(upbeat music)
Kyle Graham.
Morning, your Honor.
Morning, sir.
Mr. Graham, you're charged with going through a red light
on North Main Street and Branch Avenue.
Yes, sir.
This was at 6:16 in the evening.
I don't know if it was me.
I don't know if it was my son.
Because I go to Miriam Hospital for treatments
for my legs
and at that time, I might have had to rush or rush home
or my feet might have got stuck on the gas pedal.
'Cause my legs are not that great.
At that time, I was doing a lot of treatment
and my legs was not that great.
They get stuck.
I couldn't drive that well.
I couldn't function that well.
Your foot got stuck on the gas.
No, it's my leg.
It was my legs. Your leg got stuck.
It might have, I don't know.
I don't remember what happened, to tell you the truth.
Suppose somebody was crossing the street.
That's what I'm saying.
I don't even remember 'cause my legs--
No, you don't remember.
You got memory loss
and your foot gets stuck on the gas pedal.
Anything else you wanna say to incriminate yourself?
No one was crossing the street, I know that.
Oh, no one was crossing the street.
No, no one was crossing
the street. Thank God.
Glad I wasn't in the area.
No one was crossing the street.
We're gonna take a look at it.
Okay.
Okay.
He's in the middle lane Your Honor.
Which vehicle is his?
What was the time on that?
0.3 Your Honor.
The statute provides that if you
pass a red light on camera,
and the time is 0.2, they don't charge you.
That's 2/10 of a second.
You were 0.3.
The difference between 0.2 and 0.3 is so infinitesimal,
that I give a break on it.
Okay.
So, I'm probably gonna give you a break
but I'm concerned about what you just, seriously,
I'm concerned about what you just told me.
I don't want you to place yourself in jeopardy
or anyone else so you have that issue
where your foot, your leg
gets stuck or you can't control it.
You should not be driving.
That was at that time.
I'm okay now.
Oh, you've rectified the problem?
Yes, sir.
Oh, I'm sure, you've rectified the problem.
Yes, sir.
Alright.
Fully in remission now.
Oh, it's because of a medical condition you have?
Yes, 'cause of a medical condition.
And you really don't have to
tell us your medical condition.
That's very private with you.
Okay.
But, we're all wishing you well
and hope that everything works out,
whatever the medical condition is.
Based on the time, the matter will be dismissed.
Good luck to you.
Thank you, sir.
Have a good day.
I was happy to hear Mr. Graham is in remission
and hopefully headed for a full recovery.
But his case does bring up an important issue.
Safe driving demands your full concentration
and complete control of your motor skills.
If you have a medical condition,
please, take the time to heal your body
and clear your mind.
Trust me.
Your family, friends, and fellow motorists
will all appreciate it.
(guitar solo)
Counsel, you identify yourself for the record?
Susanna Koetter for the defendant.
Alright.
This is point number 15-115 charges Jasmine Pacheco with
disorderly conduct.
The matter is,
in my judgment a serious matter
because it involves two young children.
Evidently Ms. Pacheco has two children,
Tristan who is five years old
and Avery who is one year old, not one yet.
The children have been staying with a grandmother
and according to the police report,
Ms. Pacheco went there last night to get the children
and the grandmother wouldn't release the children.
According to the report, the grandmother alleges
that the children have been there for several weeks
and she hasn't been there to pick them up.
And it's a question about custody
and Ms. Pacheco said she had custody
but she went to her house, she couldn't find the papers.
So the police arrive.
The police had to make a decision.
They called DCYF.
DCYF says we don't have a case on this
but we'll look into it.
In the meantime, they advised the police to
have the children stay where the police thought
it would be in the best interest of the children
for the night.
Well the hour was late, it was after 9:00 last night
when all this happened.
And so the police determined that
because the little baby was sleeping
that the children would stay with the grandmother.
And then Ms. Pacheco became somewhat irate
and as they were leaving, she attempted to get back
into the house and disobeyed police commands
and they couldn't stop her
and she broke a column outside on the porch.
The grandmother wasn't interested in filing charges
for property damage but because of her unruly conduct,
police had to restrain her.
The charged her with disorderly conduct.
Yes, Your Honor.
This case is much more serious
than a disorderly conduct case
because it involves two young children.
How do you plea?
Your Honor, my client admits
that she was overly emotional last night.
She is going to DCYF today to begin the process
of dealing with this in a more formal channel.
But she will admit that she was a little bit disorderly
last night and she pleads no nolo Your Honor.
By my inclination,
is to plea her a not guilty.
Okay.
And I wanna sit her down for trial.
Okay.
Because I'm concerned with that what's gonna happen now.
Because right now, the situation is unsettled.
Yes.
The children are still with the grandmother.
She wants the children.
I really don't know
what's in the best interest of the children.
Yes Your Honor.
Other agencies that will make that decision.
I understand DCYF will get involved.
Yes.
At that point, DCYF or the family court
or some other agency that is empowered to make that decision
will make that decision.
In the meantime, if all of that gets resolved
and there's an amicable solution
and I am satisfied that the channels are followed,
the children are being properly being cared for,
then I'll dismiss this.
But until that happens,
I don't wanna make a decision on this case.
Okay, that's fair.
Is there anything else you wish to tell me?
No, Your Honor.
That's fair.
She was planning to go to DCYF after this anyway.
Good luck to you.
As you saw, the public defender recommended that
her client plea nolo to the disorderly conduct charge.
The term nolo is short for nolo contendere,
a latin phrase which means I do not wish to content.
The nolo plea means that the defendant neither admits
nor disputes the charge.
But it has the same immediate effect as a guilty plea.
In this case, I felt that it would be better for Ms. Pacheco
and her children if she pleaded not guilty.
Then we could set the case down for trial.
Hopefully, that will allow time for the custody dispute
to be amicably resolved
and I will be able to dismiss the charges
which in the long run, will hopefully be beneficial
to her and her children.
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