Purgery

What is the name of your state? Kentucky.

Two men forced their way into a house and held
a family hostage for 5 hours. The family consisted
of a father, a mother, and three kids. One of the
men forced the father to drink. The other man took
10 dollars. The family was tied up, but later was
untied because the kids were upset. The two men
then forced the father to drive them to the get
away car. The family waited 5 hours till they
sobered up, then called their attorney. The
attorney told them to call the police and the two
men were later picked up. They were charged
with:

KRS Code: 511.020
Offense: BURGLARY IN THE 1ST DEGREE
http://www.lrc.state.ky.us/krs/511-00/020.pdf

KRS Code: 509.020
Offense: UNLAWFUL IMPRISONMENT 1ST DEGREE
http://www.lrc.state.ky.us/krs/509-00/020.pdf

During the trial the father said he was sodomized
and attacked. When the attorney of the above
defendant's asked why it was not in the original
charges they replied they forgot to include it in
the reports (and are not there to this day). The
judge allowed the jury to hear this. The lawyer did
ask for a mistrial. This happened two other times
on different issues (sparing all details, they are
not as bad as the above).

It is my understanding that the father committed a
crime and should have charges filled against him.
After reviewing all records and watching the court
video, I think there is enough evidence for a
retrial (I am not a lawyer).

My question to you all is, does this sound like
there was purgery, and what steps, if any, should
be taken to get a retrial?
Thanks for your time.
Jamie

Frankly, I am VERY surprised that certain people have not just jumped right on this one. But now it will be back at the top, and noticeable.

Jamie, I take it you are related to? or married to? or in love with? one of these men who have been charged with this crime.

Have you ever known anyone who has been raped? If so, did they find it very difficult to talk to police about it? Do you have ANY IDEA how hard it would be for a MAN to say he had been sodomized?!?!?

It would seem to me that if the judge allowed it, and the case is over (?) then that’s that.

Having the victim say he was sodomized, it NOT be in the original report, the jury having been allowed to hear it .... compared to the horrible experience these two men inflicted upon that family .... it's kind of like comparing Mt. Rushmore to a grain of sand. The experience this family had will hurt them for years to come, possibly for the rest of their lives.

And what about the kids? You don’t mention whether or not the kids had to watch the atrocities this dad had to endure.

I, for one, have absolutely no sympathy for the two men who committed the crime.

While I had no help for you, perhaps changing position of your post will get you some attention.

I had figured someone would say, "They deserve
to be in jail," or other such statements. While the
reason for the break in is a very long story it is
not an acceptable excuse. It should not have
happened and time in prison is justified. However,
in the USA all people deserve a fair trial. The kids
were not harmed, and even stated they had felt
sorry for the two men. The fact that this evidence
was allowed in at the very end to me is
questionable. Do both sides not have to have
ALL evidence before going to trial? In the original
reports all family members stated that no one was
hurt (I would assume a gun inserted into the anus
would fit this).

Yes I have known a woman that was raped. I
know a man that was raped aswell. I have also
met a man that was in prison for 5 years based of
a line up (which is very questionable, like
fingerprints in some cases) for rape.

Thanks for your time.
Jamie

You're welcome, Jamie. I hope you get answers to your questions.

The only grounds your 'friend' has on appeal are these:

1. Reversable error: Where a mistake in procedure or law during the original trial could have and should have been corrected during the trial, or;

2. Sufficient facts and proof to support the finding that the testifying witness committed perjury. However, the burden of proof is upon the party bringing the charges.

And that's it.

Thanks to all who responded.

"It is my understanding that the father committed a crime and should have charges filled against him."
*** And what was the source of this 'special' knowledge and how do you intend to prove that the family committed PERJURY????
Absent that PROVE, your opinion is worthless.

I am not going to prove anything. I am simply
gathering information to help their parents. The fact
that the father lied twice in court, (his daughter said
he lied), and the "evidence" that was entered in the
last 5 mins of court with out the defence having had
access to it makes it seem suspect. All I want is
a fair trial for them. One thing in their favor is 72%
of all federal cases are over turned in that town. That
alone makes me wonder. I find it disturbing that this
"evidence" alone could be let in without both sides
having access to it. I have read all the original
police reports, watched the court video, and am
sure they will get a retrial. The police officer states
he forgot to hit record during certian claims but
could recall word for word two years later.
Thanks.