A Bad Saturday. Long and ugly post that may upset some readers. NOT a debate.

EsmeraldaX

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Aug 7, 2003
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Let me preface this by saying, I am not a troll. I am not looking to stir debate. I am mostly just venting.

Due to the subject nature of this post, the court system & child molestation, some readers may be prone to debate. This is really not meant to be a debate. And I should also state that I think people who molest children are the lowest scum on the earth and should be locked away. That is, the ones who really do molest children...

I have recently changed a major, major political view of mine and the following story is the reason why. You may ask why am I posting this in a public forum? The reason is simple. It is the only thing I can do now, to hopefully get people to think very , very hard about things when and if they are ever called to a jury.

The view I have changed is that I used to think all people in prison were there for "good reason". As in, innocent people don't just get picked up, (what were they doing there in the first place?!?) , tried (evidence?!? Obviously if there's evidence they are guilty right!?!) and sent away (Good riddance!).

I now know that this is not true and I am just so angry and sad right now that I feel like venting here is my only option. Sometimes people are accused by people they know of things they did not do. The accuser's really DO sometimes accuse people because they are angry at them and want to ruin their lives. A lot of these cases are never tried because legal fees cost a lot and prosecutions can scare innocent people into pleas they shouldn't take. And sometimes, truly innocent people do get sent away.

Do I know for a fact that the person in the following story is innocent? No. I don't. No one knows that except him and his daughter. How sure am I that he's innocent? I would give my life that's how sure I am. My hope is that had his case gone to trial, a jury would have seen right through the lies he's accused of, but he opted for a plea, and he opted for a plea for what I think were honorable and noble reasons.

The story follows...

Last year a dear friend of ours started his divorce. He was married to a violent, possessive and sometimes downright scary woman. He could not even go to our house without being accused of sleeping with me?!( Um, he's my boyfriends best friend and has never been unfaithful to his wife, at least not with me...). This woman , who my friend should not have married in the first place IMO, has been on drugs, drinks heavily and when my friend was at work, often left their two young children unattended while she did things like go shopping or out with friends. My friend has never touched drugs, nor does he drink any more than the occasional wine with dinner. He claims his wife was like that to, before they got married.

She did not want this divorce and made it quite clear. She said and I quote "If you divorce me, you will pay. You will pay and you will never see the children again so help me". My friend could have gotten at least 3 people to testify this in court.

Unfortunately, these 3 people would also under oath have to admit that the assisted my friend in leaving the house a few years ago for a short time, the first time the couple separated which my friends lawyer thought would hurt him in court.

A few days before the divorce was to be finalized, she approached my friends father. She told him , in what he described as an almost joyous tone of voice, that she was going to accuse my friend of molesting their 4 year old daughter and that the daughter was going to be told what to say in court. Unfortunately, no one else heard her say this; it would have been her word against his. My friends divorce lawyer suggested my friend just let it go.

The next day she called child services. Child services asked questions, such as when did it start , was there any physical evidence etc? She claimed it started when he moved out and that there was physical evidence (which was later said to be a heat rash by two medical doctors who told her that if asked in court they would say it was a heat rash).

My friend paid over $15K to get himself a good defense lawyer. Once his wife told social services this, the matter became a state issue. She was no longer in the picture. Even if she felt bad or guilty (she's a sociopath, so it's unlikely she did) she couldn't stop the proceedings now.

Their 10 year old son (not my friends biological child) was with my friend and his 4 year old daughter when the supposed molestation happened. He repeatedly begged his mother to stop this and screamed it was not true. The baby has been coached for over a year as to what to say and said some stuff in a taped deposition.

But when she saw "daddy" in court the other day both her and the 10 year old ran to him and begged him to take them with him and not leave them with their mother. The ten year old is now in therapy because he has taken to actually hitting his mother because "he hates her".

The prosecuting lawyer somehow damaged the tape and it was thrown out of evidence. The prosecutions only choice now, since no medical doctor would say what they wanted, would be to put the baby on the stand to say what her mother told her too. My friends lawyer was very worried that since it's been over a year, she had had no contact with her father and the poor little child probably believes her mother's lies.

My friends only hope would have been to have his lawyer basically call his daughter a liar and try to cross examine her on the stand. Or try and call the 10 year old as a witness, meaning that the prosecuting lawyer would have to do the same to him. My friend was in tears thinking about what this could do to his children (he had legally adopted his wife's son). His lawyer also told him that the jury would most likely side with the alleged victim. They almost always do. Err on the side of caution.

I used to think erring on the side of caution was the best thing to do to. Until now.

One week ago, my friend saw his children for the first time since that beast took them away from him. He got to spend 15 minutes with them, after they ran from their mother screaming for daddy to take them home and not leave them again. He told them it wasn't their fault but that he would not be able to see them for a while and that mommy would take care of them. Their grandparents then took them away and he went into the courtroom and plead guilty, feeling sick that he was lying to the judge. As he did, his wife cheered. She's the embodiment of evil, I swear. He leaves one week from today and will be doing 6 years. Hopefully he will survive. But he will always be on the sex offender list, and his life is essentially ruined. The way the judge he plead to talked to him and treated him was disgusting.

