Events:
Simon goes to Barrington, Ohio to curate library for friend, as a favor. Checks into his hotel and goes to a nearby store for groceries. Near midnight on a Monday.
Paley follows Simon around the store, seems to want him to notice him, but Simon ignores him. Paley exits. Simon reads magazines for a while, nervous about Paley, but has to leave when store is closing.
Paley is outside, standing under a streetlamp smoking and on his phone. He accuses Simon of coming onto him and exposing himself within 600 feet of a school.
Simon is booked and arraigned the next day. Pleads not guilty. Bailed for $2500 because he’s from out of state. Simon loses the job because he didn’t show up. Client was prickly, to begin with. Friend pissed at him.
Simon meets with a couple of attorneys who say they will bargain for a great plea deal; don’t believe him when he claims innocence but will still do their best. Simon rejects them; will defend self.
Simon gets the store security surveillance tape after having to pay the owner to do it. Shows Paley‘s and Simon’s actions, but not 100% on what Simon claims Paley was doing. No outside camera.
Case assigned to Walstead, meets with Simon. Offers okay deal but Simon rejects it. “I’ve done nothing wrong or illegal, and I’m not going to say I did just to make your job easier.” Asks if they’ve seen the store security video. Manville tells him it’s all indoors and the incident was outside the store.
Also, accusation is enhanced because was within 600 feet of a school. Doesn’t matter it was midnight. And two passing cops saw the whole thing and back up Paley. Simon tells them no one else was around. They suggest he’s lying. But still no deal.
Case goes before Denton, who decides it will be a bench trial. Simon wants a jury trial but told had to apply for it in advance, so would need to reschedule. Simon points out he lives nearly 300 miles away. “Not our problem.” Simon grumbles but agrees to move forward.
Trial starts. Paley testifies Simon followed him around the store and then approached him, outside. Mentions the enhancement on the case due to nearby school. Simon proves no school within 600 feet. Used to be, but the school’s at a new campus and the building sold to convert into apartments, a year ago.
Walstead taken by surprise, but agrees to have enhancement removed. Simon asks, “Can you do that?” Denton shrugs him off with, “It’s just a misdemeanor."
No comments:
Post a Comment