Accused Deaf Rapist’s Mom Responds:
I am the mother of the accused.
Here is the first hand account: This a pretrial hearing. They ask the accused if he wants to plead guilty or not guilty. Thats it. End of story. Nobody in the room but the prosecutor, judge, defense attorney and required court personnel. It was just like all the other times I interpreted for my son whether it was at McDonalds or Motor Vehicle. I had a feeling the newspaper might write about it and the Deaf Community would react. If this were anything more than what I described above, I agree whole heartedly that it was not my place to interpret and would not have put my son in that position.
The big issue here is where were the interpreters? Due to inclement weather they canceled. Everybody but the interpreters were present. You may not be aware but there is a shortage of court certified interpreters in New Jersey. How frustrated do you think we feel by the lack of qualified court interpreters? Of course we would have preferred to have an interpreter there. The judge suggested this not me! I did not interpret for any other reason than to move things along and in light of the brevity of the matter why not? Faced with a third postponed pre trial hearing due to a lack of interpreters, the judge asked my son if it was ok for me to interpret. He said that would be fine because he wants to get this behind him so he can get on with his life. The judge asked how he pleads and the defense attorney responded “not guilty”. If the mother of a Deaf child cannot interpret that, then there is a whole different issue for the bloggers.
The judicial system has many flaws (and believe me we are witnessing them first hand) but I give it enough credit to know that a Deaf person requires a court certified interpreter. When this is behind him, my son has informed me that he plans to advocate for increased awareness for Deaf rights within the judicial system and educate the media about the Deaf Community. I hope this puts everybody at ease.
Commentary: After she left the comment, I contacted her for further information. She said she is not an interpreter. Acccording to her, Passiac County has a severe problem with certified interpreters and there was an newspaper story recently addressing this difficulty of finding qualified interpreters. Passaic County is pretty densely populated and the judges see more than their fair share of Deaf people, therefore they know the routine. In more rural areas with smaller Deaf populations I would expect the ignorance of judges.
Ms. Lazarus, thank you for clarifying further what the newspaper article didn’t say.
Even this is a pre-trial hearing, I still wince at the idea of a mom interpreting for her son, though it appears she has no issue with it. She feels the system failed her son again with the interpreting shortage resulting in two postponements of the pre-trial hearing, which I agree. I also think the system failed her, too, leaving her no option but to fill in the interpreter void and helping her son out of necessity. I hope the trial itself will not be repeatedly postponed, too, due to a severe shortage of qualified interpreters. This will not be fair for both the plaintiff and the defendant along with their families.
Her son is lucky to have such a dedicated and loving mom willing to step in making sure his communication needs are met.
I’ve seen enough court systems to know that no, the judicial system doesn’t always know that the Deaf person requires a court certified interpreter. Even the judge at the local federal district court balked about providing any interpreters until he was convinced by my lawyers’ arguments that interpreters are essential to our case. That district was in a county highly populated with deaf people. My experience wasn’t unusual, either. MZ
First post: http://blog.deafread.com/mishkazena/2008/02/18/accused-deaf-rapists-mom-interpretes-at-his-trial/c
P.S. I did some research and this is what I found on pretrial hearing:
What is a pretrial hearing? After a felony case has been considered by a grand jury and an indictment returned, the case will be scheduled for a pretrial hearing. At the pretrial hearing the defendant and his attorney usually advise the judge whether the defendant wants a trial or will plead guilty, and if a trial is desired, whether a jury is required. Certain motions concerning legal issues may be heard at a pretrial hearing. Occasionally, a witness may be needed in a pretrial hearing, and if your presence is required, you will be notified well in advance of the setting. ANSWERS to frequently asked questions
email contact: mishkazena@aol.com
I am the mother of the accused.
Here is the first hand account: This a pretrial hearing. They ask the accused if he wants to plead guilty or not guilty. Thats it. End of story. Nobody in the room but the prosecutor, judge, defense attorney and required court personnel. It was just like all the other times I interpreted for my son whether it was at McDonalds or Motor Vehicle. I had a feeling the newspaper might write about it and the Deaf Community would react. If this were anything more than what I described above, I agree whole heartedly that it was not my place to interpret and would not have put my son in that position.
