Thursday, January 22, 2009

What a Waste of Court Time!!!

I was in Judge Robert Beaderstadt's courtroom this morning to observe the trial of a 15-year-old Crystal Lake girl who was accused of littering by her neighbor in November 2007.

This case has been a great concern to the girl and to her mother, and it has also cost them anxiety and money.

So, what happened in court today? The case was dismissed.

Why? The complaining witness didn't show up.

No surprise. This is not an isolated occurrence. Somebody's nose gets bent out of shape and they call the police. The police take a report. The person wants to file charges. The police ask if the person is willing to appear in court and testify. The person indicates that she will.

And then she doesn't.

If I were the judge, I'd be putting out a warrant for the arrest of the Complainant, who should have received a Summons to appear in court for the trial. After all, the Defendant was there and ready to defend herself. And, from the looks of things, the Crystal Lake Police Department was pretty well represented in the courtroom this morning. Those guys didn't show up for free. Were they on over-time?

In this case, the Complainant alleged something occurred at a time when the young girl wasn't even in the neighborhood. She wasn't home. She was visiting elsewhere, out of the neighborhood. And she had a strong alibi. The mother in whose house the accused girl was visiting was at the courthouse, ready to testify for the defense.

And so the Complainant chickened out. She had to know that she didn't have a case and she'd just make a fool out of herself in front of the judge. She would have been sworn in - sworn to tell the truth. Had she stood there and lied to Judge Beaderstadt, what action might he have taken?

Now let's back up a little to that fall evening in 2007. There had been a running feud between neighbors. Did the police investigate at all in any effort to learn whether a malicious and untrue complaint was being filed? Did they check out the alibi? And why did the Crystal Lake City Attorney even bring a petty case to trial, instead of realizing he didn't have a case and moving to dismiss it?

Should there be a penalty for the person who makes a complaint and tells the cop that she'll be in court and then doesn't show up? You bet!

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