question2012
New Member
State: Pennsylvania
I originally was charged with four crimes.
Neg Plea Result: Dec 2006, all charges except for one count of - F3 18 sub 6312 sub D1 Possession Of Child Pornography were dropped.
Penalty imposed, 24 to 84 months in state prison.
Sentencing guidelines provide for restorative sanctions to 9 months.
I am on state parole. In my criminal case I was ordered by the judge to be sexually evaluated as part of my PSI (PreSentence Investigation Report) for sentencing. The court ordered that the evaluation be performed by a specific SO treatment provider we will name as Provider "B" for this post. Upon my first (initial visit) evaluation I was interviewed by only Dr. "L". She asked me to confirm that my charges were that of possession of child pornography. I confirmed that was the charge. We spoke briefly and in a calm manner. She had asked me if I had ever viewed child pornography before and I had said no. She asked me if I knew if it was against the law to possess and view child pornography and I said yes. After a bit more
discussion (once again) in a calm manner she said that she felt this was a one time incident and that she would write a letter to the sentencing judge
stating that incarceration is not necessary in her opinion in this case.
After meeting with Dr. "L" I contacted my public defender by phone and gave him the results of my evaluation. He seemed to think in this case it went well.
He and I had already been discussing the fact that it would be a good idea for me to get into some type of sex of-fender treatment group before sentencing.
We chose to use Provider "R". I contacted them and spoke to the scheduling attendant for SO group therapy. She called me back several days later
and confirmed a date of when I will begin my group therapy. Please keep in mind that this was after the court ordered evaluation with Dr. "L". When the
scheduling attendant spoke to me on the phone she said that the first step of my first group therapy meeting would be to have a further evaluation by one of the doctors so they would be able to determine which group I should take part in and then after that evaluation I would be placed in my group and start my therapy that day of the evaluation. The scheduling attendant gave me the date and the time to meet with the evaluator; I made note of the date and time. I then contacted my attorney to inform him that I have confirmed an appointment with Provider "B" for an evaluation to be placed in a therapy group.
On the day that I was to report for the evaluation and then to start my group therapy I arrived on time and was met by Dr. "L" (The Dr. that did the court order sex evaluation). She brought me into a small office where a gentleman was sitting. She shut the door and introduced me to him as Dr. "M". At that moment I felt like the sky just fell on my head and was bombarded with question after question and accusation after accusation by Dr. "M" and yelled at by both Dr. "M" and Dr. "L". A very important note here is that in my mental health history for many years prior to this and to date I suffered and still do from depression and General Anxiety Disorder along with recently being diagnosed with PTSD by my personal therapist. During this so-called evaluation I was called names, I was told I was lucky that I was not hit with more charges that I was lucky bail was not revoked yet. Because of this insanity in their presentation to me my anxiety sky rocketed and I became a bowl of quivering jello. Their questions became more intense and got to the point of which where I
had to admit or agree with what they were saying or accusing me of or they would not let up on their verbal abuse. This went on for about 45 minutes. After this intense mental abuse they told me to go wait in their lobby/waiting room and I would be informed as to when I would attend my first group meeting that
day. I waited for about 30 minutes and a woman, I guess the receptionist came over to me where I was seated and told me that I was excused and that I could go home. I asked her why I was not going to attend my group therapy meeting and she said she knew nothing about it but was told to tell me to go home. Not
knowing what was going on and after taking such a mental beating I left as I was told. When I got home I called my attorney and explained what had taken place. He was quite perplexed as to why number one I was mentally and verbally beaten up and why, most important of all why I did not take part that day in my first SO group therapy session. My attorney said he would contact Provider "B" to get more details and to find out why I was not accepted for group therapy.
The events that took place after this is really what shook me and my attorney. After several days of him attempting to contact Provider "B" with no reply or call back from them, Provider "B" compiled a report of my so-called pre-group evaluation and submitted that to the Adult Parole Officer assigned to my case
instead of my first evaluation with Dr. "L" alone with me. Provider "B", Dr. "M" and Dr. "L" falsely used my pre-group so-called doctor patient confidential evaluation as my Pre-Sentence Evaluation in lieu of the original one that Dr. "L".
