Dear news person;
Does anyone really believe that they are innocent until proven guilty?
I am going to tell you a story that WILL make you ask; How does this happen in the USA?
This is not an internet legend. This is really happening to a guy named Jason Yanna who lives in Virginia. This begins in Jason's own words (in red here):
'March 31, 2009 is a day that will forever be burned into my mind. It started out as a normal day for my business trips. I completed my installation in Northwestern Massachusetts, grabbed a late lunch and started heading for Cape Cod. Little did I know that this day would change my life forever.
Around 7:30 PM, I had just located my hotel in Yarmouth (Hyannis) Mass, and yet I continued down the road, just exploring the area that is Cape Cod.
Around 7:45 PM, a drunken, angry pedestrian stumbled from the side of the road and into the path of my vehicle at a point in which I could not avoid him(from my passenger side), in West Yarmouth Mass.
The gentleman that I hit I would later find out, had been arguing with his wife, and had also been drinking heavily. He later tested above .15, but below .19 at Massachusetts General Hospital, a couple of hours later. He was taken there that night with massive head trauma. It would have been worse had I not been doing the speed I was(25-29 MPH in a 35MPH zone).
On April 23, 2009, I was charged under Massachusetts General Law with Negligent Operation of a Motor Vehicle. based on the idea that I could have "stopped earlier than I did." This was also based on the victim "possibly" having walked from the left to right side of a major thoroughfare(St RT 28) in about 5 seconds(also does not factor intoxication and whether the victim really did such an action, which in my recollection he did not).
I was summoned to appear on Thursday June 4th, before a Judge because the summons arrived in Virginia, too late for me to sign and return so that I could appear before a magistrate. This would lead to an initial dismissal without prejudice. On this same date, a new citation was issued(mailed) to me for the same charge. I had a magistrate's hearing scheduled for July 1, 2009.
At this hearing, two parties from the Yarmouth PD, both the accusing and the investigating officer, appeared for what would later in this hearing be, on my behalf. The magistrate felt otherwise, and sent my case back to the court for arraignment... again. It was at this point that I was dismissed from chambers, and my lawyer, and the police got into a rather heated argument with the magistrate.
Afterward the last remaining person in the courtroom, had to meet in the other courtroom chambers.
During this time, up until June 12th, I was basically still working, but could not drive for my company to run service calls, I'd have to be carried to a call at the will of my coworkers(which was not often). Basically, I inventoried all of our ATM Parts. Around this time, I was place on paid administrative leave. This was fine with me, as I still had company support for legal expenses and travel expenses, and still be able to keep my household afloat.
On July 8th, I was placed on unpaid leave. I was pissed at this point. However, I knew that with our pay schedule, I was safe at least until August 15th(pay runs a month behind). I received a paycheck on July 15th, and yesterday was supposed to be another payday... I received nothing. I have been in contact with my boss, and attempted to contact my HR contact. She was on vacation last week. I will give them until Monday 2:00 PM to rectify this issue, after this, I am going higher in corporate to get my due pay. Thanks for the continued support.
So where do I stand...?
I have a pretrial hearing on August 15th, Barnstable County is f---ing around with me.'
That is Jason's initial description of what happened.
A news story appears in the Cape Cod Newspaper on April 1, 2009:
http://www.capecodonline.com/apps/pb...EWS11/90401007
No mention that the pedestrian was drunk, though.
To sum it up; Jason goes out of town for work, a drunk walks out in front of Jason's car, JASON gets charged with a crime, suspended from work, THEN put on leave from work.
Apparently Massachusetts set Jason's first date early enough that the summons got to him too late for him to sign and return the forms so that the case would be heard by a magistrate, and instead his case would have to be heard by a judge. Forgive the author in this case, as I am unfamiliar with a state having such a 'layered' justice (?) system.
When Jason travelled from Virginia to Massachusetts (June 4th, 2009) the case was dismissed without prejudice. On THE SAME DAY a new citation was issued to Jason for the same charge. A hearing with a magistrate was scheduled for July 1, 2009.
His next 'update' was just a response to minor questions from his friends about his money situation.
'From the 8th of July up to noon on July 16th, I expended all sick leave and vacation time. The other reason for placing me on unpaid leave is the length of time it has taken the court system to even reach this point. The only thing my company is basically doing for me now, is paying for my legal defense(criminal and civil). They are reimbursing me for my travel expenses but this process takes a long time(4-6+ weeks)'
And his next update, mostly a response to questions about lawyers and the drunk guy's family:
'This (Jason's) lawyer was picked up and out by my company, and our loss mitigation dept/insurance co. So far he's done "ok," but I still think more could be done.
I am waiting for one of our local lawyers to open up this morning. This guy we have used for years(it is a small town that I live in).
-----------
From what I understand, these people (the drunk guy and his family) have a thirst for blood, and have quite an ambulance chaser working for them.
