Ever since that fateful day in August, Alex has been in and out of court. The first time he went, the felony charge was dropped. (After all, you can’t yell “Fire!” in a crowded theater. Only I fail to see how asking a security guard if bombs are OK is in any way similar to that.)
From Alex’s blog on December 3, 2005:
In court, the prosecutor dropped the felony charge and offered 10 days of community service for the misdemeanors. Lawyer “respectfully denied the offer” with intentions to keep my record clean. I have court again on February 8th.
The second time he was in court, he ended up waiting three hours for his lawyer to show up o_O However, when he finally got there, he told Alex that “the misdemeanors were now just disorderly conduct (violation, not a crime), which means that [Alex's] record stays clean, no matter what.” Everyone breathed a sigh of relief. When my sister’s boyfriend (who was arrested, too, but for a very different reason) was charged with “disorderly conduct,” all he had to do was pay a fine. We were all hoping that Alex would be faced with a similar offer. The ideal situation, of course, would be to come off clean and not do anything… but that wasn’t realistic.
A couple of weeks ago, my house phone rang. I found this to be odd because that phone hardly rings anymore (not since we all got cellphones) but decided to pick it up anyway:
Guy: “Hello. May I speak with [struggling with pronunciation] Alevtina V————?”
Me: “That would be me.”
Guy: “Hi. My name is [didn't catch his name] and I’m calling from the District Attorney’s office.”
Me: “…”
Guy: “Several months ago, you were witness to some guy yelling ‘BOMB!’ in a museum?”
Me: [cringes] “That’s not what happened… but yes.”
Guy: “No, okay! That’s why I’m calling. I want you to tell me what happened.”
So I told him o_O When I hung up the phone, I realized that perhaps I shouldn’t have said anything. After all, the DA was the enemy: he’s the one trying to punish Alex for something so ridiculous. It was not until Thursday that I found out why the DA’s office needed my side of the story.
Alex’s third and, hopefully, final court appearance was this past Thursday. His lawyer informed him that, while all the charges were dropped and his record is clean, Alex is faced with 10 days of community service. (The actual name for this is Adjournment in Contemplation of Dismissal.) He told Alex that the DA wouldn’t settle for anything else. That’s why I was called that time: the DA was trying to figure out what kind of punishment to dole out. The lawyer also told Alex that he’s had clients who were students at NYU who had to do 20 days of community service for just misdemeanors — so doing 10 days for a felony was really a good deal.
Tompkins Square Park
New York, NY
So, now, Alex has to find his way to Tompkins Square Park every Thursday, Saturday, and Sunday until April 9th. He’s to work there from 8 in the morning until 4 in the afternoon. Needless to say, Alex is bummed. First of all, he feels he should not be punished. His belief is that he didn’t do anything wrong — after all, all of his charges were dropped — so why is he being punished? Secondly, he lives on Staten Island and must find his way to Manhattan three days a week before 8 AM. That means he has to be out of the house by 6 AM. He asked if he could do service on Staten Island and was informed that, since the crime was committed in Manhattan, he has to work off the hours in Manhttan. And, lastly, they took all of his free days for the next four weeks. This leaves him with little time for anything besides school.