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.
