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Excerpts from 12/14/05

October 29, 2009

The Preliminary Hearing was yesterday.  I never felt so nervous.  My skin was on fire and my legs shook uncontrollably.  The hearing was not what I expected – a large room filled with random people and in the last-minute he had hired a private attorney.  The lawyer tried to break me, brought in the defenders whole fucking family.  My husband, Brian, was drained of his pinkish color and my dads veins were bulging in his neck, his cheeks full of gritted teeth.  Brian and my dad were asked to leave because they were potential witnesses.  I had called them right away after the attack and they could be asked to testify later and if they remained in the court room today, their testimonies would be trashed.  So there I was, alone with my attacker, his support group, and his jerk off lawyer.  They all got a good long look at me, know where I live and what my full name is.  I know at this point I could never return to my home, I was terrified for family’s safety. 


I testified with a fiery red face, nervous beyond control.  What if I mess up or forget something crucial.  The attacker actually told the police, when he came to,  that on the day of the attack we were “bobo-ing”around, drinking beers and I owed him drug money.  A story so farce and I unreal, that for a moment I thought ‘maybe this IS what really happened.’  Then I imagined Luna.  The fear in her cries for her daddy, the fear in her cries as I walked out of her bedroom with the stranger behind me, the fear in her cries the following day when my dad’s friend came to visit, and fear in her cries when I leave her bedside at night.  There is no way I will let the guys break me.  I will not falter, I will become stronger.  I can take him.

The courts dropped all charges against Luna, which to this day pisses me off beyond belief.  I was told that the charges would not effect his time, but I don’t care it should be on his record what he did to her!  The charges that he was being held on were

F1 (Felony in the first degree)  Attempted Rape, Involuntary Deviant Sexual Intercourse, Robbery, Burglary, Aggrevated Assault.

F2  Unlawful Restraint, False Imprisonment, Sexual Assault, Aggrevated Indescent Assualt, Criminal Trespassing

Misdemeanors  Indescent Assault, Indescent Exposure, Terroristic Threat, Simple Assault, Possession of an Instrument of Crime, Recklessly Endangering Another Person

Of these only 5 were used in court to sentence him – Attempted Rape, Involuntary Deviant Sexula Intercourse, Burglary, Aggrevated Assault. 

Attempted Rape and Rape are both Felony 1 charges, and we knew that he could easily be convicted for Attempted Rape.  Rape is difficult to prove when there is no DNA, somehow they were unable to find his DNA in my private areas.

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