As I see it now, my biggest hope is someone with the DA's office realizes the evidence is stacked against the victim here, and pursuing further into this case could make all accusing parties look like a jackass(police, prosecution, and victim). As it stands, the victim is far from the model citizen(known abusive, angry alky). The police are up to their asses in waste from recent cases, scandal, and public opinion. The prosecution proceeding with such could further exacerbate these issues, and in the end, further tarnish their standings in the community.'
So Jason has a pretrial hearing on 8-19-09, and is left hanging again;
'Here is where I stand at this point. I don't have probation... yet. The DA still needs to consult with the citation issuing officer, to decide whether or not to continue on with the case, to drop the charges, or to issue what is called Pretrial Probation.
It's not perfect, but at this point it would come close to at least heading me towards a resolution with the criminal side of my case. It could be unsupervised(which is what I'd prefer), or supervised, meaning possibly monthly or bi-weekly trips up north. Hopefully, the officer will stand up for me, like he did at the magistrate's hearing.
Here is my unemployment situation. I have a scheduled meeting at this point on September 23 now, to appeal for my benefits. They want to know if I "justly took leave" from my company. My company has said that they are supposed to terminate me(according to my lawyer...nice way to find out).If they would do this right now, I could re-file for unemployment and supposedly, they will not deny it. I'm not holding my breath at this point the way I've been screwed over. Therefore, I really can't officially apply for unemployment, nor can I attempt to collect as I am in limbo all around. I've got more bills to pay, and I've just about gone through my money that my gun purchaser gave me, in trying to pay my bills and make it back to Massachusetts for my court case. It's looking like my assets will soon be up for sale. I really hate to do this, but I've got bills due at the end of the month, and my expenses for my trips to court are taking 4-6 weeks to come back to me.
I've got a possible job offer to bide me over until this is at least resolved, but I still need to get to the job.'
September 15th, 2009, Jason writes:
'Greetings from Attleboro Ma. I'm in town tonight, and tomorrow we will know what my future fate is. I will either have charges dropped, probation, or a trial.'
And then, on 9-16, he updates through a friend whom he called while travelling, and posted the information for him:
'Well it looks like Jason has to go to trial next month. Or at least there's another pre-trial next month.
Seems there's a new DA that's fresh out of law school and has not a lick of sense in her head.
Even the judge questioned her on the decision to continue.'
Jason's next substantial update is on 10-1-09:
'The status is, that there really is not much as far as new status.
I received my expense reimbursement the other day... 2 weeks, I'm impressed.
I have had a conference call with my criminal attorney and my Great Uncle's attorney.The consensus is that the attorney is following protocol and going by the books. I am definitely making a surprise appearance on the 13th.
Otherwise, my HR contact has been jerking me around, and has not returned my phone calls.
Over the next week it becomes clear that the police department has dropped the charges, but the District Attorney is sticking with it. As to the motivation - one can only guess. It doesn't make much sense.
Jason has another hearing on 10-13-09, and again the update comes from a friend whom Jason contaced while travelling:
'Jason is out of court and trying to get off of the Cape as we speak. It was yet another useless trip, he has to go back next month.
Now, how the f--- does this s--- happen? The police dropped the charges and the dumbf--k DA is STILL pushing the case? The sheer stupidity is mind boggling.'
As you can see, patience is wearing thin at this point.
Many people are pushing to try to make this situation into a news story. Jason responds to those who are itching to get the news out with some reservation:
'I am on the fence about the press release. I live(born and raised, same with mom and uncle) in a small town(less than 7500), and gossip is an officially sanctioned sport here. If it got out here, I'm probably f---ed in the local eye, and would lead to a media s--tstorm.
The other half says to do it, and shed light on the politics that surround the state of Crappachusetts.
As Jon said, I sat in court all day until 2:30(when I was called up for the 4th freaking time), just to hear 10 minutes of back and forth conversations between the judge, my lawyer, and the Assistant District Attorney over motions and evidence. It's the same evidence that has been there all along! I have to go back again for another pretrial, on Nov 10.'
And finally Jason adds this on November 12th, 2009:
There is another problem. My lawyer has had AMPLE time to review the video from of the statements at the Police Barracks. I would consider this evidence to be crucial to my case. And the lawyer has yet to do so.
(Author wishes to point out - March 31, 2009 to Novermber 12, 2009 is OVER SEVEN MONTHS.)
I have a motion hearing for phone numbers, all of them! I am doing this to prove that I was NOT on the phone at the time of the accident. I know he has other clients, but is it that hard to do your job?
Are you outraged yet? I ask again - how does this happen in the USA? It is my strong hope that you will contact some of these people, and shed some light on how things work (or, more accurately DON'T work) in our court system. Over SEVEN months for a man with NO CRIMINAL RECORD and NO DRIVING RECORD to try to clear his name (unsuccessfully so far), after a DRUNK stumbled out into the street in front of his company car. The man has had to sell everything of value and may have to sell his house just because of what this court has done to his life. How does this happen in the USA?
Jason's own account
