However, among the several cases that appear to be forgotten, I found two defendants who have been in custody for several months. There are no upcoming dates noted in the Clerk's records either.
2009-CF-011725-A-O
Defendant was arrested 8/9/09 for Aggravated Battery, False Imprisonment & Battery. Defendant is still in custody.
Koenig was scheduled for trial 1/7/10. Jail records show there are no other holds.
A hearing was held 12/9/09 as a result of the following request by the defendant to Judge Wattles:
Hello. My name is Albert William Koenig. I am writing you in reference to case 2009-CF-011725 scheduled for pretrial on 12/3/09. I would like to request a change of my plea from not guilty to guilty. I am guilty of striking Ms. G and do not wish to tie-up your [sic] or the court's time with trying to avoid prosecution of a crime I committed. I fully understand that I can be sentenced to up to 20 years in prison and am fully prepared to accept any judgement you see fit. i do wish to express great remorse for my actions and wish to seek help with controlling my anger management. I hope you approve my request.
Koenig subsequently withdrew his request in open court on 12/9/09. His case was docketed for 1/7/10, but there is no record of it having been called that day, nor of it having been rescheduled.
2009-CF-008045-A-O
Ruhl was arrested 6/1/09 and has been in custody since then for Burglary of a Structure.
Ruhl's trial date of 1/11/10 has come and gone with no disposition noted on the Clerk's site either. Jail records indicate there is a hold on him (source is undisclosed on their website).
Mr. Ruhl also wrote to the judge in his case as follows (dated 12/28/09):
Dear Honorable Judge LeBlanc:
I am writing to you to request a Neilson [sic] Hearing.* My reason for requesting this hearing is as follows:
1. I have a conflict with the OFFICE OF THE PUBLIC DEFENDER
2. The LAWYER assigned to represent me has refused to put together a case with reasonable diligence.
3. I have had inadequate representation not only now, but five times prior in other cases in my past:
a) 1988 – resulting in 30 months in prison
b) 1991 – resulting in 24 months in prison
c) 1992 – resulting in 24 months in prison
d) 1992 – violation of parole – resulting in 8 years prison
e) 1997 – resulting in 18 months prison
4. My point is, I request a outside law firm to represent me NOW. I do not have any degree of hope that the Office of the PUBLIC DEFENDER will give me the degree of representation the law states that my right as a Citizen of the United States deserve.
5. Honorable Judge LeBlanc, I need help for once NOT MORE JAIL!
Signed, Toby Ruhl
*A Nelson Hearing is conducted when a defendant alleges their attorney has not competently represented them.
On 9/8/09, Mr. Ruhl waived his right to a speedy trial because the defense was not sufficiently prepared for trial.
On 11/12/09, Mr. Ruhl rejected the State's plea offer.
On 11/19/09, a joint motion for continuance (both Defense & State agreed) was granted.
On 12/28/09, this motion for Nelson Hearing was recorded. Court records show no Nelson Hearing was scheduled or conducted.
The case was set for trial 1/11/10 but never made it on the docket. No result is noted in court records.
Mr. Ruhl obviously has an extensive criminal history. A check of the Department of Corrections website shows prison sentences dating back to 1986 in Franklin, Leon and Orange Counties. But does that mean his request for a Nelson Hearing should go unheeded?
In the words of British Prime Minister William Gladstone (1809-1898), "Justice delayed, is justice denied."
I think we can do better in both cases.
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