# Update on Court *shocking*



## Marty (Feb 21, 2008)

Don't ask me any questions, I don't understand this system and I'm crushed. It is what it is.

We spent one last time in a dreadful meeting with the DA's office today. Horrible.

The charges against Michael's killer are:

Murder 2 up to 25 years

Vehicular Homoside 3 to 6 years

Leaving the scene 1-2 years

The DA said the judge will throw out Murder 2 from the very beginning because the charge does not fit the crime. So I don't know why they charged that in the first place for sure so we lost that charge already. So that leaves the other 2 charges. The DA feels that he can get the low end of VH which would equal 2 to 3 years and at best 1 year on leaving the scene since he never had any other driving related charges on him before and that can be reduced. He said you just never know what the jury will decide and it's a crap shoot. They might just feel sorry for him and let him go free. This is nothing like what they told us a year and a half ago so we are in complete shock.

This is because we can not bring up the other two accidents he had that day, or that he was drunk and drugged since 7:00 AM that morning and continued on like that all day long, or shot his father in the head or runs a meth lab or has a history of violence and a long line of felonys. All the jury will know about him is that this is an inocent man until proven guilty that used bad judgement and was driving in a wreckless manner. They will not know what we do about him at all. Although we have people to testify he was drunk/drugged, he was not caught and tested for it so that will be considered "here-say"

As it stands now, the jury could let him go or at best, he could get 3-5 years with any luck.

There may a plea on the table and the DA wanted our input about it. That is really what this meeting today was about. That if they care to plea, we can avoid the trial completely. That they will settle out of court. By doing this, the DA would settle with him doing 6 years. If we leave it to the jury, again, he can get less, or possibly even go free.

Then there is the matter of us going to court. They see Hus as the only one of us that could possibly handle it. They are seeing Daniel as a loose cannon who cannot be controled which would cause a mistrial and me as a mom that cannot stop crying, since every time we have a meeting, the tears just won't stop and for Dan, the anger is beyond belief and it shows. They said the judge has ruled against us showing Michael's pictures, slide show, hearing about what kind of boy he was because that would prejudice the jury and I cannot address them at all. On top of everything, there are problems with security, the local media and drama and keeping them at bay. They think it is much safer way to go for us if they go for a plea and this way we are assured of 6 years. The worst thing is that if they do not entertain a plea, this trail can go on for years.

Either way, we are completely shocked, and upset, and reeling. This caught us all off guard and we didn't know what to say or what to think. As of right now, they said we had to stay by the phone all weekend long because they might decide to go for the trail or go for a plea right up to the hour when court begins on Tuesday morning. We do not know what happens next.

This legal system is insane.


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## River Wood (Feb 21, 2008)

In a way, it doesn't even surprise me. It is just sick. Absolutely sick.












I'm very sorry.


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## backwoodsnanny (Feb 21, 2008)

I am so sorry Marty but I am not surprised either. The justice system seems to bring justice for the criminal not for the victim.


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## Leeana (Feb 21, 2008)

I am so sorry Marty



. I just dont know what to say but i am sorry


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## MeadowRidge Farm (Feb 21, 2008)

Marty, I am at a lost for words, but it doesnt surprise me... with the way our system works.









(((hugs)))


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## Alex (Feb 21, 2008)

Marty, i am so very sorry for you!! That sucks.


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## Bassett (Feb 21, 2008)

Oh Marty, I feel so bad for you. So sorry things are not working out the way they should. Our court systems suck, for sure.


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## FoRebel (Feb 21, 2008)

I am so sorry Marty. The court systems aren't what they should be.


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## StellaLenoir (Feb 21, 2008)

so sorry



this is very unfair.


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## MountainMeadows (Feb 21, 2008)

Oh Marty - I am totally flabbergasted - in shock, and utterly disgusted with our "system" - way to go courts - just let an innocent child be killed by a repeated offender who feels no remorse and who will more than likely repeat his crime again and another mother & family will be going thru what you have been going thru these past 18 months.

It just doesn't make sense, and it sure isn't "fair and impartial"

Hugs to you all (((( )))))

Stac


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## mininik (Feb 21, 2008)

So sorry, Marty...


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## Reijel's Mom (Feb 21, 2008)

I'm just sick reading that and furious for you and your beloved son - that is just NOT ok



!


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## wildoak (Feb 21, 2008)

Marty, I'm sorry. Absolutely sucks, the only thing I can say - which doesn't help much at the moment - is that he WILL get what's coming to him in the end.