He did not want to do this. But his only other option was destroying a 4 and 10 year old by having them ripped apart by lawyers on the stand. And he refused to do that. The 10 year old wanted to go on the stand. The 4 year old was scared.

Had I not known him and just read this in a paper, I'd have said good riddance and keep him out of my neighborhood. But I saw where the accusations were coming from. I saw and heard his wife make threats, and basically say she was going to lie to get him in trouble. The selfish actions of one evil woman who was hurt over being divorced have now ruined a kind, good and loving man's life. He will never again be able to have custody of his children, he won't get to see them grow up.

His parents are trying to get full custody now because they and my friend fear for the children's safety. They are going to attempt to use her drug problems, lack of employment, leaving them home alone all the time etc. as proof that she is an unfit mother. But they can never fix my friends situation.

I am really in shock. Everything I thought I knew about the way this countries legal system has changed. An innocent man is losing 6 years of his life because of one nasty woman's selfishness and anger at him. A woman who was willing to use her own babies as pawns in her game against her soon to be ex. A woman who has been feeding lies to a baby that will scar her for life. A woman who has been trying to lie to a 10 year old as if he were a 4 year old. A 10 year old does not just believe everything his mother says. And why is she doing this? Because she knew she could. Because she knew that the system would almost always side with the "victim" just in case. Because she knew that this will affect her ex for the rest of his life and he will never forget that he wronged her. (Those were her words after the plea by the way).

I just am so angry, sad and confused right now. I don't even know what else to think.

Thank you for reading this.
 
I am at a loss for words. Its hard to believe that there are people out there that can treat others like this. Those poor kids.:(
 
If he is innocent then pleading guilty is the worst mistake he could have ever made.
 
It astonishes me sometimes the level of true evil that can exist in a person. I think sometimes we overuse the word "evil" and then get blown away by it when we see it in its true, unadulterated form. I really can't think of any other words to say. :(
 

Originally posted by GoodFairies
If he is innocent then pleading guilty is the worst mistake he could have ever made.

ITA!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
 
Originally posted by GoodFairies
If he is innocent then pleading guilty is the worst mistake he could have ever made.

This is what we think to, but he refuses to put his kids through the trial.

I guess it's easy for me to say it was a stupid thing for him to do, but it was what his lawyer advised, given the way these court cases go. Even if his kids got on the stand and told the truth, in MA , at least, juries will almost always err on the side of caution. This is what infuriates me the most. Sometimes erring on the side of caution when there are no solid facts really does put innocent people away.

His lawyer also said that since the mother is not the "accuser" when it goes to child services, they could not rip her apart on the stand. The prosecution wouldn't put her on the stand so the defense would have had to call her as their witness. For some reason, they couldn't rip her apart on the stand that way, only if they were cross examaning her.

Had he gone to trial, and lost, he was looking at 20 - life for something he did not do and possibly never seeing his kids again. Like I said, I LIKE to think he stood a chance if he fought, but in MA, fathers have very little chance of winning cases like this.

I personally wish he'd come to his senses and tell them he lied and he really is innocent and wants to fight it, because perjury is , IMO , a lot easier to deal with on your record than child molestation. But his lawyer advised strongly against it.

We think there is a very , very good chance that his ex wife will be found unfit. His parents are going to go after her with all they have and try to get those kids away before she kills them.
 
Esmerelda,
That is just a sad story and nauseating too. My friend's brother went through a similar issue and (we believe) was falsely accused of molestation. This happened back in the early-80s before anyone "faked" this kind of stuff and his lawyer urged him to plead guilty as he had a wife and child himself. He did and, fortunately, didn't do any prison time. But it is on his record and has pretty much ruined his life.

People do lie and it is very hard to prove your innonence in these types of cases. My DH was falsely accused of this too. We were lucky that it wasn't serious. One day my DH was driving home from work and turned into our neighborhood. As he drove up the street, two boys about 8 years old threw rocks at his car. He stopped the car to reprimand the boys. As he was asking them why they were doing this and "do you know how dangerous this is", one of the boys *guardian's* came out and asked what was going on. He was not curious, he was argumentive. He said, "are you trying to take these boys." DH said "No, they were throwing rocks at my truck." Again, the guy said "Boys, was this man trying to take you." The one boy said "yes, he tried to get me in his truck." My DH left. Later that night he went out to the mailbox and a mob scene from the neighborhood came to him and were accusing him of being a child molester. I was huddled in my home scared to death so I called the police. The police came and the two boys were there. The parents were urging them to tell this elaborate molestation story. Finally, my DH looked at the other little boy (who had said nothing the whole time), and the boy could not lie and told the truth. Wow. But do you see how close an innocent person can come to being falsely accused with the stuff. In our case, the incident was racially motivated and, as in your case, urged on by adults with a problem. It's really sad and very scary.
 
/
If there are any lawyers reading this, if you can give any advice at all... I am so worried about these two kids. I also don't fully understand why his lawyer could not call the wife to the stand and bring up all the threats she made, drug use etc.

