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Theresa's blog: "Thoughts"

created on 03/05/2007  |  http://fubar.com/thoughts/b61715

Is Finally Over!!!!

Most of you on here don't know, but this is exactly why my daughter is my hero. (I just copied and pasted from myspace so go with it LOL I didn't know about CT then!) Just a brief explanation before you read the novel below. I met a guy online that I talked to for over a year before he moved down from Wyoming to be with me and my daughter because we were so 'in love'. He was here for about 6 months before we got engaged. He went to school to become a truck driver and that's when things went to hell. He fucked up his knee and had surgery. About a month after that I realized I couldn't stand him and kicked him out. Labor Day of 2005 my daughter told my mom and I that he had molested her on 3 different occasions. The one date she could remember was Christmas Eve. What a sick fuck. October 1, 2005 - The person that hurt my daughter in a very unforgettable, unforgivable way was arrested yesterday. Hopefully the justice system will do it's job and he'll pay for what he did. Not to mention that today is my nephew's 8th birthday so my daughter will be spending the day with her dad and his family. It's a great day to be alive, what can I say?? I thank all of my friends for supporting me through this difficult time. October 10, 2005 - My daughter starts her therapy today (Thank God!!!!) to help her deal with the cruel hand fate dealt her. I hoped she'd never have to go through it (I did at 13) but alas....I let a jerk into my life who took advantage. Tomorrow (Tuesday) she goes to talk to the State Attorney and Prosecuting Attorney. To see what charges they can actually press. In Florida, as of September 1, 2005 (after her incident(s) unfortunately) it's an automatic life sentence. I know he won't get a life sentence but I hope they lock his sorry ass up for a long time for what he did to her. He's lucky his ass is stuck in Arkansas cuz not only does her biological dad want to kill him, but so do a lot of my redneck friends. Who knows.....they may get their chance yet. Again, thanks to all my great friends who have and who continue to help me through this difficult time. It's hard enough to go through the situation yourself, but when it's your child.....there's no worse feeling in the world. I'd rather die than to have her go through this. Once all is said and done, I'll let you all know what happened. For now, I'm under orders not to discuss what happened. Those who can know do, the rest of you will just have to wait. I love you all!!!! October 17, 2005 - Well my daughters visit with the state attorney went well. Apparantly the case is strong enough that they can do what they need to do. But then I found out that the state that's holding him, wating for Florida to come and get him, said if FL don't come get him by Wednesday they're letting him go. WTF????? There's no justice in that!!!! They let him go he's gonna run and never face what he's done. Although according to him my daughter's a liar and he would never do what she said he did. BS! My daughter wouldn't lie about something like this and he's done it before, just wasn't convicted and didn't tell me until it was too late. WTFE. October 29, 2005 - He's here in the county jail where his sorry arse belongs!!! Facing 3 first degree felonies for doing what he did and I pray to God he either takes a plea or drops dead lmao. He's pled not guilty which I know is a crock of chit! I did manage to file an injunction against him on behalf of my daughter on Thursday though, so hopefully he'll listen to that and stay away if he gets outta jail. They had set his bond at 7500.00 but as of last night it said bond amount was 0.00. Not sure what that's all about but hoping and PRAYING that it means they changed their minds about granting him bond. He has no ties here, he'd run as fast as he could u know? Plus my divorce will be final in 28 days! We went before the judge on Thursday and he said 30 days from then. So, we shall see. November 8, 2005 - Well I went to court yesterday for the 'final' hearing on the injunction against the other person. Man that was rough. It's the first time I've seen him since he left but we weren't allowed to speak with/to each other (thankfully). We had to keep our eyes to the front and speak only with the judge. It was granted (good until November 6, 2006) as he told the judge he had no problem reading and following the injunction because, "As soon as this is all over I'm leaving the state." If he's not out of jail yet, I can go back two weeks prior to that and have it extended. Big sigh of relif for me, and a great load off my shoulders. I know it's just a piece of paper and he can choose not to follow it, but he said he has no problem with it and will stay away and have no contact with us. I just feel better knowing I have a "legal" piece of paper telling him so. I REALLY wish I had been allowed to have a camera in