false confession

[R_B_H]

Sry if this gets to long, just trying to give all the important facts as I can.

I live in maine and have lived here most of my life. I am 47 and have never been in trouble for anything, I even have 20+yrs with no traffic or parking tickets, but back in march of 2005, my stepdaughter who was temporaly in the state of Mo, with her real father (she went down in nov. of 2005) just before she was due back myself and my 2 adopted boys age 12 and 13 (the boys and the girl were my wifes kids and I adopted the boys) were being accused of "touching" her

when the detective came to "interview" me and my wife it became to me and my wife to be an interagation, I was the only one being questioned. every time I answered no I was getting from the det. " I know your lying, I know your guilty, I know your hiding something all in one sentence and while pointing at me, and sounding irratated, and even shouting a little, and PO'd.he said this every time I answered no.

he made promises of the judge going easy on me if I confessed, and along with promises of low enough bail to be home that night. he did not read me my rights at my home but did take me in his patrol car to his office where by then he had me so peterified to go against him that I falsly confessed to things I didn't do on video and audio. and of course he was professional on the tape. I have always had a problem with being easily intimitated and had never had it get me into this much trouble till now.

he and a social services case worker had questioned my boys the same way without my wife and I there, but we found out later that he (the det) handled their questioning the same way. they were charged with the same charges as myself, which from my false confession my charges went to 2 charges, a class A and a class C felony. my boys were tried and convicted for probally false confessions as well, they got a simple assault with 1 yr probation

my lawyer (court appointed) keeps telling me I need to take a deal which is 10 yrs all but 4 suspended, 10 yrs probation, and a life time registry.

Anytime I have tried to talk with my lawyer and tell him about the "stuff" the det said to me and my childhood intimidation problem, and bringing in expert witnesses, the det written transcripts differ on the facts etc. he just keeps saying a jury will never believe that I was lying on the tape, and that the DA will never allow the expert witnesses, and that it dosen't matter aabout the det's differing reports, etc.

I really can't take a plea and plead out to something this serious and have the rest of my life ruined, because my lawyer keeps telling me this. ( I have already lost my family and my home over this, along with losing my grandmother and my aunt to cancer all in 1 yr. phew.

If convicted I could get up to 30 yrs. but have been told I would maybe get 8 outa ten. Oh yea and the DA says I am a dangerous predator, even though I have no criminal background at all, and I have been out of jail on $10,000 bail and have not been in trouble at all still !!!

I really don't know at this time what to do, I have a suppression hearing on the 13th and jury selection on the 14th of this month, with the same plea on the table.

I have already explored ways to get another attorney but I have no money I am a seasonal truck driver, so I am "stuck" with the one I have. but he just wants to plead me out.

I am not guilty of this and don't deserve a life time punishment for somthing I didn't do. I really feel this is a railroad job and I am the mail bag on a hook.

 

[Kane]

You should go to trial, and explain what happened to the jury.

With your confession, and the girl's testimony, you'll probably be convicted, but you need to stand by your principles.

Do you know if the boys are going to testify against you?

 

[LawGirl10]

Get a new attorney.

 

[R_B_H]

thanks for responding !
about the boys not sure, but possibly, but they also are in states custody and all 3 are ad/hd and have always had a big problem with lying, and even the state social services have even admitted to my wife that they have 1st hand experience with their lying so much, at school, and at the group home where they live, u can catch em red handed at something and they will lie right to your face. my wife and I know that 1st hand too.

my lawyer and I have seen a taped interview of the girl, and he says she makes a poor witness, just getting the jury to believe me that I was intimidated and unwilling to give a "confession" is gonna be the hardest thing to beat. I am hoping that we can suppress the "confession". my attorney is good buddies with the judge so that won't help things.

getting another attorney is not an option as I explained before. every path I have taken to find another one here in maine that works pro bono and or will take payments for this kinda case is very rare and ends up still with court appointed, and I am running outa time.
my current attorney has done nothing but continue these 2 hearings since around may 05, buuut my attorney hates that detective.

 

[Two Bit]

What happened after you confessed at the station? Were you immediatly arrested or were you allowed to leave?

 

[goodgrief]

Does/Did your wife believe the accusations? How old is the daughter?

 

[R_B_H]

my wife believes I didn't do anything, we have been married 10 yrs. but the state (dhs) has made me move out so she has my place. the daughter is 11 now, and still in Mo.

I was placed under arrest as soon as I got to the station, and because I have never been through something like this I was in shock and still petrified so the rest was a whirl wind. again I was so afraid to change what I had said to him.

 

[outonbail]

It is certainly hard to believe that in this day and age, a 47 year old man would confess to such a heinous crime, if he in fact wasn’t guilty. It will indeed be very difficult, to convince a jury that the admission was made under duress.

I would imagine, that once you were at the station and on film, that you were read your Miranda rights. You also claim the detective changed his demeanor and became “professional” once the camera was rolling. This is where I’m having a hard time with your story and I imagine a jury will as well. Once you heard your rights and noticed the detective was no longer aggressively working you over for a confession, why didn’t you come to your senses and tell the truth?

Your claim that he, “sounded irritated” and was even “shouting a little”, during the interview at your home, doesn’t sound like something so threatening, that it would have intimidated a 47 year old adult into providing a false confession, to something so horrible, as is the molestation of an eleven year old child.

If true, you sure don’t want to end up in a prison where intimidation is a way of life, as well as a place where child molesters have a bounty placed on them. This problem your claiming, of being so easy to intimidate, has in effect, raised the stakes from a jail sentence to a death sentence if convicted. With this much at stake, you should seriously consider selling everything you own, borrowing every dime you can and finding yourself a highly qualified attorney.

