B-F Judicial Circuit

Transcript of the proceedings had in the above-styled case before the HONORABLE RG, Superior Court Judge, at the courthouse in C, F-County, Georgia, commencing on Friday, the 11th day of June, 1999

APPEARANCES OF COUNSEL

For the State: JF, Assistant District Attorney

For the Defendant: SR, ESQ

MR. F: Your Honor, presently before the Court is  case number xxxxxx. It’s from the Sentencing Calendar, The State versus TJI.

Back on February the 3rd of this year, he entered a plea of guilty to a non-negotiated plea. A straight-up plea.

The Court ordered a pre-sentence investigation and a sex offender evaluation at his own expense.  And the State is ready to proceed, having learned that both of those have been performed.

THE COURT: All right.

MS. P: And, Your Honor, prior to the Court rendering the sentence — entering the sentence, I would like for the Court to hear from AC by way of a letter. She is the victim in the case. And I would also like for the Court to hear from AC’s father, who is in the courtroom today.

THE COURT: All right. Do you have any evidence you want to present, Mr. R?

MR. R: Just my client’s statement to the Court, Your Honor.

THE COURT: All right. You can proceed.

BY MR. R:

MR. R:  Okay.  Do you just want to do it here or do you want him

THE COURT: (Interposing) You can do it right there.

MR. R: Okay.

MR. F:  And, Your Honor, just to insure, if you don’t mind —

MR. R: (Interposing) I’ll swear him.

MR. F:  — also — and I would like to make sure that everything that he says is audible. It’s said into the microphone so that we can all hear and Ms. C can hear. When he entered his plea back in February, she was unable to hear.

THE COURT: Well, under the circumstances maybe it would be a better idea to put him up here right behind this microphone.

MR. R: Go to the witness box and stand up and raise your right hand.

(Whereupon, the Defendant took the witness stand.)

Whereupon, TJI, having been first duly sworn, was examined and testified as follows:

DIRECT EXAMINATION

       Q.   Would you take a seat and state your name?

A. My name is TJI

Q. T, this is your opportunity to address Judge G and tell him anything you think he needs to know or you’d     like to have him know regarding your sentence.

A.   Your Honor, I just want the family to know that I’m very sorry for what happened.  I do take full responsibility for that when it happened. This was back in 1991, and I had asked for forgiveness from my daughter — step-daughter, excuse me, and my wife. And we continued to live together for about another six years before we split up. When we split up, that’s when all of this started up again.

But I’m very, very sorry for what happened. And I’ve been under a tremendous amount of stress because this thing has stretched out almost three years and caused me a lot of anxiety and depression.

And I think that’s all I’ve got to say. I’m just very sorry about it.

MR. R: Your witness.

CROSS-EXAMINATION

BY MR. F:

Q. Are you aware of the anxiety and depression that you have caused your step-daughter?

  A. No, sir, I guess I’m not.

Q. And that’s for more than three years, isn’t it? That’s for longer than three years that you’ve caused her

depression and anxiety, right?

A. I don’t think so. I

Q.   (Interposing) When did this occur?

A.   In 1991. I tried to do everything to make things easier for her to never have that kind of problem again. I’ve never laid a hand on any of my kids except for her that one time.

Q.   One time?

A.   Uh-huh (affirmative).

Q.   Is that a yes?

A.   Yes, sir.

Q.   You’re saying that it has not happened more than once?

A.   No, sir.

MR. F: That’s all I have, Your Honor.

 THE COURT: You can step down.

(Whereupon, the Defendant was excused and exited the witness stand.)

THE COURT: Anything further? MR. R: No, sir.

THE COURT: All right. Mr. F.

MR. F: Your Honor, at this time, with the Court’s permission, MB with the Department of Probation would like to read — AC would like for her to read a letter to the Court.

THE COURT: All right.

MS. B: I believe you have a copy of that, Your Honor.

(Brief pause.)

MS. B: “To Those Who I Hope Are Concerned: Let me   tell you the story of my life.

My mother, YI, married my stepfather, TI , when I was seventeen months old. Needless to say, I grew up looking at T as a father. I loved him as I love a father. As anyone loves a father. I called him ‘Dad’, ‘Daddy’ and never called him ‘T’. I called my real father by his first name more than I did T.

