~ Wrongful Convictions ~
The Circle of Destruction
Do you have a story of wrongful conviction?
posted by ~Free Darren Koehn~ at 12:24 PM
February 24, 2005
~ Wrongful Convictions ~
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33 COMMENTS:
This is a minor one, but I wrongfully convicted of speeding about a year ago. The officer provided no evidence at trial and when it was obvious I would not receive justice I demanded a jury trial. The judge denied my demand and found me guilty, reducing my fine from $390 to $146, thinking that if he did so I wouldn't fight it any more.
I took the case to the Appeal's Court and after showing that the officer provided no evidence and my right to a jury trial was denied ruled the following:
The simple testimony of an officer is sufficient evidence to convict and shifts the burden of proof onto the defendent. The police did not need anything but the words "xyz was speeding".
The court also ruled that I was not denied due process when my demand for a jury trial was overruled. Even though both the California and US constitutions do make exceptions, the court ruled that infractions (traffic tickets) are not entitled to those rights.
Like I said, it's a small injustice compared to being charged with murder, but it just goes to show how screwed up our legal system is.
I feel exactly what you guys are going through right now. We have the same problem with Wrongful Convictions here in the states. I'm currently working with a guy in AZ who was wrongfully convicted of Murder. All forensics evidence, dna evidence and defense witnesses were NEVER presented at the pre-trial, initial trial and the appeal.
We are going through the Justice Project www.innocenceproject.com to get him out. As well Bush signed into effect the Innocence Protection Act which requires that inmates have access to quality DNA testing to prove their innocence at the state/federal gov't's expense. Please utilize these things as they may be what helps you and your situation if you are in the States!
Ya'll are in my thoughts and well wishes.
Here is the story of my 17 year old son.. falsely accussed and convicted. http://innocentbutprovenguilty.com
Paul Morin
We as Canadians have experienced another miscarriage of justice in regards to the conviction of Carline Vandenelsen and Larry Fink for not willingly abandoning their child Mona Clare to the govenment of Nova Scotia.
For more detailed information and a petition for a public inquiry please see http://carlinevandenelsen.blogspot.com
TORONTO. April 18, 2005.
Imprisoned for non-threatening Letter writing?!
~~~~
Reaction to a letter-writing campaign and protests was not long in coming. Today Brad Love was released from prison after a courtroom appearance in Toronto’s Old City Hall. “Mr. Love was released on time served with strict conditions,” Love’s lawyer Peter Lindsay announced this afternoon.
While free, after a hasty plea bargain, Mr. Love becomes a gagged political non-person.
For the next 1,000 days, he explained from his Etobicoke house this evening, “I am to have no contact with any elected political official...
It’s unprecedented anywhere in Canada. That’s what they do when they have you between a rock and a hard place,” he said of his six weeks in jail for writing letters to MPPs.
Link to Brad Love article
My father has been in prison for almost 11 years. I believe he was falsly convicted of the murder of my grandmother and feel so completely helpless. Once a month he has been calling for years and slowly he is losing hope. He has missed out on 7 grandchildren and the peak years of his life. What scares me to death is that the person who truly is guilty is out there somewhere. There was no physical evidence placing my dad at the murder, he was convicted on his confession alone. All he is asking is for DNA tests to be done. They have fingernail clippings from my grandmother but still have not tested them to this day. What would it hurt? I don't understand how those police officers can sleep at night knowing that an innocent man is in prison, they know what they did to my Dad to get him to confess to something he didn't do! I just don't know where to turn to help bring dad home and allow my grandmother to rest in peace. It breaks my heart.
By MICHELLE O'DONNELL
Published: August 11, 2004
former Westchester County special-education teacher who was convicted in 2001 of engaging in sexual relations with three teenage students did not receive a fair trial, the state's Appellate Division ruled on Monday.
The four-judge panel ordered that the teacher, Marci Stein, 32, receive a new trial because prosecutors failed to disclose to defense attorneys that two of the students who accused Ms. Stein had filed notices of claim of their intent to sue the school district.
Ms. Stein's lawyer, Richard Greenberg, said, "I'm relieved and happy that justice has finally been done." Ms. Stein, who received a 12-year sentence, has been in the women's prison in Albion, outside Buffalo, since November 2001.
A spokeswoman for the Westchester district attorney, Jeanine F. Pirro, who prosecuted Ms. Stein, said that Ms. Pirro was reviewing the decision and had not decided whether she would retry Ms. Stein.
In the decision, first reported yesterday in The Journal News, the judges wrote that the fact that two of the teenagers were seeking damages against the school district based on Ms. Stein's conduct was "highly relevant" to their credibility.
