My son was approached from behind and struck in back of the head. He stood his ground and pushed and wrestled the assailant. Hes now being charged. This took place in a public school. The victim claims she was "chocked out". In the photos the marks are 4 perfectly spaced scratch marks that run in a vertical position. The event took less than 5 seconds. She "woke up" and ran out of the class room. No one can account for her whereabouts for @ two minutes. We asked for a motion for discovery for all evidence. He was assaulted in 2011 at the same school by a female weighing @ 200 lbs, in front of staff and absolutely nothing was done. In fact, he was removed from class, not her. My son is 5ft 3in and weighs @115lbs. Since the 2011 sssault he is now the victim of constant bullying from females because the school did nothing about tne 2011 incident.

If this is actual criminal charge, ( not just school charges) you hire them the best attorney you can. He gets witnesses that saw her attack him first. But the issue there, is did he use too much force to end the attack.

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Originally Posted by Fr_Chuck

If this is actual criminal charge, ( not just school charges) you hire them the best attorney you can. He gets witnesses that saw her attack him first. but the issue there, is did he use too much force to end the attack.

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He never hit her. Wrestling. She entrrrd into a clamassroom that she was tegistrrd yo be in. My son had supposedly made a comment about hrr height to weight ratio. She came in he turned away to ignore/avoid her. She stateed"dont turn your back on me", and struck him. He turned and pushed, she grabbed his clothing and they fell towards her backside to the white board. She returned with the same mption when up against the board and my son had a hold of her clothing. They spun and she hit the wooden desk as did my son. She laid down and cryed, got up and ran.

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Originally Posted by Eddie monroy

He never hit her. Wrestling. She entrrrd into a clamassroom that she was tegistrrd yo be in. My son had supposedly made a comment about hrr height to weight ratio. She came in he turned away to ignore/avoid her. She stateed"dont turn your back on me", and struck him. He turned and pushed, she grabbed his clothing and they fell towards her backside to the white board. She returned with the same mption when up against the board and my son had a hold of her clothing. They spun and she hit the wooden desk as did my son. She layed down and cryed, got up and ran.

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Sorry about the lack of typing skills. Anyway, we have a witness to tne 6/7/12 assault. She can testify that Destinys story is not exactly true. Destiny caims my son chocked her twice, and that on the second chocking she paased out. We've been to court. Attorney tried to get to take a deal, court stock attorney. He told us Michigan law was"quite different thanFlorida law, that he had a duty to retreat. He showed us 1 photo, no blood shot eyes no bruising, just four perfect vertivcal scratches on theleft side of her neck. Thats it. No hoarse voice, she later screamed "I'm going to kill you!" @ 2 minutes later when they met at the office door at the same time. The school has a structure in the middle that the layout is planned @. They use it for indoor track. Anyway, after the incident some boys had some words with him, threatened,his life. Then the teacher came in, grabbed one the threatening boys and used his testimony to report to the vice principle, he made a cal

I know I can subpoena just about anyone, I've done it many times. My question is, can I file a motion to have a questionare reviewed and authorized by a judge and question those individuals, myself, on my sons behalf? Can the schools attorney object to my line of questioning? Would this be an Examination, Deposition, or Hearing?

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Originally Posted by Eddie monroy

I know i can subpoena just about anyone, ive done it many times. My question is, can i file a motion to have a questionare reviewed and authorized by a judge and question those individuals, myself, on my sons behalf? Can the schools attorney object to my line of questioning? Would this be an Examination, Deposition, or Hearing?

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You can file a Motion for just about anything and everything. Whether it will be granted remains to be seen.

Why would you want your questions to be reviewed and "authorized" by a Judge? Why not just subpoena people and ask them questions?

If you represent yourself, yes, you can do the questioning but the Judge (or the other Attorney) will insist that you absolutely comply with the law.

In my area it's an Examination Before Trial, also called a Deposition. Usually (again, in my area) the EBT is attended by Attorneys from both sides and there is cross examination. That is not necessarily the case when it's a Deposition.

What is the case about?

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Originally Posted by JudyKayTee

You can file a Motion for just about anything and everything. Whether or not it will be granted remains to be seen.l

Why would you want your questions to be reviewed and "authorized" by a Judge? Why not just subpoena people and ask them questions?

