We had oral arguments Monday. It’s kind of intriguing to watch the different cases at the appellate level. I was under the impression that oral arguments was more of a speech in front of the judges. I learned that morning that the judges were able to ask questions during arguments.
The defense always goes first they have 15 minutes to argue the facts while the judges, listen and ask questions. John attorney started with the weight of the evidence and was instantly interrupted with the question “ your client went to the house knowing he wasn’t allowed there. He saw his daughter and grandson down the road and he still went to the house.”
John attorney responding to that question with truth and factual information. It is extremely difficult to see on the dash cam footage a person almost a block away. John did not see his daughter down the road, but saw an aggressive man and went to the house to make sure his daughter and grandson were safe.
Our attorney continued to argue the self-defense clause in which another judge questioned “ but he shot him in the back”. The attorney responded to that remark by explaining the severe and brutal beating that John took.
Two accurate and valid points from the judges. I’ve had friends and family question me regarding those questions and here is what I know.
John was never told not to come to the house. He received a text message from his daughter while he was a few blocks away that said “ I guess there’s a problem now pick me up down the road L O L”. when John received that text, he instantly called her and you can hear that phone call being made from the dash cam. She never answered. John then sent her a text that said “ stay there. I’m picking you up at the house.”
The reason John wanted his daughter to stay at the house is because it was 98° outside that day, she had her two-year-old son, a car seat, a diaper bag and her purse to carry. When John didn’t get a response to the text or the call, he assumed she stayed at the house. When he was greeted by an aggressive man, he pulled in the driveway to ensure the safety of his family.
If anybody has seen the dash cam footage, you can clearly see when it is slowed down and zoomed in the aggressor was not going to stop attacking John until John had the gun in his hand. You can also see on the camera that the aggressor was maybe 6 feet away and was at an angle from when John shot.
Did you know that the appellate court is based on faces not opinion? Only facts can be brought up and discussed. Guess what the prosecutor failed to do… You guessed it, bring up the facts. The only thing he could do was site a reference he used in his brief regarding “ Italiano”. he attempted to paint John as a vigilante, a jealous, estranged husband seeking revenge. that was the basis of his argument.
As I sit here and replay those 30 minutes, the questions asked, and the rebuttal, I can’t help but wonder why opinionated questions/statements were brought up. The appellate court is required to follow the law based on factual information, not formulate an opinion based on events.
When the hearing started, I was overwhelmed by the sick feeling that they already had a decision made. Deep down I know it won’t get granted, but I am still holding on to my faith, hoping and praying somehow God intervenes.
As I lay in bed tonight, saying my prayers, I can’t help but feel emotionally, mentally, physically, and financially drained. How am I going to survive when I am already exhausted and only nine months into an 18 life sentence.
I don’t understand anything anymore. I find it difficult to stay focused with the thoughts that run through my head. It’s unreal the things you think of at 12, 1, or 2 AM.
Asks God to protect the mind and heart from deception, and to grant the wisdom to recognize false teachings
Comments