Jan


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## KanoasDestiny (Feb 21, 2008)

What I don't understand is...this is court! It should be the truth, the whole truth, and nothing but the truth. It shouldn't be biased (to how it will affect him and his life), it should be based on EVERYONE affected. Unfortunately, Michael can't be there to speak about how it affected him...only his family is left to do that, and they aren't even allowing you guys the opportunity. It makes me sick!

Want to stop paying taxes/child support, get paid decent wages, and get food and shelter for free? Do a crime in America!



I am soooo sorry for you and your family Marty.


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## New_Image (Feb 21, 2008)

That is insane!

I am so sorry for you and your family Marty. Hugs and prayers.


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## Riverdance (Feb 21, 2008)

I am so sorry Marty. Many learn the hard way that with the justice system, there is no justice. At least not for the victims.


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## tinacvt (Feb 21, 2008)

I'm so sorry Marty. That just leaves me speechless


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## Feather (Feb 21, 2008)

Rob a convience store for 50 bucks or steal a case of beer & you'll get 18 months. Get in the county lock-up or federal system & they'll trade you army time @ 1yr for 6 county months or 1 to 3 yr for each federal year.

Mountain justice is in order here!


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## Miniv (Feb 21, 2008)

Marty, I am sorry. Your best bet now will be the sentencing. Hopefully you'll get a strict judge. It's at sentencing that a lot of that man's past can be presented.


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## Vicky Texas (Feb 21, 2008)

Oh Marty

I am like the others very sadden by this news. The court system stinks. A dear friend of

mine was killed by his girlfriend about 8 yrs ago. She shot him and took several hours

to call the police. She got 5 yrs, and 2 yrs on probation. She is out and free and it was in

Dallas Texas. So the courts stink all over.

It is beyond belief he could walk out of that court a free man. But we can pray for Justice for

Michael. And I do believe he will face a higher Judge one day... in God. He won't walk away from

that Judge. I do understand that does not help your feeling now. I don't know how I would deal

with it. I do know you, Dan and Jerry will have the strength to get through this. Because your

doing it for Michael.

The pea as bad as it sounds, at least you know he will be off the streets for 6yrs. And Marty

he has to survive being in Jail. He will always have it on his record. The bad news, is like the

others said, he could do it again to someone else. It just makes me so sick.

Prayers and hugs for you all.

Vicky


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## twister (Feb 21, 2008)

Marty I am so sorry about this, there is no justice for the victim, it's all about the criminal's "rights". This sucks big time.

Hugs to you and your family, this has got to be hard to take.

Yvonne


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## sfmini (Feb 21, 2008)

I am so very sorry to hear this, I sure wanted him to go away for a darn long time.

It does sound like a plea deal might be the best way to go to get him put away for the longest possible time and to be easier on you guys, but it just sucks.






One other thing I have never understood is that a year of prison isn't 12 months. It always seems to come out a few months short of a year!


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## luckymeacres (Feb 21, 2008)

Speechless, I don't know what else to say, how sad.


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## Mona (Feb 22, 2008)

Oh no, I am so sorry to hear his latest information.



What a SLAP IN THE FACE!


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## Brandi* (Feb 22, 2008)

I'm really sorry Marty



I am shocked that the sentences are so little time. I always have to remind myself that everything happens for a reason and I am sure Michael is looking down and can see everything much clearer than any of us.


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## HobbsFarm (Feb 22, 2008)

[SIZE=14pt]Marty that is terrible news. I am so sorry you are still having to deal with this crap to put Michael's killer behind bars. Eye for an eye...



[/SIZE]

[SIZE=14pt]((((((HUGS)))))))[/SIZE]


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## dangerranger (Feb 22, 2008)

Im so sorry they laid this out on you now , at the last moment. Mon morning I would be in the DAs office. ask to see The DA , not the deputy Da thats handling your case. use your emotional state, Dans loose cannon "ness" and your husband to your advantage. Remind him that he is an elected official and with all the media attn on this case, You are going to cry on camera, and Dans going to explode while your husband calmly tells the camera how the DAs office has lyed to you for a year and a half and now a day before court they are trying to "Weasle out a plea agreament" selling out your sons life as only worth a couple of years behind bars! OR you can stand united and tell the cameras how he fought the good fight for your son. its up to him what you do next. remind him how much good TV footage the media will get of the greving mother, the explosive brother and Dad. and how many Voters will see your tears, and how will they see him. If they cant prove that the perp was high at the time, they[ the DA ] have known it for a long time. and if they were going to plea this out then why have they jerked you and your family along for this long. They can bring in those that were with him when he was getting high and they can testify to what they saw. but its risky and your dep. DA is playing it safe. for myself "if it were my child" Id rather go out fighting and risk loosing than give up. rember this is for you and your family as Micheal wont get anything out of this one way or the other. knowing that you and the family have done everything posible is the most you will get from this. after that you have to be able to let it go and go on. as I said in the begining Im so sorry for you and your family, and I wish I could do more . Eric. PS. I get so angry just reading how they are pulling at you and the family, and knowing it doesnt have to be this way.DR.


