I will warn you up front that this diary will not have anything to do with Democrats, Republicans, Arlen Specter, SCOTUS, Gopasaurs, or even pie... delicious pie...
But it is a story about justice - or the lack thereof - in America. Today, my friend of fourteen years (half our lives) was sent to prison for a crime he didn't commit.
Even though Rob and I were the same age and grew up only two streets apart, our lives went down very different paths. No, he didn't get involved in drugs or crime or anything like that - in fact, between the two of us, he was always the one of the 'straight and narrow' mold. He always tried to do right, but seldom got the support he needed. The day he turned 18, his father began charging him for rent and bills and would not let him eat any of the family's food - he had to buy everything for himself from that day forth, even though he was only in the 11th grade. His father was a somewhat mindless conservative who believed that everything in life had to be earned with no help from anyone and put his beliefs into practice in the most ass way possible. And so after high school, while I went off to college in Boston, Rob drifted from one tenuous living situation and one low-wage job to the next. Having never had any real support in his life, he turned to women for help, but every relationship he had eventually imploded because he found his partners either too controlling or too distant. Many times he would come close to getting his life on track only to lose it by making rash, emotional decisions. Several times he was screwed over by heart problems injuries - including two on the job injuries that required surgery, one of which almost cost him an arm - which he could not afford to pay for without insurance. (One of his injuries resulted in a civil suit but his useless lawyer blew it for him).
Three years back, Rob met "Kathy" (name has been changed as death threats were made against her on Facebook today) and despite a domestic dispute that was supposed to be cleared from their records, they decided to have a baby together. Baby Olivia was born February 2007 and Rob and "Kathy" were nervous but good parents.
Then things went horribly wrong. One night, in a momentary bout of negligence, Rob dropped Olivia while he was giving her a bath. He did his best to take care of her until "Kathy" got home with the car and they took Olivia to the hospital for x-rays to be safe.
That was when they found the fractures. Healed and healing fractures all over the baby's body. DCF was notified and they immediately accused Rob of beating Olivia. Over the course of the next year, he was acquitted in civil court as there was ample evidence that the baby's grandmother, "Kathy's" mom, was the abuser. But DCF still saw fit to press criminal charges against Rob, citing that "statistically, the father is far more likely to be the one hurting the child".
Unfortunately, Rob doesn't have a lot of money and had already sunk everything he had into defending himself. Today, when jury selection began for his case, his lawyer told him that since it came down to his word against theirs, his chances were very slim. He was told him that his best chance was to take a plea bargain for four years plus 40 years probation. Otherwise, he would face 30-60 years in prison. He said goodbye to his new wife (their one year anniversary is on Wednesday) and plead guilty to all five charges. Five times he had to tell the judge, "I'm guilty," knowing full well that that was not the case.
For the next four years, my oldest friend will be locked up. And when he gets out, he will be confined to a state of practically house arrest until he is 74 years old - if he behaves he may get of it 20 years early. He will not be allowed to leave the house. He will not be allowed to work a job. He will not be allowed to practice martial arts, the one thing that gives him peace. Does this sound like a particularly harsh form of probation? Because it is. In my work I come into contact with ex-offenders all the time, and I have never heard of such conditions. But so sayeth the Great State of New "Live Free or Die" Hampshire. (BTW, we're from CT, but the baby's family lives in NH and that's where the crime was committed by whoever committed it).
This saga has brought home for me that fact that even though we have reason to be optimistic about where our country may be headed, there are still problems that run far too deep. I believe in Rob's innocence, and today he went to prison for a crime he did not commit because he could not afford to defend himself, and because a jury would most likely not take him on his word, which is all he has. Let's face it, many who read this diary will be skeptical about his innocence. After all, he did admit to dropping the baby. He did have a domestic violence incident on his record in CT (even though the police report - and I have read it myself - states that SHE attacked HIM - irrelevant in NH). Considering the horrific problems with violence against women and children in our society, it really can be difficult sometimes for an man who stands falsly accused of such a crime. In fact, I feel scummy even making a statement that sounds so close to the "White men just can't get a break!" meme, even in defense of my friend.
But it also reminds me of the reasons I am a Liberal. Since I've known Rob, I have seen a good person get repeatedly stepped on by Teh System, by conservative ideology, and by sheer bad luck that wasn't his fault, and I have seen the consequences of all those steppings manifest themselves in self-imposed bad luck and bad decisions. I have seen a guy work his fingers to the bone and live straight as an arrow get nowhere, despite the "American Promise" that doing so would lead to prosperity. I've seen what happens when we are tossed out into the world and expected to "sink or swim" without at least being shown how to do a basic free stroke.
(I also saw a guy's life ruined by DCF - in fact, in my job in the social service sector, I've known many, many very good people whose lives have been ruined by DCF - I could write a whole diary just on their stories. Perhaps my cynical attitude toward that agency is not very Liberal of me, but we can't all be perfect. I accept any public floggings I will incur from those connected to DCF.)
Someone in New Hampshire broke baby Olivia's bones. Most likely, that person will not be punished for it. Fortunately, she is fine today and can walk and talk. Of course, that's all we'll ever know as her father is forbidden to have contact with her for the rest of his life. I hope that when I wake up tomorrow, I'll remember to appreciate the fact that I get to go to my dentist's appointment and then to work. Because if Rob could do the same instead of waking up behind bars in another state, it would probably be the best day of his life.