I don’t know how the laws in your state apply to polygraph evidence, but perhaps you could take such a test if it will show you are truly innocent. I’m sure an attorney would advise against it (especially one who doesn’t believe your innocent) but it may be one of the only pieces of evidence which can support your claim of innocence.

The next most important step in the legal process, will be the picking of a jury for your trial. Don’t take that lightly. Hire an expert to assist your council in that process as it too can make a world of difference in the outcome of your case!

 

[R_B_H]

I know it is hard to believe, but my wife and my mom, along with friends that I have know most of my life do believe me, they all know how I am. but I know that won't be enough. I have been thinking of the worst that can happen and probally will happen if I can't get the "confession" thrown out. I have gotten people who don't know me very well to believe that I was intimidated. My memory of it,and at the time of the "offical" interragation when he was questioning me during the taping he was still being the same way, I have been to counsling since then to try and learn why I said what I did.
I have done a lot of research about false confessions, and have found hundreds of cases of it, even detailed confessions. one example that might be familar is the Central Park Jogger murder, where 5 men were brought in as suspects of varying intelligence levels, and ages, and ALL 5 confessed in detail to the murder, then an inmate confessed with details that only the cops knew about. so it does happen, but is, I know hard to prove, and in their case someone else confessed to being the soul perpretrator

I have asked several times about a polygraph, but my attorney says the DA won't go for it cause there is already a "confession", and I know that all party's have to agree to allowing it into evidence.

If I do the suppresion hearing and it goes bad, would I still be able to accept a plea before the jury selection? or am I comitted at that time? my attorney has said that the girls testimony is weak, and that without the "tape" he could beat it. thats why I want to at least do that hearing before making any kind of decision. but I know it don't look good.

also does the DA have the power to allow or not allow the defense to have wittness's or expert wittness's testify in a trial?
thanks again for all the responses on this.

 

[Kane]

If I do the suppresion hearing and it goes bad, would I still be able to accept a plea before the jury selection? or am I comitted at that time?

Plea bargains work the same way as other negotiations. The prosecutor can withdraw his offer at any time, up until the time you actually accept it.

my attorney has said that the girls testimony is weak, and that without the "tape" he could beat it. thats why I want to at least do that hearing before making any kind of decision. but I know it don't look good.

also does the DA have the power to allow or not allow the defense to have wittness's or expert wittness's testify in a trial?

You can call any witness you want who has direct knowlege of any of the facts of the case. If you want to call an expert witness, your defense attorney will have to "qualify" him as an expert before he can testify - meaning he'll have to prove that he's actually an expert, not just a schmuck with an opinion. All witnesses - defense as well as prosecution - are subject to the rules of evidence, which prohibit things like hearsay, and require that all testimony be relevant to the case.

 

[R_B_H]

ok thanks that is helpful.

my wife under pressure from dhs has forced her to do a divorce although she still hesitates still in filing them. can that be used against me? we both are wondering that. I have been told no, cause we were married during the time of the alleged events.

also they examined her and there is no physical evidence.

 

[outonbail]

ok thanks that is helpful.

my wife under pressure from dhs has forced her to do a divorce although she still hesitates still in filing them. can that be used against me? we both are wondering that. I have been told no, cause we were married during the time of the alleged events.

also they examined her and there is no physical evidence.

OK, now the pile is getting a little to thick to avoid stepping in it. I don't understand this last post at all.

If you are truly innocent and your wife believes this, how could anyone talk her into filing for divorce? Talk about rubbing salt into the wound,,,,

This doesn't make any sense at all and YES, I imagine it could have a drastic effect on the outcome of your trial. It certainly can't look very good to a jury when they discover that your own wife has filed for divorce as a result of the alleged child molestion.

If she doesn't believe in you enough to stand behind you, how could you expect anyone else to?

Something stinks about this whole situation,,,,,

 

[Kane]

If there's a CPS investigation, CPS will say the mother is not being "protective" unless she separates from the "abuser." They won't let her have the kids back until she demonstrates she doesn't want to be around him anymore.

RBH, if the jury finds out she divorced you, it will be up to them to decide how much weight that has. As Bail's post shows, many jurors will think it's significant.

 

[R_B_H]

If there's a CPS investigation, CPS will say the mother is not being "protective" unless she separates from the "abuser." They won't let her have the kids back until she demonstrates she doesn't want to be around him anymore.

RBH, if the jury finds out she divorced you, it will be up to them to decide how much weight that has. As Bail's post shows, many jurors will think it's significant.

yes Kane u are right and outonbail that is why I said she has been pressured about it, but she hasn't filed them yet although the state knows she has them, and she is keeping my last name, if that will help. we stayed together up till oct, she just wants the kids back and I know the kids want back too, but I also know how dhs can play her along too, they are famous for that here.
dhs was responsible for the death of a 5 yr old girl awhile back and she kept saying she wasn't being abused by her parents and she wasn't believed, then she was being abused by the foster mother that killed her and was not believed again.

I just hope that the jury has a few that have had bad dealings with dhs or cps.

I took a psyc eval and the expert who gave me the test said I don't show the signs of an offender. and recommended I get to see my boys, I haven't gotten to talk to or see them since march.

 

[calatty]

If the officer did not read you your rights and made promises about the judge going easy on you, then the confession was coerced and should be suppressed -- if you can prove it. If the prosecution has a tape of you confessing to molestation, then you should seriously consider the deal. After a trial, your sentence is likely to be much worse than what you are being offered now.