"The failure to turn over this evidence was aggravated by the prosecutor's argument during summation that there was no evidence that the complainants were bringing civil lawsuits as a result of the defendant's conduct," they wrote. "There is a reasonable probability that this failure to disclose affected the outcome of the trial."
Ms. Stein was a teacher at Hendrick Hudson High School in Montrose in 2000, when allegations surfaced that she had had sexual intercourse with a 16-year-old student and had performed oral sex on two other boys during tutoring sessions at her home between April 1999 and January 2000.
She was found guilty of felony charges that included statutory rape, sodomy and sexual abuse.
The story of Taylor G Wells is at www.taylorwells.org
Noted author, Kay Day ( www.kayday.com ) is unfolding the story in a book, ONE NIGHT FOR LIFE, and detailing her involvement at http://onenightforlife.blogspot.com
I have added another blog to discuss the case at http://justicefortaylor.blogspot.com
Taylor has submitted a motion this month for a vacation of sentence and a new trial. He has been imprisoned for 12 years.
Thank you.
Millions of innocent people get wrongly covicted for something they never would think of doing! everyday.Please let this story be heard. We need some ones help!!
I am writing to you on behalf of my boyfriend of a little over three years now,I come to you with his wrongly accused story. Here we have a 27 year old Nathan Gerry who has wanted nothing but to raise the two kids he had adopted back when he was 17-18 years old and his very own child with a woman he was married to for 5 years,To only find out that his wife would some day find another man while they were married.Now he has been getting in to nothing but trouble sence she has been wanting to move on with this other man. She has been doing nothing but calling the cops on him for everything she can! The last time she had called the cops it was for very big charges of gross sexaul assault against him on the little girl whom he had taken upon him self to be her dad and raiser her well.
The very last day the family was as one, Nathan got told by his daughter that mommy was kissing david, being upset he took her(Marcie) in the bedroom and asked her what was going on,Marcie was yell at him that he would never see his kids again, because she knew they ment the world to him. He was so upset he slapped her accross the face and the cops where called, and Nathan was put in hand cuffs for domestic assault on her.He at this time did 6 months in county jail for this crime.His friend had gone to Nathans house to talk with his wife and she told him to tell Nathan she would do everything in her power so Nathan will never see his kids again!! and it just so happened that these gross sexual assualt charges had been put against him a few weeks or so after he gets out of jail.It took the investigater a few months to get the reports done, Then they(state troopers) had called Nathan up at my house witch he was living at the time,and told him he needed to turn himself in and what it was all about. Nathan hung up the phone and was crying, he could not believe what he had just heard. He had asked the officer if he could have 3 days so he can get bail money settled, she said he could. At the end of the 3 days he turned him self in scared as hell, but he did not do it so he stood up for him self in what he thought would be the right thing to do.Nathan was once again in county jail for 13 days untill they let him make bail. he was released under house arrest and was to call the state trooper (lead investigater) involved in this case,Nathan was to call her every week! and that he did, half the time she (the trooper) would never call him back! she never checked on him once. She had at one point told him that she thought Marcie (his wife) was calling just to get him in to trouble. Then she goes to court for Nathan, because Marcie had called in on Nathan and just about had him arrested once again.At this time the trooper stated that nathan was doing what he was suposed to do,so the DA let him stay out.When the first trail came she the trooper went in saying she believes this little girl.This state trooper investigated the family at the time of the report, this little girl told the trooper, that her daddy Natahn Gerry had been sexualy abuseing her since she was three years old. And that her brother had walked in on this happing with Nathan and Her (angel). When her brother took the stand in court both on the first and the second trail,he says never saw Nathan doing anything sexual to his sister Angel, he says he walked in on Uncle steve doing something with Angel, The state trooper failed to put this in her reports, She said "they did not want to mix both Nathan and steve up"!! so at the second trail she claims they put a warrent out on steve as of april of this year (2005), because they can not find him.They claim he is out of state somewhere. Also Stephen Gerry has a history of being with youger girls!! NO ONE took that in to consideration.
Here Steve sitting at home when they should of caught him on the count that they had an eye wittness seeing him do things to this little girl.Angel is telling the jury she told her mom about her brother walking in on her and Nathan,But her mom states Angel never told her that.Nathan sits in sommerset county jail and awaits his sentence scared to death on how long he will be there for the crime he did not do!!
