HELP MY BROTHER IS CHARGED W/ MURDER & NOTHING SEEMS TO BE RIGHT!!!

[pr1nsessj]

What is the name of your state?Indiana
My step-brother was arrested and charged w/ child neglect,battery and murder in the death of his 2 month old son.At the time he was arrested he was intent on taking the fall for the mother of the child and numerous people overheard at the hospital him telling the child's mother not to worry that if people were suspicious he would take the fall.Now he has come to his senses and admitted he was covering for her.The child's mother and maternal grandfather who was also present still have not been charged w/ anything.On the night he was arrested Nov.18th he was questioned and asked to sign a statement saying he did this to his son but without malice--this was all without a lawyer present.He did sign the statement.He then did not see a judge until Nov.23rd and before seeing the judge was asked to sign some kind of release saying it was ok to extend the time it would take to see a judge.He DID NOT sign it!! What I need is 2 things.The first is a lawyer for him.He does have a public defender but this guy doesn't seem to know what he is doing.My family cannot afford an attorney at this time.We need to find a lawyer who may be interested in taking his case pro bono or at a greatly reduced rate.If you know anyone who may even be remotely interested we would be grateful.The second is I need to know if from the time he was arrested to the time he saw the judge is within the legal limits and if not can his statement from the day of arrest be thrown out because of it? arrest date is Nov. 18th day he appeared in front of judge is Nov. 23rd. Thank you for taking the time to look at my questions. If you can be of ANY assistance even if it is to tell me what to do or to point me in a general direction I would greatly appreciate it!!

 

[stephenk]

"He does have a public defender but this guy doesn't seem to know what he is doing."

How do you know? the PD would only be dealing with your step-brother, not with you.

It is very difficult to defend someone who initially confesses and then tries to retract his confession. Unless he can show he was under duress or coerced into confessing, he may be out of luck. If the evidence does not point to him, that may be an out. how old is he? Was mom the person who killed the boy? How did he die?

 

[pr1nsessj]

Answers

Q:how old is he?
A:19
Q:how did the baby die?
A:Though the autopsy is STILL not complete and the child HAS been buried-the reports say that the infant died from blunt force trauma to the head and shaken baby syndrome.
Q:was mom one who killed the boy?
A:everything when speaking to professionals- doctors, outside detectives, nurses and such say that it takes 3-4 days to die from shaken baby that most bruises found on the infant are old bruises My step-brother was not present at the time these things occured,and there is proof of that.
There are also many other things that point to the mother or maternal grandfather.He has said it was the mother, but is also speculated the maternal grandfather may have had a part in it also.The mother of the child is 16 and probably from my observations suffering from post-pardom depression-she grew up w/o a mother herself and has never been around children.On the other hand my step-brother loves children and has babysat children of all ages from the age of 14.He has a list of people that are ready to speak on his behalf.There are many witneses that saw the child when he would pick the baby up for the weekends and upon return to the father had many bruises and cuts. So in short pretty much everything points to the mother commiting the murder and I really do not see him as doing something like that.I will say that he is guilty of child neglect for not reporting the crime the mother of the child commited towards her son which ultimately resulted in the child's death but murder and battery he did not commit.
Q:how do you know that the P.D. isn't doing his job?
A:I know because my step-father and I are in constant contact with this man.One example of his incompetentcy is that this man was to hunt down numerous records (which isn't that hard with today's technology) and what he never accomplished in a month's time I sat down at the computer and accomplished in 4 hours. He seems unable to obtain any information from anything for whatever his excuse is that day! Also He would rather try and get him off on insanity rather than doing the research and work to prove his innocence!! My step-brother may have been slightly slow in school but he is not insane and no one should plead guilty for ANY bargain if they did not do it!!!!

Let me add one more thing my mother has only been with his father for a little over a year and I am not close to this young man at all.He is somewhat a shy person and I can be too so our interactions are extremely limited up until this point.It is this very unfortunate event which has drawn me too get to know him.So be informed that there is little to none emotional attachment to this.

 

[Jake_K]

How do you know? the PD would only be dealing with your step-brother, not with you.

Don't be so quick to discount possibilities. PD's are often fresh out of school and are still inexperienced. We, the members on this board, believe in looking at all the facts before quickly giving an answer.

 

[pr1nsessj]

Ok so don't discount the P.D but I still need an answer to the question...... Is the time from when he was arrested to the time he was put in front of a judge within the legal time frame? (NOV.18th to NOV.23rd) If not does this mean the statement he gave on the day of his arrest is inadmisible in court or what exactly DOES it mean??????????????????

One more thing this guy is NOT freshly out of school in fact he has been a lawyer/public defender for many years.**

I would also like to add that this is a 1 horse town with 1 detective and only a handful of inexperienced officers!! This is the first homicide case in about 20 years....no one in this town really has the experience to deal with a case of this magnitude but they refuse to give jurisdiction to the county in which the child died (which is much more capable.)

 

[rmet4nzkx]

Insanity may in fact be a viable defense, it would explain how in his grief that he made the confession against his better judgement and without benefit of counsel, to protect the young inexperienced mother possibly suffering from PPD. There may be technical grounds as well but there may be a need to cover all bases. Is your brother DD or have AS? If so, that may be a part of his defense. If the autopsy shows the injuries occured several days earlier then that may help your brother as well. I'm sorry for your family's loss.

 

[pr1nsessj]

Insanity may in fact be a viable defense, it would explain how in his grief that he made the confession against his better judgement and without benefit of counsel, to protect the young inexperienced mother possibly suffering from PPD. There may be technical grounds as well but there may be a need to cover all bases. Is your brother DD or have AS? If so, that may be a part of his defense. If the autopsy shows the injuries occured several days earlier then that may help your brother as well. I'm sorry for your family's loss.

Thank you very much you probably are right about the insanity thing being his best out from the initial statement. Do you mean attention deficit disorder when you say dd or as? He has been treated for depression,suicidal tendencies and ADD from a very young age and was also born to an alcoholic and drug addicted mother.
My concern is this.........I have seen many many people go to prison because they could not afford an attorney even though they had a court appointed one when all could have been avoided by hiring an attorney.I have seen too many side by side comparisons of people with similar cases where the one with the bought attorney gets off with probation and the one w/ the P.D gets time. I have even seen the one w/ the P.D. having a lesser crime then the the 1 w/ the paid, and still get TIME!!!

and thank you for the condolences.