One day when I was about eight, my brother, GI, was about three and my sister AI, was under one years old, I was babysitting AI. Actually, T was home, but I played ‘mom’.  I took care of AI and kind of took care of GI. I remember T, G and I were playing and T had me layed down on the floor with his pelvic area over my  face. Clothes on, mind you, the bad stuff has yet to come. Well, at this time in life T began to train me to massage. I would have to massage feet, legs, back, neck, temples and sometimes his stomach and chest if he was laying down on his bed. At eight years old, I began this journey through hell.

His manipulation part in this: to get all family members used to the idea of me giving T massages.

One night we were going to watch a movie. T had So, he then decided to give me baths. To wash my entire body with a wash cloth. These were times when mom was working. Unfortunately, she worked most nights throughout my childhood. One night, living in D’ville (I was probably nine or ten) he was giving me a bath. I think I said something negative about it because he started telling me that I should appreciate the body. That the body is beautiful. Right next to the bathroom was a room (an office at one time, later my bedroom). This room had a big window. He made me get out of the bath and stand in the doorway next to him and look at my body in the reflection. He had been wearing a robe. He undid his robe, so both of our bodies were reflected. We ended up moving into the his parents’ home for a small amount of time, so no baths were given. Well, we finally moved into F-County. We first lived in a house off I Drive. Then we moved to a house off F Drive. This is where the fun began. I was in the fifth grade at this time. I changed schools for the sixth time and I was very self-conscious about myself. I had low self-esteem. A lot of this had to do with what I was dealing with. I was playing mom, cook, maid and then parts of a ‘wife’. I became T’s ‘experience’. I was the elevenyear old that he tried to make have an orgasm. It all began with the stupid massages. He would make me sit on his stomach, almost on top of his penis, and massage his chest. Then he would tell me to massage his legs.  He only wore boxers. He would tell me to put on a big t-shirt only so he could be more comfortable.  If I was wearing pants or shorts, he would tell me to take them off. Sometimes he would have me take off my shirt so he could see how much I’ve ‘grown’. So here I am, skinny little girl, with panties and a shirt on, massaging his legs and chest. Forever I would massage. Then he would want me to go higher.  He would laugh at me. He would take off his boxers and make me grab his penis and ‘jack him off’. He would excrete semen many times like this. One day he had me in his bathroom.  He took off my clothes and made me sit on the counter with my legs spread. He undid his robe and excreted semen into the bathroom sink. Needless to say, somehow I got a yeast infection.  Oh, yes, I did.  I hadn’t even  had a period before and here I am with a yeast infection. Well, I go to a doctor (my mom took me), get some medication and it’s gone in a week. Well, Tom used the excuse ‘I want to check you out and see if you are okay down there’ for a couple of months.  He would have me take off my clothes and spread ’em wide so he could “check me out’. He would touch my vagina. Stick his finger inside and then eventually that led to him ·getting off’ once again. One night we were going to watch a movie. T had given me one of his nightgowns so I could wear it for special occasions like this one. G and A were laying on the floor in front of the TV. T had a blanket, a towel and was wrapped up in a robe. He had me lay on his side in front of him on the couch. We were both on our sides with him behind me. He pulled up the nightgown and undid his robe. He felt my breasts and then moved down to my vagina. He fingered me inside my vagina. I just layed there. He pulled my legs apart a small bit and stuck his penis between my legs. Not toward the inside of my vagina, but just between the legs. He eventually excreted semen into some toilet paper, and that was it. Oh my goodness, the amount of times that I saw him ejaculate I could not tell you. It was a regular thing that I could not control. He gave me guilt trips from hell if I didn’t do what he wanted. Well, finally I had enough. He tried to teach me how to french kiss. He said, ·you want to know how to do it when you have a boyfriend don’t you?’ So I thought, okay. I didn’t like it at all. The last time he touched me, it was forced. He tried to stick his finger inside my vagina and I fought against him. I cried ‘No’ and he kept telling me that I wanted it. That I liked it and it felt good. Within that week, I told mom through my diary what had been going on, and it ended. Toward me, that is. I was never touched again.

Let me make this real plain and simple. I am getting angrier and angrier the more I have to write this down. I am feeling large quantities of hatred for T right now and I am trying to teach myself not to hate and to forgive.

