nolle prosequi: Latin for "we shall no longer
prosecute." At trial, this is an entry made on the
record by a prosecutor in a criminal case stating that
he will no longer pursue the matter. An entry of nolle
prosequi may be made at any time after charges are
brought and before a verdict is returned or a plea
entered. (NOTE THIS ESPECIALLY-->) Essentially, it is
an admission on the part of the prosecution that some
aspect of its case against the defendant has fallen
apart.
The DA submitted a request to the Honorable Judge
Hodgson to "nolle prosequi" the pending criminal case
Commonwealth of Pennsylvania vs. Jason Fullerton.
The DA stated that the "victim" suffered from a
disease that made her emotionally unable to provide
testimony (what a crock), that the "victim" admitted
to stiking the defendant first and precipitating the
entire incident. The DA also firmly hopes that the
defendant receives anger management counselling. (I
can't believe I didn't roll my eyes at that one.)
Judge Hodgson accepted that request, and then asked
about court costs. I looked at my lawyer, and he told
the judge: "That's what got the last lawyer fired -
accepting court costs in the Protection Order, so we
are not amenable to any costs." The judge so ordered
the case dismissed, with the costs burdened by the
Commonwealth.
So, once this snow/ice/freezing hell clears up on
Wednesday or Thursday I get to take a trip down to 1
County Plaza, 5th Floor - County Detectives Office.
Specifically the detective that is responsible for
Private Criminal Complaints filed.
I get to accuse her, and she really is guilty of the
following:
- Simple Assault, Misd of the 2nd degree
- Unlawful Restraint, M-1
- Reckless Endangerment of Another Person, M-2
- False Reports to Law Enforcement, Falsely Accusing
Another, M-2
I already have a rough copy of the complaint typed up with
law citations and ready to go. I'll go over it again and
then go down and file it, and likely take an interview
with a detective. No problem, I'm telling the truth
and I am now protected by the Fifth Amendment to the
Constitution from any further prosecution from the
events of that day.
That's where she screwed up. If she had told some
reasonable semblance of the truth that day, we both
would have been in a slight bit of trouble OR the
penalties would have offset, so to speak. But since
she didn't, I can now testify to what happened without
any need for self protection, because the protection I
have is absolute.
I hope The Honorable Judge Hodgson gets her docket.