The big issue here is where were the interpreters? Due to inclement weather they canceled. Everybody but the interpreters were present. You may not be aware but there is a shortage of court certified interpreters in New Jersey. How frustrated do you think we feel by the lack of qualified court interpreters? Of course we would have preferred to have an interpreter there. The judge suggested this not me! I did not interpret for any other reason than to move things along and in light of the brevity of the matter why not? Faced with a third postponed pre trial hearing due to a lack of interpreters, the judge asked my son if it was ok for me to interpret. He said that would be fine because he wants to get this behind him so he can get on with his life. The judge asked how he pleads and the defense attorney responded “not guilty”. If the mother of a Deaf child cannot interpret that, then there is a whole different issue for the bloggers.
The judicial system has many flaws (and believe me we are witnessing them first hand) but I give it enough credit to know that a Deaf person requires a court certified interpreter. When this is behind him, my son has informed me that he plans to advocate for increased awareness for Deaf rights within the judicial system and educate the media about the Deaf Community. I hope this puts everybody at ease.
Commentary: After she left the comment, I contacted her for further information. She said she is not an interpreter. Acccording to her, Passiac County has a severe problem with certified interpreters and there was an newspaper story recently addressing this difficulty of finding qualified interpreters. Passaic County is pretty densely populated and the judges see more than their fair share of Deaf people, therefore they know the routine. In more rural areas with smaller Deaf populations I would expect the ignorance of judges.
Ms. Lazarus, thank you for clarifying further what the newspaper article didn’t say.
Even this is a pre-trial hearing, I still wince at the idea of a mom interpreting for her son, though it appears she has no issue with it. She feels the system failed her son again with the interpreting shortage resulting in two postponements of the pre-trial hearing, which I agree. I also think the system failed her, too, leaving her no option but to fill in the interpreter void and helping her son out of necessity. I hope the trial itself will not be repeatedly postponed, too, due to a severe shortage of qualified interpreters. This will not be fair for both the plaintiff and the defendant along with their families.
Her son is lucky to have such a dedicated and loving mom willing to step in making sure his communication needs are met.
I’ve seen enough court systems to know that no, the judicial system doesn’t always know that the Deaf person requires a court certified interpreter. Even the judge at the local federal district court balked about providing any interpreters until he was convinced by my lawyers’ arguments that interpreters are essential to our case. That district was in a county highly populated with deaf people. My experience wasn’t unusual, either. MZ
First post: http://blog.deafread.com/mishkazena/2008/02/18/accused-deaf-rapists-mom-interpretes-at-his-trial/c
P.S. I did some research and this is what I found on pretrial hearing:
What is a pretrial hearing? After a felony case has been considered by a grand jury and an indictment returned, the case will be scheduled for a pretrial hearing. At the pretrial hearing the defendant and his attorney usually advise the judge whether the defendant wants a trial or will plead guilty, and if a trial is desired, whether a jury is required. Certain motions concerning legal issues may be heard at a pretrial hearing. Occasionally, a witness may be needed in a pretrial hearing, and if your presence is required, you will be notified well in advance of the setting. ANSWERS to frequently asked questions
email contact: mishkazena@aol.com
February 19th, 2008 at 1:35 pm
I want to thank this mother for taking the time to explain the full situation to us that we might have the facts and thus better understand what was truly going on.
It is an unfortunate but all too familiar situation that I see again and again – the lack of qualified, certified interpreters available to the Deaf Community. I live in such an area myself, and while I have been fortunate enough to get interpreters for my own needs, I have had to go with only one interpreter for several hours of job training because a second one simply wasn’t available. I also know that the local college has had to bring in interpreters from a large city nearly three hours away simply to meet their needs.
I agree, courts don’t always know about the need to provide qualified interpreters. I’ve met more than one judge who thought that if a person simply “knew some sign language” that was good enough. Of course, we all know better… but until we start educating these folks otherwise, they will never realize the difference, and the importance of certified interpreters in legal situations.