The charges go as follwed ....count 1, One or more Occasions between jan. 11 99 and jan. 10 2000 ...count 2, one or more occasions between jan 11 2000 and jan. 10 2001.....count 3 one or more occasions between jan.11 2001 and sept 10 2001.The jury had found Nathan Gerry guilty on the last two counts both times and plan on holding the other man to the other count, but the thing is Angel said she was sure Nathan started doing this when she was three years old. when the atternoy asked her is she sure who was doing this to her she said "I DONT KNOW . i'm confused i Just know they did the same thing to me". She says it happened every night mom would go to work.When her mom first started this job at the tannery Nathan had a job not long after she did working the same place 1 hour less then her hours. night shift. Then they both got new jobs hers was a cleaning job and his was personal care work ,3 nights double shifts sat, sun, and monday nights. He would also work other shifts during the week once in a while. Then Angel states her uncle would babysit her and the other 2 kids on the monday nights when both Marcie and Nathan would work. And now the mom gets on the stand saying that Nathan had a day job while she worked nights,and that he worked 5 days a week. whitch was not true!
Brandan (the brother) in the court room was asked to draw a picture of the trailer and lable the rooms. The parents room was in the living room and brandans room was on the left and the girls room was on the right. Then Angel comes in and tell the jury where the bedrooms were, she pointed out the rooms as her on the left and brandan on the right. Mom(Marcie) comes out and says the trailer set up the same way as Angels brother said.
In the opening of the DA he states that " Angel is going to come in here and tell you that her dad Nathan was doing a certain thing to her and yet her brother Brandan says he saw uncle steve doing it! then the DA said she will say this would happen every time in the living room (in whitch brandon would have to walk through to get a drink at night to go to the kitchen)but on 3 specail ocasions it happened 2 times in the bathroom and once in her room. But yet during the trail Angel does not remeber anything about stuff happening in the bathroom. But when the trail was in court the first time she said stuff was going on in the bathroom. and does not recall saying it.
Also Nathan neice Jeny Dail who would be over there alot because her and her parents did not get along very well.Jeny would also be there when she has school vacations (Feb,April,Dec). she would babysit during the week as well,and when Marcie took the stand she says"I do not believe Jeny ever watched the kids". Jeny states Marcie would try and pay her in food stamps for babysitting them.She(Jeny) would sleep in the same bed as the two girls when she stayed the nights there. Nathans lawyer failed to let Jeny take the stand to say any of this.He also failed to his (Nathans)friend Scott go up and tell the jury what marcie told him.Mr.Jabar felt it would open new doors for stuff to come in that would hurt Nathans case.Jeny Dial was a real cose friend to Marcie,and kept that Marcie was seeing this guy away from Nathan because she never thought it would come down to this,and that it was nothing serious. Alls Nathan wanted was for everything to come out so the jury could see how Marcie and Nathans last bit of their life ended.Then they would know really what was going on here.When Marcie had left the court room she walked into Jeny Dail elbowed her and was laughing that the jury found Nathan guilty.The judge asked about specail instructions for Nathans bail, the DA wanted Nathan held with out bail. because he violated probation (in whitch Marice called or had someone call for him smoking pot) Sothen the judge decides because of the family and friends emotions (Jeny running out screaming and everyone crying) he fears letting Nathan out for the 3 day weekend!At this point Nathan was mad he threw the chair out of the way , they put cuffs on him and one court room officer was not going to let him hug his family good bye,So Nathans mom asked Dick (another officer) if she could hug him and he let her as well as the rest of the family. Later they sat him at the back of the court room and told them "I am not going to run ,I just want to go home" as he sat there and cried.
Nathan will continue to stand for his innocence. He wants to come home,and he wants to beable to see his kids again! he misses them so much. he has letters that he wrote them that he can not send out. he was ordered to have no contact with them at all.His little girl he had with this woman he has not seen since she was like 3 yrs old , she is now 7. he crys all the time because he has missed so much of her life already. He just wanted to be there for her and the other 2 like a good dad would. So PLEASE help Nathan Gerry out of this mess Marcie has gottin him into!! He is crying everyday and stressed to the max! He just want to come home!!!!!!!!!!!
There was physical evidence what so ever, the only thing they are going by is what this little girl is saying about Nathan when there was the eyewittness on the other man (uncle steve).Something is not right here!
There is alot more to this story believe me. If some one out there could help Nathan Gerry ,Family and Friends out we would SO Greatful.My phone number is 1-207-778-0132.I hope to hear some help is on the way!
Thank You For Your Time Reading This,
Nathan's Girl Friend Mandy Thibodeau :)
I happened upon this site in canoe.ca thanks to JustUsFighter. I'm pretty ignorant of the facts regarding this case, but will become better informed once I have had the opportunity to review more of the material that is available online. I will add this, why wasn't the lesser charge of involuntary manslaughter considered? Or was it an option?
