So Homeless Guy #1 is finally out of jail. For how long, I have no idea.
I gleaned a fairly good idea that his release was in the offing when I phoned the court last week to find out whether his case was on the docket for his scheduled trial. No, the clerk told me, the judge had granted a motion to continue the trial due to the unavailability of witnesses. I then asked whether the court had heard the motion in limine that had appeared on the calendar the day before. The clerk didn’t know, but informed me that #1 had a whole string of motions set for hearing that afternoon, one of which was a motion for ankle bracelet monitoring.
That told me he was coming home. But to what? How do you parole a defendant to house arrest when he has no house to go to?
In this case, I suppose the court either didn’t know or didn’t care, as #1 had provided his mother’s address as his own. He forgot to mention that his mother won’t let him in the house. Oops.
Well, you know what? I wouldn’t mention that fact either if I knew it might stand between me and (relative) freedom after being locked up in the pokey for three months straight. Sleeping under the stars has to be a whole lot better than sleeping in a jail cell.
Homeless Guy #1 used to pitch a tent on the grass near the back edge of his mother’s property. He had a sleeping bag, a Coleman stove and all sorts of stuff. I have no idea what happened to his worldly chattels during his recent period of incarceration.
Given the circumstances, my hope was that perhaps his mother would give him a second (or 97th) chance and allow him under her roof. I hear that a small pile of blankets has been seen out on the rear section of his mother’s lawn. So much for that idea.
My guess is that house arrest doesn’t mean he actually has to stay in the house, just that he’ll be on the property. Then again, it must not even mean that, as #1 has been seen wandering about the area.
A few days ago, as my wife and I prepared to head out the door at 6:45 in the morning, Pastor Mom got out of bed and started talking about how she should handle the situation. The church is located just the other side of the fence from the verdant spot where #1 makes his bed in the great outdoors. We knew he’d be showing up at the door of the parsonage. And then what?
Pastor Mom told us that she had been praying about this and that what came to her was “innocent until proven guilty.” I rankled at the very thought. The man has been charged with a violent sex crime! Yes, I believe in the American justice system, but I also see its imperfections. Homeless Guy #1 is out on the street not because he’s innocent (although he may be), but due to the serendipitous intersection of a successfully argued motion and the jail overcrowding situation that we are currently experiencing here in California.
Sure, I like to think that he didn’t do it. Homeless, mentally challenged people are easy targets for everyone, those who would like to take advantage of them as well as those who are charged with protecting them. But what if he actually did commit this crime?
It’s possible that #1 will ultimately be acquitted due to lack of evidence, particularly if the district attorney fails to bring his witness back here from out of state. My support of our justice system is not because I have confidence in its ability to distinguish guilt from innocence, but because it’s the best we’ve got. I’ve yet to read about any superior system of justice. The truth in this case is known only by God and the parties involved. And I’m not so sure about the parties involved, considering that both of them have severe mental challenges. I am not convinced that even they fully understand what did or did not happen. After all, the allegations were made by a third party, not by the alleged victim. I believe it is entirely possible that #1 may be convicted of a crime he did not commit or acquitted of a crime he did.
One thing we decided for sure is that #1 will not be permitted to enter our residence when our little grandniece is present. That’s a risk we are not prepared to take. Pastor Mom’s concern was about what we will do when he shows up at the door asking for food, coffee, water or ministry.
To me, it’s not about “innocent until proven guilty.” We will never know what really happened. In my humble opinion, however, it doesn’t matter. When a homeless person is hungry, lonely or in need of spiritual guidance, I believe it is our duty to provide for his needs regardless of the sins of his past, present or future. I’m pretty sure Pastor Mom would agree.
On Friday evening, I arrived home from work exhausted from the week, and walked through the door dragging my lunch bag behind me by its handle. Lo and behold, there was Homeless Guy #1, relaxing in our living room. He greeted me immediately and asked how my new job is going. “Tiring,” I replied, “very tiring.”
As I headed into the kitchen to unpack the remains of my lunch, it occurred to me that #1’s misfortune could happen to any of us. You never know what you could end up involved with. Anyone can make a stupid mistake and end up in jail. Anyone can find himself or herself in the wrong place at the wrong time. Anyone can make a series of bad decisions or suffer a run of bad luck and end up homeless. There, but for the grace of God, go I.
That homeless guy in your living room could be me.