• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Has my daughter's civil rights been violated?

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

Joseph S

Junior Member
What is the name of your state (only U.S. law)?
State of Pennsylvania
My daughter was charged with false rape and not allowed a fair trial. The DA denied testimony from her only two witnesses. No reason was given. One of the witnesses is a neighbor and the other is a court appointed Psychologist that she has been seeing regularly for over two years. The Psychologist has diagnosed her with PTSD, depression, and other mental issues caused by her being raped. They obviously didn't want him to testify because his report would have benefitted my daughter. Because of the obvious one sided trial, my daughter's lawyer persuaded her to take a plea they offered. The plea was misdemeanor 2 which was supposed to be 6 months probation or an aggravated charge of 30-45 days of incarceration. The judge gave her 24 months less one day of incarceration in Monroe County Correctional Facility.
Were her civil rights under the 14th ammendment violated because she was not allowed a fair trial?
 


quincy

Senior Member
What is the name of your state (only U.S. law)?
State of Pennsylvania
My daughter was charged with false rape and not allowed a fair trial. The DA denied testimony from her only two witnesses. No reason was given. One of the witnesses is a neighbor and the other is a court appointed Psychologist that she has been seeing regularly for over two years. The Psychologist has diagnosed her with PTSD, depression, and other mental issues caused by her being raped. They obviously didn't want him to testify because his report would have benefitted my daughter. Because of the obvious one sided trial, my daughter's lawyer persuaded her to take a plea they offered. The plea was misdemeanor 2 which was supposed to be 6 months probation or an aggravated charge of 30-45 days of incarceration. The judge gave her 24 months less one day of incarceration in Monroe County Correctional Facility.
Were her civil rights under the 14th ammendment violated because she was not allowed a fair trial?
For clarification purposes: Your daughter was charged with rape and convicted on the charge? Or was your daughter charged with falsely claiming someone raped her?

There can be several reasons why witnesses are not allowed to testify. Without knowing all of the facts of the case, it is impossible to say if your daughter's rights were violated.

She agreed to accept an offer by the DA, however, and a judge will not accept a plea agreement until it is made clear to the judge that the defendant understands to what s/he is agreeing.

Your daughter can ask her attorney to explain everything to her again if she is not sure what happened or she can ask another attorney for a personal review of the case (her plea and sentencing).
 

Joseph S

Junior Member
She was raped and charged with false report of being raped. The rapist is a wealthy influential manipulative person. He is friends with the detective on the case. We saw evidence of this on facebook. The ADA on the case is married to one of the police officers. They are all corrupt and protecting the rapist. I know this sounds outrageous, but this is what we have been going through. My daughter basically kicked a hornet's nest by reporting the rape because the rapist is crafty and knows a lot of people in the judicial system.
 

quincy

Senior Member
She was raped and charged with false report of being raped. The rapist is a wealthy influential manipulative person. He is friends with the detective on the case. We saw evidence of this on facebook. The ADA on the case is married to one of the police officers. They are all corrupt and protecting the rapist. I know this sounds outrageous, but this is what we have been going through. My daughter basically kicked a hornet's nest by reporting the rape because the rapist is crafty and knows a lot of people in the judicial system.
If your daughter believes she was "manipulated" into accepting a plea that was not in her best interests and if her sentence falls outside the sentencing guidelines for her offense (I don't know if it does or not), then she might want to seek a personal review of her case by an attorney outside the area where the case was heard (this if her concern is with corruption or collusion).

There have been cases in the past where influential members of a community have escaped prosecution (at least for awhile) simply because of their powerful positions. Whether your daughter's alleged rapist has used his power and prestige to avoid charges is something that would need to be personally explored.

Good luck.
 

Joseph S

Junior Member
If your daughter believes she was "manipulated" into accepting a plea that was not in her best interests and if her sentence falls outside the sentencing guidelines for her offense (I don't know if it does or not), then she might want to seek a personal review of her case by an attorney outside the area where the case was heard (this if her concern is with corruption or collusion).

There have been cases in the past where influential members of a community have escaped prosecution (at least for awhile) simply because of their powerful positions. Whether your daughter's alleged rapist has used his power and prestige to avoid charges is something that would need to be personally explored.

Good luck.
Thank you for the advice
 

ecmst12

Senior Member
Even if she DID make a false accusation, which I doubt, I'm pretty disgusted that she got more jail time than the actual rapist Brock Turner.
 

Joseph S

Junior Member
Even if she DID make a false accusation, which I doubt, I'm pretty disgusted that she got more jail time than the actual rapist Brock Turner.
They are totally biased against her. She was up for parole after 45 days. Other inmates are given a parole hearing by video in front of another judge. She was taken to the courtroom in front of the same judge that sentenced her. She had complied with all three parole stipulations. Not a drug user, did not have any problems in jail and a home plan to move in with her parents. She was denied parole because she told a psychologist the truth about being a rape victim. The prosecution didn't like that she still insists she was raped. They "said" she will be let out when they find an outpatient facility for her. It's been another two weeks in that deplorable prison and still nothing from them. I figure they will never find this "facility" and just keep her in there for the 24 months. We are completely distraught. This has affected so many people. Her baby, her family and friends are mentally scarred. "Liberty and Justice For All"....yeah, right!
 