I also find it disturbing that somebody like Karla Homolka can be released on parole for more heinous crimes while Darren's parole bid has been rejected. I haven't come across any documents regarding the parole boards decision, is there any available?
Based on what I have read so far I'm no longer convinced of his guilt. I was in another site but now I'm not so sure. I'm confused at the moment.
Justus,
A little insight about myself.
-I have worked with both federal and provincial inmates in Calgary. I was a program facilator and case management worker for the Seventh Step Society. I have no doubt you are aware of the organization. I helped develop and create a module "Taking Responsibilty".
-I was an integral part in helping others to stay out of prison.
I'm not sure if I can be of any help but I would certainly like to try. canadiangypsy@austarnet.com.au
Hello everyone -
This story is about my brother, a young man who has now served 13 years in the Florida penal system. He was falsely accused and wrongfully convicted of molesting his step-daughter. The story is a long and sad one but unfortunately as I have learned fighting for justice - a not so uncommon one.
There was absolutely no evidence that he committed this crime. He has without exception proclaimed his innocence since the very start of this whole fiasco. There was no physical scarring(anal) which is what she claimed to have expereinced more than 7 times in less than a 3 month time frame, no broken hymen or any other indication of penetration, no DNA (because there wasn't any to find). She was unable to describe certain absolutes about his gental area which are very distinct in nature. There is just no evidence whatsoever! This is purely a case of a child who lied and got away with it. It is also a case of a child who wanted to see her biological father and mother back together again. It is interesting to note in this case that the biological father and several of his immediate faimily were either serving time for rape of a minor or child molestation shortly before this child accused my brother. It is also interesting to note that violent sexual behovior by her father including forced anal sex is the reason for the divorce. It is also a case of large violations of due process up to and including a 6 person jury for a capital case, which by statutes in Florida must be tried by 12. We have had quite a bit of difficulty along the way with the appeal process due to insufficent representation by his lawyer, who allowed so much to go on in the court room without objecting to it. Witness were not called, evidence was lost (time cards and other things that would have proven his whereabouts when she said he was abusing her), pornographic magazines and videos that depicted the exact acts she described...I think that you all are getting the picture. This caused many of the obvious points not to be preserved and therefore cannot be used on appel. We have been able to put together an appeal, as difficult as it has been and it has been sent to the 11th Circuit. We hope that the courts will see the error of his incarceration and set him free.If there is anyone out there who thinks that they might could help with the appeals process for him or have questions that I might be able to answer or just want to talk you may email me at RoysHope@aol.com. You may also visit the site that I made for him at www.hometown.aol.com/royshope/index.html
For those of you who have family or are going through injustices yourselves, my heart is with you. The fight is sometimes long and hard, there are times when you think that the struggle is just too much or that justice will never be served. Do NOT give up hope. May the Great Sprirt guide you in your quests and may all that you ask for be granted.
Bright Blessings -
Jeanette
Thrown in jail for a murder they didn’t commit
"This is like a crime"
May 2, 2003 | Page 4
Dear Socialist Worker,
Last December, Gildo Teixeira was quietly released from a Rhode Island prison after serving five years for a crime he did not commit. Two other codefendants still languish in prison.
Joa Resendes was stabbed to death on December 27, 1997, during a fight outside a Providence nightclub. The only reason that Teixeira and his two codefendants, Jorge Depina and Joa Monteiro, were ever charged with the murder was because of mistaken accusations by one of the stabbing victims.
Once Providence police had several men in custody, they decided to build a case against Teixeira, Depina and Monteiro. From the beginning, witnesses were inconsistent, giving wildly different descriptions of the accused and of events on the night of the murder.
During one lineup, the defendants overheard a detective tell a witness, "Just pick any three of them." One detective told Monteiro, "Tell us who did it, or you go down for it." All defendants were questioned without a lawyer present.
In the five-year history of this case, witnesses’ names, evidence such as the victim’s shirt, and even court documents are missing or lost. There is no physical evidence connecting the defendants to the crime.
Gildo Teixeira recently told me that he suspects witnesses were intimidated and manipulated. One of the victim’s relatives testified that she had seen Depina stab Resendes, but outside court, she told a friend that she hadn’t seen the incident.
Even after the trial, when the appeals court finished hearing the legal arguments, the prosecution approached Teixeira with a total of five deals--which he eventually turned down, since they required him to implicate Depina and Monteiro.
Teixeira, Depina and Monteiro are Cape Verdean-American. The jury was all white and middle aged. "They wanted to release me quietly," said Teixeira, so there wouldn’t be any press attention on this case. But Teixeira will not be silent about his and his codefendants’ innocence.
