What is the name of your state? NM
A young man has just been convicted of rape. Man and woman met at a bar, went to his residence, had sex, she had bleeding from some kind of internal "trauma" (not determined to be from intercourse or prior). Man halps woman clean up in bathroom, no blood in bed, man goes to store for feminine pads for woman. Man returns, they both have breakfast, male roommate of man joins them for breakfast, then woman is driven back to her car at bar. Fast forward:
Days later woman goes to Dr. for bleeding problems. Dr. proclaims she was "raped". Woman claims she doesn't remember anything after leaving bar. Dr. convinces woman (approx 45 years old) and her mother to file charges against man. Investigation ensues, based only on Dr's assertion the DA asks for and gets grand jury. Grand jury indicts on DA's assertion that woman was drugged. Man is not at grand jury indictment to counter. Fast forward:
Trial is quick and dirty. Judge denies man/attorney a continuance to get medical expert to refute DR's claims. DA throws name of Koby Bryant into testimony several times, Man's attny objects, judge sustains, but she continues to make innuendo. No evidence of drugging is presented, but assertion still suggested. Man's DNA is found present, but so is another man's sperm/dna from recent intercourse. No evidence of physical abuse is presented except DR's assertions. Woman's total testimony is "I don't remember anything". Prosecution takes 1-1/2 days to present, defense is limited by judge...gets 1/2 day to present. Jury is ordered to convene. Fast forward:
Late that night the jury comes back with guilty verdict. Afterwards, while being escorted to the parking lot a juror tells a bailiff that she wanted to vote "NOT guilty", but was pressured hard by other members to get it over with. She has kids at home, no sitter, caves in, votes with the rest. Bailiff reports to judge. Attorney files for new trial/mistrial. Fast forward:
Judge denies new trial/mistrial on grounds that state law doesn't have a specific solution for such a problem. Young man is ordered to report to evaluation center in two weeks for pre-sentencing eval. Man faces 9 years in prison. Attny plans appeal, but man still has conviction, may go to prison until resolved. Attny (PD) admits to man that he did a poor job of representing him.
Question: Given the prosecutor's behavior, the juror's sworn statement that she was forced into voting "guilty", and the defense not being allowed its own medical expert....what course can be pursued so man is not thrown into prison for a "crime" that the "victim" (who also was referred to constantly as the "victim" by the prosecutor even though she never remembered a crime being comitted) cannot even say happened.
What recourse is there for the man losing his freedom, living with the fear of being convicted, ruining job opportunities for the rest of his life, etc. based on such events.?
A young man has just been convicted of rape. Man and woman met at a bar, went to his residence, had sex, she had bleeding from some kind of internal "trauma" (not determined to be from intercourse or prior). Man halps woman clean up in bathroom, no blood in bed, man goes to store for feminine pads for woman. Man returns, they both have breakfast, male roommate of man joins them for breakfast, then woman is driven back to her car at bar. Fast forward:
Days later woman goes to Dr. for bleeding problems. Dr. proclaims she was "raped". Woman claims she doesn't remember anything after leaving bar. Dr. convinces woman (approx 45 years old) and her mother to file charges against man. Investigation ensues, based only on Dr's assertion the DA asks for and gets grand jury. Grand jury indicts on DA's assertion that woman was drugged. Man is not at grand jury indictment to counter. Fast forward:
Trial is quick and dirty. Judge denies man/attorney a continuance to get medical expert to refute DR's claims. DA throws name of Koby Bryant into testimony several times, Man's attny objects, judge sustains, but she continues to make innuendo. No evidence of drugging is presented, but assertion still suggested. Man's DNA is found present, but so is another man's sperm/dna from recent intercourse. No evidence of physical abuse is presented except DR's assertions. Woman's total testimony is "I don't remember anything". Prosecution takes 1-1/2 days to present, defense is limited by judge...gets 1/2 day to present. Jury is ordered to convene. Fast forward:
Late that night the jury comes back with guilty verdict. Afterwards, while being escorted to the parking lot a juror tells a bailiff that she wanted to vote "NOT guilty", but was pressured hard by other members to get it over with. She has kids at home, no sitter, caves in, votes with the rest. Bailiff reports to judge. Attorney files for new trial/mistrial. Fast forward:
Judge denies new trial/mistrial on grounds that state law doesn't have a specific solution for such a problem. Young man is ordered to report to evaluation center in two weeks for pre-sentencing eval. Man faces 9 years in prison. Attny plans appeal, but man still has conviction, may go to prison until resolved. Attny (PD) admits to man that he did a poor job of representing him.
Question: Given the prosecutor's behavior, the juror's sworn statement that she was forced into voting "guilty", and the defense not being allowed its own medical expert....what course can be pursued so man is not thrown into prison for a "crime" that the "victim" (who also was referred to constantly as the "victim" by the prosecutor even though she never remembered a crime being comitted) cannot even say happened.
What recourse is there for the man losing his freedom, living with the fear of being convicted, ruining job opportunities for the rest of his life, etc. based on such events.?
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