I understand you need this letter in order determine what kind of sentence T should receive. First punishment and main punishment from me that I request is to have this letter read out loud for the Judge and courtroom to hear.

I want people to know what this case is about. Child molestation on one occasion is slightly incorrect. On many occasions is more like it. One year of prison is not enough.

Don’t let him fool you. When he gets out of prison he will continue with his sick behavior. He has admitted to me that he’s a pedophile. He doesn’t care because he can’t help it.

If he ever gets remarried, that woman must know about his past, especially if she has any little girls. If you guys don’t put him in for the maximum time and he gets out early, he will molest those girls.

I have to do this in order for me to be able to go on with my life. I don’t mean to get rude with anyone working on this case, but it has to be understood that I live with this everyday. I never go a day without thinking about my past. I     have nightmares and I dream about him constantly. I need help and this is my first step. I need to be a part of this case. Technically this is F versus I. To me, it is C versus I. I pressed the charges. I am the victim. I want to be able to hear this case in the courtroom.

I want this letter read in the courtroom out loud.

That is what I want. I want him to stand in front of the Judge and plead guilty to all that has been charged in this letter.”

MR. F: Your Honor, at this time with the Court’s permission I’d like for Mr. SC to address the Court. Mr. C has undergone brain surgery recently. And with the Court’s permission, I’d like for him to be able to address the Court from where he is at this point, Your Honor.

THE COURT: All right.

MR. C: I had brain surgery about twenty years ago. It’s been a good while. Your Honor, I just — I just want to let you know that when I’m stressed out I lose some words. You may have to give me some extra time for them. TI is — since I’ve known him, to me has always been a con-artist. I’ve thought and thought and thought what the heck to say. I could write a book.  This happened a long time ago. In ’91, I guess. A came to me when she was seventeen. Came to my house, “Dad, we’ve got to go to the police. Just get in the car.””For what?”

“I can’t talk about it. Just get in the car.”

“Well, I’m not going to go anywhere unless you tell me what the heck we’re doing.”

“Just get in the car.”

After a couple of miles, slowly but surely I’m told about what’s happening.

And you know something, I wasn’t shaking like I am now. I was waiting for it.

So I had to let her know it was not her fault.  She had nothing to do with it. She couldn’t tell me because she was — they thought I was going to kill him. She was told not to tell me because I’d kill him.

So she — if I had known back then that all this happened — since her mother left, I had a house for my children just in case something like this-not something like this, but there was always a house, a room for my kids. And I could kill this idiot every time I saw him.

I didn’t have any children. I paid child support. Stick that in your head. Child support. I had brain surgery, I’m half blind. I had to learn how to talk allover again. My memory is shot. But I paid my child support. I never — one time I think I wasn’t able to see my children because T says I owe him for a couple of years. I paid Five bucks a month less than I should have.

So I was behind.

My son tells me he was his father. He was great with my son. He never had any problems with C. He’s a good con-artist.

Fantastic with my son. And yet he goes to bed -plays with my little girl and tells me I’m not paying child support enough.

And I just pay the bills. Pay the child support. Work to pay the child support and I don’t have any children. You’ve got my children. And what are you doing to my children, you bastard?

You sorry son-of-a-bitch.  Excuse me.

I paid my child support and I’m done. I paid it. You haven’t paid a penny. You have three other children that

you haven’t paid a penny — not one penny. You didn’t have brain surgery. They tell me that you have a little mental problem here. You can’t work or something? You can’t pay a penny for your child — for your children?

I’m an alcoholic.  I go to AA. I stay away from, drinking. And I’ve been doing pretty good. And you better take some classes, buddy, just like AA, but three times five times, ten times to get it into your head, buddy. You pay child support, you take care of your children.  You son-of-a-bitch.

THE COURT:  All right. I’m not going to tolerate that.

MR. C: I’m sorry.

THE COURT:  I’m going to listen to what you have to say, but you’re not going to do any name calling and you’re not going to vent your own personal

MR. C: (Interposing) I understand.

THE COURT: — things.

MR. C: I understand.  I’m sorry.

THE COURT:  If you’ve got something to say with respect to the sentence he ought to receive because of what he did to your daughter, that’s fine.