there yesterday though. Just so Angelica could see him in his blue jumpsuit and handcuffs. I think that would be good for her. But, I told her about it and that was ok enough. The only bad part was the shirt and pants I wore yesterday were the same shade of blue!!! Not too long ago the county jail jumpsuits were orange so it was a bit of a surprise to see the blue lol. It's a Navy blue and actually a nice color, even on him. Despite everything, he does have beautiful blue eyes. lol. I do have a heart, just hate him for what he did to Angelica. Oh well, will write more later. November 22, 2005 - They held a bond hearing at 9:15 Monday morning for the person that hurt my daughter. Unfortunately the judge wasn't intelligent enough to realize the risk involved and granted him $15,000.00 bond. I'm still shocked. December 1, 2005 - I got my subpoena on Wednesday and called to verify with the State Attorney that all the info is correct, etc. My mom got hers yesterday, as the information that brought this on was revealed to both of us at the same time. So she called and verified her info too. I called today because my mom wanted to know if she or I could be in the courtroom with my daughter while she was giving her testimony and I wanted to know a little more about this deposition that we're waiting on. The trial is set to be called anytime between January 3, 2006 and January 13, 2006. They expect it to be continued a couple times. Especially since the deposition hasn't even happened. IF it even goes to trial, we won't be able to sit in the courtroom with her until we give our testimony. Typically they call her first and we can't be in there until after we're called. They can try to petition the court to allow them to go out of order but this particular defense attorney will more than likely object. The defense attorney hasn't even called the state attorney's office to schedule/coordinate the deposition so they are fairly certain the trial won't begin January 3rd. I will call back after the pre trial conference on December 16th for an update. As to whether the trial has been continued, etc. They also told me the deposition is basically a chance for the defense attorney to ask Angelica some questions. If it does go to trial, the State Attorney's office will take her through a court room and some fake questions, etc to help 'prepare' her. It just really bothers me that I can't be in there with her. I'm her mother, I want to protect her you know? I don't want the defense attorney to drill her or upset her, or whatever. It's going to be hard enough on her as it is you know? I mean My God she's only 9!!!!!!! I'll keep ya posted... December 12, 2005 - The pre-trial conference is on Friday and I'm HOPING that he'll be smart enough to just take a plea and not make my daughter go through a trial. She's strong enough she can handle it, but she's only 9 and shouldn't have to. Hell, she shouldn't have to be dealing with any of this!!!!! The nightmares the therapists warned me about have started, and she's really really scared to sleep at night. So of course, neither of us are sleeping well but it will get better. She thinks that by Christmas it will all be better, but I know not. The trial is set to begin after the first of the year and I'll have a better understanding of a time frame after Friday. Pray that he takes a plea and doesn't hurt her anymore than he already has. December 20, 2005 - Well, I finally remembered to call the state attorney today and get an update on the case. I've been keeping up with things online, but the information hasn't changed in nearly a month! So much for the computer age LMAO. Originally, the trial was set to begin January 3rd. Well, as I have stated before I didn't think it would actually begin that early as the defense attorney hasn't set up for a deposition yet. That's his chance to get my daughter's side of the story. Well, the pre-trial conference was Friday (December 16th) and I was hoping and praying he'd just take a deal and let it be. But of course not!!! He swears he didn't do it, of course!! My question is this...what the HELL would my 9 year old daughter know about this stuff????? Or ANY 9 year old for that matter! Needless to say, I believe her, my family believes her, her father believes her, the state attorneys office believes her, the Orlando Police Department and their detectives believe her, the Department Of Children And Families believes her (state law required they be involved) ....shall I go on???? So, we're going to trial....it's set to begin March 27th at 9:30 a.m. The stupid thing about all this is that they schedule like 20 cases for the same day and time, so you're basically "on-call" until they're actually ready to hear the case. Which is fine and dandy for him, because his ass is in jail, not going anywhere. But when it actually comes time, I'm going to have to leave work, pull her out of school and get to the courthouse, park, through security and to the courtroom. I just PRAY they give us