I now realize after giving it many years of thought that the reason why they sent me home after their second evaluation was to clear themselves of the fact that it was not in their books a pre-evaluation for group placement. If they allowed me to attend the group immediately after that shocking evaluation then the court would look at it more clearly as a breach of doctor patient confidentiality. For what ever reasons my attorney did not pick up on this much sooner and before sentencing is beyond my comprehension.
I had prearranged character letters be written on my behalf for my sentencing. These letters of character were written by a past sitting judge (at that time an attorney), an ex-mayor of a town that I lived in, from my mother, sister and step-father along with my sister's boyfriend and a friend of mine of over 30 years. During the sentencing court session the judge mentioned these letters of character and said he would make them part of the record. It was quite obvious that the judge had already made up his mind as to what my punishment would be due to bias While in prison I did a lot of legal research and found that a judge can not just use a major portion of the PSI as the reason/s to his deviation to sentencing guide-lines. I had no prior criminal record at all, I was always gainfully employed and highly respected by my fellow employees,
employers, friends and family. At the time of sentencing I was 50 years old (March 2007).
Because the judge was submitted the results of the second evaluation (for group placement) instead of the letter that Dr. "L" had said she would write stating that she felt incarceration was not warranted in this matter the second evaluation stated that unless I was incarcerated my routine of sexually offending would not stop.
The sentencing guidelines for my position and this case was that of restorative sanctions to 9 months, 12 months in an aggravated case. The judge deviated from those guidelines stating the reasons on record of the presentence evaluation and sentenced me to 24 to 84 months in a state prison. Even my attorney was shocked along with the Pre Trial Supervisor, who I was under his direct supervision during my entire period of bail. The Pre Trial Supervisor stated to me many times that he trusted me more than anyone else in the past. I followed the rules of bail to the tee. When the Pre Trial Supervisor came in to see me after my sentencing and after I was handcuffed and taken away, he stated to me, "Man, the judge really slammed you!". He had to come in to the holding cell to cut off my GPS ankle bracelet.
To make this a bit shorter my attorney filed an appeal for Reconsideration of Sentence which was quickly denied by the judge without a hearing. We then filed an appeal with the Pennsylvania Superior court which was finally affirmed.
Several months ago I contacted the ACLU about this particular case and what had happened with this matter. The woman taking the information on this stated that she could not believe that my attorney let the courts get away with this. I received a letter from the ACLU weeks later that they did not have the man
power to pursue this case.
I truly believe that my rights were violated when I was under the impression that my pre group placement evaluation was just that, and confidential but instead used to be my PSI report to the judge. I was never told during that evaluation by the Dr.'s that this second evaluation would be used in lieu of the first one with Dr. "L" alone. I at the time of the second evaluation was under the impression that I was protected by doctor/patient confidentiality and did confess to some things but also denied other things. Many of the things that I confessed to (which had nothing to do with this case) as stated earlier was just to appease the doctors so they would let up on the mental pressure. Not once did they say that I had a right to having an attorney present or did they inform me when I first sat in the room that they would be using this evaluation as my PSI evaluation and would be given to the judge. If they used the first evaluation and Dr. "L" wrote the letter to the judge stating that she felt incarceration was not warranted in this case he would have known nothing of my past or anything that was discussed in that second evaluation and more than likely would not have deviated so strongly from the sentencing guidelines.
Presently I am attending SO group therapy with Provider "B". This was not my choice to go here. My parole officer mandates where I go for therapy even though there are many other therapists listed as approved therapists by the Pennsylvania SOAB.
The SOAB report determined that I was NOT a SVP (sexually violent predator) and the courts did not try to pursue this.
A deviation from guidelines of probation for a first time offense to a sentence of 24 to 84 months is quite enormous. My attorney never mentioned anything of the second evaluation in his appeals to the courts. Another thing I would like to state is that my sentencing judge over the years since my sentencing has
sentenced persons who have done far greater sex crimes to far less time than myself.
I realize that sex crimes are considered just as bad as murder by most people but when it comes to civil rights that should take preference over everything else.
I ask here for some guidance please.
In the state of Penn can I start a law suit on my own or do I have to obtain the services of an attorney first and he/she must initiate the law suit.