The more I think of it, the more I think of the Salem witch trials. 3 13 year old girls in Puritan Salem Ma decided that they wanted to cause a fuss and so they started acting crazy and accusing people of hexing them, etc. More than 10 people were killed. Later the girls admitted they made the whole thing up for attention.
 
I am absolutely speechless. How that woman had the nerve to do something so evil to your friend is beyond me. I just hope he will be ok through all of this. :( :hug:
 
If I were him, I would hire a new attorney. Pleading guilty is not a good thing...did he sign away his right to appeal??? I work in court and I have seen children testify. They usually don't testify in open court about these things. Usually the judge will take the child back into his/her chambers with the court reporter and have a "nice conversation" with the child. They don't act like they're questioning the child at all. And if for some reason the child does end up on the stand, there are laws protecting children from being harassed on the stand.

If anything, I would say once you put that 4 year old through therapy with a good therapist the truth would most likely come out. Plus putting the 10 year old on the stand would definately put a reasonable doubt into the jury's mind...and a reasonable doubt is all it takes.

It would also worry me that his attorney advised him to plead guilty. Even if the father didn't want the kids to go through the trial, he could pass the chance to cross examine the girl and still call the mother AND the two doctors that commented on the heat rash.
 
Originally posted by Princess_Aurora
If I were him, I would hire a new attorney. Pleading guilty is not a good thing...did he sign away his right to appeal??? I work in court and I have seen children testify. They usually don't testify in open court about these things. Usually the judge will take the child back into his/her chambers with the court reporter and have a "nice conversation" with the child. They don't act like they're questioning the child at all. And if for some reason the child does end up on the stand, there are laws protecting children from being harassed on the stand.

If anything, I would say once you put that 4 year old through therapy with a good therapist the truth would most likely come out. Plus putting the 10 year old on the stand would definately put a reasonable doubt into the jury's mind...and a reasonable doubt is all it takes.

I know he can't afford to hire a new attorney. :( I don't think he has signed away the right to appeal and I am going to call him tonight (he's still home until next Monday) and ask him about this. His lawyer seemed to think that the children would have to go on the stand in open court.

The 10 yo is in therapy. The mother will not put the 4 yo in therapy, probably because she knows that the truth will come out.
 
I'm a prosecutor... I sent you a PM, let me know if you need anything else!
 
This is an absolutely horrifying story!

I don't understand why anyone would plead guilty to something they didn't do! I know he wants to protect his kids from testifying in court, but he has to look at the bigger picture. Who is going to protect the kids from their "mother" for the next 10 years? He'll be in prison. What if his parents DON'T get custody?

I'm not a lawyer--but I wish I were. Please encourage your friend (or his family) to hire another lawyer to try to salvage something of his life--and quickly.
 
Originally posted by Princess_Aurora

It would also worry me that his attorney advised him to plead guilty. Even if the father didn't want the kids to go through the trial, he could pass the chance to cross examine the girl and still call the mother AND the two doctors that commented on the heat rash.

His lawyer was pretty bad, IMO.

He did have the doctors on his side, but the lawyer seemed to think that it would not matter because cross examination of them they would HAVE to say that while in their medical opinion the rash was in fact a heat rash, that it was theoretically possible for a similiar irritation to come from molestation. And his lawyer thought that the jury would feel pity for the mother, and that they couldn't question her the way they wanted.

I personally think this lawyer was lazy and did not want to go to trial. Yet another thing that I'm concerned about.
 
Your friend's story is so disturbing. It gave me chills.

How can the woman that carried his children do this to him? There must have been some love in her heart at some time. And how could she not think of her children? She has ruined many lives. I think there's a special place in hill for people like that.

I wish I knew something, anything that would be helpful.
 
The mother will not put the 4 yo in therapy, probably because she knows that the truth will come out.

She wouldn't have a choice if the court ordered it, would she?
 
I really hope that it is not too late for your friend. It seems to me that he has gotten some real bad advice, and possibly some misinformation. I also would think that the little girl would be required to talk to a therapist by the courts to get a professional imput on her situation. I hope that this all truly works out for your friend.

BTW ~ I think it is also kinda weird that his lawyer said that the juries tend to take a "better "guilty" wrong than "innocent" wrong stance. If there is reasonable doubt they have to find innocent and judges can throw out jury verdicts if they ignore reasonable doubt. Or at least thats how I thought it worked, someone correct me if I am wrong.
 
Originally posted by inaminute
She wouldn't have a choice if the court ordered it, would she?

She wouldn't have a choice. If it's court ordered then that's it. I just can't for the life of me figure out why his attorney wouldn't push this case to trial. If the father was having money problems, did the attorney know it and just didn't want to get ripped off out of extra money???

You sound like such a good friend, is there any chance you could organize some kind of fund raiser or call some of his other close friends or family to gather some money together to hire a good lawyer??? I would do some research and find an attorney that has dealt with these kind of cases before because this really isn't a rare occurance...sadly.
 
I can't believe he pleaded guilty he should get a new lawyer ASAP, maybe they can say the old one was incompetent.
 














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