more than an hours notice. I don't want to be held in contempt because traffic was bad you know???? I know they probably wouldn't hold me in contempt for being late, but still! I'm a mom, I worry about stuff like that. I also worry that despite everything, he's going to get off you know? I mean it's basically going to be a 9 year olds word against a 24 year olds. But I know them both and I sure as hell trust my 9 year old more than I trust the 24 year old, and that's just from experience. So keep us in your thoughts and prayers please. I'm still stressed out about not being in there while she's testifying. I know she's strong, but HE'S going to be there you know??? Where's the justice in that? February 16, 2006 - Ok well when I got home from work last night I had a message to call the State Attorneys office. Obviously they were closed cuz it was like 7 p.m., so I called this morning. The person I needed to speak to wasn't in the office so I left her a message and am just waiting on a call back now. The trial is set for March 27th so I'm hoping that it's in reference to the defense attorney doing the deposition. Basically getting Angelica's side of the story. I'm really scared that after all of this he'll still walk with out any sort of punishment or record. Granted he's been sitting in jail since September, but I at least want him to have a mark on his record, so to speak, indicating what the son of a bitch did to my little girl. I'm fully prepared to see him walk out of there a free man, no record, but it would piss me off to no end. I'm hoping and praying that justice will be served for my little girl. Ok well here it is, nearly 2 p.m., and the State Attorney finally called me back..... they finally set up our depositions.....March 14th! I'm glad, but at the same time I'm scared to death. This makes it real, there's no more saying to myself that this didn't really happen. My beautiful 9 year old daughter and I have to go talk to some complete strangers who are going to trip us up every way they can to prove his innocence. I know he's not innocent and I'll be damned if they're gonna use me and my girl to prove it. LOL I'll let you know how it goes! February 28, 2006 - Well, I received a card yesterday asking me to call the civil process server today. I did, and a deputy will be bringing the subpoena's for the deposition to me at work today. I'm glad to finally be getting them, and having to do the deposition, but at the same time I'm scared to death. I'll be glad to finally get some closure, but at the same time I'm scared that nothing will happen. I mean, obviously the state attorney has enough info, but my daughter is only 9 and the primary witness you know? I know I can't protect her forever, and I know that she's stronger than I think or even give her credit for, but I'm her mom and I worry. I know it will all be ok in the end, and I'm just overthinking it all......... Oh well, enough for now..I'm still a happy girl today! March 23, 2006 - OK so you know we gave our depositions last week and what a trip that was. Called the State Attorney today and we're on the trial docket for next week. I'm glad, but I'm also scared to death. We have 3 cases ahead of us so it may be pushed back but we'll know better on Monday. I'll keep ya posted!Thanks for all the encouragement and prayers. March 28, 2006 - OK so as of 9:30 Monday morning, we are on-call for this damn trial. We'll have 4-5 hours notice.... I talked to the state attorney's office today and was informed that since the defense lawyer waited so long to take Angelica's deposition that the freaking trial might just be delayed again!!!!!!!!!! I just want it over with already. We been playing this games since September you know??? So, they have until next Friday to continue the trial AGAIN or call us to show up for it. BUT the state attorney's office is working on putting together a plea bargain which I hope he'll be intelligent enough to take. If not, that's fine too. We'll do what we have to do and just pray that justice will be served. April 7, 2006 - Ok well it looks like it's been delayed AGAIN We're now on the docket for April 24th and the two weeks following that. I hope they do it soon as I'm tired of this waiting game. Only thing is that I'm having surgery of sorts on May 1st and knowing my luck that will be when they want us to show up. I just hope it's over soon.... April 12, 2006 - OK, it's official......... We go to trial May 1st. Don't know what to say so I guess that's it. April 27, 2006 - Ok well I called the state attorney today to verify about the trial on Monday and try and get an exact time. HA! What a joke that was!!!!!! We are on the docket for Monday but there are 2 or 3 trials in front of us, and barring any unforeseen circumstances, they won't need us until about 12:30 or 1, but she wasn't 110% positive. For all she knows, the other trials may run longer or whatever and we won't go until Tuesday. God I hope not.... She said she should know for sure on Monday