Your Justice System in Action

It is with a heavy heart that I report that we still do not have a fair, timely and just sentence for Jessica.

Two weeks ago Judge Eskin continued the sentencing till this afternoon.  This gave Judge Lodge two weeks to get back in the saddle, at which time, if Lodge were not back, Judge Eskin would hear the case.  

Yesterday morning Judge Lodge was NOT back, and Judge Eskin agreed to hear.  At 11:00 a.m., D.A. Smith requested that Judge Eskin read the entire transcript of the January ‘06 hearing.  He agreed to do that, and planned to spend last evening reviewing the case.  At 3:00 Smith “disqualified” Judge Eskin, because he was going to hear the case.  

The third judge is Hill.  Hill will NOT hear the case.  He is this morning continuing it to his criminal calendar this Thursday, at which time he will continue it till Judge Lodge returns.

I am devastated.  I feel so helpless.  It’s as if Alex is dying again, and I have failed to help.  I’m going away.

Susan

April 15, Judge Eskin’s Court Room

Alan and I, along with Jessica’s mother, Melanie, showed up for court on April 8 only to find Judge Lodge was in the hospital.  The case was continued to April 15.  We all showed again, only to find that the new judge, Eskin, is going to wait a couple of weeks to see if Lodge gets back.  If he is not back, Eskin will have had time to review all the materials and will make a judgement on the resentencing.

So this week, Smith said that Eskin should not hear the matter, because this was a very complicated case (made complicated only by her) and Lodge would be back in a week.  So Steve said, no, he had spoken with Lodge’s clerk, and Lodge wouldn’t be back till the 28th.  

Eskin asked Steve what his concern over Lodge’s judgement was (paraphrasing here).    Steve said that Lodge intends to now impose the most severe sentence on the manslaughter charge, when he had originally given Jessica the lightest sentence on it on her merits.  So Smith said, no, he didn’t say he would do that, and then Steve grabbed his binder and read from the transcript of the hearing in early February where Lodge said, “This is the most aggravated case of vehicular manslaughter I’ve ever seen. . . I intend to be very strict.”

Eskin pushed Steve again about why he did not want to wait for Lodge.  Steve cocked his hip, pulled his jacket back, put his left hand on his hip, and put his right hand on the podium and said, “Well to be quite honest, I have seen the file on this case.  Judge Lodge has marked up, underlined and checked off points in Ms. Smith’s briefs.  None of the defense materials, the 45 letters, my briefs, have been touched.  He hasn’t read them.”

Then Steve pointed out to Eskin that Jessica earns 2 days credit for every day she spends in prison, but only 6 days for every 4 she spends in county jail, and that she has been sitting in county jail now since the beginning of February losing credits.  Eskin expressed concern about this.  He seems like a very thoughtful guy.

Then Smith reiterated that the hearing could not go forth under Eskin, because Lodge had the benefit of all the live testimony.  She said that a piece of paper could not convey the emotions of live testimony.  Eskin didn’t seem to like that at all.  I think he feels he could do a pretty good job if he read everything.

But I believe Eskin’s decision to give Lodge till the 29th to return to work, and then for him to take the case, if Lodge is NOT back, is a wise and, dare I say it, judicious, decision.   In the moment, it was disappointing for Jessica, who is paraded in in shackles every time this happens.  The emotional roller coaster is hard on all of us, but must be the worst for her.

So, we will be there on the 29th at 1:30, and we will have statements to make — to whichever judge.  I hope that if it is Lodge, that he is listening.

Susan

April 8, Judge Lodge in the Hospital

When we all arrived at the courthouse Tuesday morning, Johnny on the spot at 8:30 a.m., after tossing and turning half the night and wondering how to get a judge who had already made up his mind to listen to us and not ignore our opinion that Jessica is, indeed, a good young woman and not evil demon spawn as the D.A. has made out, (breath) the bailiff came out and told us the judge was in the hospital.

Now, we do not wish Judge Lodge ill, and we hope he has a good long period of bed rest. Any circumstances that brings this case before ANY other judge in Santa Barbara County is a boon to Jessica. 

So, you can imagine we were quite jubilant, not that the judge was sick, but that 1) we wouldn’t have to spill our guts only to be ignored and snubbed again, and 2) there’s a chance Jessica could get a different judge for the re-sentencing.  

They did bring Jessica into the courtroom, shackled wrists and ankles between two other woman. We could not talk to her;  her mother could not give her a hug. The three were seated in a front row.  I was fortunate to catch her eye across the courtroom.  I blew her a kiss.  She smiled the slightest smile and sat back so as not to see me too well.  She doesn’t want anyone to see her smiling, lest she be accused of smiling in court whilst Alex is dead.  It is all quite complex, the game the systems dictates we ALL play. 

Do you know how everyone feels when there is a disastrous earthquake, and so much death, and people search in the wreckage for survivors, and after 6 days someone finds a baby still alive, and there is hope?  Where there is life, there is hope.  That’s how I feel about Jessica.  She is hope that this wreck that killed Alex will not be victorious over both of their lives.  That she will come through this fire and find a way to get a life back.  

I told her mother, “Both of our children died in that wreck.”  And it’s true.  The person Jessica saw in front of her, the life she would have had, died in that wreck, as did many peoples’.  She must survive the testing fires, survive the abuses of prison and the hardships of jail and the bad opinions of the judge and so many others who will always be there to tell her she’s a bad person.  If she can do that, then she must try to build a life for the person she will have become, a person she never meant to be.  A person she may not even know.  I admire her courage under fire.  

She is covered with physical sores, and yet she looked beautiful to me as she sat, listening to her attorney, her face turned up to him as he stood above her.  She is slim and placid and vulnerable.  

I understand that Jessica is the individual most directly responsible for Alex’s death.  But there is plenty of guilt to go around.  And most of all, I think Alex would accept most of the responsibility for making a very poor decision to get into a car after both he and the driver had had too much to drink.  We all want to run the film backwards and make sure he stays at the party house, as he had planned.  

The re-sentencing was re-scheduled for NEXT Tuesday, the 15th.  We will know by Friday or Monday if it will go ahead at that time.

We wish Judge Lodge the best and hope he gets lots o’ bed rest for a couple of weeks.

Thanks, all you wonderful people!

Susan