Showing posts from September, 2013

The Straight Dope on Restitution

OVERRULED! State v. DeMello (ICA August 27, 2013) Background. Lawrence DeMello was charged with harassment and simple trespass. At trial, Alex Kelekoma testified that he was married to Carleen Kelekoma. His ex-wife, Cherilyn Kelekoma, lived with her boyfriend, DeMello. One day there was a dispute over picking up Alex’s son between the couples. Alex called DeMello to talk about it. DeMello was argumentative, but calm. Carleen took the phone and started talking to DeMello, and according to Carleen, DeMello hung up on her. Then Cherilyn called and Carleen answered the phone. Carleen said to her that she didn’t do anything to him. A few minutes later, Alex saw DeMello in front of his house. Alex went outside, DeMello hopped the gate. Alex testified that DeMello approached Carleen and was very aggressive. Cherilyn showed up and approached Carleen. It looked to Alex like Cherilyn was going to attack Carleen so he got in between the women. Cherilyn was still trying to go for Carleen and