I see absolutely no benefit in that, and a heck of a lot of damage it would do.

For that matter, I’m not looking forward to sitting in the court tomorrow. I’m lucky that a few of my closest friends are attending court, not only to provide support to my extended family, but to be there for me. It helps me to keep in mind that people are good. This thug is the exception, who represents human kind’s worst potential.

I also definitely appreciate the good people here in the DU community, who continue to provide support to me. I wasn’t able to respond to those who commented on my OP from yesterday, but I did read and enjoy every comment. But I am really exhausted, and am feeling pretty sick to my stomach.

I’ll be back here tomorrow. Until then, keep on fighting the Good Fight.

Peace,
H2O Man

[moonbabygo]

1. my heart is with you

I wish I could take away the pain, but I have no words

[H2O Man]

9. Thank you.

You help me deal with the pain. I appreciate that.

[NV Whino]

2. Thanks for the update

We are there in spirit for you.

[H2O Man]

10. Thanks!

I find myself thinking of the DU community as I sit in the court room. It's not the first murder trial that I've attended ....in fact, I've been in that same court for a murder trial in the 1990s. A 15-year old girl stabbed a 17-year old boy to death, because he was breaking up with her. She killed him in the village of New Berlin, NY, as they were walking to school.

Anyhow, I like that I friends there in person, and a lot of Good People that are from the DU community, supporting me as this process unfolds.

[pacalo]

3. Piece of sludge is indeed what that monster is.

Peace & strength be with you & your family, H2O Man.

[H2O Man]

11. Right.

I try to never judge anyone, based upon "looks." But this guy is ugly -- the hatred inside him has poisoned his outside appearance. And he looks like sludge.

[Gregorian]

4. Sending healing thoughts for all.

What an absolute nightmare.

[H2O Man]

12. Thanks, Friend!

It is indeed a nightmare. An absolute nightmare.

Yet I see the Goodness of people -- not because of the violence, but in spite of it. That includes I have been humbled by the outpouring of Good Will since the day of the incident.

[ProudToBeBlueInRhody]

5. Wow, he's taking the stand?

That explains why he went for the judge instead of jury. My guess is the majority of nine people would be spitting on him as he walked to the stand by now.

I guess he thinks he can convince one judge he's not a complete psychopath. I think he's in for a very rude awakening at how harsh judges can be when they realize someone thinks they're stupid.

Stay strong. Look him right in the fucking eyes for all of us. You know, and WE know what this POS did.

[H2O Man]

8. Thanks.

You raise important points. We have an imperfect justice system. And some people are confident of their ability to manipulate it. I think that the thug's experience as a NYC police officer, and then a campus security and eventually a guard at the county jail, created a false sense of "knowing how the system works, and can be worked." At this point, he must be somewhat aware that the system poses a very real threat to him. And, as sociopaths are prone to do, he is going to try to lie his way out of this tomorrow on the witness stand.

Regarding eye contact: he and I have had a few "stare-downs." I have had practice in this. For many years, as a psychological social worker, I focused on forensics. In that time, I encountered a few true sociopaths -- and I don't use that term lightly, or intending the current, common (mis-)usage of the word. There were times when prolonged eye contact became sort of a contest, on some level.

As a youngster and young man, I competed in the sport of boxing. I had 329 fights. And I was good enough to be featured in a boxing magazine at the age of 13. During what is known as the "referee's instructions" -- and at other related times -- I had plenty of opportunity to master the old stare-down. So I am glad that you mentioned this.

[gratuitous]

29. That occurred to me, too

In fact, I was wondering if this was a criminal action for a moment: What defense attorney is going to let his client go on the stand in a murder trial? But it's probably all of a piece for the defendant. This is a guy who doesn't have any regard for anyone else, believes himself smarter and better than everyone else, and probably thinks he's more than a match for the combined efforts of the prosecutor and the judge.

I hope he's prepared to be disappointed.

[ProudToBeBlueInRhody]

33. He sounds beyond all reason

I bet he's demanding to take the stand.

But it sounds like he has no other defense. No evidence nor witnesses on his side, no forensics in his favor. He's fucked from what I read here.

[trof]

6. Words fail.

I'll try anyway.
Outrage
Frustration
Revenge
Yes, revenge
Punishment
crap

[H2O Man]

13. Yep.

It has been very difficult for me to discuss this. And I think that everyone in our DU community is aware that I am rarely at a loss for words. Usually, I write long essays here. But the ones on this just don't flow .....as our wonderful friend Peggy (from CA) noted, she could see the strain in my essays about this case.

The words you cite have all danced inside my head. There are times when the person that I used to be starts warming up inside of me. While I try to be non-violent in thought and action, and have done so for decades now, I still find myself feeling and thinking in ways that are what I used to be.

But I will refuse to allow this sludge to contaminate me for an extended time. I know that my family's experience is one that thousands of other families experience in America today. At some point, the hatred has to stop. I hope that I can be strong enough to be a participant in change in this land.

[CaliforniaPeggy]

7. Peace be with you as well, my dear H20 Man...

I am so very grateful to you for supplying us with these important updates. Since many of us cannot be there except in spirit, you are filling in the important testimony for us.

