Monday, April 13, 2009

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.

12 comments:

  1. I think that's kind of genius on Juan's part personally.

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  2. Did he mention he'd like to work for world peace?

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  3. God. I gotta remember that tactic when I'm in trouble again. and I'm sure I will be!

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  4. I just hate it when you tell people you've grown up and they don't believe you! Poor Juan. At least he has a second chance to prove himself!

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  5. Let's see, grown up! Then why did he avoid probation?

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  6. Came here to say it, but Cindy beat me to it!!

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  7. Yeah, that was the Judge's question, too, Cindy!

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  8. Great story! Glad to finally be here, too.

    Karen

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  9. Like he turned into a butterfly in that year. ~rolling my eyes~

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