Monday, October 25, 2010

Good News (For a Change) from Maricopa County!

I have been informed that the 14-year-old son of Carola Jacobson has been released to the custody of his mother and at least will be out of juvenile detention, after having been held there for more than 40 days. While I don't have all of the details of the hearing, it is clear that the boy's attorney, Brian Russo, was aggressive and challenged the prosecution at every point.

This is important, for it is the first time that the courts there have recognized that maybe, just maybe, this boy is not a monster who is terrorizing his neighborhood. From what I have been told about the hearing, one of the parents told the judge that last year, the boy GOT ON THEIR ROOF! Of course, they did not add that other children (including their own) also were on the roof at the same time.

To make matters worse, prosecutors (I'm shocked, SHOCKED!) lied during the hearing. Mr. Russo had requested that prosecutors give him all of the discovery material, including ALL of interview transcripts and tapes. However, prosecutors only gave him some of the material.

Mr. Russo challenged the prosecution and emphatically noted that he had not received everything he was supposed to get. The prosecution denied holding back, but then was forced to admit it had done just that. In other words, officers of the court in Maricopa County lied in court, which surprises no one.

(Hey, this is the state that gave us Janet Napolitano, our erstwhile head of "Homeland Security" who insists that we mundanes go through airport porno scanners -- while refusing to do the same herself. The law is for little people, and Arizona prosecutors and politicians fancy themselves to be Big People.)

Anyway, the boy is home, and while it will be challenging for him to deal with all of this while at school, he still no longer has to sleep in a cell. This is round one. The next step is to take apart this false case and deep-six it.

13 comments:

Doc Ellis said...

shared as "Good News (For a Change) from Maricopa County!

...it is the first time that the courts there have recognized that maybe, just maybe, this boy is not a monster who is terrorizing his neighborhood....This is round one. The next step is to take apart this false case and deep-six it."

Thank you for writing this.

Doc Ellis 124

victoria said...

What a relief to hear this young boy is with his mother. I imagine their legal expenses are escalating. Is there any way they can recover the legal fees from whoever lodged the false complaint?

KC Sprayberry said...

Too bad the prosecution still isn't acknowledging they have a weak case. It's obvious they're looking to dip into the federal pocketbook for prosecuting this youngster. The child molestation 'witch trials' of the 80's have taken on another far more evil aspect. No one's safe for those who won't take responsibility for their actions. One has to wonder what the accusers were trying to avoid when they initially told their parents and then those 'interviewers' what happened. Thank goodness the judge let the boy go home. Now, if that same judge can just see the evidence doesn't fit the crimes charged. That would be wonderful!

Anonymous said...

I don't have a link, but recently in Cleveland, TN (I think) a prosecutor has requested to drop charges against a murder suspect because of his belief that he can't get a fair trial. The reason? Judge and prosecutor misconduct. Kudos to the prosecutor for a difficult decision, because any prosecutor who has cred like that, probably would not bring charges in the first place without a firm conviction in the accused's guilt based on evidence.

Trish said...

Thank goodness he is home. I truly understand the nightmare this has been for him and his mother!!

Anonymous said...

Thank the Lord!!! Step 1, now on to the rest.

One day & one step at a time Carola. Keep the faith & know you have a great deal of people praying for you & supporting you.

Victoria, the only way to recover any legal fees will be exactly what Tonya is doing after the boy is exonerated; a civil trial. That is the joy of our "justice" system. I still have a problem saying or typing that word without laughing.

God bless you & your son Carola!

UGA Mom

Jodie said...

In response to UGA mom, some states have statutes that allow for recovery of fees and costs from a criminal prosecution that has been dismissed or the accused was acquitted at trial. (WV for one) So a defense atty could file under this statute in the criminal case for those fees to be reimbursed- of course most states give the judge discretion as to whether or not to award the fees.

Anonymous said...

Apparently,

One of the accusers has been telling all friends that they (parents) are going to be suing Carola for lots of money and will be putting her in jail as well. This was apparently prior to the hearing yesterday.

Since these are children I can only guess they are getting this from their parents.

Old adage: don't count your chickens before they hatch.

I hope, when this is over, that Carola can recover from these same folks, her costs at the very least.

Anonymous said...

Jodie, I am aware of that, but 99.9% of the time, in the states that have it, it doesn't happen. I find it very sad. Even when they incarcerate someone falsely, it's rare for them to see a dime & when they do, it's after a lengthy, costly process. It is the same for victims too though. They get stuck with medical bills & legal fees just to protect themselves. This is from personal experience. Once a true offender is released, the state doesn't care & will do nothing to protect a victim.

AZ is one messed up state & the only way will be a civil trial. Of course, I would like to see Carola move as far away from there as possible after her son is finally free for good. I have a close relative who recently moved from Maricopa County because the way they operate. Let's just say she feared for herself & her children & it wasn't at the hands of a "bad guy". So sad.

Btw, does Ms. Jacobson have an account set up where we can donate for her son's defense? I would love to throw in some money.

UGA Mom

Anonymous said...

I'm glad he finally got an attorney who is fighting for his interests!

And as a Phoenix resident, I can confirm that no one stays up in an attic in summer; repairmen dread entering an attic for even five minutes; and come back drenched (literally) in sweat and have to change their uniforms, plus drink a ton of water. That's after FIVE MINUTES.

If they have to do repairs that require spending more time there, these are either put off until fall, if possible; or else done early in the morning (starting at 6 AM) and ending by 9 AM.

In summer city street workers work from 5 AM (dawn) to 1 PM without a lunch break, and then go home, to avoid the worst of the heat.

It's laughable to think of kids spending hours in an attic; and no local resident is going to tell you that kids can stay in an attic in summer for hours because they are wearing light clothing!

Trish said...

I don't think Ga. has such a law or if they do, no one bothered to inform our family. It sure would have been nice to recoup what we spent on defense attorney's when my son's case was dismissed. It would also be nice if there wasn't a statue of limitations on filing lawsuits when you are falsely accused.

Anonymous said...

Tonya Craft's law suit has gone before a judge twice. The judge told her lawyers they have one more time to get the suit right or it will be dismissed. I really don't understand how her lawyers who are some of the best can't get the suit right????? Makes no sense to me. Not happy about it but my bet is it will be dismissed. The court will protect their own.

Anonymous said...

You said it. The court will protect their own. they will say her layers, They have it right, That is their way of dismissing it... They are all crooks....