3/4/08 Jessica’s Sentencing Continued Again — DA Didn’t Get Briefings to Steve When Directed

I got a call from Jessica’s mom on Tuesday morning at about 9:30.  DA Smith had been directed by Judge Lodge to get any briefings to Jessica’s attorney, Steve Balash, by Friday.  This would allow him to review and respond before Tuesday.  IF he worked all weekend on it, of course.  Smith got the materials to Steve sometime on Monday.  The sentencing has been continued to the 18th.   

Jessica to Prison

Jessica was secreted off to prison last night in the middle of the night. Judge Lodge refused to look at the points of law that her attorney presented. According to the attorney, Steve Balash, Jessica was sentenced for both killing Alex and for causing him great bodily harm. Ya’ can’t do both. Judge Lodge refuses to apply the rule of law. He insists that anyone with a .20 blood level is a “drunk.”Here are some thoughts from Jessica’s mom, Melanie.This was written Wednesday, 3/28/07:Hi folks – by now most of you know that Jess got slam dunked in court yesterday – the judge refused to even look at the errors in the sentence and went on a very unbalanced rant about Santa Barbara and drinking in general. He never addressed the motion or the arguments and just said stick it where the sun don’t shine. The DA was very happy that the points of law were totally overlooked but it appears that there is little left to do.If anyone is going to write to Jess, do it now, ’cause if she is going to be hauled off to prison I would think it would be within the next two weeks. Once that happens I will email the address and her “W” number. The inmate emails I have read all recommend postcards at first as they will get there much faster – other mail can be delayed up to a month.She will need all the contact and support she can get at first because they isolate them, yell at them, intimidate them with shoving and arbitrary commands and changes in schedule, etc. One girl could not leave the “tank” for three weeks, because the guard said she had to have a hair tie to leave but would not let her leave to go try to buy one…so it is just bullying and power stuff – they strip search frequently and keep them in a moo-moo type clothing item for at least 2-3 weeks. That is called the break-in and I guess it’s pretty hard. During that time they can GET postcards but cannot call, send mail or contact the outside in anyway. It is supposed to instill respect for the guards and meekness toward the whole system.All I can do from here is just try to facilitate her support system and I thank you – each and every one – for the support you have given her and me. I know God has a plan, and I am trying to relinquish my own will towards that….But plan to fight in whatever ways we can as long as we can! thank youLove,MelanieSent Friday, 3/30/07Hi folks:I hate to tell you, but jess got taken late last night and had her friend Em call me today to let me know…her last words were don’t forget to call my mom and tell her I love her and tell everybody I will be okayxoxoxo no address yet but this is what I have to offer so farI am trying to get information on her, but I guess, due to the holiday, have had no luck – may have to wait till Monday – I think they knew that and it sucks! Steve is so mad she got shipped so bizarrely late at night and so immediately – He said it’s personal and very unusual – arrggh.

Jail versus Prison

Just a point of clarification: jail and prison are two very different things. Several of Alex’s friends are sitting in judgment from a place of anger and are saying, now that they are older and wiser and no longer drink and drive or ride with someone who has been drinking, that Jessica deserves to sit in jail and ponder the errors of her ways.There are two incarceration options on the table: Time in county jail or years in state prison. I suggest you all do a little research on the difference. What we are advocating is to keep her out of the state prison system, a system which is so overcrowded people must sleep on the floors, and violent criminals are not separated from non-violent offenders. Women inside claim they are subject to sexual abuse by male guards, and guards are used as medical assistants. The only system in the country where men have this power over female prisoners. That’s what the women inside say. That’s my source.