Seeking for advice on a Child molestation case

[jimji1005]

What is the name of your state (only U.S. law)? California LA county

Hi all. Been lurking this forum for quite some times now but first time posting.

This is regarding a very close friend of mine who I have known at work and outside for quite sometime. He has been in the process of getting a divorce. That was going pretty smoothly. Kids invovled. His relationship with the wife isn't so good but with his kids seemed ok.

So 2 months ago all of the sudden he gets a tip that his daughter claims that she was molested by him. So he decided to go to the police station to see whats going on, sure enough they booked him. 1.6m bail. He gets a public defender. The guy just wants him to plead guilty and get a reduced sentence. The prosecutor wants 16 years. No deal of course next court date coming up very fast.

So his situation is, don't have any money to afford an attorney, has to rely on the public defender which really isn't interested in helping at all.
As according to the information we were able to obtain, there is no physical evidence of molestation, it was just the statements made to the detective from his daughter.
Our entire company and list of friends do not believe a single word out out of the daughters mouth. We all know the guy for a very long time, our kids have played with their kids and ever has there been an issue.

So, is he pretty much done without any chance of getting this turned around or dismissed? Even thou there is no physical evidence? And with 20+ people who can vouch for his character?

Thanks for your input.

 

[CdwJava]

How old is the daughter?

How long ago did this supposedly happen?

Did the police do a SAIT or a forensic interview with the child?

While there may not be physical evidence, the case can still be made through other evidence and witness statements. It may not be easy, but the odds of a DA going to the mat with only the uncorroborated statements of a child is slim so I strongly suspect there is more to their case.

Also, the character witnesses are really not worth much at this point. Molestation is a secret crime and it is a myth that that people can somehow tell if a molester is a molester. They are not. They come in all professions, social classes, religions, races, and even genders. Most will have a cadre of supporters that will believe they are not guilty no matter the evidence presented just as there are those that might believe in guilt regardless.

But, among the key pieces to the puzzle will be the age of the victim now and at the time of the incident, and how long ago the incident is alleged to have occurred.

 

[jimji1005]

Thanks for the reply.
His daughter is 11 years old.
Supposedly the issue took place in may this year. Arrest made end of May.
I am not sure if there was a sait kit or how much of the daughter was interviewed.

There are no collaborating witness aside from the daughter and the mother's statements.

If there was no forensic interview, no rape kit, no physical evidence.
If there are only statement from the daughter and the mother.

What might be the chances that the DA is just hoping that my friend gives up and admits to anything?

But since the public defender does not even want to get a deposition done with the daughter or the mom...is my friend pretty much done for?

 

[CdwJava]

Thanks for the reply.
His daughter is 11 years old.
Supposedly the issue took place in may this year. Arrest made end of May.
I am not sure if there was a sait kit or how much of the daughter was interviewed.

There are no collaborating witness aside from the daughter and the mother's statements.

If there was no forensic interview, no rape kit, no physical evidence.
If there are only statement from the daughter and the mother.

What might be the chances that the DA is just hoping that my friend gives up and admits to anything?

But since the public defender does not even want to get a deposition done with the daughter or the mom...is my friend pretty much done for?

How do YOU know there are no other witnesses or evidence? I assume he is telling you? Even if only the daughter and the mother, that can be sufficient depending on the details of the allegations.

I strongly suspect there was a forensic interview done. All that means is that an interview was conducted by a trained interviewer that knows how to interview child sex crimes victims. If none was performed, then the case will be weaker than it might otherwise be.

Yes, it is possible that the DA is keeping the pressure up hoping for a plea. It is also possible that he finds his victim and witness to be credible. The fact that his attorney does not want to do any depositions is hardly telling, especially since they are under no legal obligation to give a deposition and would almost certainly be advised against it by the DA. I have yet to hear of a deposition in a criminal matter so if they happen, they are very rare.

If your friend does not like or trust his attorney about all he can do is hire his own.

 

[jimji1005]

Thanks for the input.