09-10-2013, 05:01 PM
So I go to court yesterday. We get called. Its an emergency hearing about the 5th of August. On the 5th of August not, long past midnight, I am accused of calling Kaitlyn four times, saying "Bitch" each time. Then calling her a 5th time and stating, "I'm going to Kill you and take our son, Breydon W. Masten, and kill him too!" I supposedly hung up then and she called the police. Police came to her house and made a report.
I get advised that since I recieved the summons on Friday the 6th, that I could get an extension to seek legal aid and such. I waived that right.
Court begins and she calls her father as her first witness. Through the questions Kaitlyn asks him, he states that She knocked on the door, came in her room said that I had called her. He asked how she knew it was me she said she did and that another call was made 45 minutes later and it was on speaker phone and he knew it was me when I said "our son". He went on to say that his daughter gave the cop the number, cop called my number and I admitted it to said cop. Judge and I asked him some questions, I asked what the number was and he said he didn't know. Kaitlyn introduced a few pictures that said 'Incoming call' with time stamps. No number or anything. They said it was restricted, and I'm not sure all how restricted numbers work. I think it depends on the phone.
She gets up and testifies that I called her the 4 times and the 5th time. She puts on the record that she doesnt know what was said between the cop and her dad because she was told to go inside. She says the number she gave him was my number. The number she has for me is the number I have had for so many years. She keeps it in emergency She also says she knows its me cuz we were together for two years(When were we actually together I don't know.) and she knows my voice. Judge asks her some questions. One was, why would she keep answering a phone like that. She said something about something and emergency when her dads at work and crap.
Now I took two things with me. Proof that there are applications that could mask numbers to look like others, and I took a record of my phone activity.
I get on the stand testify that I didn't make those calls. I didn't threaten her of my son. I wasn't stupid enough to threaten her or my son. I know I would go to jail and such. Offer into evidence my phone activity that showed that my last text was on the 2nd and next text was on the 10th, so that no cop could have called me. It showed that my phone was off because the only text messages I got were from boost. It was three of them letting me know my phone bill needed to be paid to get it turned on.
Kaitlyn asks me if I know that any phone can make restricted calls. I say I don't know. She asks if I know that if cell phones are off they can still receive text messages and incoming calls(Not sure why? She'd ask this). I told her not mine. The only thing I can recieive is messages from boost. She then goes and asks me if I drink. I said yes. She asked me how much I drink and how often do I drink. I said it depends. She said on an average friday night. I said, depends on the friday night, who I am with and whats going on. She asked me if I drink to the point I don't remember what I said. I said 'nope'.
It was like she was leading to something but she stopped there I think.
I call my mom ask to the stand, and ask her about my phone she says she knows it was off. Kaitlyn asks her something about how would I know if I used someone elses phone she said because I lived with Bev and Ryan and they took their phones to bed with them because who doesn't? She said they didn't have a house phone.
She steps down and the judge asks a few questions. They produced the police report finally and the judge gave some thought after a few more questions were tossed around. I got to see the police report. I asked how come if they gave the officer my number and it was mine and I was called and admitted it then how come it wasn't in the police report. It was strange indeed. Both testified of her giving the officer my number after all. Finally the judge gave a 5 minute reccess so that Kaitlyn could try to get ahold of the responding police officer.
Well five minutes are over and they actually get ahold of the investigating order. He gets on the stand and Kaitlyn asks him if if what was stated on the record is true about the police report. He looks at her like she may be stupid and says, "I don't know whats been stated for the record." She asks him a few more questions.
I ask of what he has in his report, if he has anything stating that the officer called me and I admitted to it. He looks through and says no. I ask another question that gets a no. I asked him if it had happened, would the officer put it in the report. He pretty much told me not always. I asked him if the officer was given my number, would he have called me. He said not always.(Then police officers are stupid.) The judge asked him a few questions and got mostly the same answers. He did mention that he wasn't the responding officer, just the investigating officer, and from the report he recieved had put the warrant out for my arrest.(Yay I had an arrest warrant =/) He said they didn't know they were persuing it in Family Court.
I also state thatI haven't had her number in over a year since the last time I had met that judge.
Judge gives another reccess to carefully go over the evidence before making her ruling.
While waiting I ask my mom if that means as soon as I walk out the doors, if that means I will get handcuffs. She said she didn't know.