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## Charlene (Feb 22, 2008)

marty, this just stinks to high heaven but it is no surprise to me. i have thought all along that something like this would happen. it won't be any consolation to you but having been in the legal biz for 30+ years, i can try to explain to you what is going on...

the reason none of his prior bad acts will not be brought up in court is because he is not being tried for them. it wouldn't matter if he had murdered a hundred people, it can't be brought up in court. even if the DA or a witness was to "slip up" and mention a prior bad act, the jury would be instructed to disregard the tetimony, it would either cause a mistrial or it would be grounds for an appeal upon conviction, an appeal that would very likely end up reversing the conviction.

plea bargains are typical in our legal system. it happens more often than not. i wish i had a nickel for every case that i have seen a case settled out of court. many times, the jury will be seated, waiting for the first witness to be called and WHAM! the DA will announce that a settlement has been reached.

if you are called to testify, all you are allowed to do is answer the questions posed to you. it's not unusual, in cases like this, to see very emotional testimony. it's almost expected. however, the DA is afraid that if you get emotional on the witness stand, the defense will holler "prejudicial", more grounds for a mistrial or an issue for appeal.

DA's don't like to lose. they don't want to be made to look foolish. trust me on this one, i have not only worked with and for DA's, i was married to one for 25 years. it is unfortunate and unthinkable that this piece of crap was not drug tested at the time. why on earth is that??? i am shocked.

something else you should be aware of is this...unless there is "truth in sentencing" in your state, if he pleads out and is sentenced to a term of incarceration in the department of corrections, he will very likely be out of prison in a matter of months, not years. the problem is prison overcrowding. i know that means very little to you and me but you and me are small potatoes when it comes to government spending. unless a defendant is sentenced to life in prison or to a substantial number of years, they will do very little time. when you combine prison overcrowding with "day for day good time", a person sentenced to 1 or 2 years will do maybe 6 to 9 months, tops.

should this case go to trial and result in a conviction, his prior bad acts will be brought out and in addition, you would then be able to make your victim impact statement at his sentencing hearing. that is when you let it fly, that is your opportunity to face this sorry excuse for a human being in open court and rip his head off and poop down his neck. some judges are moved by victim impact statements, some fall asleep listening.

don't even get me started on the legal system. yes, defendants are innocent until proven guilty, technically, but in your case, how could anybody find him anything OTHER than guilty???

i'm so sorry this is happening. i hate the word "closure" and you have probably heard it a million times. there IS no closure for these things and for the legal system to dump on you and michael this way is pitiful. i'm so sorry.


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## Kathy2m (Feb 22, 2008)

I'm so very sorry for you and your family, Kathy


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## lvponies (Feb 22, 2008)

Oh, Marty!!! I am just so very sorry this is happening to you and your family!!! That man should be made to serve hard time for what he did to your Michael, not months in prison, but years & years!!!

I am so sorry!!!



{{{HUGS}}}


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## kaykay (Feb 22, 2008)

marty im so sorry my heart breaks for you and your family


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## Candice (Feb 22, 2008)

Marty, I am so sorry and just sick over this!! This is so WRONG!!! Hugs!! and more Hugs!!!


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## Basketmiss (Feb 22, 2008)

Marty,

So sorry to hear this.

What is up with the system ?

My husband says it ought to be like the old days where if you did a crime they would hang or shoot you dead! That might seem mean but it took care of the bad guys and we didnt have overcrowding in jails!

The system today just pussyfoots around and lets crimimals off! That is ridiculous that he can kill someone and only get a few months or years for it!

It makes me so mad! Why do they think there are so many BAD guys out there? Cause they wont actually punish them for their crimes!! They slap their hands and let them go( overcrowding) and then they are back in society hurting more innocent people!

I am sending prayers and ((HUGS))) to you all and he will get his when his time is up! You wont be there to see it but he will be judged accordingly for the horrible excuse of a person he is!


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## txminipinto (Feb 22, 2008)

Marty, I am so sorry this is being drug out like this.

This is a perfect example why people take the law into their own hands. (Don't do that).

