Don't assume the police, the magistrate, the clerk of court or the district attorney will get their act together.
NC AOC CIS
400 Guilford
File #: 09CR 099028
On November 17th 2009, while on the job at the
recycling center, I was assaulted. I called the police as the accused was speeding away from the property and the officer came to take a report.
Later that same day I went to the Guilford County Magistrate's Office and filed charges against the man who had assaulted me. The man behind the window took the form I'd filled out, scratched through several lines I'd written, without explanation, and told me a warrant would be served. Included on that form were the names and addresses of several eye witnesses.
The man who assaulted me is a life long criminal, on probation with a record as long as my arm. If found guilty of anything he goes back into the North Carolina Prison System.
When the court date finally came around in April 2010. I was the first person in line when the doors to the courthouse were unlocked, but the defendant failed to appear. The judge ordered he be arrested and placed under a $500 bond. In late June I got a telephone call from someone in the Greensboro Police Department telling me to be in court on July 9th. I was also warned by that same person not to let them wear me down to the point of giving up as that is a common tactic used by criminals and their lawyers.
As the second court date drew closer I wondered why no one from any branch of the court system had bothered to call me to hear my side of the story before taking the case to court. I also wondered why none of the wittinesses (All people I see every day) had bothered to mention their summons to appear as a witness. On July 9th I learned that none of the witnesses had ever been called.
About 10 minutes before I was called before the judge I was asked by someone from the DA's office to explain what happened. In the course of telling her the story I mentioned the witnesses only to be told by her that no witnesses were listed on any of the paperwork the DA had for the case. She asked me to write down names and contact information for my witnesses and handed me a piece of paper.
When the case was called to trial the DA asked for a continuance in light of new evidence-- namely witnesses whose names she had only just been made aware of. The defendant's council said to the defendant, "I thought you said there were no wittinesses." He only shook his head and looked at the floor.
The defense objected to rescheduling the case but the judge overruled and scheduled the next court date for August 26, 2010.
I couldn't sleep last night as I somehow knew something else was going to go wrong. To my knowledge, none of the witnesses had been called upon to testify or even appear. No one from the DA's office had contacted me either. I decided I had to make sure that justice would be served as the next trial is only a month away and time is running short.
I tried using the telephone but after 2 hours of being told I was calling the wrong person I got in my car and drove to the Guilford County courthouse, checked in with security and found the DA's office.
After about an hour in the DA's office I was given the document referenced above and told to go downstairs to the Clerk of Court's Office and hand the paper to them. On the bottom half of the form the following hand written instructions were written for the clerk of court:
"Victim gave a list of witnesses to be subpoenaed for the next court date.
No one was subpoenaed--
1. Should subpoenas have gone out?
2. Witnesses names & addresses were not entered in ACIS
3. I've just entered them--"
In a minute or so I was handed back the note and told they could not subpoena witnesses unless directed to do so by the DA's office. I handed the note back to the lady and gently said, "Read the note."
Minutes later there were 3 people from the clerk's office and one man who came down from the DA's office, all working on getting the subpoena filed and entered into the system. When they brought the form back to me the second time it was stamped: FILED July 26th PM 2:20, Guilford County.
If you're a victim of a crime in Guilford County do not assume the wheels of justice will turn. Do not depend on the police, magistrate, clerk of court or DA to get it right.
Do not waste time on the telephone. You're easily ignored on the telephone and the phones never stop ringing at the courthouse. Instead, drive downtown and get yourself face to face with the various officers of the court. Be polite and nice but express your concerns that someone just might drop the ball.
Come August 26th you'll again find me patiently waiting at the head of the line for the Guilford County Courthouse to open. As for right now it's back to the
junkyard.