morning. The stress of not knowing and waiting is killing me. I feel like I've been a total bitch to everyone, and I'm sorry about that. It just gets to be too much and there's been so much other shit going wrong I just don't know what to do. Just remember that I have always, and will always love you guys. Thanks for your support and understanding and I'll let you know more as soon as I do. May 1, 2006 - Well it looks like today's the day. Haven't heard for sure yet, but last I knew we'd be going to trial today. I'm all sorts of things right now......nervous, scared, pissed off, stressed, confused, restless, sick, tired cuz I can't sleep and ready for this whole nightmare to be over. Just waiting on the call from the State Attorney telling us when to be there. Thank you all for your support and I'll let you know the outcome as soon as I do....... Yeah well that was a joke LOL Thanks to the immigration rally going on across the country, basically all of downtown Orlando was shut down today which, of course, is where the court house is. Hopefully we'll go tomorrow but I don't know. I haven't heard back from teh state attorney and don't want to call again. ........... Man what a pain this is. I just want it over already. May 3, 2006 - Ok, here's the latest........ I called the State Attorney this morning for an update on when we might actually be going to trial. She finally called back and informed me that they were actually in court this morning trying to resolve the case without having to go to trial. I'm all for that, as I'd rather not have to have my little girl get up there in front of him and tell her story. But not under his terms. He actually thought I would agree to him pleading to a felony assault, 5 years maximum, for what he did to my little girl. I said absolutely not! No way in hell will I agree to that considering what he did. Yes, it could have been worse, but it was bad enough. There is no way I'll agree to that. SO it looks like we're going to trial. His attorney is trying to postpone it until tomorrow because he just finished a trial yesterday. If the judge agrees, that's fine with me. Yes, I'd rather have it done today, but tomorrow will be soon enough. I'll let you all know how it turns out. May 4, 2006 - Ok well we all gave our testimony today and go back to court in the morning for the verdict. All I can do at this point is hope and pray the jury realized how honest my little girl was and what a liar he is. Will let you know as soon as I do. May 5, 2006 - Well, at around 11 this morning, we were called back into the courtroom as the jury had reached a verdict. (We'd been there since 9) I was, of course, expecting the worst as that's what I had been prepared for. With some of the questions the jury asked, I just didn't think we had a snowball's chance in hell of this turning out in our favor. My mom and I had been outside, having a cigarette and just felt that it was time to get back up there. No sooner did we get off the elevator, the state attorney advocate said, there you are! I've been trying to call you but don't have your cell phone number. DUH I thought she did. But the jury had come back and asked for an explanation of all the lesser charges they could have found him guilty on so I thought for sure, we lost the big fight. But for some strange reason, I had this overwhelming sense of peace. That everything would be ok, no matter what they decided. I taught my daughter to stand up for what she believes in, even if you lose in the end. Hell of a lesson to teach a 9 year old don't you think? So, the jury comes back in and they all had blank expressions on their faces. Of course, my heart went to my toes! I always assume the worst LOL They said they had reached a unanimous verdict and handed it off to the deputy to give to the judge. Just like on TV, so say you one, so say you all? They all said yes. Judge Munyon then handed the verdict to the court reporter and asked her to read it aloud. I was on the edge of my seat, expecting not guilty..... So the reporter started, In the case of The State of Florida versus Michael Joseph Fornaro Jr., we the jury find the defendant GUILTY of the charge of Lewd and lascivious molestation of a child under the age of 12. I cried, he didn't flinch, and about 6 more deputies entered the courtroom for a total of about 12. It took me a second to realize that I had, indeed heard right. Judge Munyon did ask each juror if that was their true and correct verdict and each said yes. She then thanked them for their time and told them they would receive a work excuse and to go back to the jury room, but they were dismissed at that time. I wanted to hug each and every one of them. Judge Munyon said, Mr. Fornaro, a jury of your peers has found you guilty of the above mentioned charges. Any bond you had been granted before is now revoked and you will return to the county jail until sentencing upon which time you will be sent to Prison. Music to my ears!!!! I just wanted to scream out THANK YOU