Well we come back in, the judge says that after looking over the evidence and testimonies and everything that had happened heres what she had to say: First she spoke about Kaitlyns dad, She mentioned that when she questioned them, the her dad kept looking Kaitlyns way and didn't know answers and it was pretty much like tit was being fabricated. She goes on to say that the police report and their testimonies do not collaborate with each other. She said that Kaitlyns evidence, that she presented and her statement didn't collaborate each other. She said the call that was stated that I made a the threat, was over two minutes. Way much longer then it would have taken to have for me to have made the threat and just hung up. She says that her testimony about giving the cop my number didn't match my phone records.
It was ruled that I was not found in Criminal Comtempt.
We walk out the courtroom to head to theclerks office to get a copy of the ruling. Mom was like, "The man wins for once". I see the Investigating officer waiting at the doors outside before I turn to go to the clerks office. I have a funny feeling he's waiting on me. After I come out with my paperwork and head to the doors I see my mom the investigating officer, one of the random ballifs and a female officer standing outside. I walk outside and my mom sayd, "You have to go with them."
I sigh and go "Really? Ok."
Well I get booked and get to enjoy the hospitatily of the Summerville court house Annex Holding cells for the night. Get my Bail Hearing a little after 8:30 in the morning and its done on through video. At the start I get told that Kaitlyn is there(She didn't bring her father...) and so is my dad and sister. She asks me a few questions. I tell her that I just had court about the incident in Family Court yesterday and was Found Not to be in Criminal Contempt.
Kaitlyn gets to say her peace. Say what I did(allegedly), say that I drink all the time that she fears for her and her son's life. She also mentions at or near the beginning that numbers were restricted and she knows it was my voice and so on.
My dad gets to have a say and says that he knows I didn't call them. He knows my phone was off cuz he paid the bill. That I didn't have any access to any phone to make the calls.
Well, the Judge pretty much doesn't seem to understand what I'm saying or anything. She says thatshe doesn't ahve anything from the Family Court(officers had told my mom that they wouldn't). She initially sets my bond at $5000(would have had to pay $500 to get out, so that meant I was stuck till the court date) and I get nervous and anxious not understanding. She says that it says that I did it on the warrant and I'm like ,"I didn't" In the end she lowered it to $500( Meaning we had to pay $50) .She says she can only go off the paper and stuff.
But yeah... I think some how I might be facing Double Jeapordy and someone get away with it.
I get advised that since I recieved the summons on Friday the 6th, that I could get an extension to seek legal aid and such. I waived that right.
Court begins and she calls her father as her first witness. Through the questions Kaitlyn asks him, he states that She knocked on the door, came in her room said that I had called her. He asked how she knew it was me she said she did and that another call was made 45 minutes later and it was on speaker phone and he knew it was me when I said "our son". He went on to say that his daughter gave the cop the number, cop called my number and I admitted it to said cop. Judge and I asked him some questions, I asked what the number was and he said he didn't know. Kaitlyn introduced a few pictures that said 'Incoming call' with time stamps. No number or anything. They said it was restricted, and I'm not sure all how restricted numbers work. I think it depends on the phone.
She gets up and testifies that I called her the 4 times and the 5th time. She puts on the record that she doesnt know what was said between the cop and her dad because she was told to go inside. She says the number she gave him was my number. The number she has for me is the number I have had for so many years. She keeps it in emergency She also says she knows its me cuz we were together for two years(When were we actually together I don't know.) and she knows my voice. Judge asks her some questions. One was, why would she keep answering a phone like that. She said something about something and emergency when her dads at work and crap.
Now I took two things with me. Proof that there are applications that could mask numbers to look like others, and I took a record of my phone activity.
I get on the stand testify that I didn't make those calls. I didn't threaten her of my son. I wasn't stupid enough to threaten her or my son. I know I would go to jail and such. Offer into evidence my phone activity that showed that my last text was on the 2nd and next text was on the 10th, so that no cop could have called me. It showed that my phone was off because the only text messages I got were from boost. It was three of them letting me know my phone bill needed to be paid to get it turned on.
Kaitlyn asks me if I know that any phone can make restricted calls. I say I don't know. She asks if I know that if cell phones are off they can still receive text messages and incoming calls(Not sure why? She'd ask this). I told her not mine. The only thing I can recieive is messages from boost. She then goes and asks me if I drink. I said yes. She asked me how much I drink and how often do I drink. I said it depends. She said on an average friday night. I said, depends on the friday night, who I am with and whats going on. She asked me if I drink to the point I don't remember what I said. I said 'nope'.
