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Arrests, Searches, Warrants & Procedure : Includes Right to Counsel, Fifth Amendment Rights, Right to Trial by Jury, etc.
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  #1  
Old 11-23-2005, 01:14 PM
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police Valdosta


What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state?What is the name of your state? Georgia

A policeman is dispatched to a residence concerning a 911 hang-up, upon approaching the home the policeman alleges witnessing a male run from the livingroom towards the back of the house, enter the kitchen, while a woman stands along the hallway wall. The male searches draws in the kitchen then returns to the woman standing along the hallway wall. grabbs her in her lower chest, then grabbs her by the throat, waves his hand in the air above her, for a short while and then proceeds to exit through the front door, at which time the policeman stops the man, charges him with battery.

Problem: The policeman takes written statements from the alleged victim, and another adult witness at the residence after placing the man into the patrol car at that time. The second witness, "the victim's 23 year old son", their statement does not collaborate the officer's account in no small way. The son does make 2 statements, one says he opened his door to find his mother backing back (not standing along a hallway wall, being choked and what have you), the other statement: he says I saw him press my mom against the wall, remember the woman has already told us "he left to gather items when my son answered the call back, therefore he could not have witness any pressin action as stated in his second statement, also remember the woman states on the witness stand her husband had indeed left her side when her son answered the phone and she had to GO and pursue him, also the day of the trial the woman admits, UNSOLICITED to the husband's court appointed attorney "he never choked me" just before she tooked the stand in the courtroom.

It concerns me that 3 people at the same table come up with 3 versions of the same space and time, especially one who makes a living completing, and corroborating facts, and statements on point.

The mother says in her written statements One: he left me when my son picked up the phone. Two: her following, On the stand testimony...

A trial follows, the alleged victim's son does not take the stand, however the officer does, and ofcourse the woman follows. thus statements, and testimonies of those involved does not verify any such actions happened as stated by the officer, remember the District Attorney has told the judge that their victim has cooperated fully with their office for the pass several months leading up to the trial thus still she is unable to affirm the officer's account doing the months leading to the trail even with the District Attorney's constant editing and coaching, when the woman takes the stand it becomes obvious it was she attacking her husband as he was trying to gather his keys and checkbooks and wait for the police outside the home.

The woman, on the stand, tells the jury " her and her husband got into an shouting match in the couple's bedroom in the bathroom(masterbath), where it would have been impossible for anyone to witness an attack on her person, there he took a cell phone from her, waved it over her head as if to hit her, she alleges, she alleges kicking him back, she then found the house phone and dialed 911 he tried to grab the phone, and ofcourse hang up, she goes on to testify the phone rang back, her son answered the phone, at that time the husband exit the couple's bedroom and started gathering his keys and checkbooks, she then says she left the bedroom and went after her husband, she says as she left her room she snatched the phone from her son and began screaming (as if a husband whom had left her to gather items, was there attacking her) she continues the conversation with the 911 operator, giving the operator a play by play account of the actions going on within her home at that time, never does she relay to the 911 dispatcher being grabbed by her chest or throat she does however share with the operator that her husband is trying to exit the home.

She goes on to say it was her who pursued her husband, or as she alleges, she was trying to stop him from taking her and her son's checkbooks, she tells the jury that her husband had his back to her as she tried to stop him from leaving, she held on to his shirt, she was being pulled towards the front door like a small child riding their dad's back, it becomes obvious to the jury that the man never moves from the front room, and searches the kitchen draws as a defenseless woman stands alone on the hallway wall, waiting to be attacked, as overtly stated by the officer, in fact according to the woman's testimony on the stand, it is she who enters the kitchen and assails the man, and not he coming out of the kitchen after her, as she stands powerless waiting to be overwhelmed as the officer declared, she also affirms he has his back to her throughout most, if not all of this process. The woman's testimony carries us from the bedroom to the front door where the police now take the man in hand, remember she is yet in contact with the 911 operator which add a degree of truth to the fact, she was never grabbed and choked along the hallway wall as overtly stated by the officer, she does in fact tell the operator ' he's BACKING me into a corner" (and even here never does she say he has his hands on my person) at some part of their conversation, its the only time she makes a reference that he is allegedly being aggressive towards her, the 911 tape is never entered into the trial process, and ofcourse they render a not-guilty verdict.

Consider the officer made 2 different statements, one for the charge of Felony Stalking, and one for the Battery concerning the same action of course the felony stalking was dropped as the man and woman had a legal right to live with eachother,and a new statement written in reference to the battary charge, and the state presued the lesser without success it is clear, and without doubt that the officer concocted his whole statement, the lie failed, and the accused found to be not guilty of such actions as charged...

What civil actions can be taken if any concerning the case??

How long does one have to take civil actions, in the state of Georgia if such is the case???
  #2  
Old 11-23-2005, 01:20 PM
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  #3  
Old 11-23-2005, 01:54 PM
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Quote:
Originally Posted by rice000
What civil actions can be taken if any concerning the case??
Against whom? By whom? And for what?

Anyone can sue anyone else for almost any reason. There must be valid grounds to actually get anywhere, however. And the statute of limitations depends on who is going to be sued and why.

Witnesses can be challenged in court and even present contrary testimony without there being any grounds for a civil suit. If the husband wants to sue the wife for falsely accusing him, okay - he can try. But the chances of him succeeding are slim (at least based on what you have here).

And I don't see that it's obvious that the officer "concocted" anything. That the witness testimony was different at trial than in the report is not proof of any intentional lie. And your post is a little too disjointed for me to understand exactly what you are accusing the officer of.

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  #4  
Old 11-23-2005, 02:27 PM
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It sounds like the jury concluded the officer was telling the truth, and the wife was covering for her husband. If that's the case, there is no cause of action against anyone.
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