for believing my little girl. Instead, we were escorted out of the court room and the door was locked behind us. Then I got the details from the state attorney who was actually tearing up as he was talking to us. He's looking at 15 years maximum, he'll have to register as a sex offender, and will not be allowed to have contact with myself or my daughter, nor ANY child under the age of 18. In the end, justice prevailed and the "torture box" as Angelica called it, was well worth it. I'm happy that he was convicted, but sad that it happened. At least by Angelica standing up, and enduring an hour and a half of questioning, it can't happen to another child. Not by him anyways. Sentencing is June 19th.....will let you know how that turns out. June 19, 2006 - Sentencing OK guys, wish me luck! Today at 11:30 we go back to the courthouse for sentencing! See how long he's gonna serve and where. I'm nervous AND excited at the same time. Weird huh? LOL but then again that's just me so yea. It works...... Been sick too so I'm finally starting to come back online. Missed you guys! *******************UPDATE******************** Just got home from the courthouse.......10 years in prison and 10 years probation. Plus restitution and all sorts of stipulations. I'm so happy I don't know what to say. LOL Justice was indeed served and the judge saw right through his lies yet again. We are truly blessed. I'm still laughing about his statement before sentencing.....he said that during our relationship, all he ever tried to do was love us and that he would never have intentionally hurt either of us. The detective that investigated the case was sitting behind my mom and i and scooched up on the bench about then in case he had to hold one of us back. Would have been me if my mom hadn't been holding my hand so damn tight......... ****************GREATEST UPDATE****************** HE IS FINALLY IN PRISON!!!!!!!!!!!!! He'll be spending the next 9 years and some odd months at the Polk Correctional Institute. It's finally over. June 23, 2006 - I am so fucking happy today! Not only did we get the sentencing results on Monday, 10 years in prison and 10 years probation, but today I had to go back to court with my ex-hubby cuz he was trying to reduce the child support payments by half. He 'misunderstood' what he was told and read cuz of a medical condition. WTFE Well, the Judge took a look at our marriage settlement agreement, which CLEARLY states the amount of child support to be paid, that Doug signed, even though he didn't understand it (bullshit), and said, if you didn't understand it when you signed it, shame on you. Not to mention the fact that he had 30 days to contest it and never did. That was brought up by the judge as well. So, the motion for reduction was denied without prejudice. August 22, 2006 - Angelica and I are FINALLY graduating from counseling on Monday!!!! We're both ready and I'm so happy. It's been a hell of a year but we made it through and we're both stronger, better people for it. Thank you, from the bottom of my heart, to all of you who have stood beside us since day one. Thanks to those who came in after the fact and still stood beside us. If it wasn't for all of you, I don't think I could have made it this far. October 2, 2006 - Got a letter from the Attorney General yesterday that they are reopening the case against Mike. All because he filed an appeal. I know it's his right to do so, but what about Angelica's rights? She's already suffered through enough hell and doesn't need to go through it again. Hopefully the conviction will be upheld, and I'm sure it will be as everything was done by the book and the judge was very sure of that. It's just frustrating. You finally think you can close what may be the worst chapter in your life and start to move on, and BAM it's forced back open and all the feelings you thought you had dealt with and learned to cope with come crashing down on you again. As of right now we're not sure what the grounds for the appeal are other than it's his right to appeal. The Attorney General won't know until Mike's public pretender drafts the appeal. Then the Attorney General will have their say. If it comes down to arguing it in the Appellate court, they will let me know and I can be there. Shitty part is I can't speak to the panel of 3 judges and they don't announce their decision at the end of the arguements. Yesterday (March 14, 2007) was the best part, I got a letter from the Attorney General's office today stating, and I quote, "Concerning the case in which your family member was a victim, we are pleased to inform you that the District Court Of Appeal has affirmed the defendent's conviction and sentence. This means that the conviction stands and the defendant is to serve the sentence originally imposed by the trial court." That's the important part. In other words, the fucker has to serve his 10 years in prison and 10 years on probation for hurting my little angel.
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