So, Who wants go to prison for two years? You vary easily could. All of this has been going on because of a technicalitie in the law that states that ANY injury to a child weather it is an accident or a tragedy doesn't matter you can be changed even a minor injury like Zoey. The sentence is 2 years minimum 20 years max! We need to start working on getting this law changed or repealed. So if anyone has ideas where to start let me know. Truly this law could affect anyone!
I don't know what is going on with Wendy and Russel's lawyer but I do know at this point Russel has faith in him.
I also forgot to tell you that yesterday, supposed to be the court date that the Smith County Texas DA saw fit to subpoena A 3 year old child to court! Yes it was Zoey and yesterday happened to be her 4th birthday. Anyway they the DA subpoena everyone who is on Russel's side? Then they get upset with Michelle for bringing zoey. She had to prove they requested her.they made her leave no children aloud in the court.
We talked for about an hour last night. He sounds great had BBQ ribs for dinner he is staying with some wonderful people who have been there for him and his family. I want to thank the Coats. They came to Russel when this all started, he (Jeff) saw the news report on Bella and knew he needed to help Russel. He has ever since. January 12th is the court date now. It was supposed to be yesterday but that got bumped out last week by the DA on Russel's bond hearing because even with 5 months they weren't ready! imagine That. So his bond hearing was yesterday instead.
Russel will be released on his own Recognize today. His court date will be January 12. He can not go home or have any contact with Michelle and Zoey but at least he is out of jail!. I am waiting hear from him.
We have news! Russel's court date is Dec 8th. It is also Zoey 's 4th birthday. It will be the first time in months that he gets to see her. Keeping my fingers crossed that this all goes well.
Haven't heard anything from Russel about when he goes to court yet. It should be any time. I haven't been forgetting to post just haven't had anything to say.
Ok they got the heat fixed at the jail
New update, it seems that Smith County jail in Tyler Texas just can't seem to function properly. They have had trouble with getting the prisoners outside at times and now the meals are not on time any more. Now they can't turn the air conditioning off and turn on the heat! Russel is wearing thermals and wrapped in a blanket and still cold. I guess they are also having trouble with medical. They had problems with the guards a few weeks ago. We need to let them know we are watching them and keeping track.
What the DA and CPS and even the Grand Jury doesn't understand is that the death of a child is bad enough, but they want the death of the whole family. They want to destroy every one. How is this justice? How is this in the best interests of Zoey?
Well we have word. It is not good. He has been indicted on two counts of injury to a child. One count is 2nd degree felony witch caries a sentence of 2 to 20 years and up to a $10,000. Fine and the second charge is a state jail felony and caries a 180 days to 2 years and a $ 10, 000 fine. His bail has gone up and is now $175,000. Don't see much chance of being set on release till trial. I want to thank all of you for your support and as you can see we still have a long way to go. Our only hope is that now his lawyer has a chance to defend him. Up to now it has all been the D.A no one was allowed to give Russel's side. I don't think it is justice when only one side can give evidence and paint a dark picture and poison the waters before you are allowed to be defended. No such thing as innocent until proven guilty.
Wouldn't you think that if they didn't hand in their indictment by the release date that they ran out of time they should let him out? Just saying!
So wishing I knew if Russel was getting out today! Not looking like it. Yesterday was supposed to be the last day, but because the Grand Jury met we don't know what the deal is yet and I knew it would mess up his getting out. Last flipping minute on everything! Just pisses me off! I hate this place!!!!!!!!!!!!!!!!!!!
Ok when you visit Smith County jail you go to the low risk facility and you have screen monitor and phone. You aren't even in the same building with who you are visiting and you get 20 minutes. Visiting days are Tuesday, Fridays and Sunday. So I arrived on Tues and didn't see him. So Friday I went and stood in line for 1 hour to reach the sign in desk. I was told I went as not on the list. I said I should be he put in for it. I had to leave. Mind you this is a half hour drive one way. Russel called Michelle and I told I was not on the list, he said he went a second time put the request in again. So Sunday I again go stand in line for another hour and again I am told I am not on the list! So now I say I flew 2 thousand miles to visit my son and I have talked to him and he assured me that I am on the list! I said I realize that your monitor doesn't show me so someone at Russel's end didn't turn it in. So they send me next door to talk to the Sargent. 20 minutes later she comes back and said that Russel did submit two requests and that she had to get after the guards about not putting the paperwork through and since I traveled so far I would see him and I got 45 minutes. This is the exact thing we have had to put up with on everything from Smith County TexASS!
We don't know anything on court yet. It could take days. When I know anything I will post it.
We won't know anything until today at the earliest
Ok I'm looking at Bellas death certificate. It says she survived two hours before She surcomed to hyperthermia and died at the hospital at 4:08 pm and ruled an accident.
Now that I'm back down here I am not feeling very optimistic. This place gives the proverbial Black cloud a run. I am terrified about Thursday.
This order states that Russel can't be around Zoey OR any of Zoey family!
Ok I am on my way to the airport. Russel has a hearing on the 2nd. We will find out if the Grand Jury is going to proceed. Keeping my fingers crossed that this nightmare might be about over.
I do want it known that even in the beginning of this that no matter what lawyer you talked to in Smith County that they all said matter of factually Russel WILL BE INDICTED ! So it sounds to me that they are all in cahoots. We really need to bring this to light and spread the word that something stinks in Smith county Texas! !!!!