There's nothing more that I would like to do if I was Micheal than to haunt that killer for the rest of his life and drive him insane.



And give my mom a kiss on the cheek every night.





My thoughts are with you and your family.


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## Marylou (Feb 22, 2008)

Oh Marty! Unfortunatly this happens too often. Arnie told me months ago this would probably happen. He has seen it all to often. Don't let him destroy the 3 of you. Love & hugs to all of you.


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## Ashley (Feb 22, 2008)

I am not going to say a whole lot about this as many of you know I am going to school to be a PO. Thus the law and courts are what I know. I wont get in a heated argument of whether they are right or wrong.

No matter what the punishment will be, it will never be great enough when it comes to a monther loseing her son.


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## AppyLover2 (Feb 22, 2008)

Marty, Jerry and Dan I want you to know how sorry I am that you've had this bomb dropped on you.

I have 2 conflicting thoughts about this. Personal Opinion here.....#1 is they wouldn't be considering a plea bargain unless they were worried that if it goes to trial his sentence would be longer. #2 is the obvious one, that a 6 year sentence is better than anything less (whatever the reason for it). I guess I could add a #3 here and mention that IF (and I believe he has) he's been in jail awaiting trial, that time would be considered as "time served" and come off his sentence.

Your family is in my prayers for the strength to see this through and to be able to reconcile yourselves to whatever the outcome might be.


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## ClickMini (Feb 22, 2008)

oh. marty. I just totally do not know what to say. what a nightmare!!! I wish for him the worst possible that can be given. It is not generally in me to wish evil things to befall a person, but in this case I am making a big exception.

It is just beyond me how this can be "the way it works."





Marty, I wish I could be there to give you a hug and hold your hand and be strong for you.


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## Just Us N Texas (Feb 22, 2008)

Marty, I am so sorry about this. I was afraid something like this would happen. I don't think I told you, but several years ago, Jerry's nephew was killed by a friend of his, driving drunk. Four young people got into his car to go to a concert. One was his date, and Jerry's nephew, and his date. He was speeding around a very bad turn, failed to negogiate it, hit a tree, and Jerry's nephew and his date were riding in the backseat. They both had their seat belts on. The backseat was thrown out of the car, and hit several trees and obstacles on the way. Doug and his date, the mother of a 2 y.o. child, were killed. The driver's date was severely injured, and laid for days at death's door. The driver was not injured, and left the scene of the crime. A policeman passed him on the way to the crash, stopped, and he said he didn't know anything about a crash or anything else. He had blood all over him. His or theirs, I don't know. Anyway to make a very long, sad story short, it could not be proved that he was driving till his date could make a statement, several days later. Then Jerry's sister and her husband started pursuing his arrest. About two years later, and I am not too clear about what did happen, the driver got some time, but not too much, and certainly not what Linda and Malcom had wanted or hoped he would get. A really sad part of this story is that he was a close friend, had spent a lot of time at their home, and yet walked away when his buddies were in such dire circumstances. Dougie only had one mark on his head, didn't look injured, but was dead. How could he leave his three friends and deny he was driving?

I so hope that Michael's murderer does some hard time.


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## Dona (Feb 22, 2008)

Welcome to the judicial system.





My heart aches for you and your family, Marty. I know this must be extremely painful & frustrating for you.

My husband was in law enforcement for 17 years & finally got fed up & left it.....because he got tired of dealing with corruption, politics, and extreme injustice of the system. :arg!

The kind of treatment you get, does indeed, depend on who you are, who you know, if it's an election year, etc., etc.!

Hang in there Marty...stay strong. No matter what the outcome, it will not be "enough". Concentrate on forgiveness, and pray that the person who took your beloved Michael from you will straighten out his life & never cause harm to another person.

Sending prayers of strength & love.


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## RockRiverTiff (Feb 22, 2008)

I am so sorry Marty. I am sad for you and your family, but completely disgusted by this so-called "justice." If the.......that did this was tried as the despicable person that he truly is for one of the many crimes he committed before this... The what if's are devastating to consider. I can't even get my head around it. I too will be praying for you and yours.


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## Margo_C-T (Feb 22, 2008)

Marty, words just aren't enough to convey how SORRY I am that this case has taken this terrible turn! What a miserable indictment of 'our' justice system-where the WHOLE truth is not allowed to be known to a jury, and where the CLEAR wrongdoer is protected in every possible way, and the victims are NOT...it makes me both sick and furious...

May God be with you and yours--and know that you have the support and love of everyone here!! I am with those who fully believe that no matter WHAT happens here on earth, the perpetrator of this crime WILL receive his just punishment someday...