~ Virginia L. Beach
February 19th, 2008 at 1:36 pm
I don’t agree with you!
You will lied for your son if you interpreter in court. I don’t agree you in 100%. you will confused with the judge or prosecutor or Defense laywers are too complications. you would sign and missed the part of their arguements!
You should resign of these court processing and the lawyer should get certificate interpeter and make sure hire interpreter from deaf agencies. If not able to find an intepreter.
Call agencies and reschedule. It is only one way!The court and interpreter agencies need to fix to make an appoitment. it is not your responsible. The lawyer should hire interpreter from agencies. Not from his mother.
I know New Jersey have a problem with shortage interpreter and 72 thousand deaf people lives in NJ. I am surprised when I learn about NJ interpreter struggle to set up from other state or D.C. or Maryland, either.
It is not simple!
if I lives in NJ I will complaint to Judge.
February 19th, 2008 at 1:43 pm
Shortages of interpreters are happening everywhere. There’s even prospective interpreting students on waiting list in my state in all of the interpreting programs within a two hundred mile radius. That’s pretty absurd. And to top it off, there is a serious lack of available court certified terp at the national level.
This is a serious issue that needs to be looked at.
In this particular case, I doubt one can successfully appeal any adverse decision by stating that there’s a conflict of interest. I mean, either way, that guy is going to trial, regardless. Unless, they mess up during trial. JMO~
February 19th, 2008 at 1:46 pm
My Instincts were right all along. I knew there was more than what you were reporting. With the situation the way it was, the judge made the right call as the pre-trial was very very brief as I expected from my experiences in watching my favorite TV show “Law and Order”. They needed to move thing to the next stage.
With the VRS industry booming, we will continue to face shorage of community interpeters. This problem will only get worst unless we find ways to set up more ITP (Interpreter training Program)
at local Junior colleges and Univerities throughout the United States. Until then, situations as mentioned above will happen more freguency.
Thank you for providing more details on this unfortunate situation which allow me to maintain my faith that we do have a good and ethical interpreting system in place. The main problem is lack of qualify community/court interpreters.
February 19th, 2008 at 1:48 pm
It is too easy to jump in and help especially where there is no one else available. You’ve been very helpful to your son in many situations.
I’ve been there, too. I have jumped in for my husband and my son, and even my hearing daughters when it was perhaps better not to and let them seek assistance where it is more appropriate. It is inevitable, though, that one can do too much and become too much of a resource.
Your son needs to seek his own help, and to demand his own rights. Tell him to ask his lawyer to enforce his right to a qualified interpreter. Tell him to ask the judge to give him his rights. Stand by to give him a push if need be. But don’t get involved.
It is hard not to, I know. But it is the only way he will learn, the judge and lawyer will learn, and the community as well. Then you can sit back and enjoy the rest of your life, having raised your kids and been done with that.
February 19th, 2008 at 1:49 pm
Thanks for clarifying. Even though there is a shortage of NJ interpreters, no matter whether it is pre-trial or hearing or trial, a family member or relative should NOT interpret, not even for a judge to ask a simple question, “Guilty? or Not guilty?” Mostly, a prosecutor would summarize his or her story before presenting the recommendation on bail or remand, etc. then in turn a defense lawyer would summarize his or her “rebuttal” before the recommendation on bail money or remand, etc. That comes down to the judge that would address his or her opinion to the prosecutor, defense lawyer and defendant before asking the defendant about his or her guilty or not guilty plea. That would pose a problem on the defendant if he or she doesn’t understand what the judge would address before imposing his or her question on the plea. That is still not a good idea, regardless.
Misha
February 19th, 2008 at 2:30 pm
This is very OUTRAGEOUS tactic(s) done by the courtroom judge which clearly violate the fairness of judical system!!
Totally unacceptable for the judge to compromise someone’s constitutional rights by asking the deaf defendant’s hearing mother to sign-interpret in place of certified and trained courtroom interpreter!!
