DWI charge masking date rape crime
Should she fire public defenders - solve this mystery
On Jan. 26, 2007, my friend was found in a totaled car by the police after leaving a neighborhood bar with a credit card receipt verifying two drinks, and receipt timed at 12:34 when she left.
She remembers clearly everything until she signed her name on credit card slip, did a half turn to leave, and then blackness, waking up chained to police bench 4 hours later and an officer tells her "There now, act like a lady" They had never taken her to a hospital. She remembers absolutely nothing. She describes it as an immediate "light" going out and "light" coming on.
Police find car at 1:55, first ticket claiming leaving the scene of an accident timed at 1:55 and corresponding police report state she claimed she hit a guard rail. Police state on that same police report that site of accident could not be found but then upon further investigation, they find the guard rail. Police breathalyze and get BAC of .19, leave her in the car, bleeding, until 2:25 when they make the arrest, bring her down to the station. Second breathalyzer at 4:30 at police station, result .18
One week later, she gets tickets for hitting a car on her street at the opposite end at 1:30am that same night.
Medical diagnoses two herniated discs, post traumatic stress disorder. I've seen this beautiful, 50 year old intelligent woman, mother of a college student, reduced to a traumatized, anxious individual.
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Motions denied:
Motion to Dismiss; Motion for a hearing pursuant to VTL Section 1194(2)(f); Motion to Dismiss in the Furtherance of Justice; Motion for Brady Material; Motion to Preclude - CPL Section 710.30; Motion for a Huntley Hearing; Motion for a Sandoval/Ventimiglia/Molineaux Hearing and Disclosure pursuant to CPL Section 240.43;
Motion granted:
Motion for a Probable Cause Hearing on Oct
At Probable Cause Hearing, defendant again requested to speak with public defenders, again they wouldn't discuss case, the witnesses she has, only patronized and brought someone in from the Dept Mental Health.
In front of Judge she says she couldn't stop crying, and he ordered a "Mental Health Outpatient Examination Request", checking the box : " Defendant acted in an irrational manner and appeared out of control during arrest and/or Court procedure. CPL 390.30 Evaluation is being requested to determine if the defendant is presently an immediate danger to the community." Defendant turned down Plea Bargain and her Interview with Mental Health Dept. is to be on Oct. 23, 2007
My friend has been going to the Crime Victims Assistance since Feb. 26, 2007 once and sometimes twice a week.
On police reports, first ticket at 1:55 for leaving the scene of an accident that hadn't been discovered yet.
On other police report, they claim accident at 2:25
Climate of this city in upstate New York:
Two bars just raided by District Attorney and his detective (who was formerly suspended from city police for whistleblowing) using state police. Two girls died in car crash after leaving these two bars in June or July. Allegations in newspaper: city police protecting bars.
Five people in last two years, died in car crashes leaving local bars, one city police officer, one female politician, the two girls (the one driving the daughter of a neighboring police dept.), and a male politician, most involving "guard rails." Two seriously injured: one a former district attorney on her case, and my friend.
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