Day 19: Letter to the Judge and Victor’s Advice

By | January 2, 2009
by Brian A. Wilkins
1/1/09
This day corresponds with Saturday, August 9.
Realizing this was the third Saturday I’d been in this place, I didn’t want to get out of that bunk and interact with anyone. Of course Chino would always come in begging for food and what not. While we were playing a few games of mock Texas Hold ‘Um and eating pork rinds, he told me I should write a letter to the judge and give it to him/her on Monday. “Dude especially since you’ve not been able to talk to anyone at all yet,” he said. I gave him a bag of Fritos to go away so I could begin writing this letter:
(Note: this version is truncated)

Dear Honorable Judge:

I’ve now been incarcerated for 21 days without any chance to present evidence or even speak on my own behalf. 

I was not only held at knife-point in my own apartment, told to hand over money by the alleged “victim,” then extorted for money (the demands are on my cell phone), but taunted with several racial slurs and spit on by the aforementioned. The police ignored the extortion attempt, my telling them he had a knife (as they wrote in their report), and did nothing to an alleged “victim” who violated his probation at least three ways that night.

I’ve been employed almost every year of my life since I was 11, am 12 hours from completing a bachelor’s degree, and have a criminal record which consists solely of a misdemeanor OWI in 2000. 

I believe a $54,000 bond is not only excessive, but unlawful, and completely unjustified. I will likely have to represent myself in this case, as I cannot afford counsel. I need to be able to research and investigate to give myself any small chance at justice, and i cannot do that from in here. I’ve also been denied the blood pressure medication I normally take daily, by the Maricopa County Jail, thus producing deadly readings.

I am requesting (motioning) for a release on my own recognizance, release to pre-trial services, or a significant reduction in my bond for all the aforementioned reasons. Please take everything into consideration and I thank you for reading this.

Sincerely,

Brian A. Wilkins

“But I just don’t know many people with gun charges who get released,” Chino said, in his typically negative way. Though he was weird and annoyed me a lot, I wondered if any of us in here would hang out otherwise. We were talking about having a “LBJ Reunion” when every one gets out. But right now, I can’t even imagine being free. I just have a funny feeling that I’m going to be in here forever unless I accept some bullshit plea. My letter to the judge should help if nothing else. There is also still the possibility the alleged “victim” and/or Wallace and Johnson of the Tempe Police don’t show up to court. I was told by a few guys the State would have to dismiss all charges if either happened. I’m not even sure how I’ll feel if I don’t get out. I almost expect not too get out, considering how everything else has gone down thus far. If I don’t, I’ll have to get people to move my stuff out of my apartment and put it in storage. 
Victor, the guy I went through the “the matrix” with, told me I should push for the judge lowering my bond. He gave me the number to a couple bondsmen who apparently would take 10 percent, then let a few people just sign and “vouch” for you, as far as the remainder. If that were the case, than even a $20,000 bond would be workable. And at this point, I feel if I’m giving any chance at all at being released Monday, it will no doubt be the most difficult, yet workable way. I was simply playing not to lose. Victor said he was an attorney before, but the bar stripped him, yatta yatta. He seemed like an intelligent guy, but was, like Chino, really negative. I didn’t talk to the guy much anyway since he was the “head” of the pisas (probably because he could speak English and Spanish), and he seemed to get really wrapped up in all that mess.
I guess if I get out on Monday, I’ll just stop by “Anne’s” place and hope maybe she never noticed I was gone (which was possible in our relationship) AND didn’t get the letters I wrote. But then again, I hope she DID get the letters in case the more probable scenario of me being in here for a long time happens. But on Tuesday, regardless, I have to let that go. It’s torture thinking about what would/could possibly be. I can’t believe 2008 started out as one of the best years of my life and now could end as the worst…or the last. 

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