The judge’s ruling and unprofessional courtroom conducts should be investigated and declare the case against the deaf defendant to be dismissed with the double jeopardy clause (no cases will be brought against the deaf defendant in the future).
Please contact the NAD Legal and Advisory Unit.
Please report the courtroom judge to the professional judical board!
Please contact the State Attorney’s Office immediately about the questionable tactics done by the courtroom judge!
Please contact several professional and courtroom watchdog groups to raise issues within this case.
Please call the media outlets and share your story and let the media interview both of you, hearing mother and deaf son.
ENUFF about pathetic excuses for the shortage of courtroom interpreters. The deaf defendant is in very vulernable postiton to be inquired by the judge since he is not very familar with his constitutional rights, etc.
Robert L. Mason (RLM)
RLMDEAF blog
Many thank to Misha Zena for posting this hearing mom’s story and ask the deaf American community for the legal advices. I am not a trained lawyer or a member of the ABA at all. I happen to know the legal and judical system pretty good!
RLM
February 19th, 2008 at 2:52 pm
There is no quick cure for this situation but I do believe that we need to overhaul the whole thing on the interpreting services. Is the lack of competent interpreters occuring because of the videophone relay services? Maybe, maybe not. But I could be wrong, I’ve heard that a video relay interpreter get paid something like $40 an hour, plus all of the benefits. If it is so, then we’ll need to take a look into that.
Also, do the ASL interpreters get paid too much? We need to take a look at other interpreters, such as French, Spanish, Chinese, etc., and see how much they are actually being paid. If the ASL interpreters do get paid too much, then we, including any services, are the hostages.
I understand that majority of ASL interpreters needed to get paid handsomely in order to get the benefits and others which many ASL services do not provide. They do not work 40 hours a week like most of us. Should the services provide this or not? How can we handle this?
Also, should we have some kind of regulatory committee or agency to conrol the flow of interpreters? I have seen many interpreters heading to a place where they would get paid handsomely, regardless of the needs of interpreting services in some places. Of course, interpreters may scream injustice and oppression if we are to control where they can interpret. It’s just that I am tired of seeing people taking advantage of deaf needs for their own profits and selfish needs. Not just the interpreters, but the interpreting services as well.
February 19th, 2008 at 3:03 pm
First of all I want to make it clear I am NOT criticizing the mother or son. I feel the court system put them in an awkward position.
But I think this is SO WRONG. If it is law that a certified interpreter be provided, then could the case be thrown out later? Secondly it’s put a mother in a horrible position because she’s undoubtedly so emotionally wrapped up in this case. I’m appalled.
February 19th, 2008 at 3:25 pm
DEAF DIXIE!!! Be careful with your words. You are earning reputation of giving your nonsense opinion with no facts backing it up. Your words decide that the mother is lying and will do anything to defend her son. EASY SAID THAN DONE!!!
Such a pain for mothers, seeing their child [regardless of age] in court on charge, they may be guilty or not guilty of. Then to finding court suffers lack of access from certain profession, in this case, sign language interpreter.
True, go to DEAF LAW CENTER. How fast can they act? True, they will force court to hire out of state interpreter. Lots of side stepping dance occur to get there. No easy task!!!!
SOme of us may recall DOUG BAHL’s case in Minnesota where the judge declined Doug’s son as the interpreter. That NJ judge should have done the same thing, instead of taking the easy way out. UNBEACH that NJ judge for failing to follow proper procedure. Dont blame the mother. PUT THE BLAME HERE IT BELONGS… THAT STUPID JUDGE!!!!!!!!!
February 19th, 2008 at 3:28 pm
Glad that Mom of the Son stepped into your blog to clarify the record straight.
I realized that the press made some flaws for not providing some critical information regarding the inside address in the court room.
February 19th, 2008 at 3:43 pm
Hello, often interpreters work for interpreting agencies so whatever the agency charges per hour does not mean the interpreter gets the full amount. There’s overhead costs to run the agency, and rent etc etc etc. Yes some interpreters do not work full 40 hour weeks and some do, it all depends. After all, they do have a life too just like the rest of us. There’s more out there than what we see.
