Fields of Poopy Redux

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decision day today

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my lawyer called this morning and suggested i make some edits to my statement.  the following represents the latest copy, one that’ll get read before the judge today.  i can only hope the judge will be carroolyn grupp, who’s been gone due to a broken ankle.  plus, she’s reiting, but i hope she’s sitting on the bench today.  i’m told that if we end up getting mcGee, again, it’s been my lawyer’s experience that he generally sides with the prosecution.  which makes me more nervous than i was when i woke up this morning.  but my heart is definitely pounding.  anyway, the latest copy of my statement:

 

May it please the court…

Your Honor:

I stand before you taking responsibility for driving with alcohol in my system. It’s a fact that I can not dispute. I’m only trying to mitigate my sentence by explaining the circumstances surrounding my arrest and events that have happened since.

That said, as I told you earlier, I was sleepwalking and made no conscious decision to drive with alcohol in my system. This isn’t the first time I’ve driven while sleepwalking, as it has happened several times in the past. I know this because gas would be missing from my car, or it would be completely cleared of a foot of snow.  once I woke up with a dented front fender that i believe was caused by hitting my house when I pulled into my back yard. There was an occasion last year where I was sleepwalking and went into the basement, resulting in multiple injuries from head to toe (see pics). This event required a week’s worth of wound care from Cerro Gordo Public Health.  So you see, sleepwalking is not a made up excuse to get out of the OWI.

These events are all documented in my medical files @ mercy & public health.  But after the OWI, i told my physician, Dr. Mark Johnson, about it and asked for his help in determining the reason why I was sleepwalking because I needed to arrest whatever was the cause. He referred me to Dr. Yarimadi, a mercy neurologist, who conducted a sleep study. Twice.

It was eventually determined that I suffer from sleep apnea, which is a serious condition. He prescribed CPAP therapy. Unfortunately, I would unknowingly remove the mask during the night, making it unfavorable for medicare to pay for it. So it was discontinued.  though, I continue to have innocent sleepwalking incidents still.

Since my OWI arrest, I had another occasion of sleepwalking and driving, only this time I woke up the next day in a room @ the hotel fort des moines. I couldn’t believe what happened, but concluded that because i was trying to sell my car to someone I knew on the internet, who lived in des moines, i had somehow gone down there to do just that, because I do not know anybody in des moines, and there would have been no reason for me to be there.  during that trip, I met someone else who agreed to buy my car for the price I was asking.

after coming home from des moines with this new buyer & his girlfriend, I was robbed @ gunpoint & pistolwhipped, once we got into my house. they ended up taking every electronic device in the house, then proceeded to completely trash the place, and steal my car, which the police never posted as being hot after they took the report the next morning.

I lost pertenear everything i had: 3 computers, 2 tv’s, audio equipment, digital cameras and peripherals. They also emptied my bank account with the credit cards, along with about $500 that was in my wallet. it has taken me months to recover from this.  and, i’m still behind in some of my bills, due to these perps filing a change of address on me with the post office.  needless to say, i’ve only been able to recover very little of what i had, with a cheap computer, and a small television.

Then about 10 days later, I woke up with acute renal failure, and the police took me to mercy who flew me to mayo.  I remained in st. mary’s hospital for 12 days, with a number of diagnoses, including stroke & seizures that were complicating the renal failure. the cause of the renal failure was at first blamed on the very high dose of methadone i was prescribed.  after a spinal tap & several MRIs, I was told that I have moyamoya disease, which puts me at high risk for strokes.

The national institute of neurological disorders states this about moyamoya disease: “(that it) is a rare, progressive cerebrovascular disorder caused by blocked arteries at the base of the brain in an area called the basal ganglia. … Adults most often experience a hemorrhagic stroke due to recurring blood clots in the affected brain vessels.   Individuals with this disorder may have disturbed consciousness, speech deficits (usually aphasia), sensory and cognitive impairments, involuntary movements, and vision problems.”  they told me i was near death when i was first admitted to hospital, that I was a very sick individual, with multiple complications.

during a subsequent trip to rochester for a followup visit a couple of weeks later, I fell off an embankment and broke my hip.  that put  me back into st. mary’s  for 10 days to get a new hip. Because I left the hospital before being fully recovered,  upon returning home, I was told by my public health nurse, who visits once a week, that either i go into the skilled nursing unit @ mercy’s west campus until i could get along by myself, or they would stop services.  so i complied with their demand.

i spent 7 days in the unit, and was able to heal enough to get around with a walker. so i returned home only to find someone broke into my house and stole several items that weren’t taken during the earlier robbery. all in all i lost over $3,000 worth of property and cash… almost everything i had accumulated over the past 12 years.

I’m on a myriad of medications for AIDS, SMA (spinal muscular atrophy) and a variety of other afflictions. I talked to Dr. Johnson about this, and he agreed to write an affidavit to the court, stating he believed it would be detrimental to my health for me to go to jail, and that house arrest would be best suited to allow me to stay on my regimen and keep my medical appointments both here in mason city & in rochester.  also, my CD4 count is extremely low, complicating my immune system radically.

prior to my appearance in court, again, my public defender tried to negotiate an appropriate sentence of house arrest, which the CA was unwilling to agree to, insisting that i spend 7 days in jail. after a couple of weeks of negotiations, i then made the decision to change my plea.

i realize your honor is not bound by such an agreement, again, i can only hope that you’ll take notice of these circumstances, and make the appropriate sentence in light of these facts.

and finally, i’d also like to reiterate the fact that my last OWI was 11 years and 10 months ago. and knocking it down to a 2nd wasn’t much of a gift.

i have taken steps this time to ensure that there would be no chance of getting another OWI. i will not get another license, or another car.  I am enrolled in DHS’s CDAC program, as I need help with my daily routine.  my car was legally transferred to my former driver upon recovery in des moines 3 weeks after the robbery.

i’m still working on curbing the sleepwalking with proper exercise and plenty of rest and the right meds, but at least it’ll never involve driving again.

so, your honor, I’m pleading for leniency. please allow me to serve the minimum sentence with house arrest, as I live alone and have 4 cats, one which is pregnant and about to give birth.

I’d like to remind the court that there was no harm to person or property, and that i was stopped for a faulty 3rd brake light, and I was completely cooperative with the police to the extent I was physically capable of doing.  I’d also like to remind the court that my driving record is pristine, save for the OWIs.

I’d also like to inform the court that during my substance abuse evaluation at prairie ridge last thursday, the counselor was recommending treatment, for the sole reason that (in her words) “it’s automatic that treatment is recommended to all 2nd and 3rd offenders”, even tho I stopped drugs & alcohol 7 years ago on January 12th, 2005 – the date of my father’s funeral, save for that one time on march 27th of this year.  she knows this fact, yet she insisted it was out of her hands.  my problem is not alcohol or drugs, it’s medical.  substance abuse treatment will have no effect on my medical issues.  the only thing I’m addicted to is cigarettes, which I’ve been trying, with Dr. Johnson’s help, for a long time to quit, without success.  but I continue to try, using different methods.

your honor, I’m not a bad guy in any way.  I certainly do not deserve a prison sentence.  I’ve made good decisions since 2005, and haven’t had any scrapes with the law.  I have the highest respect for the law and law enforcement.  the chances of getting another OWI do not exist.

 

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Written by quasara

12/05/2011 at 0910

Posted in Uncategorized

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