An arrest for nothing

An arrest for nothing Petition.

07/29/05
To: United States Courts, United States Criminal Lawyers, United States Public Defenders, United States Public & United States Press

My name is Kari and my story is so unbelievable I feel as if I am dreaming or watching this all happen on T.V. this cant be reality is what I keep telling myself but unfortunately it is. My brother Jason Enevolsen got arrested in January 2005 for traffic tickets when he got to the Tarrant County jail the Officer began to search him and he willingly gave him a small bag that had methamphetamines in it. Therefore he now got himself a felony for $10.00 worth of drugs very stupid on his part, but he new he would be paying for it when he would get put on probation, we assumed that would be his consequence. We could have never been more wrong on our lives. He got a court date in May 2005 which I went with him. He got a court appointed attorney because nether he or I could afford an attorney he has a two-year-old son and a baby girl due any day, & I have two children also. However in May his attorney Rosa Ann said the were going to try to put him in a program called D.I.R.E.C.T which is like probation but instead of three years it was a year with a lot of classes and drug tests he would have many rules but it would be worth it he would not have this on his record. That is what he decided he wanted to do so about a month later he had to go apply for this program which I went with him.
Now my brother does not have a licence so he cannot have a car, but I specifically wrote on the application I was his transportation and I would make sure he got to all his classes, meeting, drug tests & everything else he would need to do if it keeps him out of jail and home with his family. About two weeks later he gets a call from the Judge he tells Jason he was not expected into this program because he does not have transportation. I wanted to cry then we beg the Judge and I told him again I would be 100\% responsible for getting him to and from all of his appointments, but he still said NO. So my brother called his attorney Rosa Ann so they could schedule another court date. On July 18, 2005 is when his court date was scheduled for. We already new they was probable going to give him three years probation since that was the alternative the first time in court.
On July 18th I was not able to go to court with him because I did not have a babysitter for my children, but I did take him and drop him off and told him to call me when he was out of court. About an hour later he called me and said they locked me up and I really thought he was messing with me because they had no reason to put him in jail but when I started crying and he said, make sure you are there when my baby is born please I new he was for real. When I asked him why they put him in jail he said it was because they THOUGHT he was on drugs so I figured they would give him a drug test and when it came back negative he would get to come home. Well I was wrong again. I called his attorney to find out what was going on she told me the reason they THINK he was on drugs is because he is skinny. That is her one and only reason. She said they are not going to give him a drug test and they dont have to they are going to hold him in Green Bay until a bed opens up in the Saf P program that he will be sent to for nine months to a year. I have tried to do everything I can think of to figure out how they can do this. You are supposed to have some kind of proof to put someone in jail for any crime. You cannot put someone in jail because you THINK they murdered someone.
An opinion means nothing you got to have facts, therefor give him a drug test if you think he is on drugs then you will have proof. Also why does he have to sit in jail waiting to go to rehab, and I could understand they want him to go to some kind off a rehab program because he did get in trouble seven months ago for drugs but he does not need to be sent away two to eight hours away to a rehab prison for something he did not prove. But thats not even half of it I called Green Bay and asked them what my brother was being held for and was told Pos. Of controlled substance but that is what he went to court for so how is this possible. Well I found out that Green Bay can not hold a person that is waiting to be sent to the Saf P without them having a positive drug test. I also found out that the only way you go to this program is if you have a positive drug test or self admitting. My brother has done neither so how in the world is this happening? He is going to miss his baby being born for someones opinion and because of what someone thinks. That is crap. Your opinion means jack to me. There is not a weight limit to go to court you are supposed to have proof and facts in order to send someone to jail. Why does the system think they can take any amount of time out of someones life for something they THINK and not prove? How am I supposed to explain to my children and his that he has to be gone away from us for a long time because someone THOUGHT he was still doing something wrong instead of proving it? That is only going to make are kids hate the system now and cause them to rebel against any and all authority and cause them to probably get in a lot of trouble themselves. So instead we are having to lie to our children to protect them from getting into more trouble later. If they see how crocked the system really is now at such a young age, it will only cause more problems later. But my brothers little girl is not even going to know who he is until she is nine to 12 months old. How is it fair that she has to suffer and go without her daddy for no logical reason at all? All I am asking is give him a drug test if it comes up dirty I will apologize to everyone for the things I have said, but when it comes up clean which it will let my brother come home where he belongs and leave him alone. He messes up seven months ago and has done everything he was told this whole time and this he what he gets. It makes know sense there are people who have done much worse than being caught with $10.00 worth of drugs and never env went to jail or even probation. My brother has never been in trouble before other than traffic tickets so how is this possible.
I am not asking anyone to feel sorry for him. Im just asking you to open your eyes and see what is right and wrong, what is fair and not. Most important what is fact and was it opinion? I was always taught in school that an opinion is only what one thinks and facts are PROOF. Please just help get my brother home where he belongs. I do not want him to miss the once in a lifetime chance of seeing his daughter being brought into the world for something he did not do. Thank you all even if all you did was read this it is more than some have done. They dont want to listen to any thing I have to say. Thank You Very Much!



Sincerely,
Kari Enevoldsen
The Helpless Sister