It helps us understand what 's going on and it allows us a window through which we can send you our love and support.

And it does sound as though the trial will go to a fourth day. This will be tough for you to get through, but I'm sure the expected outcome will hopefully make it worthwhile, if anything can.

I hold you and your family in my heart.

[H2O Man]

14. Thank you, Peggy!

My extended family members have made mention of your post on Face Book. They thought it was so nice, when I told them how we have become friends. Know that you support is felt by all of us, and is greatly appreciated.

For that matter, everyone in our DU community is enriched by your being here. You are a very special person, and one day, I hope that I can repay your kindness. You have the gift of gentleness, and Paul's cousin -- Tadodaho Leon Shenandoah, noted that gentleness is the greatest of human strengths.

[CaliforniaPeggy]

16. Oh, thank you, my dear H20 Man...

Anything I can do to lift your burden, and I do mean anything, I will do.



I have never had the pain you're suffering now, in my life, but I have known pain. And I understand what it can do to one's spirit...

Just read my sigline...it will tell you what motivates me.

[H2O Man]

20. You are The Best!

You have a real gift. Thank you for sharing it with us.

[rurallib]

15. our best to you.

keep up the courage.

[H2O Man]

18. Thank you!

I appreciate it!

In the early evening, my younger son and I were able to spend some time with my cousin. We looked through some Indian artifacts from our region. It was a welcome break from the trial.

[malthaussen]

17. As a young friend of mine said years ago...

... carry on, 'tis the only honorable thing to do. The good part is that this shouldn't take long, with no jury to play to.

Peace, my friend.

-- Mal

[H2O Man]

19. Thanks, Buddy!

[mak3cats]

21. I wish your cousin, you, and the rest of your family...

...the strength to bear all of this, and hopefully some semblance of peace when it is all over.

[Scruffy Rumbler]

22. Peace to you....

[Liberal Jesus Freak]

23. How I wish...

All of your DU friends could be there with you to give you hugs, strength, love, power. But you know we're with you in spirit

[annabanana]

24. Deep sleep to you...

Sounds like you could use it.

[They_Live]

25. My thoughts are with you and your family.

Wishing for the best outcome.

[blm]

26. ((Waterman))

.

[antigop]

27. wishing all of you the best. Take care! nt

[sinkingfeeling]

28. It must be nearly unbearable to you and your family.

[midnight]

30. I hope this struggle will be eased for your family soon.

[Dont call me Shirley]

31. Courage and Strength you have H2O MAN. I wish you more for the coming days...

[FailureToCommunicate]

32. Rest now, to witness well tomorrow.

Courage H20 Man

This is a bit too close for me to offer much more than strength for you.

-F2C

[Solly Mack]

34. You're in my thoughts.

[lancer78]

35. How the heck

Can you talk to the judge over-seeing the case after court. If the defense discovered this, I would think they would be entitled to a new trial/appeal as you are a family member of the victims, and the defense could say you were trying to influence the judge.

[A HERETIC I AM]

38. That is....

a VERY good question.


Not a good idea to post such a thing on a message board, to be sure.

[rug]

39. My question as well.

Particularly when the judge is sitting as the sole fact-finder.

[H2O Man]

42. We didn't discuss

the case. We discussed family matters.

[Warpy]

36. Think carefully about shielding your nearest and dearest

All my parents said to me was "closed coffin," but little pitchers (even 16 year old ones) have very big ears and I'm not certain the reality could have been any worse than what I overheard and then tried to picture in my head.

Do ask them.

Other than that, I hope this is over quickly and that maniac is off the street.

[hopemountain]

37. ...

peace courage strength and justice for a your cousin, nephew and family, h20man.

burning the sage and cedar daily until after sentencing. just so you know.

[rug]

40. What defense is he raising?

[H2O Man]

43. Self-defense

He is claiming he was attacked.

He had told people initially that the two had been stalking him. The NYS Police taped his visit to their HQ; he wants the tape kept from being introduced.

As you know, if he makes false claims today, it opens the door for the DA to bring this and his prior road rage incidents in.

[rug]

44. The judge should have already ruled on the admissibility of the tape.

The biggest danger to a defendant testifying is that he may open the door to all sorts of impeachment. I see why he waived a jury.

Good luck today. I've never had to sit through a trial where someone close to me was a victim. My thoughts are with you and your family.

[H2O Man]

45. Right.

The prosecution did not bring it in during their case. However, the defense starts their case in the afternoon. If they open the door, evidence that was not allowed in during the prosecutor's case, may be allowed in to document inconsistencies (lies). That is, of course, not uncommon.

[tblue37]

41. KnR. nt

[Sensitive soul]

46. In this post

I can feel your emotion and how it is affecting you. Stay strong. It will be over soon. Thoughts are with you for today.

[lapislzi]

47. Keep the faith, H2OMan

Your DU family has your back

[lasttrip]

48. NGU.

Peace to you and your family.
LT

[voteearlyvoteoften]

49. With you in heart and mind

Your family too