Currently, the state is trying to retry Teixeira for murder, and Jorge Depina has had his appeal denied. Maria Depina, Jorge’s mother, says that conditions at the Adult Correction Institution, where her son is being held, are deplorable.
"This is like a crime," says Depina. "My son is not eating the food there. Every time he tries, he throws up." Jorge has had medical treatment and is on a liquid diet because he was losing so much weight, she says.
Maria also vows to keep fighting until there is justice. "I want this to go on until everything that they did comes out," Maria says. "They tried to keep Gildo’s mouth shut, and they took away his job, his school, and now they don’t want to pay!"
John Osmand, Providence, R.I.
http://www.freekenmarsh.com/index.html
Press release by Thor O. Emblem:
Celebrating the reversal of Kenneth Marsh's conviction on August 10, 2004,
Ken Marsh has had twenty one years to thoughtfully consider what these first days of freedom might be like. Including the possibility some people might try to play down the importance of this historic event. ...
Ken Marsh was prosecuted during a wave of child abuse prosecutions during the 1980's, many of which were investigated by grand juries and later found to be wrong.
Any Mother, Father or other care giver who has the ill-fortune of a child being accidentally injured while in their care could be faced with the same fallacious charge. A child who turns over their tri-cycle, falls from a skate board, or simply slips in a bath tub and suffers a severe injury or death, provided fodder far zealots to claim that it must have been child abuse.
The law, however, requires that innocent explanations be eliminated through differential analysis before you can claim an injury is inflicted by another. To do so without differential analysis is both fallacious logic and a terrible mar to our system of justice.
Phillip Buell fell from a sofa and cracked his head on a brick fireplace hearth, His existing medical condition contributed to the speed by which his brain swelled. This is what the evidence establishes.
Phillip Buell was an easy bruiser and rescue efforts left bruises on Phillip that were placed there by doctors and paramedics trying to save his life. This is what the evidence establishes.
Kenneth Marsh is and was a kind and gentle man who simply never possessed the propensity to injure Philip Buell. This is what the evidence establishes.
Phillip Buell's death was a tragic accident. Kenneth Marsh's prosecution was a tragic mistake. A very tragic mistake.
For more press releases click here
http://www.freekenmarsh.com/press.html
My brother was wrongfully convicted for building a bomb which exploded while two police officers were examining it. One of the police as killed and the other was seriously wounded. He is serving two life sentences with no possibily of parole. He did not build the bomb, nor was he involved in any conspiracy a bomb. The federal court will not hear the evidence that clears him. There was a discovery channel story about his case (a conpletely inaccurate depiction of events)
Thanks
David W.
February 4, 2006
The following is a copy of a letter that I sent to the judge who resided in my case back in 1982, he is still there. Those of you who have faced similar experiences, please know that you are not alone. Twenty-four years have passed. I never had any reason to question whether my case would be handled properly, I trusted the court system, yet, here I am reliving my past all over again, only this time it hurts more.
Here is the copy Dated
December 27, 2006
In June of this year, after having applied for a job, I was informed by the personnel officer that I had a conviction that I had not reported on the application. I told him that I understood that my case was a deferred adjudication case and was dismissed the year after I served a twelve month probation for a DWI in June of 1982. I waited a few months, thinking that maybe there was a mistake on the part of the job agency, no one had ever questioned it before which is why I never looked into it. I believed that it had been taken care of back in 1982-83. I eventually ordered a criminal records check on myself in October 2005 and there are no words to describe what I felt when I saw what had been reported by the county clerks office. All of these years, twenty-three years to be exact, it was no wonder, in applying for jobs that people would ask me if I had any convictions during interviews and I would answer "no", it made me look like a liar. I am having a difficult time in my life trying to understand what happened twenty-three years ago when my case was reported to the Texas Department of Public Safety as a "Convicted" case by the county clerks office. I can only say that all of this is like reliving my past all over again with the same feelings and emotions that you can only imagine, along with a deep sense of injustice.
I contacted the county clerks office to order a certified copy of the judgment, I waited as long as it took until they found it. Sure enough, it was an "Order of Dismissal" signed by you. After I called the county clerks office they did finally contact the Texas Department of Public Safety in October 2005, twenty-three years later to fix the incorrect notation. Twenty-three years ago you told me that this case was not even going to be reported to the Texas Department of Public Safety once I completed my term of probation. Other comments that were made were that I did not even have to report what had happened once I completed my probation and I obeyed the courts orders during that time, which is what I have done all of these years. Please help me understand what happened? Were the Laws in deferred adjudication cases in 1982 different from what they are now. In reporting an old case like mine, did the county clerks office go by 1982 or 2005 laws, and is there anything that you can give me in writing to help me explain to those who still hold on to incorrect reports, or who have a hard time believing that something like this could have happened to me.
