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molestation of minor by person of trust

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N

native colorado

Guest
What is the name of your state?:mad: What is the name of your state? colorado
My husband was arrested in Jan after 3 years of an investigation.
My niece made claims that he "touched her" when she was 6 years old ongoing until she went to her school counselor in Jan 2001. To make a long story short, the police and social services where she lives investigated, they sent the video tape of her accusations to our county and our county police and social services and DA investigated and said without more evidence they would not proceed. It was closed in 2002.
All of the sudden Jan 2004 a peace officer drew up an arrest warrant Dec 7 and our chief of police arrested him a month and a day later after the warrant was sent out.
She made accusations that "things" happened in her home town and our home town, which happen to fall in 2 separate counties in the state.
We (whole family) know she is making it all up. She is upset that he got made at her and called her a really bad name. He has always made bad comments about her no good mother (my sister) and her father is in prison as I speak for murdering a child molester. She is a very messed up child but not due to my husband so called touching her.
He has never been questioned by the police, nor read his Miranda rights when he was arrested. (and arrested at work where he is a federal officer) Has a 25,000 bail he is out on.
They just took her story and ran with it, never once questioning anyone in the family, nor calling him into the police station for questioning nor a lie detector test. NOTHING! Yet he is being charged where he can be put behind bars for 25 years. Where is the justice system?
We hired another lawyer out of the county where he is charged with the crime. We've paid him $7500 with another 22,500 to be paid yet.
We thought this would all be dropped because there isn't enough evidence so go forth. And half the stuff she says on the video tape is ridiculous. One point is she claims oral sex on a boat, the boat is a 12 V bottom with a heavy gas motor on the end. Very unstable boat for any kind of movements. My uncles was also on the lake in his boat at the same time, and can vouch that nothing of that nature happened. She told my mother that he only told her to take panties off, and it grew into oral sex at social services. This is the only time she was in his boat.
This coming week we have a motions hearing to hear what the prosecution has and what we have for evidence. Our lawyer said its going to trial, that its an easy case and "nothing to worry about" I think he is in it for the money and could have gotten it thrown out already but he thinks we have all this money. (we haven't been able to come up with the $22,500) but he cant qualify for a public defender so what's one to do about a lawyer if you make to much money and cant come up with more money?
The justice system is a scary one and my husband works for it! Its a scary world out there knowing if you tell your kids, that No you cant do this or that and they get pissed and say one word that you can be arrested and you have to fight for your life and be in debt and your character ruined for the rest of your life. I didn't think it worked like this. BEWARE!
Anyone have any thoughts? I would appreciate any ideas on what to do about a lawyer.
 


T

trialstressed

Guest
the judicial system just isn't working

Sorry to hear about your unfortunate case, however, I have very bad feelings towards our laws. In your case there is no physical evidence. I am not a lawyer, but if this goes to trial I think it will be a 50/50 depending on your niece's testimony. How old is she now?
My stepdaughter actually was molested by her stepfather and he'll probably get off scott free. Our DA doesn't seem to care at all. In our case, however, there is physical evidence because he got her pregnant and she gave the baby up for adoption. (She was 16 at time of the birth). Anyhow, we HAVE evidence, and still our District Attorney is trying to plea bargin this down to nothing because she says it won't win in court being her word against his. She got pregnant 1 month after turning 16 and we have to "prove" that he did this to her before she turned 16. So, her word against his.
So, you can look at this 2 ways, in your case, there is no physical evidence, so depending on the prosecuter, he could be okay. OR if his case goes to trial, it will be up to a jury, in which case it could go either way depending on the testimony. Doesn't sound like your lawyer is doing much for you. It makes me suspicious about your lawyer, because the stepfather in our situation, his lawyer turned down a plea bargin for 1 year in county jail and 3 years probation to go to trial. (and he IS guilty) I don't understand WHY he WANTS to go to trial. Situations like these really suck because it always depends on the child's testimony and how convincing they can be. Will your niece be able to testify? If she is making all this up and finds out she has to testify, she may just back down. Good luck. It's a shame that the guys that are guilty get off and the ones that are innocent not only get accused, but often charged and then their whole lives are ruined. The public doesn't look at them the same.
 
N

native colorado

Guest
Update!!!

