The Wheels of Justice--

--are starting to turn, albeit slowly, in Wisconsin’s Outagamie County Courthouse. Last Wednesday morning there was (finally) a preliminary hearing for the fellow who hit 3 of us while we were walking across Wisconsin Avenue last November 13th. Only took 296 days to get this far!

The assistant DA had to prove before a judge that he had enough potential evidence to bring criminal charges of (1) possession of a controlled substance, (2) driving under the influence of a controlled substance, and (3) causing great bodily harm with a motor vehicle while driving under the influence of a controlled substance. I was Exhibit A for the last charge.

I was surprised at my own emotions while testifying. They snuck up on me and became evident in my voice as I answered the Assistant DA’s questions about “my great bodily harm.” The defense attorney reserved most of his questions for the other witness—the investigating officer who interviewed the defendant and took him to have his blood drawn after the accident [“what made him suspect the defendant was under the influence”, “how much training had the officer had in drug cases”, etc.].

But 45 minutes after we arrived in the courtroom, her Honor determined there was enough evidence for the defendant (who never said a word)) to be arraigned on the charges. If he pleads not guilty, there will be a trial; more than likely in 2009!

Learned a couple of sad facts during this process:
· The 27 year old defendant still lives at home with his parents and didn’t have any insurance;
· There are only 2 qualified individuals in the State of Wisconsin that can do blood analysis for criminal cases. They test first for alcohol. If more/other tests are needed, one has to wait until they get to the bottom of the pile for all the other first tests that are needed.
· Depending upon the plea, the Assistant DA may bring separate charges against the defendant for another instance of “possession” that occurred within a week of the accident!
· My company has paid over a quarter of a million dollars in medical bills for me (so far)!