Since 1982 I returned back to college, earned several degrees, got married and have been for 20 years, raised three wonderful children, I don't even have a speeding ticket, and yet I feel like I have nothing, because no one will hire me. Your honor, please help me clear this matter up so that I can go on with my life.
Thank you and I look forward to hearing from you soon.
Respectfully submitted,
Lady J, I have posted a reply to you on your blog, linked above... please see it there.
My family is currently trapped in a horrific nightmare. My 11-year old daughter, out of anger for having been disciplined, accused my husband of molesting her. This happened on May 17, 2005.
Based solely on the statement of an 11-year old, my husband was arrested and subsequently indicted on 3 first degree charges, which carry a maximum sentence of 30 years in prison. No physical evidence, just based on the finger-pointing of a child.
Despite her subsequent recantation and my husband having passed a polygraph, the prosecution won't let go. We have no choice but to fight. Because of the restraining order, my husband and I haven't lived together for over a year. This travesty has cost over $100,000, and to date, we have no idea when he will be granted a trial date.
For the whole story, my thoughts about our broken justice system and other assorted rantings and ravings, see my blog on blogger.com ... Brokenfamily.
My husband and I are currently living a nightmare. On May 17, 2005, my 11 year old daughter, out of anger for having been disciplined, accused my husband of molesting her. He was arrested and indicted on three 1st degree charges that carry a maximum sentence of 30 years in prison.
All of this because an 11-year old had a bad day. No physical evidence. Just her finger-pointing.
She's since recanted; he's passed a polygraph, yet the prosecution won't let go. We have no choice but to fight the charges. Because of the restraining order to "protect" my daughter, we haven't live together in over a year. This debacle has cost over $100,000 to date, and we have no idea when his trial date will be set.
All because an 11-year old had a bad day.
Check out my blog for the whole story, my thoughts on our screwed up justice system, and other assorted rantings and ravings...
Brokenfamily on blogger.com
I WAS BEING STALKED AND HARRASSED BY A GUY OBSESSED W/ ME AND HE TRIED TO BREAK MY NECK THE DAY AFTER CHRISTMAS. I COULD NOT EVEN DEFEND MYSELF. WHEN POLICE ARRIVED AT THE SCENE, THE GUY TOLD HIM I WAS HIS GIRLFRIEND AND I GOT ARRESTED FOR PARTNER ASSAULT.THE OFFICER SENT THE AMBULANCE AWAY THEN TOOK ME TO THE HOSPITAL ON THE WAY HE MOLESTED ME. TRUE STORY !!!
Here is YET another surreal story. My only son convicted of a crime he NEVER did.
DNA will not even help him. Because he wasn't there to do the crime. Botched police investigation, only one witness, his ex-girlfriend etc
freebyroncase.com
Sometime it feels that everything one does is in vain....
I have done two and a half years for a crime I hadn't done. In 1992, a 17 yr. old was going with a 23 yr old fellow. At the time we didn't know anything about the fellow, & thought he was a decent man. Eventually it came out that he was married, & claimed he didn't know where his wife was. We are Christians who believe in what the Bible teach's, and told him that he shouldn't be dating when he is married. We told him that he had to stay away from her. Eventually they were staying together at his place. Eventually she got pregnant. After she gave birth, we had helped take care of the baby. One day as we were downtown, she came over to our car with tears in her eyes. Her baby was in the hospital and they wouldn't let them have the baby back, because of a mark that appeared on the babys neck. She told us that her boyfriend was home that night while she went downtown to do some shopping, and the mark was on her neck, so they took her to the hospital. She said a detective had talked with him and he claimed he didn't have anything to do with that. I said to her, 'He is a lier isn't he.'
She walked away with tears.
It wasn't long when I had a detective come up to me, asking about molesting this 17 yr. old when she was younger. He started bringing up other names. I kept telling him no. The last time I went in to the police department, he had an interview with me on tape. The 1st. side of the tape I kept denying everything. When he went into another room, foolishly, I was thinking that if I said yes I did this & that, they would recant their stories.
In 1993 I was arrested on hearsay only. I knew very little about the court system at that time, and didn't have the money to fight. I had a court appointed cheap attorney. I asked about taking the polygraph test. They finelly set me up for the test. I failed the test. I found out much more about those kind of test later. They are not good. My attorney told me that the DA came out with 46 to 60 months and asked if I wanted to take it. I told him no, I'm going for the jury. A week later he came up to me stating that the DA came down to 30 months. Again I said I wanted the jury. My corrupted attorney told me to think about that because if you lose, you could get 15 to 20 years if you lose. I was scared knowing a little about what is starting to take place with these type of crimes, ending up taking the 30 months, and 5 yrs. of probation.
