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Opinions on a sex abuse case. Sex Crimes, Sex Offenders

Discussion in 'Criminal Charges' started by technix, Aug 16, 2019.

  1. technix

    technix Law Topic Starter New Member

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    Hi,


    First thank you in advance to anyone willing to share their experience and knowledge of the law and how the legal system works and the tactics they use. The reason for this post is to get the opinions of any lawyers or people who have worked in/have experience with the US legal system. This will be a long post as I give you some background info and let know what has transpired thus far.


    To begin with, my family has been close with our neighboring family for about 12 years now. The neighboring family has a daughter A and she has a girl child B (about 12). A is an adult and has a tendency to date many guys and have her kids living with them. For the past year A has fallen out with her family and doesn’t speak with them anymore.


    In April my uncle received a phone call from A stating that B said he sexually abused her and that if he just admits it to her on the phone that it will be ok and no one would know and that all she wanted to hear from him is an apology. Our public defender lawyer stated to us that this was most likely a “controlled call” and that they were recording it with a detective listening. This was the first time my uncle became aware of such an accusation. Later that week a detective called my uncle and stated they wanted him to come down to their office so they can ask him some questions.


    My uncle is about 65 and he’s the type of person that would fall for one of those “you’ve won a million dollars, just send us your bank info” scams. He never told us about the accusation and that he was going to meet the detective. The day he went to meet the detective, they arrested him and charged him with about 3 misdemeanors and 1 felony of sex abuse. He later told us about the call and said that he never admitted to anything.


    From since April to now, every time he goes to court, the DA asks for an extension. Our public defends states they can keep asking for an extension for up to 6 months and if they don’t call a grand jury after 6 months the case will be dismissed. This week he went to court and the DA asked for another extension. Our PD states that in November the 6 months would be up.


    However, after the last court date, our PD called to say that she received a plea deal from the DA. The DA is offering a misdemeanor charge of child endangerment with 2 yrs of probation. I was in the room with my uncle and the public defender as she explained the terms to him.


    Now I know for a fact that child B’s immediate relatives, her grandmother, her aunts her uncles all refused to assist the DA and have sided with us. Our PD says that it is also unclear whether Child B and her mom A is even co-operating with the DA. The DA has not turned over anything to us except for a 2 yr time frame where they say child B claimed to have been abused by my uncle. No exact dates, no places, nothing at all that we can use to put together a defense.


    In the meeting with the PD, my opinion of her as she was explaining the process and current status quo of child sex abuse cases was that she wanted him to take the plea deal. She said that in cases like this where it’s the child’s word over his that they will almost always side with the child. She said that if the case goes to a grand jury the child will have to testify in front of the grand jury and the jury will then decide based on her testimony if to indict or not.


    Now before she continued I asked her why would they offer him probation if he’s accused of such a horrendous crime and she said that the DA didn’t want to have to put the child to testify in front of the grand jury because she will be in front of strangers having to describe what happened to her. She continued to describe another case that she had where the child accused one man of sex abuse but they had DNA evidence that it was another man and the first guy still got convicted. And other case where a child stated a specific date an incident occurred and she had a rock-solid alibi for the guy and the child said she made a mistake on the date and the guy got convicted. She said that the reason the DA gave a 2 year time frame was because the child would be able to chose any date between that time frame and even if we could prove for example that my uncle wasn’t even in the country on that date, the child can change her mind about the date and the jury would allow/be lenient with her.


    I personally have no background in law and so far I can only take the PD’s explanations but it seems to me that the DA is just trying to get the case over with and the PD doesn’t want to go to trial.
     
  2. justblue

    justblue Well-Known Member

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    I imagine that your UNCLES attorney would be outraged that you have taken it upon yourself to post about his criminal case on the internet.
     
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  3. army judge

    army judge Super Moderator

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    An innocent person would never consider pleading GUILTY to something he/she didn't do.

    One doesn't require a law degree to know that the state must prove their case.

    An innocent person need not prove or say anything.

    All criminal defendants are constitutionally cloaked in the presumption of innocence.

    Haste makes waste.
     
  4. wigditty

    wigditty Member

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    Speak only to your lawyer. Loose lips, sink ships.


