montysgirl
04-27-2002, 03:53 PM
montysgirl
Texas
Hello everyone! I am new to this site, and so far I love it! At this time in my life I need a group of friends that can understand what I am going through! My husband received a 20yr sentence for burglary of a habitation. He got 20yrs for supposedly kicking a door open and yelling "I'm going to kick your a**!" The trial was very one sided and corrupt. We had an appeal going through...but everyone knows how long those take! We had several points of error to base the appeal on and the D.A. knew it. The conviction was based on the testimony of a man that my husband had a long time fued with. This man had to be brought from a Federal prison in LA to testify against my husband. The defense attorney did not defend my husband at all. It was appalling. A key witness that would have cleared Monty (my husband) was not brought in. The defense lawyer told us not to contact him because he was on the states witness list. So-ignorantly-we listen to the attorney. Well, the result is a 20yr sentence. Monty is only 22 years old. No, he doesn't have a perfect past, but who does? Then to make matters worse, Monty had a sexual assault charge pending. We were not worried about that one because we knew it was frivolous. Here are the key facts to that case: NO physical evidence, "victim" has recanted her statement-we have her on audio tape saying it did not happen, "victim's" psychologists didn't believe the story, there are at least 4 different versions of the story, "victim" was obsessed with Monty-she carved his initials in her ankle with a knife...it just goes on and on. We didn't think he would get convicted of sexual assault. We were in the process of hiring an attorney from another county when they moved the trial date up over a month. The judge refused to grant a continuance. This prevented the new attorney from taking the case because he couldn't be ready for a trial like that in 3 weeks! Well, we did all the work for the court appointed attorney, and he seemed very confident about what the outcome would be. Then the trial date comes around (4/23/02) and the attorney didn't seem so confident anymore. In the pretrial hearing, the judge told Monty that he had the power to stack the sentence on top of the 20yr burglary of a habitation sentence if convicted. We knew he would do it! Well, after some negotiations, some crying, and even some cussing...Monty took a 7yr plea agreement. Now he will be a registered sex offender. Even though he...and everyone else..knew he was innocent, he took the deal. Monty did this because he was scared. He got railroaded in the burglary of a habitation trial, so what was going to keep that from happening at this one. Monty took the sure shot at coming home to me. We do not regret this decision. It was the right thing to do considering the system makes sure it gets you--one way or the other. Part of the plea agreement stated that Monty had to drop the appeal on the burglary case. I never knew how bad the system could screw you until now! We are still fighting! It may not be in the courtroom, but it is where the voting public hears us. This D.A. will not ever get re-elected when I am through with him! But, nevertheless, this is how our lives our now. I am trying to get through this the best way I can. I still haven't heard from Monty. I do know where he is, though, and I can probably go see him next weekend! Hopefully, I'll get a letter from him soon! Thank you for listening to our story. I hope to make new friends on this site! I need all the support I can get!
Texas
Hello everyone! I am new to this site, and so far I love it! At this time in my life I need a group of friends that can understand what I am going through! My husband received a 20yr sentence for burglary of a habitation. He got 20yrs for supposedly kicking a door open and yelling "I'm going to kick your a**!" The trial was very one sided and corrupt. We had an appeal going through...but everyone knows how long those take! We had several points of error to base the appeal on and the D.A. knew it. The conviction was based on the testimony of a man that my husband had a long time fued with. This man had to be brought from a Federal prison in LA to testify against my husband. The defense attorney did not defend my husband at all. It was appalling. A key witness that would have cleared Monty (my husband) was not brought in. The defense lawyer told us not to contact him because he was on the states witness list. So-ignorantly-we listen to the attorney. Well, the result is a 20yr sentence. Monty is only 22 years old. No, he doesn't have a perfect past, but who does? Then to make matters worse, Monty had a sexual assault charge pending. We were not worried about that one because we knew it was frivolous. Here are the key facts to that case: NO physical evidence, "victim" has recanted her statement-we have her on audio tape saying it did not happen, "victim's" psychologists didn't believe the story, there are at least 4 different versions of the story, "victim" was obsessed with Monty-she carved his initials in her ankle with a knife...it just goes on and on. We didn't think he would get convicted of sexual assault. We were in the process of hiring an attorney from another county when they moved the trial date up over a month. The judge refused to grant a continuance. This prevented the new attorney from taking the case because he couldn't be ready for a trial like that in 3 weeks! Well, we did all the work for the court appointed attorney, and he seemed very confident about what the outcome would be. Then the trial date comes around (4/23/02) and the attorney didn't seem so confident anymore. In the pretrial hearing, the judge told Monty that he had the power to stack the sentence on top of the 20yr burglary of a habitation sentence if convicted. We knew he would do it! Well, after some negotiations, some crying, and even some cussing...Monty took a 7yr plea agreement. Now he will be a registered sex offender. Even though he...and everyone else..knew he was innocent, he took the deal. Monty did this because he was scared. He got railroaded in the burglary of a habitation trial, so what was going to keep that from happening at this one. Monty took the sure shot at coming home to me. We do not regret this decision. It was the right thing to do considering the system makes sure it gets you--one way or the other. Part of the plea agreement stated that Monty had to drop the appeal on the burglary case. I never knew how bad the system could screw you until now! We are still fighting! It may not be in the courtroom, but it is where the voting public hears us. This D.A. will not ever get re-elected when I am through with him! But, nevertheless, this is how our lives our now. I am trying to get through this the best way I can. I still haven't heard from Monty. I do know where he is, though, and I can probably go see him next weekend! Hopefully, I'll get a letter from him soon! Thank you for listening to our story. I hope to make new friends on this site! I need all the support I can get!