reply to post by AshleyD
Not being jerked around. Yes that is the original post, and another reader has also posted the link. I think there is considerable difference from my
first post a year ago until today. I am much more willing to accept criticism, even to the point of probably believing I really did do something
wrong. As the court date came yesterday, I requested opinions and examples if other ATSers knew of any. I am curious about right, wrong, other's
instincts, how someone else thinks they would react on instinct, etc.
My first post last year was considerably more defensive than now, but I must say without the lesson I am now learning I would probably respond the
same way again. My hope for anyone else who finds themselves in a similar position is to be better prepared than I was and armed with more
foreknowledge reach a more positive outcome.
As an update, I did speak to an attorney today who will "compel" the news station to provide us a complete copy of start to finish taping including
anything that was and was not edited out. If it has not been tampered with, I have every confidence it will show me as an aggravated, but sincerely
concerned parent who acted less aggressively than the news crew. The attorney's concern is the complete footage may no longer exist and whatever
edited version is presented can be spun to appear however they choose. The attorney does not practice both civil and criminal, but his suggestion was
to pursue civil (through any of multiple recommended associates of his) in agreement with me that the attitude of piety needs to be addressed.
Apparently, legal and civil can also take the very same circumstance and reach extremely different conclusions. He told me in a strict sense I
assaulted the camera man simply by the act of approaching him, however mitigating circumstance is well in my favor in his opinion. He will request a
jury trial at which time he thinks the DA or judge will throw it all out for the same reason another reader mentioned that this is too much nonsense
for too little return. He made it very clear he could not and would not guarantee the end result, but he felt very confident that if it actually does
get before a jury he will turn them into my "fans" (his words) before the 30 minutes worth of trial will be over.
He spent a lot of his own time today also explaining to me that the letter of the law and the intent of the law are often at odds with one another and
his experience is the intent is on my side and this is the one judges tend to favor, if f or no other reason than appearing to be caring, human beings
(again, his words).
Lastly, of all things, he discounted his rate immensely and offered to let me pay IF I can or WHEN one of his friends wins a lawsuit against them.
Wish I could remember all the legal terms, but there was quite a bit in my favor in civil court and it seemed to balance more closely on the legal
front. In the end, it could come to how a judge subjectively interprets the situation vs. the "intent" of the law and my sincerity concerning the
safety of my son.
I feel much relieved, but we will see. To conclude, yes I did take a attitude of much more finger pointing originally, but my new post is for learning
and sharing purposes. Hopefully, ATS readers will understand I am not asking for blind faith nor absolution. I appreciate the input from other members
so much I am perfectly willing to be judged wrong if that is the prevailing opinion, but I trusted ATS to tell me the truth as they see it and that
also helps me grow.
Hope this explains some of the concerns and questions I have read, and thanks for your time.