I originally was charged with four crimes.
Neg Plea Result: Dec 2006, all charges except for one count of - F3 18 sub 6312 sub D1 Possession Of Child Pornography were dropped.
Penalty imposed, 24 to 84 months in state prison.
Sentencing guidelines provide for restorative sanctions to 9 months.
I am on state parole. In my criminal case I was ordered by the judge to be sexually evaluated as part of my PSI (PreSentence Investigation Report) for sentencing. The court ordered that the evaluation be performed by a specific SO treatment provider we will name as Provider "B" for this post. Upon my first (initial visit) evaluation I was interviewed by only Dr. "L". She asked me to confirm that my charges were that of possession of child pornography. I confirmed that was the charge. We spoke briefly and in a calm manner. She had asked me if I had ever viewed child pornography before and I had said no. She asked me if I knew if it was against the law to possess and view child pornography and I said yes. After a bit more
discussion (once again) in a calm manner she said that she felt this was a one time incident and that she would write a letter to the sentencing judge
stating that incarceration is not necessary in her opinion in this case.
After meeting with Dr. "L" I contacted my public defender by phone and gave him the results of my evaluation. He seemed to think in this case it went well.
He and I had already been discussing the fact that it would be a good idea for me to get into some type of sex of-fender treatment group before sentencing.
We chose to use Provider "R". I contacted them and spoke to the scheduling attendant for SO group therapy. She called me back several days later
and confirmed a date of when I will begin my group therapy. Please keep in mind that this was after the court ordered evaluation with Dr. "L". When the
scheduling attendant spoke to me on the phone she said that the first step of my first group therapy meeting would be to have a further evaluation by one of the doctors so they would be able to determine which group I should take part in and then after that evaluation I would be placed in my group and start my therapy that day of the evaluation. The scheduling attendant gave me the date and the time to meet with the evaluator; I made note of the date and time. I then contacted my attorney to inform him that I have confirmed an appointment with Provider "B" for an evaluation to be placed in a therapy group.
On the day that I was to report for the evaluation and then to start my group therapy I arrived on time and was met by Dr. "L" (The Dr. that did the court order sex evaluation). She brought me into a small office where a gentleman was sitting. She shut the door and introduced me to him as Dr. "M". At that moment I felt like the sky just fell on my head and was bombarded with question after question and accusation after accusation by Dr. "M" and yelled at by both Dr. "M" and Dr. "L". A very important note here is that in my mental health history for many years prior to this and to date I suffered and still do from depression and General Anxiety Disorder along with recently being diagnosed with PTSD by my personal therapist. During this so-called evaluation I was called names, I was told I was lucky that I was not hit with more charges that I was lucky bail was not revoked yet. Because of this insanity in their presentation to me my anxiety sky rocketed and I became a bowl of quivering jello. Their questions became more intense and got to the point of which where I
had to admit or agree with what they were saying or accusing me of or they would not let up on their verbal abuse. This went on for about 45 minutes. After this intense mental abuse they told me to go wait in their lobby/waiting room and I would be informed as to when I would attend my first group meeting that
day. I waited for about 30 minutes and a woman, I guess the receptionist came over to me where I was seated and told me that I was excused and that I could go home. I asked her why I was not going to attend my group therapy meeting and she said she knew nothing about it but was told to tell me to go home. Not
knowing what was going on and after taking such a mental beating I left as I was told. When I got home I called my attorney and explained what had taken place. He was quite perplexed as to why number one I was mentally and verbally beaten up and why, most important of all why I did not take part that day in my first SO group therapy session. My attorney said he would contact Provider "B" to get more details and to find out why I was not accepted for group therapy.
The events that took place after this is really what shook me and my attorney. After several days of him attempting to contact Provider "B" with no reply or call back from them, Provider "B" compiled a report of my so-called pre-group evaluation and submitted that to the Adult Parole Officer assigned to my case
instead of my first evaluation with Dr. "L" alone with me. Provider "B", Dr. "M" and Dr. "L" falsely used my pre-group so-called doctor patient confidential evaluation as my Pre-Sentence Evaluation in lieu of the original one that Dr. "L".
