court

The big court ordeal is finally over.  It's been a year since Mike got arrested.  We spent about four hours in court yesterday.  After the prosecution rested, our attorney asked for a directed acquittal.  the judge did acquit on one of the charges, but wouldn't on the other, even though the victim and the primary prosecution witness directly contradicted each other.  the victim couldn't even remember whether she was inside or outside of the house when she punched her hands through the glass on the front door.  At the end of the trial, when the judge was leaving, the prosecution asked him to consider lesser charges as well as the original charge.  When he came back, he found that the felonious assault was not proven, and convicted Mike of simple assault, a misdemeanor.  His main reasoning was that the witness said she saw him kick the door closed, even though there was a curtain on the door which he would have been behind.  About six months ago, Mike offered to plead to a misdemeanor, but the prosecution rejected it.  It doesn't seem fair that since they knew they had no case, they could turn around and ask the judge to consider that charge.  It seems to me that the judge should have given a direct acquittal, since the state couldn't prove their case.  At least it's over.  We go back on the 21st for sentencing.  the max could be 180 days in jail, but the judge already said that he wouldn't jail MIke.  Hopefully he'll remember that, but the attorney said he'll remind him, many times.