Well Russel's bond was lowered to $100,000 now. The DA said what was to hold Russel there if he bonded out. Russel's lawyer said he is on disability you can track him through that. Anyway the judge told the DA and county to shit or get off the pot. Bellas death was ruled an accident by the corner. So Russel will still have to be in jail for awhile.
Well Russel's lawyer finally declared that he believes in Russel's innocent! I couldn't be happier with the exception of Russel being free, and CPS leaving Michelle alone. If you all knew the horrors these two have and are still going through! I can't believe the growing list of injustices these two have to deal with. But at least we have the lawyer stepping up.
Missed a call from Russel. The one I did get was so garbled I couldn't hear a word he said. I think it is their recording device. I hope that what I heard is true that the Sheriff only arrested because of pressure from CPS and just waiting for granny jury to not indicate him so they can say they did their job and it's out of their hands and let him go. Keeping my fingers crossed
I received a letter from Russel today. He was trying not to be negative but of course he was. He is staying in solitary because they have him with the bad guys as he is arrested for manslaughter so he is trying to stay to himself. Letters help him pass the time even if it is to say hi hang in there. Even let him know what you are up to.
Today would have been Bellas 5th Birthday, we all sure miss her.Rest in peace baby. Love you.
Ok just a news report about a guy in another county that was just arrested for suspension of killing his girlfriends two daughters yesterday ages 2 and 3. Not being in this county his bond is only $25,000. Tell me this place is just.
Everyday I am here I am convinced that this is a Godless state.Smith county leaves you in a total fog of disbelief. I can't even begin to explain what's going on as I can't believe it myself. There are no words to describe the indignity and hell they want to inflict. Absolutely nothing can prepare you for it. Don't ever come here!
Still hoping for a miracle. Don't seam to be on the horizon yet. Still trying to find a good lawyer. Not seeing anything from the court appointed.
He very well could be locked up for 90 days before going to court. His lawyer has to wait on the prosecutor to even reduce the bond
Because he has been given a public defender we are no longer allowed to talk about the case. I still haven't met him yet. Still wish we had a paid for lawyer, but just know this could take months. Really at this point I don't know what to do. I don't know how long we need to be here. I don't know what we can do now with funding if this lawyer is really going to give his all to help Russel. It just feels like everything is teetering between good and bad. Russel was just thankful that all of you care and that at least the lawyer listen to him. I can't thank all of you enough and we still need to keep going because this is still expensive, they have loss of wages we still need money on his books and in all honesty still trying for a lawyer we can pick. Guess that's it for now.
The picture they are trying to paint is that are more interested in THEIR toys, and ignoring the kids need for toys so why would he noticed that the kids snuck out. So the only way to win their case is to leave out the other toys around the house and outside witch is where most of the toys were. I just can't believe how thoughtless and cruel those people with power can be. Just blows my mind that they want to hurt him this way. Saw a news report yesterday on the Today Show a man forgot his kid in the car for 3 hrs, sadly the baby passed but he didn't get charged. They of course had money. So is this fair?
O.k found some news. Russel has not been indicted, or arraigned. So far just arrested. They still haven't been to a Grand Jury to see if there's enough to indict him. This could take up to 90 days! We can't bond him because they set it so high. So as of now this is what we know. Talked tor lawyer from out of county and would cost $40,000.00. But the good news is their case is flimsy and mostly twisting the facts. They are saying that the kids had vary little toys " in their room" nothing about toys around the house and yard. Also that the appliances and electronics appeared to be expensive in nature. The refrigerator is 4 or 5 years old. The washer and dryer are new he got with back pay.then the phones and computers. Michelle has two desktop for school old laptop. Russel has a laptop. They just upgraded their new every 2 phons. So this what they are twisting that they care more about new electronic than toys for the girls. No mention of the toys outside or all around the house.
Just saw Russel and he is coping better. He is thankful for all your support. We have let him know you all are behind him.
I have seldom had to ask family for help money or otherwise. I never ask friends for money as it can lead to loosing that friendship. I truly have never asked a stranger. I find myself in this position not to simply ask, but I am begging for more than prayers. I need the money to save my SON!! If everyone could please, please just give $5. 5x 200 people could make the difference between 2 to 20 years each charge, to a good lawyer who could get it knocked down or thrown out all together. I know times are tight for everyone but we are talking about $5 bucks. That's less than a gallon of milk and loaf of bread! Cheaper than a pack of cigarettes. If he spends to much time in jail over this I don't know if we will get our sweet boy back. I can't stand the thought this will change him. $5 could save him. Everyone has that. I am asking cousins, brothers, ants, uncle's sisters and most of all complete strangers. I need to save my son from this injustice.!
I am so thankful for the response that we are getting. Thanks soo much!
I want to thank you for your donations that have started coming in. It means so much. Again thank you from the bottom of my heart!
Just saw Russel, he is not holding up well. They held him 24 hours before reading his rights. Please contact everyone you know spread the word. They are pushing everything to last possible moment before doing anything.
Still haven't been able to see Russel yet. I am hoping to see him today. Will let you all know.
We need help to get a lawyer for Russel's defence. Also for expenses for surviving child and mom.They have charged him for Bellas death. He would never hurt his children, and we need money to mied'sure he gets the best help we can. Anything helps. Please don't let this injustice of loosing his child to an accident, and being torn from his family go wrong for lack of good lawyer. He loves his family and country, he served 2 tour's in Iraq and was blown up 2 ied's and medical discharged. Please help Russel get home.