There were a few different court hearings already with CPS. The CPS case manager, DCS attorney and the GAL were all fighting for no visitation at this time. The court ordered it, which I am very pleased with. The defense attorney then petitioned for a "detention hearing" requesting any sort of visitation. That was also denied at that hearing. Now, we are looking at a fact finding hearing in December to fully determine if the children will be deemed CHINS. It may be a cultural thing to bathe with children until a certain age; however, I do not believe it is AT ALL appropriate in any way to bathe with a child who is capable of bathing themselves, especially a child of the opposite gender. During the forensic interview, the interviewer asked where their clothes were. She stated both, her clothes and her dad's clothes, were on the bathroom sink. She didn't say how often, but when asked the last time, she stated that day. She also stated they played the touch game "where people touch your privates...it's just a silly game...daddy makes me look away" on his bed. The other twin denied any touching, however, she stated that her sister and her dad would take "naps" together while she would play in the living room alone. Besides that, the child that disclosed during the interview showed clear behavior of anxiety. She kept trying to avoid the subject and would not sit still, where the other child answered every question clearly and showed zero signs of anxiousness. Also, the interview was video taped. My daughter was deemed unable to stand as a witness and testify by a child hear-say interview, with a psychologist, therefore, she would not have to be cross-examined.
I have a meeting with the DA on Nov 26th. I am first going to ask what their protocols are for investigating this type of crime, what evidence do they not have and how would they prove sexual intent in any case. I am also going to ask what they feel the purpose of a polygraph exam is. I understand that is is inadmissible in court, however, isn't it used as an investigative tool to narrow down suspects and know which ones they should pursue further, in addition to interrogation purposes? I am also going to make the point that I do not feel two days is sufficient time to fully review a case. Also, what harm could it cause to pursue this case, other than their conviction rate if he is found not guilty? I mean, for me the polygraph confirms it, therefore, I feel they should be utilizing every tool possible to get a conviction. They have not interviewed (or requested the detective to interview)any potential witnesses, they have not searched his home/computer, nor asked CPS for any of their findings. If the first forensic interview was not clear cut for them, then why haven't they requested an extended interview. I may be young, but I am college educated and I serve this city as an officer. I work two reputable jobs, I own my own home, I am pursuing a second degree. With that being said, my credibility is sufficient. His, however, is not. I know first hand what the "burden of proof" and "reasonable doubt" is all about, however, this is a sex crime, not grand theft auto. They are not going to catch the perp red handed on the scene. I truly believe the prosecutor is intimidate by the defense attorney and her history. Sorry for the soap box but I am really upset about this situation, and these kids could eventually get unsupervised visitation again, and risk being abused yet again.