February 19th, 2008 at 3:47 pm
Very, very interesting original blog and primary source follow up! Jodi
February 19th, 2008 at 3:54 pm
water Says:
I am confused and don”t see “Deaf Dixie” in MZ’post. You speak about my blog names is confusion with Dixie or Pixie. My blog is Deaf Pixie. I think some Deaf people confused of DR
I can see why your post is quiet clearly point that it is impossible to find a certificate inteprreter. But still Mother can be cover up for her son. I think Justice need to fix it.. not his mother responisble.
So far, I did not want to say “I am survior of sex abuse.” I have enough go through hell. I will send you a newspaper soon. I have been wait for Oregonian Newspaper will publish soon when public school has been mess up by teacher or staff at Public district failed to protected deaf or hearing childrens.
The reason why His mother interpreter for court. I am sorry that I am very disagree with you. but THINK about kids got into wrong place and wrong time.
I think her son is possible cover up by his mother and Things seem impossible to understand about your disagree with me.
I can understand the problem that his mother wrote blog to MZ. Thank you for sharing about these issues. I am stand up for hearing or deaf children disputed by failure to protect the teenager go thorough difficult.
I don’t feel that I should against you.. I just disagree the mother should not interpreter in the court at all. It is very Legal Complications and conflict with judge vocbualary, period!
I am not bite your butt. Think carefully with sticky issues about one of family to interpreters. I think it is really BAD idea!
http://www.oregonlive.com/special/index.ssf/2008/02/schools_cut_secret_deals_with.html
http://www.oregonlive.com/special/index.ssf/2008/02/disciplined_teachers.html
Sometime next week it will another story. http://www.oregonian.com
I am not shame about being as sexual abuse survior I am move on.. Let you it is hearing teacher is one most worst than deaf teacher rape. How many .. There is so many different of issues.
February 19th, 2008 at 3:57 pm
I could pitch in but most of you said what I wanted to say in regards to the interpreter shortage.
February 19th, 2008 at 4:02 pm
I am pleased to see more clarification coming from the mother of the defendant in the court case where no ASL certified interpreter was available.
My only question remaining now was the defendant’s lawyer comfortable with the proceeding going ahead even in a pretrial hearing without court interpreters in attendance, with the mother interpreting? It’s not the son’s judgement or the mother’s judgement we are worried about. It’s the lawyer’s judgement that is in question.
If the lawyer was acting on the fact that the defendant wanted to move the trial speedily so he can move on with his life, in compassion for the defendant and everyone involved, then I absolve the lawyer of any incompetence, as long everything was proceeded legally.
There was this outcry because such a story could wrongly justify a pattern that starts in a courtroom. There was an outcry because we give so many man hours to advocate for Deaf rights, in schools, in the court room, with the ADA law, and so many other arenas where Deaf people are involved in. All the hours we put in could be down the drain because of one court case that can set the standard.
But no standard was set here- just the understanding that in a court of law, if the defendant wishes to move the court case along, the defendant has that right.
I just wonder why the mother of the defendant waited when she knew there would be an outcry from the Deaf community- she said ” I had a feeling the newspaper might write about it and the Deaf Community would react.”
Was she waiting for bad apples to say cruel things about the judical system, about the “incompetent” lawyers, about her, before she responded, if she already knew or had a feeling that the Deaf community would react?
Like as if we are “animals” waiting to jump out of the woodwork?
The reason I am making a comment of this nature, if I knew this was going to happen, I would have consulted with some Deaf agencies or posted a pretrial letter (comment) in someone’s blog explaining the consequence for having no interpreters available- As she probably could have with her ending up having to interpret for her son.
Right? Or it doesn’t work that way, and we all have to react without hearing someone’s side of story?
February 19th, 2008 at 4:47 pm
Thanks for sharing the additional information about this particular
situation. Even if it doesn’t justify what happened, it’s a good reminder
that we need to have all the facts and details before we can make clear
judgments about situations.
