Wednesday, August 03, 2005

Cal prosecutors scraping barrel

Beleaguered California prosecutors, who failed to convict O J Simpson because they didn't know that wet leather shrinks when it dries and couldn't convict Robert Blake of shooting his wife when his alibi was, "I went back to the restaurant to get my gun," may have found someone they can convict. Little 11 year-old Maribel Cuevas, playing in the front yard of a friend's house, got pelted by water balloons and rocks and then teased and harrassed by a 7 boys led by a Hmong 8 year-old, from the street. In her own defense she picked up the closest object she could find, a rock, and dinged her chief attacker in the head. Then, when police tried to take her away, she panicked and scratched one of them on the arm.

Fresno city prosecutors have charged her with felony assault with a deadly weapon (for the rock, not her fingernails) and she will stand trial. The boy required some stitches and will testify at the trial. Little Maribel has already served 5 days detention in a juvenile facility and 30 days under house arrest wearing an ankle bracelet. Offers have been made but her defense has rejected them, contending that no charges should ever have been filed.

The police reports of the incident have been modified several times. They first said the rock weighed 5 pounds, the girl was 13 and weighed 130 pounds, the boy who was hit was 6 years old and alone. Now, they say they had the wrong rock, that the actual rock weighed 2 pounds, the girl is actually 11 years old and weighs between 90 and 100 pounds, the boy is 8 years old and was one one of 7 attackers. Her defense attorney says they still have the wrong rock. He demanded and is going to get a jury trial. Let's see how many ways this can go badly for the prosecutors;

His head didn't bust, so acquit you must.
She hit him in the melon, so why all the yellin'?
Self defense is subliminal, so she ain't no criminal.
A rock to the melon don't mean she's a felon.
This is all a big show, let the little girl go.
A rock to the head is better than lead.
You'd have thrown a rock too, if it was you.
They've got the wrong rock, so she has to walk.
It was 7 against 1, what would you have done?

I could go on for hours but there are wags out there more clever than I. Much more detail here.

UPDATE: AP Breaking says girl's attorney has reached a deal that will avoid prosecution. Girl must spend time in mediation program where she will be required to meet with her young victim and talk about the fight. I like who the AP describes as the "victim".

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