If you represent yourself, yes, you can do the questioning but the Judge (or the other Attorney) will insist that you absolutely comply with the law.

In my area it's an Examination Before Trial, also called a Deposition. Usually (again, in my area) the EBT is attended by Attorneys from both sides and there is cross examination. That is not necessarily the case when it's a Deposition.

What is the case about?

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My son has been falsely accused of assault and battery.This happened @ June 2012. He was struck from behind, we have a witness and a "event summary" from the attending staff that clearly lays out justified self defense. As an affirmative defense, we have the burden of proof. Back in 2011 he was assaulted by a much larger person, begged for staff to notify police, and they talked him out of his rights. I want to establish a link between his fear and the 2011 events. We have 4 staff witnesses that can verify the 2011 assault.

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Originally Posted by Eddie monroy

My son has been falsely accused of assault and battery.This happened @ june 2012. He was struck from behind, we have a witness and a "event summary" from the attending staff that clearly lays out justified self defense. As an affirmative defense, we have the burden of proof. Back in 2011 he was assaulted by a much larger person, begged for staff to notify police, and they talked him out of his rights. I want to establish a link between his fear and the 2011 events. We have 4 staff witnesses that can verify the 2011 assault.

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How does the fear defense play into this? Your son was struck from behind but HE was accused of assault and battery?

Where is this that there are "staff" witnesses?

It really does sound interesting - and, yes, I see why you would want to bring in witnesses. Are you suing for monetary damages, something else?

Im exactly "web site savy" Nor do we have a ton of money. Im a custodial father trying to do the right thing. We've been appointed an attorney. I don't have much faith in his "zealous" efforts to represent him, so, as in the past, I do most of the pushing and digging. Last I knew, as of 5/17/12, this was a Stand Your Ground state. No duty to retreat. This defensive act was not ecsessive, no medical staff contacted, and the so called victim was NOT registerd to be in that classroom. He had no faith in the system, due to the lack of justice in 2011, and defended himself when the school system would not.

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Originally Posted by Eddie monroy

... My question is, can i file a motion to have a questionare reviewed and authorized by a judge and question those individuals, myself, on my sons behalf? Can the schools attorney object to my line of questioning? Would this be an Examination, Deposition, or Hearing?

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A questionnaire would be, in legal parlance, an "interrogatory". You send it to an opposing party and require that party to answer it in writing.

But it normally does not go to a non-party witness. I suppose you could ask a judge to review it and order the witness to write answers, but why? It would be much easier to take the witness' deposition and then ask the questions of him or her. Normally a judge does not have to review such questions before a deposition.

Of course other parties may, through their respective counsel, object to any questions asked at depositions or by interrogatories.

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Originally Posted by JudyKayTee

How does the fear defense play into this? Your son was struck from behind but HE was accused of assault and battery? ...

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OP wrote that the son is alleging self-defense as an affirmative defense. Apparently, when struck from behind, he turned around and defended himself. This self-defense is what he is being sued for.

OP, unless he or she is an attorney, is not entitled to represent the son. Presumably OP is aware of this?

What?

There needs to be a little more to this.


Edit- Oh, I see. This is another question in an ongoing thing. Maybe they should be merged?

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Originally Posted by Eddie monroy

Im exactly "web site savy" Nor do we have a ton of money. Im a custodial father trying to do the right thing. We've been appointed an attorney. I dont have much faith in his "zealous" efforts to represent him, so, as in the past, i do most of the pushing and digging. Last I knew, as of 5/17/12, this was a Stand Your Ground state. No duty to retreat. This defensive act was not ecsessive, no medical staff contacted, and the so called victim was NOT registerd to be in that classroom. He had no faith in the system, due to the lack of justice in 2011, and defended himself when the school system would not.

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I still don't understand how your son was attacked from behind, but he's the one who was charged.

I'm not disagreeing with you. You really are digging and being rational and I respect that.

I just don't understand the circumstances.