Colorado!
I am sorry to hear about your case. I dont see how, being 16 would matter in your stepdaughter's case. There is proof that he got her pregnant. My state of Colorado would be jumping all over the case. There is a statue of limitations here. The man can be prosecuted until the victim is 18 and 6 months of age. The older they are the better they make for witnesses.
I just cant believe how your case has turned out. However they will plea it down a lot if he is a first time offender. Some get 20 years probation ... no jail time ... this is a screwed up world for sure. I am sure your stepdaughter
will have to have counseling thru this and the justice system will leave a bitter taste in her mouth for life....
UPDATE on our case.
Attorney called yesterday, there is no court for my husband this week and the DA is looking at a dismissal now after viewing the tape she made 4 years ago... If you seen how social serves acted on this case and a rookie female cop, you would see they didn't do their job! They went with what she said on the tape and ran with it.
If you was to view the tape. Social services was almost putting words in her mouth! And then, when it was all said and done ... she was saying such far fetched things, and positions that aren't even possible to do unless your a monkey! Also times when someone is always around. She mentions on most of the "times it happened" that my father was sitting right next to them while she was sitting with my husband. Or when my mother and I was around. I didn't think molesters work that way? Plus having been "touched" as a child myself, I never wanted to see that old man again and ran as far as I could from him never seeing him again! I really think it was just a crush she had on him because she had no men in her life for the father role and then after he called her a name it was revenge and a way to start living with her mom after 15 years. She will be 16 next month.
Anyway, this is somewhat bitter sweet for us for a possible dismissal. We have been ongoing with this for 3 years now. And now are going to start proceedings to see if we can sue the police dept. for defamation of character and anything else the lawyers come up with. The police sat there for a month and 1 day and arrested him at work. He was working 4 to midnight shift. They arrested him at 4:25 in the afternoon. I dont know why they couldn't arrest him at home earlier in the day. They first told us when they get the warrant that they have to act on it. Well after finding out when it was issued, they didn't act on it for a month and one day It really made things for him rough at work. They demoted him, and treated as if he was guilty until he proved otherwise. (this is the govt. we are talking about)
They will be on the agenda to sue also and the town where she is currently living because it was her police dept. that set out to destroy him by taking her word and not listening to her story objectively! Also will see about suing social services for not doing their job. Had they done their job, they would have seen her stories just dont add up at all?
So needless to say ... this is not over by a long shot...
I hope in the end when this is all said and done it, life will return to normal
 
A

AngryAmerican

Guest
Vengeful Ex

Have a similar problem with a vengeful ex, except the public defender was useless--all he had to say was "this is a dangerous case", so my family scraped up money to pay for a lawyer--it was only 5,000 dollars, and the lawyer said the exact same thing "this is an easy case, it'll be no problem" then later we are told by him that he doesn't know how to handle a tial. And my reaction was very much like yours --he just wanted the money, except in this case he didn't want to work for it. My husband was accused of molesting his daughter by his ex-wife, and the we have like no money (I'm a full time college student with a part time job and he is sitting in jail because we can't afford theto bail him out so no income there) to afford a decent defense. We've just been worn down, and down, and down, and he's finally given in and accepted a plea bargain just so we get on with our lives. His ex is just nuts (I think it must run in the family, because apparently both her parents have been in the nut house). It makes both he and I sick to do this, but we've had the same experience--he was treated as guilty from the moment the accusation fell from her lips like poisoned honey, and we are dealing with a biased judge and a biased court. We are just so tired. I've written a little more about it under the plea/sentence/parole threads under a section about a "sexual predator moving to LA" title. I feel for you, except out bitter sweet ending will end with a label of "child molester." but at least, when he gets out of jail, we will be able to be together again, and move on with our loves. (Oh, and for us this started the day he got arrested--one month to the day that we had gotten married, exactly 3 days after she found out about his marriage, but she started this way back when they were heading into a divorce 1 1/2 years earlier. The whole time, he didn't even know he had been accused. Didn't make for much of a chance of stopping any unwarranted action on the part of the Commonwealth.) Oh, yeah, they had, and still have no interest in hearing about the discrepancies, his side of the story, the fact that hard evidence contradicts the accusation. And all of this because, after 8 months of sessions, they got his daughter to say on tape that he "did it" to her (when this first began, she didn't say he had done anything, but after sessions with the social worker, and who knows what with her mother, she finally said it on tape, even the thing that was contradictory--and all this after being told she could "do what she wanted to do if she would answer just a few more questions"--basically a reward to get her to say it. She also went from "liking her daddy" when they first questioned her to "not liking him because he is a bad man" 8 months later. And, oh, by the way, she just also happened to not like the woman that was his "girlfriend" at the time of the separation from his then wife, either. Those were the only two people in the world she didn't like)

Yes, I feel for you. I know what you have gone through, but this system makes me sick. I agree, the guilty often go free while the innocent usually suffer.
 

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