Joseph S

Junior Member
Deplorable prison conditions too

The prison she is in is disgusting. Third World conditions. 19 second shower. Worms and black mold in showers. Male Correction officers watching women shower. She can't stomach the food so she buys commissary tuna packets and snacks. They won't change her diet because she didn't specify that when she entered. Some inmates have vegetarian or kosher. She doesn't get any vegetables and has lost 19 pounds. She's only 5' 1" and normally 110 pounds. Severely overcrowded. 4 women in a cell with two cots. Mice and now bed bugs are spreading.
She is 29 years old honor student, college graduated Magna Cum Laude with three teaching degrees, master's degree and all of this is gone. She had a great job, that's gone. She owns her own home and a single mom of a 17 month old baby. It's a very unjust country we live in. This rapist is walking around free with a smile on his face probably looking for his next victim.
Sorry for ranting, but we have been totally destroyed emotionally and financially. I don't wish this on anyone. My wife and I are barely able to sleep. Our patience has worn thin where we snap at each other. 37 years of wonderful marriage we have never snapped at each other like this. We're 60 years old and now are raising a 17 month old child. I'm supposed to be retiring and enjoying life.
 
Last edited:

Dandy Don

Senior Member
Discuss the prison conditions with your local or state congressional representative(s). Something will only get done if you complain loud enough to the correct party.
 

justalayman

Senior Member
Just a note;

It is not within the da's discretion to disallow any witnesses for the defense. Only the court itself (the judge) can do that. It is very difficult for a court to disallow a witness as long as their testimony is germane to the case at hand since, as you suggest, it would be a violation of the person's civil rights.

additonally, when entering into a plea agreement is is almost always a requirement the defendant allocute. That means they stand before the court and recite the events that led to the charges. They are also required to enter a guilty plea as well.

What did your daughters allocutus consist of if she believed she had committed no crime?


Additionally based on your statements of the level of crime and the sentencing guidelines provided, it would be a horrible abuse of discretion, and quite possibly a violation of her rights as well as an ethics violation for a judge to impose a sentence of 24 months when the guidelines provide for no more than 45 days incarceration. If her attorney had not objected to the imposition of such a sentence I would suspect a violation of his duties as
well.

There are some serious incongruities in the situaotion you describe.

I would suggest speaking with an attorney, different than her defense attorney. If there is no explanation for the issues mentioned, there may be some recourse.

Edit to add;
The penalty provisions of PA law clearly state the penalty for a misdemeanor 2 is not more than 2 years imprisonment

101 Pa code 15.66(a)(6)
 
Last edited:

quincy

Senior Member
... The penalty provisions of PA law clearly state the penalty for a misdemeanor 2 is not more than 2 years imprisonment

101 Pa code 15.66(a)(6)
Nice post, justalayman.

Based on the above, the sentence imposed is within the guidelines and the maximum 24 months can be imposed at the discretion of the judge. There is no violation of rights to argue with the sentence.

Prisons are underfunded everywhere and conditions are notoriously "deplorable." The food that is served is rarely enough for any prisoner to maintain while incarcerated his/her normal weight. Funding, again, is largely to blame.

The one area related to Joseph by his daughter that would clearly be a violation of rights are the showers of female inmates being supervised by male correction officers. This is a reportable violation.

I again recommend the daughter have the facts personally reviewed by a Pennsylvania lawyer, preferably one well-versed in prisoner rights and civil rights.
 

Joseph S

Junior Member
We are talking with another attorney and he will take the case. I think a lot of the problems have to do with the existing attorney. The judge based the sentencing on the prosecution's assumptions, accusations and some outright lies and our attorney just stood there. I wanted to get up and say something, but then I would probably be in jail too.
The new attorney seems good and his record good too. What scares me is his prices. They are WAY less than the other attorney. Is that bad? Was the existing attorney just taking us for a ride?
 

quincy

Senior Member
We are talking with another attorney and he will take the case. I think a lot of the problems have to do with the existing attorney. The judge based the sentencing on the prosecution's assumptions, accusations and some outright lies and our attorney just stood there. I wanted to get up and say something, but then I would probably be in jail too.
The new attorney seems good and his record good too. What scares me is his prices. They are WAY less than the other attorney. Is that bad? Was the existing attorney just taking us for a ride?
You cannot base an attorney's ability to manage a case or his/her commitment to it and his client solely on the rates he charges. Some of the best and most devoted of attorneys will take a case based on the facts of the case and their interest in the legal areas that are touched upon, and not on how much money they stand to make. A review of their litigation history is far more telling.

It is good that your daughter has another attorney to review her case. Again, I see a problem in what she describes as occurring in the prison. Whether there is anything that can be done about the court action that led to her incarceration there, however, is impossible for any of us to say. The new attorney will be the best source of information.

Good luck.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top