Thursday, July 1, 2010

The Interesting Tale of El Chavo del Ocho

NOTE: This is the first installment of a piece I am working on about a friend in the justice system. This excerpt is a portion of my notes written at his hearing June 24, 2010. I am transcribing the rest of the notes but it takes time. After the transcript of this hearing is complete, I will add the continuing pieces of the tale.

Judge Robert J. Kearney does his work in Superior Court, Dept. 6, Vista courthouse, North County San Diego. Judging by the hallway outside Dept. 6, Judge Kearney, and the other superior court judges, are very busy people.

At 8:27 a.m., the bailiff for Dept. 5 announces his department is open for business. Soon, I believe, Dept. 6 will open its doors. That is, unless there is a disturbance of some kind. El Chavo is capable of making a ruckus that could delay a court hearing.

A lawyer knocks on the door of Dept. 6 at 8:30, prompting the bailiff to open the door. It's a mixed court; thirty-three names are on the dry erase board, which serves as the docket. The bailiff and both counsels play a twisted game of tic-tac-toe.

Patrick McCoy seems to be a favorite public defender on the board. he assigned to upward of 12 cases. El Chavo has drawn McCoy. The direct proportion of cases assigned to the cases available causes me to believe that McCoy is not a horse I would bet on; he might be good, but he would be lucky to go off at 3/5, if not even money. I don't like these odds for the horses, and I surely don't like these odds for a man representing my friend.

El Chavo's case is a strange one, to me, at least. Drug law is a clear example of 'law as a business' because, in the Land of the Free, it seems contradictory to try to control a man's choice about using drugs or about using the drugs of his choosing. Yet, we, a courtroom full of people, sit to hear the fate of 33 'criminals'. A judge, who I assume might enjoy coffee, and perhaps a scotch, as much as the next man, will make the rulings for these 33. Coincidentally, there are 33 seats in the audience, filled to capacity with those waiting to be judged or those waiting to hear what will become of the family members, or friends.

I visited El Chavo on June 19, 2010, in the evening, on a Saturday, as those are the hours for Level 1 prisoners at the Vista Detention Facility. He told me of the strong coffee and pills he was being given. Coffee and pills to wake up in the morning and sleeping pills to knock him out at nightfall. He also was given drugs to help with alcohol withdrawal, which can be fairly bad for people who drink nothing but Bud Light, at a clip of three to 12 a day. This is, at least, the medical opinion of the county authorities.

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