In any case, it is, sadly, an all-too-common situation, when hearing family
members or other hearing people with potential conflicts of interest end up
interpreting for Deaf people. Some of them are fully aware of how
inappropriate this is, while others simply have no idea and believe they are
helping out.
As psychotherapists, we continue to be alarmed by how many hearing
therapists who sign believe that they can “interpret” family therapy
sessions involving Deaf and hearing members. They should know it is
considered unethical for a therapist to function in this way.
As in any professional situation involving Deaf and hearing individuals with
different communication needs, a qualified interpreter should be present to
ensure clear communication and to allow the hearing therapist to focus
solely on therapeutic issues.
Candace A McCullough
February 19th, 2008 at 5:57 pm
But still how does the victim feel if the (not yet confirmed if he is guilty or acquitted) rapist’s mom is on his side. What a nitemare for the victim! If I were in her shoes — I will object that! As for NJ state .. it is a lame excuse — Today is 2008!
February 19th, 2008 at 5:59 pm
Please think about the victim.
February 19th, 2008 at 6:03 pm
I am truly pissed that his mom “rescued” him because she feels sorry for his son. Her son should have waited til the certified interpreter is available. Wants get behind this? Tough sh**. Waiting is Patience. His mom should have filed the lawsuit against the NJ state! Sorry got carried away but I am very unhappy with this.
February 19th, 2008 at 6:37 pm
Be honesty with everyone,
I disagree and I agree with Diane # 18# 19 #20.
I think it is outraged about being his mother is interpreter as roles. It is out of control!
I knew something it is not seem right about mother should not intepreter. I am sick of Judge sometime they dont familiar American Disabities Act Law that judge should grant to interpreter agencies instead….
Deaf Pixie
February 19th, 2008 at 6:41 pm
Well that certainly presents a different picture than the newspapers did.
I’m still a bit uncomfortable with the mom interpreting, even if it was just a plead. The courts need to take a role into making it clear that the states need to do something about the interpreting shortage crisis.
And you’re right.. the system failed the mom and the son. They should’ve provided him with a qualified interpreter. *shakes head* Definitely a mess on all sides.
February 19th, 2008 at 6:53 pm
I am holding a box of kleenex at this moment.
February 19th, 2008 at 7:14 pm
I am sorry that the judge had put the
alleged’s mother in an awkward position.
Have you asked her if she and her son
know anything about the NAD? Have they
consulted the NAD?
Elizabeth, now that you were able to locate
the alleged’s mother and had her post a note
on your blog here, have you been able to
locate the victim’s parent(s)? Who interpreted
for her if she did appear in the said hearing?
February 19th, 2008 at 7:23 pm
Comments are not going anywhere. In fact, some of them are back-peddling.
This mother seems like an intelligent person who wants the best for her son. [remaining comments deleted due to slanderous nature. The mom requested that I remove it. I kindly remind everybody please remember that the plaintiff being charged doesn't mean he is guilty. Only the jury will decide that]
February 19th, 2008 at 7:37 pm
Kevin is right… but we all need to vent…
Kevin it is hard to sit and be quiet about this issue. I have seen children interpreting for their parents divorce or child custody battles. It was in the 90’s.. So I am not surprise it is still going on. Especially with this mother. Even though she shared her side of the story and I am almost sure she learned her lesson here.
You are right Kevin the parent should teach their children morales, values and etc. Kevin as a mother of 2 girls it is so hard to do that now with so much influence.. peer pressure oh my gosh in our time it was not too bad different stuff ya know but today… internet, entertainment, information from others and parents are not taking care of their children… It is no wonder why children behave they way they behave…
I don’t know… What you want to call this generation but I don’t like what I see. I fear for my girls and the future generation of what yet to come. But I am going to be hopeful.
February 19th, 2008 at 8:06 pm
The defendent is still presumed innocent until convicted by a jury of his peers. Let’s not jump into conclusions that he is guilty.
Diane, it was my impression that the plaintiff (alleged victim) wasn’t in the courtroom during the pretrial hearing. The mother didn’t indicate that.
Jean, the mother found this blog and left a comment along with her e mail address.. That’s how I was able to contact her back.
