This episode was the first time I had ever been arrested, handcuffed, or ridden in a police car. I don’t remember much more about the incident as I was shocked the court would have me arrested for sending a message containing “I love you” to my daughter. I recall the entire episode was very cordial, and Officer Morrison was somewhat apologetic for having to arrest me. This incident was also the first time I met Officer Morrison, who was pleasant at the time. However, you will be hearing more about his misconduct later.
The arrest warrant was also the first time the police played games with the legal system to circumvent standard checks and balances. On the arrest warrant, Officer Morrison wrote:
Acts of the accused associated with this Offense: In that the above named defendant did violate an Order of the Court of Common Pleas In Centre County, titled Protection From Abuse or “Protection Order Under Protection From Abuse Act” issued by Centre County Court of Common Pleas Judge PAMELA RUEST on the 7 day of JANUARY 2013 by having contact with his daughter through her IPOD via Apple iMessage against PFA orders.
The affidavit of probable cause reads:
On Thursday, January 10, 2013, I was dispatched 247 McBath Street for a report from Rita Mockensturm for a PFA Violation regarding a message her daughter received from estranged husband Eric Mockensturm to her daughter. I responded to McBath Street and observed a message was sent to Amanda Mockensturm on January 10, 2013 at 1906 hours. The message was sent from Eric M Mockensturm via Apple IMESSAGE to Amanda’s IPOD against PFA number 2013-31 issued by Centre County Court of Common Pleas Judge PAMELA RUEST on the 7 day of JANUARY 2013 listing Amanda as a protected party.
I didn’t realize it at the time but, later, as I reviewed the arrest warrant, I noticed that Officer Morrison failed to note in describing the violation the content of the message. Officer Morrison knew what I sent and made the decision to withhold that information from the judge. I suspect Morrison thought the judge might not have signed the warrant if the judge knew the message said, “I love you.” As you will learn in the coming chapters, the police selectively offered information to the district attorney and judges on many occasions, which appears to be their standard operating procedure. (**TODO: Get the hearing transcript that establishes the content of the message.)
Again, the entire experience is kind of a blur at this point, but I recall wondering where the heck we were when we got to the county jail. I had, of course, never been there, but I now realize I passed it regularly the entire time I lived in State College but never really paid attention to it. I was processed, fingerprinted, photographed for a mugshot, etc. At some point, I again fell apart, having no idea what was happening or going to happen; I had never really been in trouble before, nonetheless arrested and jailed. Thus, I spent the night in a very brightly illuminated padded cell on suicide watch before I had my first preliminary hearing in front of a district magistrate via a teleconferencing system. A district magistrate gave me unsecured bail, which allowed me to be released immediately.