Expert: Jack Toomey - 11/6/2009

Question
QUESTION: my problem is with enforcement...a neighbor 15 acres away started harrassing my kids (3 under 11yrs) 2 yrs ago. I ordered him to leave them alone, he refused. He hit one child with a rock who was riding on a community private road...his brother and 2 independent boys witnessed it. His wife who was in the house a 100' away says he didnt do it - she is old, it is distant and there are trees. He was charged w/assualt. He states in police report he videotaped them also. Since then he also watched them depart the bus, waited, then followed them slowly as they walked then took their picture. He has prev threatened to kill their cat, 'get them' etc. We are all scared for their safetly. A temp restraining order was granted...but the da, and the court clerk all act like this is not enough to convict him or make the order permanent. I am trying to build a case to protect the kids...have the police reports and some applicable law reference...any advice on other reference avenues to support the da for the assault and the judge in the restraining order case? thank you

ANSWER: It should not be your job to "build a case".  The police or prosecutors office are the ones who are responsible for gathering enough evidence to convict the defendant.  Have you met with either one?

---------- FOLLOW-UP ----------

QUESTION: And in a perfect world....they actually wanted to dismiss the assault charge until I left 25 msgs for the DA then they decided to set it over for review - altogether I left probably 50 msgs in the DA office with only one return cl - it is impossible to contact them. The deputies are better...but then I've hd to call them 5+ times...they supported the restraining order but that is something I have to do..and unfortunately it appears my job to push the DA also but I want to push everything I can- the neighbors actions are escalating and I'm afraid his next action may be more harmful than just a rock.

Answer
I don't know what kind of court system that you are going to appear in but I have never heard of the victim having to look up law references, etc.  If you are going to prosecute the case by yourself (which you won't be doing) then that would be important.  But wasting your time looking through law books is simply counterproductive.

In my juristiction the police investigate the case, interview victims and witnesses, take statements, gather evidence, and present it to the prosecutor at a meeting before trial.  Then its up to the prosecutor to choose who he wants to put on the stand and what evidence to use.

I am sorry that you seem to live in such a place where the authorities are unresponsive.  All I can do is wish you well and hope that the defendant(s) are convicted.