This is what I found:
What is a pretrial hearing? After a felony case has been considered by a grand jury and an indictment returned, the case will be scheduled for a pretrial hearing. At the pretrial hearing the defendant and his attorney usually advise the judge whether the defendant wants a trial or will plead guilty, and if a trial is desired, whether a jury is required. Certain motions concerning legal issues may be heard at a pretrial hearing. Occasionally, a witness may be needed in a pretrial hearing, and if your presence is required, you will be notified well in advance of the setting.
February 19th, 2008 at 8:21 pm
Whoa! First of all, this boy is innocent until found guilty. We cannot say that this boy is actually a rapist. That is why we use the word alleged, meaning that he may or may not actually had done it. There is no way to accuse his mother for failing to teach her son. Just hold your horses. It is not the point of this blog anyway.
I feel for the mother, really, since she is in between a rock and a hard place. If I were in her position and that this was the third attempt to get an interpreter, I would go nuts! Imagine having the first two pre-hearing canceled because of no terp show that you have to go back and forth over and over. That must be taking its toll, draining them emotionally. It must be tempting for both the mother and her son wanting to just to get this over with by simply sign out the word not guilty and get the trial set up.
While I understand the frustration of not getting appropriate service when it comes to accessibility, to give in is like giving them the message that they can do it again for future cases to have families to jump in to interpret. I think this is why we are not happy with how this pre-hearing was proceeded giving off the precedent.
For the mother to say: “It was just like all the other times I interpreted for my son whether it was at McDonalds or Motor Vehicle.” If that was true then we would not have this kind of discussion. It is obvious that it is not the same and it is a big deal about who gets to interpret on a pre-trial or court premises.
The mother had offered an explanation why the interpreter didn’t show up because of the weather but I am wondering what were the first two reasons for no terp show? To me 3 times is too many.
I am wondering what are the actions taken so far? Have the son filed a complaint to the court?
February 19th, 2008 at 8:30 pm
All defendants are innocent until pronounced guilty in the court of law. When we say this, it does not mean we support the defendant over the allegations, because they are serious. However, if the defendant is actually innocent, it would be emotionally damaging to him if we all railed against him for the alleged rape. His reputation would be damaged or even be damaged for even being accused of a crime of that nature. And the victim needs to be considered, too.
Anyway, the point is that both the victim and the defendant are innocent unless otherwise is said in a court of law.
We must not attack a person’s character just because one has been accused of a crime. After the jury renders a verdict, then..
February 19th, 2008 at 9:24 pm
Elizabeth,
Please free to take down my comment in its entirely.
You’re absolutely correct: this young man is innocent until proven guilty. However, due to this horrible nature, your blog entry is provoking most people here (myself included) to jump to conclusions. I feel it would be best to disable the comment here. It’s only fair to the mother of the alleged defendant.
February 19th, 2008 at 9:32 pm
I made it very clear that he was accused and never implied that he was guilty. Even the mother used the word accused.
The whole point of the trail was for a jury of peers to try him.
February 19th, 2008 at 10:29 pm
MZ quotes:
“Diane, it was my impression that the plaintiff (alleged victim) wasn’t in the courtroom during the pretrial hearing. The mother didn’t indicate that.”
I hope so .. Otherwise it is gonna be a nightmare for her!
Accused: To charge someone with breaking the law.
Therefore the son is innocent until proven guilty in the court of law. No one knows but only himself (and the victim). The accuser must prove that he did not rape the victim. If he pleads “NOT guilty” — then he will have to go through the trial. It is all up to the jury to decide. If he pleads “guilty” which means he accepts the responsibility of his action and accepts the serious consequences (off to the prison or on the probation).
It appears that some don’t understand how the court works!
I feel sorry for his mom to be put into that position but that’s no no. His mom should’ve spoke up but she volunteered to do this anyway. *finished* What an ignorant hearing people out there. My biggest concern – will the judge command his mom to present to interpret for his son thru the trial? They definitely violates the ADA law! – even the shortage of legal certified interpreter in the state of NJ! Court is not the same as many places such as Motor Vehicle and McDonalds. Going to the court is very scary for everyone.
