Beginning: Poison in the sugar from the prisoner.
My request for disqualification of the presiding judge, after consulting with himself – refused.
“I ask to issue to me on hands the resolution on refusal. I intend to appeal Your decision to higher authorities.”I said, looking at the judge.
“After the meeting, the Secretary will give You a copy.”- the judge said resentfully and put the decision on the edge of the table.
The Prosecutor glowed with happiness and looked at me approvingly. Secretary judges watched with indignation.
There was an oppressive silence in the courtroom. I had the impression that today I was steering the meeting.
“Your honor, I have motions to investigate and release documents from the case file. These petitions I sent through the prison office a few days ago, but not to wait for them, ready to voice them today in court. Those who come by mail, please attach to the case file.”I announced.
The Prosecutor looked at my new lawyer with displeasure. The judge uncomprehending digested what I have said the replica.
“But at the request of the Prosecutor, we have already examined all the documents.”the judge said in confusion.
“You examined only those documents which are favorable to the party of charge. And here, documents which contradict charge, we didn’t investigate. The code of criminal procedure gives me the right to request the examination and disclosure of documents, as these documents will be referred to in the debate!”I said slowly, so that the judge could hear my thoughts.
“But You…” the judge began to speak, nodding at the decision to refuse his withdrawal, which lay on the edge of his table.
But suddenly his face lit up with insight, and he looked at me questioningly. I smiled at him. Which made the judge look even more lost.
“The code of criminal procedure gives me the right to apply for the study and disclosure of documents, as I will refer to these documents in the debate!”I repeated slowly again.
The Prosecutor was loudly indignant and demanded to refuse me the declared, but the judge was immersed in himself and thought about something, and maybe remembered my rights.
“The petition for research of the Protocol of interrogation of the victim …” – interrupting the Prosecutor, I began to read the statement.
“The court decided: to satisfy the petition of the defendant to announce the Protocol of interrogation of the victim…” – unexpectedly loudly declared the judge.
The Prosecutor looked down at the lawyer.
The judge granted and all my subsequent petitions, and also read out all documents which were “lost in business”. (Scan of one of the minutes at the end of the article.)
Everything inside me rejoiced, I was one hundred percent sure that now the judge is on my side. Don’t know why, but finally, their motions, I decided to make another one, so, to check their guesses:
“Your honor, please re-call investigator B. for questioning. The day before last, I was unable to ask him questions because of my poor health.»
“No, You had the opportunity to ask him questions. The court refuses this motion!”- said the judge, his eyes said: “do not play with fire.” (When the prisoner is faced with a difficult choice.)
We looked at each other for a few seconds. “His honor” looked at me like a child holding a nail and looking at a socket.
«Nicely. Let it be your Way.”I sighed.
The judge’s eyes widened in surprise.
“What, let it be our way?”he asked.
“I will not re-apply for the call of this investigator.”I said obediently.
“The defendant, how much time do You need to prepare for the debate? the judge asked in a soft tone.
“I think a week is enough.”I replied, although my written debate was ready and was with me.
«Nicely. The next meeting will be held in a week. There will be a debate between the parties.”the judge declared joyfully.
The Prosecutor looked at the judge in surprise, as did my lawyer. But the judge did not show that he noticed their views. He was sure that I would not appeal the decision to refuse his challenge.
“Do not remove the defendant from the courtroom. She is now the Secretary will award the decision to dismiss the disqualification of the presiding officer.”he announced the convoy in a stern voice.
After this was removed, but leaving the room still confused looked me in the eye.
In the sump, the convoy, not embarrassed by the hidden video camera, loudly discussed my challenge to the judge. The prisoners and prisoners who came with me listened to the news and looked at me with interest.
“Why did he announce the debate? Prior to consideration by the court of appeal of the decisions denying disqualification does not suspend its authority in the consideration of this criminal case? But the appellate court may revoke its ruling and then it was removed from the case. And you know she’s going to challenge the entire court.”the guards were arguing among themselves, not ashamed that everyone could hear them.
The same topic was later discussed in my presence in the prison septic tanks. Yeah, prison news travels fast.
For the next few days, the jailers asked me daily, “Don’t you need to file any statement with the prison office?»
I shook my head. I was visited daily by the psychologist, but I “was closed from all”. Refused to go to the bath to meet with fellow jailer. She refused to go for walks. I was lost in myself, thinking about the right choice before the debate.
Two days before the trial, balander handed the kid over. Countryman-the jailer wrote: “I do Apelles on the withdrawal.»
The day shift longitudinal Alia.
“Do you need help writing an appeal against the removal of the judge? There’s a judge in BS-nits’s cell who wants to help you. She has access to the President of the court of appeal. A lot of people want to break their careers with your judge.”- quietly said longitudinal Alia.
“No, I’ll write it myself. I replied.
On the same day as the next, I was visited by several delegations. There were inspectors from the Council. Was from the PMC. Then called for the warden, accompanied by a pseudo-Bear. I answered all of them indifferently that I had no “complaints or statements”.
After each such delegation, I was visited by a psychologist and already under pressure asked what was happening to me, why I stopped “fighting for my release”.
I kept quiet.
In addition to the “keepers”, I daily called Adam and offered to help cool the capital’s counsel “have already paid for the lads from the will.”
As it turned out, very much willing to destroy the judge.
But I understood that as soon as my case goes to another court, it will begin a new trial and it is unknown how many years it will be delayed. I will have to be in the unknown again, as well as to go through all the “workings” again, perhaps prison. But I had no strength for it.
I’m tired of fighting.
I believed in the honesty and integrity of this judge. I didn’t want to ruin his career with my own hands.
On the day of the debate, I went to the court for one purpose only – to finish the debate before the acquittal.
At the beginning of the hearing, the judge was tense, still waiting for me to appeal his challenge. But hearing that from I have no applications and petitions, happily moved on to debate.
“…. And assign punishment under part 2 of article 318 of the criminal code to 5 years and 8 months of imprisonment…..”the Prosecutor squealed happily.
Everything swam before my eyes, nausea propped up my throat, blood rushed to my head, my temples throbbed.
But most of all I was finished – the judge menacingly grinned at me with a smile of the Jackal.
Scan from minutes of meetings, on the eve of the debate:
Continued: essay –