"Not Guilty"

It's 11:08. I just got home from Court.

In the matter of the State of N.C vs. Jeff Martin (cyberstalking). Mr. Martin was found "not guilty".

After denying a motion to dismiss the case entirely based on jurisdiction (I was not at home when I opened the e-mails, and Martin lives in Greensboro), and hearing testimony from myself and the investigating officer, the judge ruled that the e-mails Martin sent me last November 13th did not rise to the level of cyberstalking.

Martin was instructed never to e-mail me again.

Martin grinned at me throughout the proceeding and did not take the stand. As was expected, his defense was to blur the lines between blogging and the threatening/nasty e-mails he sent . . . and to make me angry on the stand with his lawyer, Clark Bell, hurling the the "stupids" and "crazies" (I don't think I took the bait, but then again, I couldn't watch me).

It was classic "blame the victim".

There was a comical moment. I did "confess" at one point (while reading the e-mails aloud in Court) that I did not know how to pronounce Roch Smith's, Jr.'s name. I always read it as "Roach".

In terms of the evidence presented, the ADA had me read all of the e-mails in sequence. But incomprehensibly to me, the damning statements Martin made in interviews with WXII and Yes Weekly were not introduced. Moreover, his subsequent libelous blog posts, and the ominous anonymous comments I've since gotten at Housecalls (all coming from one Greensboro IP address - the poster has yet to be identified to me) were not introduced into evidence. Nor was my subsequent back & forth with the Medical Board that more than proved I had no choice but to take Martin's threats seriously.

In cross, Bell referred once to my legal battle with Randolph (the reason I'm in the blogosphere in the first place) in a dismissive fashion. There was really no opportunity to expound. And there was no re-direct by the ADA!?!

The state rested and the verdict was pronounced before I really knew what was going on.

And I left.

I'm left to wonder if the reasons certain things were not introduced into evidence had anything to do with things that the Randolph County DA's office does not want to come to light.

(Addendum/Afterthought: A friend just reminded me that the State wasn't actually representing me . . . the State was respresenting the State. And it did not serve the State's best interests to allow certain doors to be opened.)

I don't get why so much was left out. I really don't. How can it be called "justice" if the Court does not have ALL the facts?

In retrospect, it might have been better if the case had been re-filed in Greensboro. At least there would have been more witnesses to call.

I'd like to thank Bubba/Bob and David Hoggard for their offers to help.

Obviously, I disagree with the judge's decision, and I am very disappointed. But friends familiar with the system and the players had prepared me for this outcome (most said they would be surprised if Martin were convicted), and honestly, given the prior hands I've been dealt in Randolph County, it's par for this course.

I don't regret filing charges, and I would do it again.