I live in NY, Orleans county. Here is the situation. I have a nephew finishing a 1 year sentence for sexual battery. Let me explain that first. His 14 year old step-daughter accused him of sexually abusing her in the state of Ga. (Ga has a 25 year minimum for each count if convicted.) They had moved to Fla. and the step-daughter was mad because she had been separated from her boyfriend. CHP stepped in and Ga filed charges against him. He thought that since he was innocent he had noting to fear. He willing went to Ga. and turned himself in. Before doing so he spoke to an attorney who agreed to take his case. He didn't bother to find out anything about this lawyer because again he didn't do it so he thought it would all be straightened out and end of story. OH SO NOT TRUE!!!!!
He was thrown in the county jail to await trial. During this time the step-daughter recanted. She went to his bond hearing to give a letter recanting to the judge. The DA yanked her aside and told her he would not accept the letter because he thought it had been coerced. So she changes her story again. The thing moves forward. During that time it comes up that he had gone back to Ga to finish a job he had been working on. He took the step-daughter back with him so she could see the boyfriend. They of course stay in a motel. this is where she claims he abused her. To make this short it. Things were all set to go to trial or at least I thought so. His attorney had been working with the DA to get him a "deal". The DA refused to drop the charges but he was willing to ruin an innocent man's life as long as he got a felony conviction out of it.
My nephew's wife is on SSI "FULL DISABILITY" for a mental condition. One of their stipulations was she was not to be left unsupervised with the kids. She had a falling out with her family and moved up here to NY. She weaseled her way into low income housing claiming that where she was staying was an unfit environment for the kids, which is a complete lie. She now has a beautiful 3 bedroom apartment. She is a master liar, which may or may not be part of the mental illness. They also have 2 other children, both his. To get back to them he signed a "best interest plea". meaning he was not admitting any guilt, only that he felt he might get found guilty if it went to trial. This is one of those issues where everyone assumes you are guilty, it's up to you to prove your not, not the other way around.
To get to stay in this cozy little set up after he's released in Oct., she has been badgering his 2 kids to say they were abused too. They already declared to Fla CPS that they were not, but she is now trying to convince everyone they must be repressing it. She has filed not only for full sole custody, but has also requested a restraining order forbidding him contact with her or the children. Her daughter, the one who started this whole mess won't even live with her, she stayed in Fla with the family there.
My question is: Is anybody going to look into HER background to find out she is the unfit parent, or is my nephew pretty much screwed because he got talked into take a deal that made him a level 1 sex offender?? She also has a documented history of cocaine abuse. A hearing date has been set for the 12th of Aug. He obviously is not going to be able to attend, but the judge who is totally biased said he could do a tele-conference. The state of Ga doesn't do tele conferences for inmates. These kids are being mentally abused but short of putting them in in foster homes we can't do anything about it. WILL THEY ACTUALLY GIVE HER CUSTODY????
He was thrown in the county jail to await trial. During this time the step-daughter recanted. She went to his bond hearing to give a letter recanting to the judge. The DA yanked her aside and told her he would not accept the letter because he thought it had been coerced. So she changes her story again. The thing moves forward. During that time it comes up that he had gone back to Ga to finish a job he had been working on. He took the step-daughter back with him so she could see the boyfriend. They of course stay in a motel. this is where she claims he abused her. To make this short it. Things were all set to go to trial or at least I thought so. His attorney had been working with the DA to get him a "deal". The DA refused to drop the charges but he was willing to ruin an innocent man's life as long as he got a felony conviction out of it.
My nephew's wife is on SSI "FULL DISABILITY" for a mental condition. One of their stipulations was she was not to be left unsupervised with the kids. She had a falling out with her family and moved up here to NY. She weaseled her way into low income housing claiming that where she was staying was an unfit environment for the kids, which is a complete lie. She now has a beautiful 3 bedroom apartment. She is a master liar, which may or may not be part of the mental illness. They also have 2 other children, both his. To get back to them he signed a "best interest plea". meaning he was not admitting any guilt, only that he felt he might get found guilty if it went to trial. This is one of those issues where everyone assumes you are guilty, it's up to you to prove your not, not the other way around.
To get to stay in this cozy little set up after he's released in Oct., she has been badgering his 2 kids to say they were abused too. They already declared to Fla CPS that they were not, but she is now trying to convince everyone they must be repressing it. She has filed not only for full sole custody, but has also requested a restraining order forbidding him contact with her or the children. Her daughter, the one who started this whole mess won't even live with her, she stayed in Fla with the family there.
My question is: Is anybody going to look into HER background to find out she is the unfit parent, or is my nephew pretty much screwed because he got talked into take a deal that made him a level 1 sex offender?? She also has a documented history of cocaine abuse. A hearing date has been set for the 12th of Aug. He obviously is not going to be able to attend, but the judge who is totally biased said he could do a tele-conference. The state of Ga doesn't do tele conferences for inmates. These kids are being mentally abused but short of putting them in in foster homes we can't do anything about it. WILL THEY ACTUALLY GIVE HER CUSTODY????
