Somebody told me that today was Positive Attitude Day. I decided it was Opposite Day, and sported my pissy mood. I actually yelled at my clinic supervisor. I think it surprised him because usually I am pretty sweet. By the time I was done I had snapped at the police prosecutor and snarled at the defense attorney.
This morning, I went to court. The defense had filed a motion to dismiss. It was a situation where the police could have charged an couple different ways, and they went with the more serious charge. It was pretty arguable about whether or not we met the elements of the more serious charge, but I felt that I could make good faith argument.
I stayed up late last night dutifully writing the opposition. I have to say, I can’t remember when I had such a bottleneck of work. I had a paper due last Friday. I have a 30 page paper due next Friday. I’m taking the MPREs Saturday after next, and it’s Halloween. But I took the time out to think about this.
I get to court and find out, the defense didn’t bother to work on it at all. But she wants it dismiss anyway. And she is one of these Yorkshire terrier types that just keep yapping at you. Mind you, she doesn’t want to argue the motion. She just wants the prosecution to dismiss the case.
To my surprise, my supervisor agrees with her. He doesn’t think that we can meet the elements. I make my argument. We drag out a dictionary to look up words in the jury instructions. I point out the police prosecutor doesn’t want this dropped. He changes tactics. It’s going to be dangerous for me to try and find witnesses (for real).
Finally, he says thinks it’s a waste of the Commonwealth’s resources to pursue this.
And that is when I lose it. Because you know, what about my fucking resources? If I had known that this was such a bull shit case, I would have watched Madmen last night.
I snapped at the police prosecutor because he tapped on my shoulder during this fight, and I thought it was the defense attorney. I apologized, and he laughs and says women yell at him all the time. But the defense attorney has gotten to him. He has agreed to drop this.
I just couldn’t help but wonder, “If she is so damn persuasive at getting people to see her way, why didn’t she just go argue her motion in front of a judge?”
But it doesn’t matter. I see that I’m not going to win this one. On the way out the door, the defense attorney coyly asks me, “But don’t you think I’m right?” And I respond, “It doesn’t matter if you are right, because you would just keep at it until you got your way.” She smiled and walked away.