I met Paul three years ago at my local watering hole. Nice guy. He was a volunteer fireman, and an ex-convict. Of course, when he found out I was a lawyer I got his life story. But he was funny and I enjoyed talking to him. Eventually, Paul and his family hired me for several different legal matters. They paid well and all was good.
Then one day Paul stopped by my office. He got arrested the night before and was being charged with misdemeanor drug possession. It was crack. He showed me how the police demolished the console in his car. He said the stuff was not his but belonged to the girl (prostitute) he was with and that she stashed it when he got pulled over. He believed his rights were violated and he wanted to fight the case. That is what we did. Despite his lengthy criminal history and the prosecutor's insistence he do some time with probation, he eventually plead out to a non-criminal violation. He paid a fine and went on with his life. That was two years ago.
Paul is still alive. He is still alive despite being arrested 7 times since we wrapped up that first case two years ago. Since then he was arrested five times for drug possession, and twice for larcenies, the last one being a felony. He is also alive despite being hopelessly addicted to the following (but not limited to) drugs; crack cocaine, cocaine, heroin, meth, alcohol, and tobacco.
Today, Paul is not in jail. He is not in rehab. He is probably stealing something to pay for a fix. Right now. Yesterday, Paul was ready to surrender himself at the local jail to do an eight month sentence. (Eight months to resolve all of his outstanding cases including the felony case). It's not that Paul wants to go to jail, but that he wants to live. He knows he can't control himself anymore. He tried rehab several times
but it never worked out. He wanted to stay in rehab but got kicked out
repeatedly because of insurance issues, or his poor health. He also knows the deal I worked out is good. So why can't he go to jail?
After two years of work, I was ready to resolve Paul's final case
in court yesterday. Paul could not make it to court because he was in the
hospital. The day before, Paul could not make it because of the
hospital, but we agreed that the judge would simply revoke his release
status and he could surrender himself when he was released from the hospital. Finally, I thought, this saga is
ending.
Oh how wrong I was. In an incredible turn of
events, the prosecutor argued against Paul going to jail! The very
same prosecutor who for over a year, insisted Paul had to do time, and that time was of the essence.
Why? Money. Because she complained to the judge that Paul only wanted to
go to jail so the county would have to be on the hook paying for his health
care.
Misconduct
was a word that jumped to my mind. I am all about saving money but the
last time I checked, the District Attorney's primary responsibility was
to protect the welfare of the community by enforcing the law. Paul, a self avowed danger to
himself, and the people around him, was prepared to surrender himself
at the jail. But because of the prosecutor's objection, he is on the street today.
Heckuva job Brownie.
(As an aside, I mentioned Paul was a funny guy. One time when he was getting processed after an arrest he asked me to stay with him. The officer asked him if he had any tattoos. He said, "Yes, I have your name tattooed on my ass." After a couple of tense seconds, the officer laughed. Thankfully he had a sense of humor. And sure enough, the words "your name" were tattooed on his ass. I guess he used the tattoo to win free drinks with bets at bars).