If they would have left me out within the 1st. 10 months, with the anger that was built up in me, I would have gone for revenge, thinking that anyone that can point their fingers at me like that, deserves it. I most likely would have been back in for the rest of my life. Now I'm glad for the experience I had gone through, as it has shown me what many of the men & women goes through after released, that is shameful in itself. I ended up being put on the sex registration list for life, for something that wasn't thrown at me in the court. That alone is against the constitution. Today, I will not allow a child to be around me alone, and have friends who told me right out they would not have no fear of me.
Also while I was in prison, my wife named another fellow who may have been involved. Also this 17 yr. old and the 23 yr old has gotten married, and moved a long distance because of the fear at the time, when I would get out of prison. My wife told me that someone else was after him also. We have been in contact with them by phone with this young lady since, & we had to forgive each other, my hatered I had, & for what she had done. We don't know where her friend is at this time, who didn't back done.
This young lady told me that she could never trust in the judicial system anymore than I do.
I am a 19 year old girl.I am being wrongfully convicted of rape 3 and sodomy 3.I have never been in any kind of trouble and now I am facing these charges.
What really happened is that I was engaged to someone and he was 21.He has 3 brothers.2 of them raped me.One of them was 19,now 20 and one was 14,now 15.On June 2nd,2006 the 14 year old was in the middle of this and the guy I was engaged to walked into the living room.I ran into the bathroom and he came into the bedroom where his brother had taken me.He saw his brother naked and freaked out and then held a knife to himself,saying he was going to kill himself.I came out of the bathroom and got the knife from him and he assumed I was having sex with his brother.He called the cops and they arrested me.They never did a rape kit on the kid and I went to trial on Oct.25th,2006.Just last week and the jury found me guilty.
They found me guilty of 2 counts of rape 3 and 1 count of sodomy 3.The max. sentence is 270 days in jail,10 years formal probation,and 10 years registered sex offender meaning I couldn't go to schools,parks,playgrounds,or anywhere where there is kids.I already spent 3 days in jail.What's really messed up is that there was also no evidence.The 14 year old kid admitted lying to the cops,changed his story 3 times,came to court high,and came to court in shorts and skate shoes.
The worst part of it all is that those 3 guys stole my whole life from me and are making me pay for their stupidity and mistakes.And the other worst part is that they are out there,free and laughing about this,doing drugs,dealing drugs,getting drunk,and raping other girls.The 19 year old even admitted to me that he did this to someone before me.And even though there was no evidence,the jury still said I am guilty.If you have any comments,please write me at mandi386@hotmail.com.Thanks for reading.
Mandi Maria
I was convicted of a criminal offence while I was in a deep depression. When I was first arrested, the police told me that they knew that I didn't do anything wrong. They told me that they wanted the name of a person who they say was selling drugs while using my car. To make a long story short, I pleaded guilty because I did not have the energy to go through a trial to fight for my innocence. Now that I'm no long depressed, I feel that this should never have happened to me.
hi my husband before I even knew him was wrongfully convicted of molestation. He was seeing the mother when he started to cheat on her after he caught her with her ex husband. She then accused him of molesting her daughter. He has a ninth grade education and had no understanding of the law.
The police officer who questioned him threatened him with 32 yrs in prison if he didnt confess. My husband who was without defense attorney because they did not explain to him since he could not afford one the courts would assign him one talked with the officer.
Being ignorant of the law was my husband only crime.
When I saw the court papers and read all that was in there they didnt have any evidence except as to what she said. They pressured my husband by telling him that if he really loved the child he wouldnt put her through a trial. His public defender didnt even help him at all but he sure went to court 1 day after his trial to get his fees from the court.
Now he must register for life and now the idiot govenor of the state we live in wants him to carry an id that says he is a sex offender and it the conviction happened 13 yrs ago and in another state.
We need help if anyone can help us please let me know.
www.setmaxfree.co.uk
Hi All,
Since my father has been wrongly imprisoned it has shocked me to find out just how many miscarriage of justice is out there in our world that we live in.
We myself and family started campaigning for my father it was only at that point that i realised to just how many wrongly convicted people there is out there.
it breaks my heart to read so many sad stories and it rips my heart out to see my father in prison for a crime he did not commit.
it is so hard fighting for my fathers case because he has been accused of of abuse to his step grandchild. we have recently started our website www.setmaxfree.co.uk my father has not been sentenced yet as he was only found guilty in november 2006 he is due to be sentenced in march of this year.