We all don’t know if the accused did it or not. The only person is the accuser (and the victim) knows. Let the jurors take care of this and … the court must find the legal certified interpreter too.
February 19th, 2008 at 10:35 pm
Diane, why should the accused be penalized because the interpreters didn’t show up for the third time in a row? It was a very bad situation for everybody involved, including the mother, too. If anyone is at fault, it is the NJ Judicial System for not securing a reliable source of interpreters.
Actually, no, the accused doesn’t have to prove that he raped the alleged victim. It’s the responsibility of the prosecutor.
February 19th, 2008 at 10:55 pm
To the mother of the accused:
There is a shortage of interpreters everywhere. In fact, there are only 180 legal interpreters in the US. Don’t think NJ is special just because you have a certain shortage.
Your son wanted to put this behind him, which I can support, but trials and hearings get put off all the time. Just because he’s deaf and you wanted to get this over with, that doesn’t make it okay to take on the role of something you aren’t certified for. Your son was accused of rape. Nobody gets a “speedy trial”, guilty or not. Deal with it.
February 19th, 2008 at 10:58 pm
Oh, and suppose the lawyer or the court reporter or the judge couldn’t show up… does that make it okay for you to take over their role just to “put this behind him”?
February 19th, 2008 at 11:40 pm
MZ quotes: Actually, no, the accused doesn’t have to prove that he raped the alleged victim. It’s the responsibility of the prosecutor.
Because I am no legal expert lol …. Yep yep true … I agree. Even the accuser admits this but that’s really up to the prosecutor to agree with that . Umm Court is no fun. I will not put my foot into the courtroom. Ugh …
Don’t forget CL’s case — Still waiting for a trial. It is 5 years now! la la la …. see? No one gets the speedy trial.
February 20th, 2008 at 2:26 am
I’m surprised that no one has mentioned the obvious legal blunder that the Judge made. By allowing mother to interpret, the Judge opened up an AUTOMATIC appeal, and the possibility that the defendant’s conviction (if he is convicted) will be overturned…
And my other issue is “Who interpreted for the guy with his attorney?” How could he plead “Not Guilty” if his lawyer didn’t explain all his options? Sometimes its better to plead Guilty! But in this case, there is no mention of how his lawyer interviewed him? Writing notes? (LOL) Or more likely, Mom again interpreted…. Again, grounds for a mistrial or overturned verdict.
I’m not a lawyer, but I watch them on TV!
February 20th, 2008 at 8:08 am
If that little boy is unable to obtain a certified interpreter, how about the CART system? It can be very reliable.
February 20th, 2008 at 11:21 am
If he can read (As a second language English) .. legal terms or big words are quite complicated for him.
February 24th, 2008 at 9:29 am
I formerly lived in NJ during the 1990’s and the state has a state level coordinator of interpreting services who does an excellent job. I know from personal experience there are many very highly qualified interpreters in the state. That being said, there is still a shortage of legally qualified interpreters able to work in a court room. It is not just any interp who can do that work. It requires years of experience and training to reach that level. I don’t know how many are qualified in NJ but I do know they often draw on Pennsylvania and New York interpreters.
NJ and northern NJ in particular is the most densely populated state in the nation. When inclement weather strikes the turnpike, NJ Parkway and interstate highways frequently clog up with jammed traffic. So it can be an understandable event that the interps did not arrive on the day the mother interpreted. However, for it to happen three times is unusual and, if I was the interp coordr, I wud have made extra certain to have certified interp at the court well in advance of the hearing time that day.
February 27th, 2008 at 11:40 am
What about video phone? Courts should make arrangement with interpreter agency to get court qualified interpreter and do interpreting remotely like VRI?
That will prevent from delaying court hearings due to shortage of interpreters.
Why not? VRS with video phone are in great demand which caused severe shortage interpreters.
I have seen in courtroom and saw TV set and saw prisioner sitting in jail on live TV while judge passes rulings to prisioners.
Why not use that technology and do VRI????