I now realize after giving it many years of thought that the reason why they sent me home after their second evaluation was to clear themselves of the fact that it was not in their books a pre-evaluation for group placement. If they allowed me to attend the group immediately after that shocking evaluation then the court would look at it more clearly as a breach of doctor patient confidentiality. For what ever reasons my attorney did not pick up on this much sooner and before sentencing is beyond my comprehension.
I had prearranged character letters be written on my behalf for my sentencing. These letters of character were written by a past sitting judge (at that time an attorney), an ex-mayor of a town that I lived in, from my mother, sister and step-father along with my sister's boyfriend and a friend of mine of over 30 years. During the sentencing court session the judge mentioned these letters of character and said he would make them part of the record. It was quite obvious that the judge had already made up his mind as to what my punishment would be due to bias While in prison I did a lot of legal research and found that a judge can not just use a major portion of the PSI as the reason/s to his deviation to sentencing guide-lines. I had no prior criminal record at all, I was always gainfully employed and highly respected by my fellow employees,
employers, friends and family. At the time of sentencing I was 50 years old (March 2007).
Because the judge was submitted the results of the second evaluation (for group placement) instead of the letter that Dr. "L" had said she would write stating that she felt incarceration was not warranted in this matter the second evaluation stated that unless I was incarcerated my routine of sexually offending would not stop.
The sentencing guidelines for my position and this case was that of restorative sanctions to 9 months, 12 months in an aggravated case. The judge deviated from those guidelines stating the reasons on record of the presentence evaluation and sentenced me to 24 to 84 months in a state prison. Even my attorney was shocked along with the Pre Trial Supervisor, who I was under his direct supervision during my entire period of bail. The Pre Trial Supervisor stated to me many times that he trusted me more than anyone else in the past. I followed the rules of bail to the tee. When the Pre Trial Supervisor came in to see me after my sentencing and after I was handcuffed and taken away, he stated to me, "Man, the judge really slammed you!". He had to come in to the holding cell to cut off my GPS ankle bracelet.
To make this a bit shorter my attorney filed an appeal for Reconsideration of Sentence which was quickly denied by the judge without a hearing. We then filed an appeal with the Pennsylvania Superior court which was finally affirmed.
Several months ago I contacted the ACLU about this particular case and what had happened with this matter. The woman taking the information on this stated that she could not believe that my attorney let the courts get away with this. I received a letter from the ACLU weeks later that they did not have the man
power to pursue this case.
I truly believe that my rights were violated when I was under the impression that my pre group placement evaluation was just that, and confidential but instead used to be my PSI report to the judge. I was never told during that evaluation by the Dr.'s that this second evaluation would be used in lieu of the first one with Dr. "L" alone. I at the time of the second evaluation was under the impression that I was protected by doctor/patient confidentiality and did confess to some things but also denied other things. Many of the things that I confessed to (which had nothing to do with this case) as stated earlier was just to appease the doctors so they would let up on the mental pressure. Not once did they say that I had a right to having an attorney present or did they inform me when I first sat in the room that they would be using this evaluation as my PSI evaluation and would be given to the judge. If they used the first evaluation and Dr. "L" wrote the letter to the judge stating that she felt incarceration was not warranted in this case he would have known nothing of my past or anything that was discussed in that second evaluation and more than likely would not have deviated so strongly from the sentencing guidelines.
Presently I am attending SO group therapy with Provider "B". This was not my choice to go here. My parole officer mandates where I go for therapy even though there are many other therapists listed as approved therapists by the Pennsylvania SOAB.
The SOAB report determined that I was NOT a SVP (sexually violent predator) and the courts did not try to pursue this.
A deviation from guidelines of probation for a first time offense to a sentence of 24 to 84 months is quite enormous. My attorney never mentioned anything of the second evaluation in his appeals to the courts. Another thing I would like to state is that my sentencing judge over the years since my sentencing has
sentenced persons who have done far greater sex crimes to far less time than myself.
I realize that sex crimes are considered just as bad as murder by most people but when it comes to civil rights that should take preference over everything else.
I ask here for some guidance please.
In the state of Penn can I start a law suit on my own or do I have to obtain the services of an attorney first and he/she must initiate the law suit.
