BILLINGS (AP) -- A Texas truck driver sat in the Yellowstone County jail for four months, his case forgotten and, because of a slip-up on paperwork, no public defender assigned as he had requested.
After his arrest on Oct. 9 for misdemeanor DUI, Douglas Martin figured someone was working on his case. The Dallas man says he never thought to ask why a court-appointed attorney didn't come to see him at the jail.
"I told them I wanted (a public defender), what more am I supposed to do?" Martin told the Billings Gazette, which reported his plight Saturday. "I'm a prisoner. They had the paperwork. I didn't know nothing else to do but just sit there and wait."
As Martin found out later, no one was working on his case. In fact, Martin's case wasn't even known about until Feb. 13, the day before his trial date.
But instead of a trial, Martin received notice that prosecutors had dropped the charge filed against him. After four months in jail, Martin was set free. With no money and no way to return to Dallas, Martin found shelter at the Montana Rescue Mission and is looking for work.
"How am I supposed to feel?" Martin said. "I've lost four months, my job, all my belongings. It's cold up here and I don't know nobody. I need some justice here."
Martin lost his job with CRST International, a trucking firm based in Cedar Rapids, Iowa, the day of his arrest in Billings, said Bob Freeman, the company's human resources manager.
Court officials said they have never heard of a case like Martin's.
Justice of the Peace Pedro Hernandez said that when a defendant pleads not guilty during a video arraignment, the jail guards are told to give the defendant a financial disclosure form. The defendant is to fill out the form, which is also used to officially appoint the public defenders office, and return it to the jail staff.
The form is then sent to the judge to sign before the case is assigned to the public defenders office.
Martin said he never got the form.
"It's just bizarre," said County Attorney Dennis Paxinos.
Paxinos said his office decided to drop the DUI charge because even if prosecutors had won a conviction, it's unlikely Martin would have spent any more time in jail, he said.
Martin's situation came to light when a deputy prosecutor noticed on Feb. 13 that it was set for trial the next day. The prosecutor immediately filed a motion to drop the charge.
Posted in News on Saturday, February 22, 2003 11:00 pm Updated: 11:35 pm.
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