It was like she was leading to something but she stopped there I think.
I call my mom ask to the stand, and ask her about my phone she says she knows it was off. Kaitlyn asks her something about how would I know if I used someone elses phone she said because I lived with Bev and Ryan and they took their phones to bed with them because who doesn't? She said they didn't have a house phone.
She steps down and the judge asks a few questions. They produced the police report finally and the judge gave some thought after a few more questions were tossed around. I got to see the police report. I asked how come if they gave the officer my number and it was mine and I was called and admitted it then how come it wasn't in the police report. It was strange indeed. Both testified of her giving the officer my number after all. Finally the judge gave a 5 minute reccess so that Kaitlyn could try to get ahold of the responding police officer.
Well five minutes are over and they actually get ahold of the investigating order. He gets on the stand and Kaitlyn asks him if if what was stated on the record is true about the police report. He looks at her like she may be stupid and says, "I don't know whats been stated for the record." She asks him a few more questions.
I ask of what he has in his report, if he has anything stating that the officer called me and I admitted to it. He looks through and says no. I ask another question that gets a no. I asked him if it had happened, would the officer put it in the report. He pretty much told me not always. I asked him if the officer was given my number, would he have called me. He said not always.(Then police officers are stupid.) The judge asked him a few questions and got mostly the same answers. He did mention that he wasn't the responding officer, just the investigating officer, and from the report he recieved had put the warrant out for my arrest.(Yay I had an arrest warrant =/) He said they didn't know they were persuing it in Family Court.
I also state thatI haven't had her number in over a year since the last time I had met that judge.
Judge gives another reccess to carefully go over the evidence before making her ruling.
While waiting I ask my mom if that means as soon as I walk out the doors, if that means I will get handcuffs. She said she didn't know.
Well we come back in, the judge says that after looking over the evidence and testimonies and everything that had happened heres what she had to say: First she spoke about Kaitlyns dad, She mentioned that when she questioned them, the her dad kept looking Kaitlyns way and didn't know answers and it was pretty much like tit was being fabricated. She goes on to say that the police report and their testimonies do not collaborate with each other. She said that Kaitlyns evidence, that she presented and her statement didn't collaborate each other. She said the call that was stated that I made a the threat, was over two minutes. Way much longer then it would have taken to have for me to have made the threat and just hung up. She says that her testimony about giving the cop my number didn't match my phone records.
It was ruled that I was not found in Criminal Comtempt.
We walk out the courtroom to head to theclerks office to get a copy of the ruling. Mom was like, "The man wins for once". I see the Investigating officer waiting at the doors outside before I turn to go to the clerks office. I have a funny feeling he's waiting on me. After I come out with my paperwork and head to the doors I see my mom the investigating officer, one of the random ballifs and a female officer standing outside. I walk outside and my mom sayd, "You have to go with them."
I sigh and go "Really? Ok."
Well I get booked and get to enjoy the hospitatily of the Summerville court house Annex Holding cells for the night. Get my Bail Hearing a little after 8:30 in the morning and its done on through video. At the start I get told that Kaitlyn is there(She didn't bring her father...) and so is my dad and sister. She asks me a few questions. I tell her that I just had court about the incident in Family Court yesterday and was Found Not to be in Criminal Contempt.
Kaitlyn gets to say her peace. Say what I did(allegedly), say that I drink all the time that she fears for her and her son's life. She also mentions at or near the beginning that numbers were restricted and she knows it was my voice and so on.
My dad gets to have a say and says that he knows I didn't call them. He knows my phone was off cuz he paid the bill. That I didn't have any access to any phone to make the calls.
Well, the Judge pretty much doesn't seem to understand what I'm saying or anything. She says thatshe doesn't ahve anything from the Family Court(officers had told my mom that they wouldn't). She initially sets my bond at $5000(would have had to pay $500 to get out, so that meant I was stuck till the court date) and I get nervous and anxious not understanding. She says that it says that I did it on the warrant and I'm like ,"I didn't" In the end she lowered it to $500( Meaning we had to pay $50) .She says she can only go off the paper and stuff.
But yeah... I think some how I might be facing Double Jeapordy and someone get away with it.