Ginkgo Biloba anyone? Part I

I haven’t even started this post and I already know there will be at least a part II.  I mean with the concerning memory loss amongst highly educated professionals here in Weber County UT  resulting in responses on many questions  of “I don’t recall” and “I don’t remember” we are either being fed complete BS or there is a frightening epidemic that would definitely be deserving of a medical study or two.

Back to the Cardigan wearing strategy from the first post, I want to start telling the stories about how my bad behavior started to come out.

I want to introduce you to Marnie real quick, I am sure a lot of you know who she is, but for those of you who don’t Marnie is Tyler’s step mom and I am convinced Madi and Tyler are somewhere laughing their asses off that the universe allowed the two of us to meet and join forces, up until last month it was a constant battle between the two of us over who the bad one was, we were not trying for this, but we seem to have a knack for irritating people.  But after my letter to Judge West I think Marnie has a lot of work to do if she even wants to attempt to be comparable, but I think she can do it and I have complete faith in her to give me some competition.

At the beginning of this nightmare Marnie and I had started messaging each other before court hearings or meetings regarding the case, we would always follow-up after with the purpose of picking each other’s brains of what was going on.  The police report was not completed until the end of February, so I am sure most people would be freaking out over this, it left quite an uneasy feeling month after month, but as previously stated you don’t want to believe there are bad intentions by anyone when you are going through such a tragedy.  As a very important side note I would like to mention that we did not see the police report even when it was finally complete.  This might be shocking to everyone, but we did not receive a police report until 8/2 of this year when my attorney reluctantly gave it to me.  He had offered it in May, but made it sound like it was not a good idea for me to have, I being a chicken did not dare have it until I got to the point that I realized I needed to toughen the F up and face that report.

I am not going to lie, my attorney was smart, he recognized that I was up to  no good most of the time, to him my cardigan was invisible, but I definitely always gave him a run for his money regardless of his ability to see through me.  The police report had become a game of chicken between  us.  I actually promised him that I would not read the report, I pretended I wanted it just incase I needed it sometime in the future, and that I was going to file it away and not read a word, I even promised with the best poker face I could muster up, he was quite fidgety that day so he knew what was up, but he also knew that I had his number and that part of the game was over.

As soon as I got to my car I was scanning through the 80ish paged report and had it all read within hours.  After reading the report I realized that my lawyer was also suffering from the memory loss epidemic, or he didn’t know how to read because that report had very specific answers to questions I had asked and received replies of I don’t know from him about.  So either liar liar pants on fire or illiterate.  I’m trying to give these guys options…  He was used to a very confrontational Jocelyn, my guess is he was expecting some crazy text messages the following day, but the truth is that I still have not yet decided how I am going to deal with him yet so I have not contacted him at all about the report and what is in it, he might even believe that I filed it away.  I will come back to him in a future post.

Right now I want to target Mr. Weber County Prosecutor.  We were to the month of January, none of us had really said much at meetings, we were definitely a quiet group which could translate as agreeable to the prosecutor, and some were and still are the same way (agreeable) with his office.

The lovely plea agreement was in the beginning stages, the first preliminary hearing had been canceled and we were going in for a meeting, Marnie and I had decided that enough was enough and we wanted answers.  How in the hell can they even consider asking our opinions on a plea agreement when we don’t even know what happened that night and leading up to that night?  Marnie told me she would follow my lead and ask the questions if I couldn’t do it.

Now keep in mind up until this point none of us had questioned a thing.  He started by updating what was going on and how they were working really hard to get an agreement that everyone could get on board with.  Once he was done he asked us all if we had any questions and for the first time I said yes.

Here are the questions:

1. Was Marilee on medication when she did this?  Was she supposed to be on medication? And had she had any recent change in meds?

2.  Was Marilee released from the mental hospital that she had been in for ten and a half months or did her parents withdraw her?

3. If she was barely sixteen and was away getting help for over ten months when was she able to get her learners permit?

Before I tell you the answers to these questions, I need to say if looks could kill….  these questions obviously caught him off guard and he did not like them.  I without a doubt know now what a death stare is and I had a strange reaction to him as well, it was a basic instinct that kicked in and I completely surprised myself by staring at him with no reaction to his reaction, it was  totally a stare down.  I can’t say I won, but I at least tied and it seemed like he was not used to someone questioning him let alone not allowing him to intimidate them into submission.

So here are the answers and these are obviously paraphrased, I mean I don’t know how to take dictation and I am pretty sure they wouldn’t allow me to record anything because if that happened someone might actually have to remember something.

The answer to Question 1 was odd to say the least, he said she wasn’t on drugs if that’s what you are asking.  I said no that is not what I am asking, I am asking about psychiatric meds since she had been in an institution for almost a year it is a relevant question.  His next reply was that it’s really hard to sue pharmaceutical companies.  Hmm that is odd right?  I don’t think my question and especially since I am taking to a prosecutor in a criminal case is in regards to suing a pharmaceutical company, but ok…  Then when he was at the height of his annoyance with my questioning I told him we don’t know what really happened that night.  If you want us to say we are ok with a plea agreement I want to know what a possible jury will hear before I can give you an answer on an agreement.  The mood actually lightened at this point, I really am unsure of why that calmed him, but whatever.  He ended up stating that he couldn’t remember exact medications, but medication was a large part of her ongoing treatment.

The answer to number 2 was a big fat I don’t know, he said something  like the answer to that question would be hard to get because it has to do with medical records, yada yada yada…

The answer to number 3 was I don’t know, just that simple, no big deal, not important at all, I don’t know… quit wasting my time with this crazy talk.

Ok so with all of that information and with my newly acquired copy of the police report guess what is in there?  TAH-DAH answers to the questions.  So at this point the prosecutor’s excuse options are memory loss, BS or I guess maybe he could also be illiterate, I am really trying to be fair here,  I am nothing if not kind.

Answer to number 1, also paraphrasing but this comes from the report I have and these are answers straight from the horse’s mouth and the horse’s dad or IDK what he would be called in this scenario,  I mean I have some names for him, but…     Per Marilee she was supposed to take 3 pills a day, 2 were psychiatric meds that she did not know the names of and a birth control pill, she was taking them here and there, but it doesn’t sound like it was routine or anything well maybe the birth control  (I mean it would be completely ridiculous for someone with serious mental issues to be watched closely and monitored by their father the Dr).  Per Dr. Gardner  and again yes DR. meaning someone familiar with medications and such, right???  She had been taking her medications sometimes, she had recently got a job at Wendy’s (and drumroll please….. and the answer to question 3 ) had received her learners permit and started drivers ed at Layton High School, and because of all of these wonderful things that were happening for her they had hopes that she was doing better this time, yep THIS TIME, she had been in and out of institutions since she was 12, but a job at Wendy’s surely screams of all mental issues being resolved and she had afterall  been out of the state mental hospital for an entire month and a half, should be perfect timing to start driving right?   Oh yeah, I’m sorry I snuck that one in, that is how I was given the news as well.  Right there in the police report, plain as day it talks about how just prior to her going to the state hospital she had been in a facility who basically said she is too cookoo bananas for them and sent her to the state facility.

So here is a funny detail, I found out about this not because I was asking about suing anyone, but while talking to another attorney I was told that there is a one year statute of limitations when suing any government entity in the state of Utah, the attorney I was talking to was quite shocked that my attorney did not advise me of that.  Kind of weird it was never mentioned right?  I mean to me it seems kind of major, but I guess not, lets take some more rights away, why would the victims need to know details?

Anyhoo,  more to come.



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