This is about gender bias that took place in a PUBLIC SCHOOL. Its about bullying, and unwanted sexual advances towards mu son. The fale was scorned, overreacted, entered into a classroom she was not to be in at the time. He was there as a registered student for that hour. She came in, verbal assaultrd him, he turned away and walked away, she engaged him. She struck him from behind. He defended himself, not with strikes or blows, but by grabbing and wrestling. My son is 5 ft 3 in, weights @115. Other party 5ft 1 in, weighs @135. The first statements frpm staff and police were " do you tnink its right fpr your son to be hitting a female?" That's an exact quote.

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Originally Posted by JudyKayTee

I still don't understand how your son was attacked from behind, but he's the one who was charged.o

I'm not disagreeing with you. You really are digging and being rational and I respect that.

I just don't understand the circumstances.

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Im NOT savy at this web site stuff. Single custodial fathrseeking justice. My sons right have been violated twice by the same school system in less than 12 months. Yes, id love these two issues together, but, as a "parachute" if I can prove, through subpoenaed testimony at an examination/deposition, that these violations took place in 2011, I think I can prove that he was in actual from harm and that self defense was justfied. Im submitting answers, replying,etc. Kind of confusing site. Im a web virgin. Have no idea how these smart phones work. Any and all input is welcome.

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Originally Posted by JudyKayTee

I still don't understand how your son was attacked from behind, but he's the one who was charged.

I'm not disagreeing with you. You really are digging and being rational and I respect that.

I just don't understand the circumstances.

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There are 4 perfectly symmetrical scratch marks on females neck. They run vertically, and on one side of neck. The female claims she was neat to unconsciousness, got up an ran. Her whereabouts for @ 2 minutes after incident are unknown. I suspect self-infliction due to the pattern and lack of bruising or voice detereoration. No blood shot eyes or capilary damage to eye lids or face, which are forensic signs of strangulation. No fingernail samples/clippings, no defensive wound on EITHER party. If someone was chocking me, standing in front of me, chocking me, with one hand, id be kicking some trying to defend myself.

Stand your ground is merely a defense, and often not a good one.

The person is still charged, still has an attorney and still goes to court to face the charges, they have to then prove that they were the first one hit, And that they were just protecting theirself and that they did not use excessive force compared to the attack.

Also although it is a "stand your ground" state ( I assume it is, since you said it is) the court, esp if it is a trial by jury, will look at many things. If he could have just walked or ran away instead of fighting back, often it will go against them, having the right to stand your ground, does not mean it is always the right thing to do, It will be judged after the fact by others not there.

Also to be honest while not fair, he is a guy ( man) and she is a girl ( women) so many will feel that he did not have a need or a reason to hurt her since he perhaps could have or woulld have been the stronger.

Remember most likely in court, she will be in a dress, hair done like she just sang in the church choir. Anything he ever done before bad will be drug into court to try and show him as one of the "bad" kids.

Also this was in school, most schools have a 0 tolerance on fighting and there is no right to stand you ground or even self defense within the school if they are following school policy, so very likely the DA will have them read the school policy into the records, he will ask perhaps a teacher or other school official if according to school rules this was allowed.

So although state law may allow, that jury will go back with the idea that he broke school rules to do this. Not saying this is their case, but I have seen this played out a dozen times for college kids on college campus in somewhat the same issues.

So he will need to explain why he did not just go away, and not fight, he will have to explain if a lesser amount of force could have been used. He will need to explain why a teacher was not called or gotten right away. He will go into this with a jury almost guilty till proven innocent, the jury will remember the school shootings, the gang members they hear about in the schools and guess who will be the image they see in court.

Fair, no, how it is going to happen in court, very likey

I've merged you many threads. Please use the Reply or answer options to add follow-up, not start a new question.

I agree with Chuck that stand your ground isn't the best defense. You have a witness so you go to court and present your witness and hope the jury believe your witness.

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Originally Posted by Fr_Chuck

Stand your ground is merely a defense, and often not a good one.

The person is still charged, still has an attorney and still goes to court to face the charges, they have to then prove that they were the first one hit, And that they were just protecting theirself and that they did not use excessive force compared to the attack.

