I am awarding Judge Collins the prestigious Ultimate Douche Bag Award for berating and then incarcerating a sobbing domestic violence victim for failing to appear in her courtroom to testify against her wishes during her attacker’s trial.
The victim, a Sanford, Florida woman, was allegedly attacked by her baby dadda who was charged with domestic violence by strangulation for choking her in front of their one (1) year old baby and at some point grabbing a kitchen knife. It is alleged that he (the attacker) has a history of domestic violence (although it is unclear whether that is with the same victim) and that she (the victim) refused to cooperate with the State in it’s prosecution.
The day of trial came, the jury was there but the victim was not (choosing instead to ignore her subpoena to appear for trial) and that forced the case to close in a manner which was unfavorable to both the State and, apparently, to the Judge as well (the Defendant received a reduced sentence of sixteen (16) days in jail). In response to this the State (which presumably seeks to support it’s victim) filed a Motion seeking to have it’s victim held in contempt, in fact had her hauled in front of the Judge and she was then found to have been in contempt for her willful failure to honor a court order (the trial subpoena)…
The exchange reportedly went like this: The victim told the Judge that she did not wish to be a witness in the case. She said that she was under stress, suffering from anxiety and that she had tried to drop the charges in an effort to move on with her life. She indicated that she had been attending a therapy group that supported her decision but that her request of the State Attorney was denied. Said Judge Collins: “You think you’re going to have anxiety now? You haven’t even seen anxiety. We had a jury – six people there – ready to try [the accused], who has a prior criminal history of domestic violence.” Said the victim: “I’m just not in a good place right now”. Responded the Judge: “And violating your court order did not do anything for you. I find you in contempt of court. I hereby sentence you to three days in the county jail.” At which point the victim screams and cries: “Please! I’ll do anything!”. Judicial silence…..
Yes, some domestic violence victims are so traumatized that they cannot think with reasonable regard for their own interests, but this is not true of not all, and in my experience, not even “most”. Most folks want to get on with their lives regardless of an isolated and forgivable interpersonal incident. ** NOTE that I am not, and I do not, condone domestic violence. Rather I completely agree with Captain Picard when he says that:
But I also believe that the government – specifically the State Attorney’s Office – routinely oversteps and fails to consider the wishes, needs or desires of those whom it purports to represent and serve.
Memo to the Folks: In Florida victims of crimes have rights, both constitutional (s. 16, Art. I of the Florida’s State Constitution) and by statute (see: Chapter 960 Florida Statutes). Still, in Florida, the State Attorney is empowered to bring criminal charges to bear on behalf of all of the people of the State, the victim being only one of those millions of people (albeit usually an important one to the success of their case). If you want to increase your odds at having the State pursue your interests then you can hire your own criminal defense lawyer to serve as your Victim’s Right’s Advocate. Again, no one can control what the State does on behalf of the people, but you will increase your odds at achieving a favorable outcome if you have an effective victim’s rights advocate pursuing your agenda. Many criminal defense lawyers serve as effective victim’s rights advocates. Click on the YouTube link below to watch Michael A. Haber, P.A.’s Webisode on Crime Victim’s Rights in Florida.
https://www.youtube.com/c/michaelhaberlaw / http://habercriminallaw.blogspot.com