The story of my fathers case is a long one., but i will keep it as short as possible.
My brother seperated from his girlfriend over 7 years ago. We had not seen this girl that was once accepted as a part of our family in any of them 7 years. This girl then turned up at our homes. she was no longer the girl that we all once new. She was trouble to say the least.
as horrible as it sounds, after us refusing her to live with usbecause she was so much trouble, its horrible to say but yes we turned our backs on here and when we did that she made the allegations against my father. there was NO DNA no EVIDENCE what so ever. Her words and her words alone put my father in prison.
Our website has a forum and we need as much support as we possibly can to make a stand against this injustice. Please join our forum, you dont have to chat there if you dont want to the member base is all that counts it shows people that we will not stop fighting and there are others out there that are fighting for injustices too, if you want to share stories in our forum you are welcome too. if you are campaigning and would like your link added to our site then please email the site and we would be happy to help you by getting our supporters to join your campaign, everyone should stand together and put the injustices in this world from wrong to right!
Please visit this site.
http://www.justiceforkevin.org.
We would appreciate any assistance or promotion for the site you can offer. Thanks!
Help my family exonerate my brother Eric Koskela. http://www.erickoskela.co.nr
I am seeking justice in my son case. My son was arrested for parole voliation on March 28, 2006. He has been wrongfully sentenced an additional 13 years in Federal prison. The judge did not review the case and the court appointed attorney admits that he did not represent my son fairly. I need someone from your organzation to please review my son case and help me free my son from this nightmare. I am not good at writing but I am willing to talk with any one who is willing to help. Please don't let my child slip through the system unnoticed to anyone except me. You may contact me anytime at (334)874-4536.
Sincerely,
Esther Diane Lee
My fiance, Charles Mick, is currently serving 80 years prison time for a crime he did not, nor would ever even think to commit.
The mother of his daughter accused him of molesting the girl and sodomizing her son. The accusations were made after she found out he was engaged to be married. She had always used her daughter to control Charles, trying to keep him from seeing other women. She would deny him his legal visitations if she knew he'd be with another woman during that time.
The mothers story changed numerous times during the "investigation" right through the trial. The stories from the people she had officers question about the incidents didn't coincide with her own. Everyone had a different story.
The physical evidence supports his innocence as there is no trauma to the genitelia nor anus of either child. The children got on the stand during his trial and denied anything happened but that their mother had told them something had. The people who testified for the prosecution was either law enforcement who never even met Charles or who accused him of lying when he said he'd never seen his daughters vagina. Others who testified for the prosecution were friends of the victims family, including the boys councelor (the only one of many the boy had been seeing to testify).
The only reason he is serving any time is because the DA convinced a close-minded jury that it COULD have happened and WOULD again if he wasn't imprisoned.
What this woman did is mental abuse of her children, emotional abuse of Charles and his family, as well as abuse of the legal system.
We're needing help in getting him home. He's supposed to have an attorney working on an appeal. But he's written to the attorney twice and has yet to hear back from him. I don't know what is going on. All I know is there is yet another innocent soul locked away because someone was upset about something.
Sincerely,
Heather Ormanian
radjr. said: I was falsely accused and convicted of sexcually raping my son. I was given a life sentenced and after 16 months was realesed on my first appeal. I was awarded a chance for a second trial however, the way that i was railroaded in my first trial, was the same way that I was being railroad in this one. I was recently forced to plead guilty to count 9 of intimidation, while counts 1-8 of gross sexual imposition and rape were all thrown out. The judge refused to allow the evidence for my defense in the trial that would have not only proved my innocense but demonstrated the lies of my son, and his mother, as well as her continued biasness, and deliberation to convict an innocent man. Now, I am trying to have the plea revoked because I was forced to make it due to my attorney, the prosecutor, and the judge intimidating me to make it. This is now blocking me from fighting this all the way to the bank!
mines is a civil case with the same set backs of a criminal case, a judge in family court sentenced me to 150 days, family court law states if a judge has been on a case with you previously he cannot preside over any case of yours in the future, 1993 then 2001, it was a case with my ex girlfriend, should have been a criminal case because paternity was not established until 2002,criminal procedure law supercedes family, was suppose to be arrested and charged then because of a child in common referred to family copurt not the other way around, my employer terminated me because they stated at arbitraition i was in prison for an assault conviction,the 150 days was excessive due to no priors, and due to me paying child support was never offered weekends to serve sentence which would have saved my employment, been trying 6 years to get justice i deserve
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