Also although it is a "stand your ground" state ( I assume it is, since you said it is) the court, esp if it is a trial by jury, will look at many things. if he could have just walked or ran away instead of fighting back, often it will go against them, having the right to stand your ground, does not mean it is always the right thing to do, It will be judged after the fact by others not there.

Also to be honest while not fair, he is a guy ( man) and she is a girl ( women) so many will feel that he did not have a need or a reason to hurt her since he perhaps could have or woulld have been the stronger.

Remember most likely in court, she will be in a dress, hair done like she just sang in the church choir. Anything he ever done before bad will be drug into court to try and show him as one of the "bad" kids.

Also this was in school, most schools have a 0 tolerance on fighting and there is no right to stand you ground or even self defense within the school if they are following school policy, so very likely the DA will have them read the school policy into the records, he will ask perhaps a teacher or other school official if according to school rules this was allowed.

So although state law may allow, that jury will go back with the idea that he broke school rules to do this. Not saying this is their case, but I have seen this played out a dozen times for college kids on college campus in somewhat the same issues.

So he will need to explain why he did not just go away, and not fight, he will have to explain if a lesser amount of force could have been used. He will need to explain why a teacher was not called or gotten right away. he will go into this with a jury almost guilty till proven innocent, the jury will remember the school shootings, the gang members they hear about in the schools and guess who will be the image they see in court.

Fair, no, how it is going to happen in court, very likey

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First, id like to thank you for your input. And, yes we have the burden of proof as this is an affirmative defense. That's why I need to substantiate that the events that took place in 2011had an ill effect on the circumstance that played out on 6/12. We can prove she had a romantic interest in my son. He rejected her. He attempted to flee, but was struck from behind. She was not registered for that class. She entered with mal intent. She initiated contact, and my son was in fear of the unknown. They are both of similar size, her outweighing him by @15#. She claimed unconscousness by strangling yet no bruising. Her whereabouts unknown for two minutes after the incident.

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Originally Posted by ScottGem

I've merged you many threads. Please use the Reply or answer options to add followup, not start a new question.

I agree with Chuck that stand your ground isn't the best defense. You have a witness so you go to court and present your witness and hope the jury believe your witness.

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His escape was blocked by her body. And, self defense and fear is our only defense. The hand book is very vague. Ive read it many times. No zero tolerance, as this would bring 2011 assault directly into play. Though, he made incriminating statements when I met up with vicprinciple staff. When asked about who contact authourities on 6/12 incident, vice said he did, that police contacted on every event of violence for more than two years. Then, when asked why not contacted when my son was assaulted in 2011 he responded, "i felt the level of violence did npt warrant police contact". There where many witnesses to that event and the attending teacher felt it serious enough to contact vice principle. My son was removed from that class and segregated from the other in a small room for @ a month.

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Originally Posted by AK lawyer

A questionaire would be, in legal parlance, an "interrogatory". You send it to an opposing party and require that party to answer it in writing.

But it normally does not go to a non-party witness. I suppose you could ask a judge to review it and order the witness to write answers, but why? It would be much easier to take the witness' deposition and then ask the questions of him or her. Normally a judge does not have to review such questions before a deposition.

Of course other parties may, through their respective counsel, object to any questions asked at depositions or by interrogatories.



OP wrote that the son is alleging self-defense as an affirmative defense. Apparently, when struck from behind, he turned around and defended himself. This self-defense is what he is being sued for.

OP, unless he or she is an attorney, is not entitled to represent the son. Presumably OP is aware of this?

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My son has, and must have, as by state law, representation, which is now being provided by the courts as he is a juvenile. Im NOT an attorney. The alleged victim is no angel. So the church chior thing will not happen. From what I've researched, as long as I can prove that the circumstances surrounding the 2011 played a part in his 2012 incident, then he had more than just cause to self defense and no duty to retreat. That he was in fear of the female, and the systems lack of recourse. He'd been assaulted before and HE was the one who faced sanctions. Federally funded programs cannot take a gender position. When they failed to protect his rights,i.e.. Talking him out of pressing charges, denying him accsess to a phone to call authorities, they violated his rights. Since that event he's been bullyed and harassed. Now all the girls think its open season on boys, especially him. So, yes he lives in fear.