[jgardn50]

We have been the permanent foster parents to a 17 year old since he was 12 (2001). In 2004 he got in a fight at school and was charged w/simple assault and was put on probation. When entering 9th grade (w/a 4th grade reading level) he started refusing to go to school and that year spent 120 days of the school year in detention for 14 days of missed school. Evidentually the judge ordered him to a group home (against our wishes) in Nov 2005. In Jan of 2006 he ran from that school and hid out for 6 months before being picked up and placed back in detention (July 2006). While awaiting hearing for VOP, he was involved in a fist fight w/two other boys in detention center. It lasted 16 seconds and is on video. The PO took the video to the commonwealth atty and they charged him and another foster child w/malicious wounding (the kid had a scape on his face from his arrest and the other boy knocked the scape off and the boy bled). Our foster son was also charged w/assault on a staff member who tried to break up the fight and he pushed his hand away. Both boys were charged w/conspiracy to commit assault but that charge was dropped. The court appointed atty did such a terrible job in his defense, and he was sentenced to DOJ. We appealed the case and hired an attorney. Now we are looking at a court date on Friday and the attorney is planning to ask for a continuance because the commonwealth atty never gave him discovery and now says they will not have the video of the fight until Fri morning and we assume this is their only evidence against our son. He has now been in detention 5 months and will be 18 Feb 17, 2007. He is a young man w/a very troubled past (horrible parents), but this 5 months w/us sticking by him, as his parents did not, has really matured him and he has had a "squeaky clean" existence in detention for 3 months--no demerits or 24 hour confinements. We are desperately wanting to know what our defense should be but the attorney (even though we hired him) seems to be waiting until the last min to get anything done. He does not believe that the CA can make the malicious wounding stick or the assault on the staff as neither had any wounds, but our fear is that he has a PO who will muddy the waters for this young man w/the CA before the case ever is heard.....What would you recommend?

[Mr. Knowitall]

I don't quite know what to tell you other than "work with your son's lawyer". He's dug himself quite a hole. Your son's lawyer should be able to get the videotape.