MR. C: He’s a con-artist, Your Honor. And he’ll look at you like he’s the nicest guy in the world. He’ll turn around and do the other. And he hasn’t paid a penny on his child support. I guess that’s all I’ve got to say, Your Honor.

THE COURT: All right. Anything else? MR. F: Nothing else, Your Honor. (Brief pause.)

THE COURT: All right. The record should reflect that Mr. I has been evaluated by the Highland Institute in this matter. And I’m just curious, Ms. B, did they have the letter that was written in this case available?

MS. B: No, sir, they did not. (Brief pause.)

THE COURT: And did they have the benefit of this letter before the recommendation — or did Ms. Ck have the benefit of this letter before the recommendation was made?

MS. B: Yes, sir. We spoke with Ms. AC the day we interviewed her and explained to her the pros and cons of both prison and probation. And she understood after leaving that interview what the recommendation would be.

THE COURT: Did Ms. C have the benefit MS.

B: (Interposing) Yes, she did. (Brief pause.)

THE COURT: Well, I have a little difficulty under these circumstances when someone gets up and says that this was a one time incident in the face of what clearly has been shown to me that it wasn’t a one time incident. That shows little or no remorse to me and does not warrant a sentence of probation, at least exclusively probation.

There was no negotiation in this case.

But I think under the circumstances there will be some time to serve in this matter.

Upon reading the evaluation that was done by the Highland Institute, they do seem to think that there is some chance that Mr. I might be responsive to the kind of treatment that they provide at that facility. But I hope that’s correct. And it’s going to be awhile before you can avail yourself of it.

The sentence in this case is going to be fifteen years of which five years will have to be served. The balance to be served on probation.

The fine is going to be One Thousand Dollars, Fifty Dollars for the Peace Officers Standards and Training Act, a One Hundred Dollar Jail Fee, Fifty Dollar Victim Assistance Fee and a Twenty-three Dollar per month Probation Supervision Fee.

You were appointed, Mr. R, is that correct?

 MR. R: Yes, sir.

THE COURT: I’m going to require that you reimburse  F-County for attorney’s fees disbursed to Mr.R. I’m going to require that youpay these fines and fees at the rate of not less than One Hundred and Fifty Dollars per month beginning thirty days after your release. Special conditions of probation in addition to general conditions, which will be explained to you by your Probation Officer, are as follows:

You won’t be allowed to take into your body any substance which is prohibited or controlled by any law of the State of Georgia or the United States except pursuant to a physician’s prescription, which shall be submitted to your Probation Officer for inspection and copying prior to ingesting any of the prescribed substances.

You’ll be required from time to time, upon oral or written request by the Probation Officer or any law enforcement officer, to produce a specimen of any bodily substance for analysis for the presence of a substance prohibited by any law of the State of Georgia or the United States.

You’ll be required to submit to a search of your person, houses, papers and/or effects, as these terms of the Fourth Amendment to the United State’s Constitution are defined by the Courts, anytime of the day or night, with or without a search warrant, whenever requested to do so by a Probation Officer or any law enforcement officer. And you specifically consent to the use of anything seized as evidence in any juridical proceeding or trial.

You’ll be required to report all arrests for any reason to the Probation Officer within forty-eight hours.

You won’t be allowed to possess any firearms, alcoholic beverages or illegal controlled substances or be in any residence or vehicle where they’re located.

You’ll be required to submit at your own expense to an evaluation for substance abuse and satisfactorily complete at your own expense any treatment program that may be recommended by your Probation Officer.

You’re to avoid any contact whatsoever, personal, telephone, mail or otherwise with AC.

You’ll be required to serve — excuse me. You’ll be assigned to the Specialized Offender’s Supervision Program

for Sex Offenders until further order of the Court, and abide by all special conditions, rules and policies of that

program. You’ll be supervised for the entire period of time on probation for the protection of the victim and/or class of

victims in this case. In the event that Ms. C is undergoing any kind of treatment or therapy as a result, I’m going to require that  you pay the cost of any such treatment, as well as any future treatment she may need as a result of your actions in this case.

Any questions?

MR. R: No, sir.

THE COURT: He’ll be in your custody.

MR. F: Thank you, Your Honor.

Whereupon, the above proceeding was terminated.)