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***Functional 13 Yr. Old Retard "Learns" Judicial System

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  • jail4judges
    Retard, Who Can t Read, Learns About The Judicial System From: TESSIE KIDWELL To: jail4judges@mindspring.com Sent: Saturday, June 03, 2000 6:13 PM Subject:
    Message 1 of 1 , Jun 6, 2000
      Retard, Who Can't Read,
       "Learns" About The Judicial System
      Sent: Saturday, June 03, 2000 6:13 PM
      Subject: mental retarded jailed 15 days

          On 2-7-00 a policeman came to my door to arrest the ward I take care of. He is 21 but mental capacity is approximately 12 or 13. He receives permanent social security disability for support and I monitor all of his needs. He had been given a citation for petty theft in December and I knew nothing about it. He was arrested for FTA -PETTY THEFT.    
            I explained to the officer of his mental condition and showed him the proof of disability . The officer said he couldn't help me,just take the info to the Arraignment tomorrow morning and give it to the bailiff. I prepared a statement of information for the judge (COMMISSIONER PATRICK SINGER at the Victorville,CA  Superior Court). It was my main duty to inform the court that the boy was a mentally retarded individual and should not be in jail.
            I arrived early at court and tried to speak to the bailiff if he could let the judge know about him being "Mentally Disabled". As I stood up to speak, the bailiff pointed at me and said "Get back there lady and set down". He was rude and loud .
            When the judge (COMMISSIONER PATRICK SINGER) came in and called the boys name I also stood up with him. I softly spoke ,"Excuse me your honor". I knew I had to let him know
      the boy was "Mentally Disabled" so he would dismiss the charge and not sentence him to jail. But, in view of our right to be heard in court as an interested party, COMMISSIONER SINGER shouted "SET DOWN LADY".  But your honor I said. COMMISSIONER SINGER  shouted "SET DOWN LADY AND SHUT UP".  "ANOTHER WORD AND I'll HAVE YOU REMOVED FROM THE COURT ROOM".
            He read off charges of FTA-Petty Theft and the boy said not guilty. PATRICK SINGER held the boy in jail and gave him pre-trial date 2-17-00. The boy was sent to West Valley detention.
          I immediately went to the Public Defender's office and explained the situation plus left a copy of the memo I prepared for the judge. I wanted their office to have the charges dismissed and get the boy released from jail. She said they were over loaded with cases and did not think they could do anything about him until he went back to trial.
            This "Mentally Disabled" individual was kept in jail for 11 days. He didn't understand they had certain tables in jail where you sit to eat, (you know, "blacks/mexican/white") so he sat
      at the wrong one and got beat up. He was mostly sore and bruised. He called me collect two or three times a day from jail wanting to know if he could come home. I called the Public
      Defender's office and told them that he had already been assaulted in jail, what could they do. She suggested I call the duty officer at the jail and let him know the boy was mentally retarded and maybe they could monitor him.
            On 2-17-00 pre-trial he never saw a judge. They had him sign a" Plea Bargain" (he can't read either) for PC 490.1 and dismissed other charges. His sentence was 15 days in jail....
      11 served and 4 for conduct. I went to pick him up from West Valley @ 10 pm.
             If PATRICK SINGER would have given me my legal right to speak , this incident would never happened to the boy. 11 Days in jail and assaulted  to one who has mental capacity of a 12 year old boy left a traumatic effect .
                     Apple Valley,CA    

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