Liberty and Equality Notwithstanding…

 

My guy hobbled down the hallway using his shiny new aluminum cane.  It’s kind of disconcerting to see a well-muscled, heavily tattooed, twenty-four year old man leaning on one of those little old lady canes they sell on the dark, depressing aisle of CVS.  He’s a millwright and had an accident at work last month.  He fell twenty-five feet into a pit, breaking his shoulder, his tailbone and a few other less important bits and pieces. 

He hopes to be released to return to work this Friday.  I’m thinking there is still a ways to go between wobbling and welding, but what do I know?  He’s anxious to get back to work because his workman’s comp hasn’t kicked in yet.  No income for the past month. 

My guy has skipped his AA meetings this week and claims he used the time to run around town getting assistance on rent and utility bills.  While I don’t question his need for financial assistance, I doubt he was keeping appointments with social service agencies between the hours of seven and nine in the evenings when he should’ve been at AA. 

What really makes this situation tight is that his girlfriend is pregnant.  She’s getting closer to her due date. I asked if his girlfriend was working.

“Is she helping with the bills?” was what I said.  ‘Pregnancy is not a disability, so is she up off her butt and making a contribution?’ was what I meant. 

“No, she’s real close to her due date,” he said.  “So she’s on Fraternity Leave.”

Fraternity Leave.  

Had there been a little less fraternity, there wouldn’t be a need for any leave!

And some things grow back.

Last Tuesday Juan Carlos had a revocation hearing. Juan skipped out on probation and I hadn't seen him in almost a year. Now we were in court to determine what was going to happen to him. When the Judge called the case, he began to go through a series of questions - formal formulaic questions to determine identity, plea and whether or not that plea was being made freely and voluntarily.

The questions are always the same and no one pays a lot of attention to them.

The Judge asked "Are you one and the same person who was placed on community supervision in this case on the 25th day of June, 2007?"

"No sir."

The assistant district attorney and I stared at each other and mouthed "Whaaa?" The court reporter's head jerked up in surprise, although her fingers never missed a beat. Juan Carlos' attorney swung around to face his client and grabbed the man's arm, as if afraid he would take off running.

The Judge, whose lips were already forming the words of his next question, sat open mouthed for half a beat. Then he asked the question again.

And again, "No sir."

The attorney appeared stricken and was obviously rethinking his assertion that the defendant was competent to stand trial.

The Judge went with the time-honored slower and louder approach. "Are you... one and the same... Juan Carlos Constancio... who was placed on community supervision in this cause... on the 25th day of June, 2007?"

"No sir. I've changed a lot since then. I've grown up and I'm not the same person I was then."



I thought the judge was going to have to call a recess. The ADA almost hurt herself trying not to laugh out loud and the defense attorney just about fainted from relief. The Judge has great control and never cracked a smile, but the court reporter and I had to avoid eye contact for the rest of the hearing in hopes of maintaining composure.

The Judge wasn't happy about it, but in the end he gave Juan Carlos another chance. Here's hoping he really has grown up.