Details on Judge Criner's Apparent Crime

To set the record straight about what happened in Judge Criner's court yesterday, my case was one of three that were moved to Rm 100 because the docket in Rm 302 was too full. After about a 10 minute wait for the judge to show up, Gerald Austin-Wynn left to smoke a cigarette (I know because he asked a guard if he could go out the nearby door to smoke -- no). A few minutes later, Brenda McKnight left. Ten minutes after that, the judge showed up and took a few minutes to prepare to hear cases. Brenda and Gerald still had not returned.

Judge Criner called our case, and since the plaintif and Gerald her witness were not there and could not be found in the hallway, Judge Criner told me my case was dismissed. I was incredulous, and asked her to be sure I heard her correctly. She confirmed that my case was dismissed.

Halfway out of the Court House, I passed Brenda and Gerald in the hall, presumably returning to the court room. I considered whether I should tell them the case had been dismissed, but decided they could go in and find out for themselves, so I didn't. On the sidewalk in front of the Court House, I first talked to a couple of people about my good luck (I have a tendency to talk a lot), then lit a cigarette and was thinking about what to do next: How to contact Brenda and make some kind of arangement to get my things and do it without riling her up and getting Gerald over again to try to intimidate me.

As I was about to finish the cigarette (clearly, I had been outside the Court House for AT LEAST five minutes by then), the Sheriff's Deputy in charge of the Court Room's security came out to the sidewalk and ordered me back to court. Once back in the Court Room, Judge Criner stated that I had harassed the plaintiffs outside (I had not had any words with them AT ALL -- nods of head, etc.), since I was served the papers. Shocked, I exclaimed "Excuse me?!?!?"

The judge did not respond but began the hearing which I reported yesterday. Overnight, while I have NOT sought the opinion of a lawyer, I HAVE asked around and everyone is quite certain that once a case is dismissed THAT IS FINAL. I am also not certain a court room bailiff has the authority to leave court property and order someone back into the building -- but that is not my beef.

I will pursue legal remedies against Judge Criner and the State of North Carolina for her breaking this law, at my earliest convenience (unless a dismissed case can actually be un-dismissed so cavalierly). ALSO: In the matter of the accusation that I harassed the plaintiff: If that were so, the 120 or150 mandatory jail penalty would have been basically automatic. This is a VERY strictly followed law in NC -- until it applied to me. I do not believe Judge Criner granted me mercy (she only mentioned it but did not pursue it). She must have heard from Ben David's representative that I needed to be dealt with severely and used that lie to supersede the law and haul me back into court. She forgot she had to consider the complaint and sentence me if it were true. She just wanted to order me to not be able to claim residency where my rent had been paid and my things reside.

I still have no clue when or even if I will be allowed to get my things. I cannot contact Brenda to make arrangements. My Public Defender Jen Harjo got Brenda's number to call to see how to proceed, but since I've heard nothing from Jen, must not have been able to reach her. I could call the landlord to REMIND HIM that although I've paid no October rent, landlords can be sued severely for self-help evictions. I (or at least my property) have NOT vacated, so Brenda and property owner will need to sue me in Civil Court to evict me (takes about a month and cannot commence until after the 5th of the month and other proceedures must be used that delay it a bit too. Too bad the landlord never did give me the one-months termination papers he had promised back on the 17th or so. He would have been covered if he had done so.

If my bike and all belongings are safe and we work out a way to get them to me and stored somewhere safe, I will cooperate with Brenda and Co. to do all this easily and amicably -- and ASAP!!!

Meantime, I had to sleep outside last night on a concrete slab having only two T-shirts and a pair of Dockers to wear. Also a small blanet that barely wraps around me and covers only 2/3 head to toe. I nearly froze my butt off last night, although I DID get 3.5 hrs. sleep before it turned so cold and windy. Tonight's expected to be worse. I wonder if ANYONE in my family will help under these circumstances. I will begin calling and asking soon.