    Sent from my iPad using Tapatalk
     
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  5. Tax Counsel

    Tax Counsel Well-Known Member

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    Here's the problem. There is always a chance when a case goes to trial that your uncle will lose. Even if in reality your uncle is innocent. We don't have a system that can determine absolute truth. The courts work with the evidence that is available, and that information is often imperfect or incomplete. And sometimes the evidence that is available can make an innocent man look guilty. Because of that, sometimes innocent people do take plea deals. They see a risk of an even worse outcome if they go to trial and decide the deal on the table is better than rolling the dice and going to trial where if the jury convicts the defendant the penalty is much more severe. As a result, I disagree with Army Judge that an innocent person would never consider pleading guilty. They not only consider it, sometimes they do in fact plead guilty in a plea deal. For some people the principle matters most and they won't plead guilty no matter how strong the case against them is or how good the deal is. Those folks refuse to take a plea deal regardless of the potential downside. Perhaps Army Judge is one of those who feels that way, but not everyone does. Your uncle has to decide for himself what risk he is willing to take here and part of that turns on just how likely it is that he might beat the charges at trial.

    If the kid does testify and say your uncle did things that would constitute child sex abuse then there is always a risk the jury will convict him. Your uncle's lawyer would face the task of cross-examining a 12 year-old girl who claims to have been abused and if she came across at all well during the state's cross-examination she would be a sympathetic witness. That means that your lawyer would have to walk a difficult balancing act: she would need to be aggressive enough to try to get responses that would undermine the kid's claims or reputation for truthfulness but not come across to the jury as being mean and harassing to the victim. Perhaps some other evidence available might help undermine the state's case without needing to rely so heavily on that cross exam, but nothing you've said her indicates that. Part of the problem is that the information your uncle has is incomplete. He might want to at least wait and get whatever additional information there is before deciding.

    I get the sense that you believe your uncle in this. That's not uncommon to see relatives of an accused child molester rally behind the accused because he always seemed like a nice guy and they can't imagine him doing such a thing. But some of those "nice guys" turn out to actually be guilty. You can't tell by looking at someone if they abuse kids. I have no idea whether your uncle is guilty or not. But you ought to consider there may be some possibility that he did indeed do something inappropriate. He wouldn't want to admit that to family and friends, of course, so don't depend on him necessarily giving you the truth. That's not to say you shouldn't support him or believe him, but only to keep an open mind when evidence is presented and determine from that what might have really happened.

    In the end no one here can tell him what he should do. And really, neither should you. He shouldn't be telling you about his conversations with his lawyer or having you sit in on those discussions as that blows the attorney-client privilege.
     
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  6. wigditty

    wigditty Member

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    Listen to Tax Counsel. He/she is giving you solid advice and is providing you with well thought out answers. Good luck to you and I pray your fully digesting the recommendations.


    Sent from my iPad using Tapatalk
     
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  7. Highwayman

    Highwayman Well-Known Member

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    The OP doesn't have a lawyer. It's not even her problem. despite how many times she uses the work "our".
     
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  8. Not Guilty$

    Not Guilty$ New Member

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    This case is all around BAD BAD news, let's get hypothetical, I'm not giving out advice and I don't know all the facts regarding this case. So let's run a hypothetical breakdown :D

    In this situation if he really is innocent you better start flipping pancakes quick!

    1. Adult A is always moving and sleeping around with other people, child B may have gotten touched (again) by one of Adult A's boyfriends, she feels bad that happened to her daughter so she tells her daughter it was her uncle.

    2. When, where, how long where the uncle and B alone together for these things to take place? Was the only person present during the alleged assault the child? How often is that child left alone and how solid said child's testimony? I'd personally push for cross exam on this, maybe the child flips and exposes the mother.

    3. It is never fun to put a child on the stand and cross-exam her, jury hears child abuse and their brain goes one way usually. Flip the story about the mom putting the child in spots for her to be taken advantage, make the mom the bad guy (which she is if her child has allegedly been taken advantage of TWICE).

    4. Does the child have any vision or mental health issues that could clout her judgment, and or allow her to be fully manipulated into believing something that never really happened? How many times has she done this? Is it a cry for attention/help?

    5. I'd also get the local news involved, let them know this parent is lying, she shouldn't be able to keep that child, she is unable to keep the child safe. Have the family that is on your layout infomation on the parents personality and how she operates.

    I could go on for A LOT longer hypothetically breaking this down and changing the direction of the case, but I gotta finish working. Please remember this is just a hypothetical breakdown, not advice. I hope everything gets better for the child, she defiantly doesn't deserve any of this BS.
     
  9. Highwayman

    Highwayman Well-Known Member

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    No, let's not.
     
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