Sex Crimes, Sex Offenders Wife of innocent man needing legal advice

[BrokenHearted]

My husband was recently arrested for supposedly inappropriately touching a child. The thing is, not only have I known this man for 24 years and KNOW he is incapable of it - but I was also present the entire time this event supposedly happened. It simply did not happen and the child in question is either lying to protect someone else or has had a dillusional fantasy. She was molested years ago by a relative and I suspect she has left over issues from that.

We do not have the money to hire a private attorney and am winging it with a public defender. No one seems to know much about the fellow, although he SEEMS competent. He's already hired an investigator, which I consider a positive sign.

Cases such as these have become a witch hunt and I am terrified for my husband. He is nearing middle age and has never been in trouble for a thing in his life. He has scores of friends and family who KNOW he is innocent. He is a highly respected business owner.

What can we do in this situation considering that, contrary to all other known rules of law, we are going to have to essentially prove his innocence? All of us knowing he is innocent is not enough, obviously, to resolve this situation.

The investigator did mention that he viewed the video footage of the child's testimony and many things didn't ring true to him. She also made a statement that perhaps she was dreaming or asleep. This is the only hope we've had so far.

 

[seniorjudge]

Are you saying that the only evidence the government has is a video statement of the child?

How old is the child?

 

[BrokenHearted]

Yes, all they have is her testimony. She is two weeks shy of being 12.

 

[seniorjudge]

Yes, all they have is her testimony. She is two weeks shy of being 12.

Sounds to me from what you have posted that you are doing all you can.

 

[BrokenHearted]

I understand, thank you.

Will it be allowed and/or helpful to have character witnesses and/or affadavits in court for the trial? I ask because there are old friends whom we have babysitted for in the past who are most willing to testify to the care their children received from my husband. We also have many friends and business associates whom we have known for 20+ years. Without exception, every single one has volunteered to be present at a trial.

 

[seniorjudge]

Character witnesses are generally not allowed unless someone puts your character into issue.

In other words, character witnesses are irrelevant in this kind of case.

 

[BrokenHearted]

I see. That is rather disheartening. What about examples of prior past behavior in relation to assuming responsibility and care for someone else's children? My point being that he has been entrusted with the health, safety, & well being of numerous other children in the past and I wonder if this can be in any way used to his defense positively? Also, that he has been alone with the child in question on uncountable ocassions in the previous 5 years we've known the family and there has never been any problems or issues.

 

[Duranie]

It is all going to come down who the jury us going to believe more, your husband or the child.

Why would the girl be saying something that was not true? What could she possibly gain by telling a lie?

You are going to have to depend on the public defender to use his expertise.

 

[BrokenHearted]

It certainly comes down to having to depend on the defender, it seems.

As to her reasonings, I can only imagine she is trying to protect a family member and my husband was a convenient name that popped into her head. She also did mention in her video testimony that perhaps she was "dreaming or asleep."

 

[seniorjudge]

...

Why would the girl be saying something that was not true? What could she possibly gain by telling a lie?

....

Apparently, you have never seen, heard, or talked to a child!

A kid will look you straight in the eye and lie.

My kids taught me that!

 

[BrokenHearted]

Boy, isn't that the truth. I'm not so old that I don't remember lying like a rug when the need arose. That being said, I sure as hell never lied about something this insanely huge.

Apparently, you have never seen, heard, or talked to a child!

A kid will look you straight in the eye and lie.

My kids taught me that!

 

[Duranie]

I have a 2 year old. I also know several children including my 16 year old step daughter that have been victims of sex abuse. Her soon to be ex step father goes to trial in March. My husbands cousin is sitting behind bars right now for sex. misc. w/a minor. It is an ugly disgusting crime and there are many pedophiles walking around the streets today.

The girl might be lying, and it is all going to come down to who to believe.

Anything is possible in todays world.

The girl involved in this mess is obviously very troubled if she is in fact lying. She has been a victim of sex abuse though so I do feel sorry for her. Somebody took her innosense away already.

 

[seniorjudge]

...

It is an ugly disgusting crime and there are many pedophiles walking around the streets today.

....

No kidding.

I am generally against capital punishment.

However, in the case of pedophiles, I have often considered to volunteer to be the executioner!

 

[tongebutterrfly]

I Know what your going thru

Brokenhearted
I know what you and your husband must be feeling, My husband is also being charged with child molestion to a neighbor girl who also has been abused by her father. It really surprised me to see your story on here, It was like readying my own story. My husband is 46 and hasn't been in trouble with the police sence he was 19yrs old for a public intocation. No family and friends do not beleive that he done anything to the child considering we rent a 2 bed room house and the day in question we had our 5 childern at home, myself, and other family members that was staying with us, and the fact that I and our childern can account for that entire week cause of it being a holiday, As with your case the only evidence they have is the childs interveiw. sounds as your public defender is at least doing something. Ours won't even talk to me, and has only been to the jail twice in 7 months to speak to my husband. Bail was set so high that we can't even come up with the 10% for a bails bondsman. Good-luck with everything and my prayers go out to you and your husband.

 

[seniorjudge]

How old are the kids?

 

[tongebutterrfly]

my childern are 10, 11, 13, 14, and 22 that was their ages at the time my husband got arrested.

 

[Duranie]

What is your question?

 

[seniorjudge]

my childern are 10, 11, 13, 14, and 22 that was their ages at the time my husband got arrested.

And everyone of those kids say your husband molested them?

 

[tongebutterrfly]

no, those are the ages of mine and his childeren, there is only one saying he touched her and she's a neighbor girl that lives up the street. His charges has nothing to do with our childeren. My question is how long can the hold a person on pobable-cause?

 

[seniorjudge]

no, those are the ages of mine and his childeren, there is only one saying he touched her and she's a neighbor girl that lives up the street. His charges has nothing to do with our childeren. My question is how long can the hold a person on pobable-cause?

Keep your questions and comments in your own thread.