Margo


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## minie812 (Feb 22, 2008)

I am not a bit surprised about our Justice system(I use that term loosely) as it takes care of the criminal and to heck with the victims. Our family had a 3 yr old g-daughter molested by step dad-convicted & sent away for 7 yrs...NOT! He was granted a new trial...got off scot free and even had ALL his criminal record removed (he was 3x your out) I will NEVER understand it but I guarantee that IF he ever sets foot on my property....


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## Connie P (Feb 22, 2008)

Marty,

Rest assured there WILL be a judgement day. It may not be here on earth, but ...........you know what I mean.


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## Shari (Feb 22, 2008)

Am so sorry Marty..... the legal system is so messed up its scary.



Seems like the crimmals have all the rights and the people they kill or hurt...families have to suffer more. Just is not right!


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## Magic (Feb 22, 2008)

This is just awful; a nightmare if there ever was one.



I'm so sorry Marty.


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## tnovak (Feb 22, 2008)

I'm so sorry for you to have to go thru this. Similar thing happened to my sister-her son was murdered by a girl in Virginia in '97.......in the begining, the DA promised the killer would be a lifer......ended up, she only got 6 years, and the GUN charge was thrown out, even tho she shot him dead with a GUN. She's out and about now, enjoying life, while my sister's son lays in the ground. They toyed with our family in the worst ways....postponing trials and not letting us know about it, after traveling out of state to be at the trials, not letting us speak at the trials, and not punishing the girl's family when they threatened to kill all of us. It was a fiasco. Everyone was more concerned that the killer should be with HER 2 children while they're growing up.


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## Shelley (Feb 22, 2008)

I am so sorry. This worthless piece of scum should never be allowed to see the

light of day again.

Shelley


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## minih (Feb 22, 2008)

Marty I can't add anything new from what has already been said <<hugs>> I will be keeping you and your family close to my heart.


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## NoddalottaFarm (Feb 22, 2008)

Marty - I'm sorry it came down to that. Working for an attorney, I see this stuff a lot. Is this his Criminal or Civil case? File a Civil if you can. Make him go through it again.


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## Valerie (Feb 22, 2008)

Marty, I have no words of wisdom here, just want you to know I am thinking about you, Jerry and Dan.....and I think of Michael often. Hugs to you all.


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## Sonya (Feb 23, 2008)

I am so sorry Marty, athough I am not shocked. The system rarely works for the victim and their family. Don't give up though...keep doing everything you are doing...educating people about drugs and being a part of MADD...YOU are making a difference even if the justice system isn't. HUGS!


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## Minimor (Feb 23, 2008)

I'm sorry this is taking this turn for you Marty, though it doesn't surprise me a bit.

If a plea bargain will get him 6 years I would push for that--and hope he takes it--it sounds like that's the best way to get him the longest time behind bars.


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## zoey829 (Feb 23, 2008)

I am so sorry. I dont even know what to say. May God bless you and your family


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## Teresa (Feb 23, 2008)

This absolutely gives a new and proper meaning to "Justice is Blind"

May God help you through all this ..........Take care of yourself..... Prayers always coming your way.


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## CyndiM (Feb 24, 2008)

I am so sorry this has happened. I am NOT surprised though I know first hand how our courts work because of an experiance I had with the system in the early 80's. It doesn't make sense how the victims are treated in our courts.

((((HUGS)))) Marty, Jerry and Dan. I am keeping you in my prayers.


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## Suzie (Feb 24, 2008)

Marty, I am so sorry to hear this, but not surprised. I would probably go for a plea, since at least he is behind bars for some time. Know that even though man's justice system may have failed you, there is a higher court he must atone to and there is no getting around that.


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## Leeana (Feb 24, 2008)

Marty the day is getting closer and i just wanted to say once agian goodluck! I know this is all really stressfull for you but i think of you and your family everyday and if you need anything ..anything at all you have my # (should be in my profile). Take care of yourself hun and give us an update when you can!

Leeana


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## midnight star stables (Feb 24, 2008)

I am so so sorry Marty..



How unfair.


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## hairicane (Feb 24, 2008)

Wow, what a shock. Cant believe how much info they are keeping from the jury. It sure doesnt seem fair. Im very sorry.


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## hhpminis (Feb 24, 2008)

I dont know how I missed all of this but Marty, I am so very very sorry for not just this but for the constant reminder that all this brings to you about that day.

I only wish this man could spend one day knowing how you feel everyday.

My love, thoughts and prayers are with you my friend.


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