Austin had his court appearance this morning in General District Court. Even though all 5 charges were on the docket for this morning the primary reason for the hearing was to review his bond violation/bail violations, as these were dates set from back in September when he was sent to rehabe and subsequently kicked out.
Austin's attorney, Bryan Jones, Was in attendance, with myself entering the court house just behind him. While waiting for the judge to enter Jones had a brief conversation with the Prosecutor which was very brief.
Jones:"So about Austin?"
Prosecutor: "No Chance"
It is obvious he was asking about if she'd support bond or not. THere was additional talk about getting Pre Trial Services onboard, but that was a negatieve as well. Pre Trial Services is who Austin likely was calling his "PO" as you have to report to them for drug screens etc.
Attorney Jones then left the court room just before the inmates were brought in. Austin was first through the door and he seemed a lot more alert, standing upright, and not as depserated. His goatee has grown in a little but still appears crackheadish. He gavea quick glance around the room not seeing his attorney or anyone else and promptly sat down. His face was neutral during this, as if he was resigned to no one being thereyet again but not really bothered.
A few minutes later Austin's Father Scott and his mother Diane walked into the courtroom and sat down in the second row. Inmates are in a seperate seating area with a chest high divider so they cannot readily see the general public area of the court room and thus Austin did not see them walk in. As Diane started speaking to Scott, Austin instantly stood up with a huge grin across his face and waived to his mom and dad and started to say something like "hey". This was instantly shut down by both the bailiff in the front of the court room by Austin, and the one by the general public area.
The bailiff by the general public area warned Scott and Diane that Austin is to have no contact, and if they tried they would have to leave. I am not sure if this is general practice, or the officers were aware of a protective order since Austin is still in jail for 2 domestic violences as well. A couple other inmates waived to people and did not get the same immediate treatment.
Attorney Jones had a chat with the parents about the days plan, and again with Austin. These might be attorney/client privelaged but it equated to wanting to get clarification on the evaluation from rehab and being kicked out to try to plead for bond.
When Austin was called up he actually greeted the judge more appropriately with a "good morning your honor" and we are on to the main event.
I dont know if it was out of instinct but Scott tried to also go to the stand to be besides Austin and was immediately physically blocked by the Bailiff and told to return to his seat. I had never seen such a thing, and Scott was allowed to stand with Austin last time so I am thinking it is a protective order of no-contact in place.
The judge got down to business only addressing the Bond/Bail violations. The judge started out by saying "We sent him to treatment and he was kicked out. Obviously Austin has a drug problem, he was kicked out, so what do you suggest?"
Attorney Jones tried to make a case that the letter/report was unclear that Austin was kicked out for positive drug screens and that he wanted to get with the rehab to confirm if it was because any of the screens had failed. The judge said "but he didnt finish treatment". Jones then tried to rebut saying Austin was also suffering from mental health issues but was "on medications and stable now".
The judge then restated "He might but he also has a drug problem" Jones then tried to counter with "he's only in for a posession charge.." trying to downplay the drug problem. The judge then asked the prosecutor for the Commonwealths stance. The prosecutor then outlined how Austin was non compliant with pre trial services (did not state failed or missed tests) for the bond, then was kicked out of the court ordered rehab revoking the second bond, and while out had picked up another three charges to include eluding and domestic violence".
It was at this point the judge had heard enough and in a very pissed off tone concluded "What precedent does it set if I send someone to treatment, and they get kicked out, and I let them go home to their parents?" and denied bond. The judge then set the preliminary hearing for the drug posession charge itself for the next available date of the court officer (who was not in court for this hearing) November 21. No other discussion of the eluding and resisting charges at this point. They might be their own trials with that officer.
Austin is still being held without bond.
