Guilty with an Explanation

In general district court, which differs from waiver court (about which I have written previously), every day starts with the call of the calendar. In general district court, there is one of four acceptable responses, when answering calendar call, as I explain in my opening announcement every day. If a defendant has an attorney, he or she should respond, "attorney." If a defendant wishes to have his or her case continued, then he or she should respond, "continuance." Following suit, if a defendant wishes to have his or her case heard that day and wishes to plead guilty to the charges, then the defendant should respond, "guilty." Inevitably, there is always one defendant who responds, "Guilty, with an explanation." It is so common, that it is almost its own separate response to the question, "How do you plead.?" Normally, I just thank the defendant, for his or her response (it should be noted that I also thank the defendants who plead not guilty), and I move right along. Normally, such a response does not cause any further delay.

Yesterday, however, was a different matter.

The incident occurred during first appearances. First appearances, like the bond motions (about which I have previously written) also take place over various monitors. The judge instructs the defendant of his charges and what the maximum sentence the defendant could receive if convicted of those charges. Sometimes, defendants wish to go ahead a plead guilty, especially if they have been in jail because they couldn't make bond.

Judge: What is your name?
Defendant: Ja-ja-ja-ja-John Da-da-da-da-da-Doe.

Judge: You have been charged with misdeamonor larceny, which carries a maximum sentence of 120 days. What would you like to do about an attorney--hire your own, ask for court appointed counsel, or represent yourself?
Defendant: Ya-ya-ya-ya-Your Huh-huh-huh-huh-Honor? I-i-i-i-i-I ha-ha-ha-have a-a-a-a spa-spa-spa-speech imped-ped-ped-impediment?

Judge: Okay. What would you like to do with an attorney?

At this point, a representative from pretrial services whispered to me that the defendant wanted to go ahead and plead guilty. So, I decided to try to speed this matter along, and I interrupted.

Me: Your Honor, it is my understanding that the defendant would like to plead guilty today, and, if that is true, the State would agree to take his guilty plea.

Judge: Thank you. Mr. Doe, do you want to represent yourself, then?
Defendant: Ya-ya-ya-Yes.
Judge: Then sign the form that the bailiff is handing you, and box two should be checked indicating that you wish to represent yourself. [Defendant signs the form.] Madame, DA?

Me: Mr. Doe, how do you plead to one count of stealing one can of beer from Coverleaf Grocery store?
Defendant: Ga-ga-ga-Guilty wa-wa-wa-with an-an-an-an explana-na-na-tion.

At this point, I turn to another attorney sitting next to me and say, "Of course it would have to be guilty with an explanation." For the next ten minutes, the defendant attempted to explain what happened and tried to speak of his bond. At this point, it is about 1:15, and lunch was supposed to be 45 minutes prior. Being that I was very hungry and my patience had come low, I interrupted the defendant and stated, "Your Honor, the State does not object to time served."

At this point the defendant stopped speaking and smiled, and the judge said, "So ordered."