Less Than Zero Tolerance

by Eric Mockensturm

  • Part 1: The Start of It ▼
    • Chapter AA: Background
    • Intermission 1: Trips with the Kids
    • Chapter AB: Divorce Papers
    • Intermission 2: Activities with the Kids, Pre-separation
    • Chapter AC: Preliminary Thoughts
    • Intermission 3: Introduction to the Protection from Abuse Act, Part 1
    • Chapter AD: Protection from What?
    • Intermission 4: Introduction to the Protection from Abuse Act, Part 2
    • Chapter AE: What’s a Sorted Affair?
    • Intermission 5: Introduction to the Protection from Abuse Act, Part 3
  • Part 2: Learning What Abuse Is ▼
    • Chapter AF: The First Violation
    • Intermission 7: Thoughts about Jail, Part 1
    • Chapter AI: The Second Violation
    • Intermission 8: Thoughts about Jail, Part 2
    • Chapter AJ: What Came Next
    • Intermission 14: Thoughts about Our Legal System – Part I
  • Part 3: Reconstruction, Act I ▼
    • Chapter AL: First Relocation Attempt, Part 1
    • Chapter AL: First Relocation Attempt, Part 2
    • Chapter AL: First Relocation Attempt, Part 3
    • Intermission: The Absolute Power of the Pennsylvania Courts
    • Chapter AM: Contempt of Court Petition
    • Intermission XX: Graduate Students
    • Intermission 11: More Trips with the Kids
    • Chapter AN: Bad Times, Part II
    • Chapter AO: Hearing
    • Chapter AP: Text Messages
  • Part 4: The Summer from Hell ▼
    • Chapter 13.0: The Summer from Hell – Introduction and Misc.
    • Chapter 13.1: The Summer from Hell – Child Abuse?
    • Chapter 13.2: The Summer from Hell – The Third Violation
    • Chaper 13.3: The Summer from Hell – Losing my Children
    • Chapter 13.4: The Summer from Hell – An Involuntary Commitment
    • Chapter 13.5: The Summer from Hell – Stalking
    • Chapter 13.6: The Summer from Hell – The Fourth Violation
    • Chapter 13.7: The Summer from Hell – The Fifth Violation
  • Part 5: Losing the Fight ▼
    • Chapter BB: The Sixth Violation
    • Chapter BC: The Appeals
    • Chapter BD: Losing my House
    • Chapter BE: Gaining my Freedom and Losing my Children
    • Chapter BI: Stalking, Continuances
    • Chapter BN: Trying to Rebuild

Chapter AI: The Second Violation

At the end of a whirlwind hearing that took probably 10 minutes, my head was spinning. The judge convicted me, and I recall the DA asking the judge to sentence me to two months in jail. My attorney requested the court to send me back to the mental health unit to adjust my medication.  Going back to the hospital was not needed at that point as I realized that Effexor was the problem. I only continued to take it because I didn’t have any Zoloft. At this point in the hearing, I realized I was in trouble. My attorney had no idea what was going on, and I was not given a chance or prepared to defend myself at the hearing. Ultimately, Judge Ruest sentenced me to 30 days in jail, but I was released after 21 days because she learned Penn State had put me on unpaid leave.

At this second hearing, I learned how much of a free-for-all indirect criminal contempt hearings are. I was dumbfounded at the time and couldn’t believe how easy it was for new allegations to materialize and how hard it is to try to counter them.  There seemed to be no burden of proof for the prosecution, and the lawyers could make unsubstantiated allegations at will. Stacy and Tonia were both great at this. They would make so many ridiculous claims that there was no way the judge would be patient enough for my attorney to refute them. And because my attorney had no idea what Stacy or Tonia might say, they also could not be prepared to dispute them, and in fact, didn’t know if they were true. It’s just not feasible during a hearing to take the time to explain something to your attorney and then have the attorney explain it to the court. That is why there is a discovery process in criminal cases. In the end, I learned that the attorney that can lie and twist the truth the best will win. It was eye-opening.

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