Thursday, November 13, 2008

Falsely Accused Indiana

Our legal nightmare started in December 2007with a letter in the mail stating my son was a suspect in a child molestation case. When my son got home from school I asked him if he knew what this was about. He stated “no mom”. I then asked him if he maybe slapped a kid on the butt or anything. He said “no I don’t do that because that is disrespectful”. So I called the police detective and it took a few days to get her to return my phone call. She was very rude and stated my son knew exactly what it was about. I told her that we will come in and talk but with an attorney with us. She was very upset that we would bring an attorney with us. So we went in on my birthday. She was very rude and not ever being in this spot before we were nervous. She stated who the person was making the allegation. It didn’t dawn on us who it was while in her office. Our attorney I told her that if she decided to arrest my son, we would bring him in. She stated she would call us. We had just lost his dad in August so neither one of us was really in good shape emotionally to even think right.
The next thing we knew my son was being arrested at his school. The detective came and took him out in handcuffs. Even the police officer at school said it was very unusual for the detective to pick the kids up at school. Normally they either have them take the kids in or send someone else. I knew in my heart that the reason this detective did this was because the kid making the allegation was a cops kid. This is a kid that hangs around with kids who don’t do drugs or get into trouble. So when the detective took him out in handcuffs, he lost his friends.
The next morning my son had his first court appearance. The prosecutor stated he wanted my son retained until trial. I spoke up and told the judge that this is a kid that has never been in trouble before and I would take responsibility for him. I stated this is just an allegation right now and in the process he will miss school and other things he is involved in. This judge looked at my son and said “your mom is right, it is just an allegation right now”. So he let my son come home on a monitor. He was only allowed to go to school and I had to take him back and forth. He normally walked.
The charge: Class B child molestation, Class C child molestation. We would not take the plea deal because my son didn’t do this. So we are going to trail
The boy making this allegation stated my son went over to his house 2 years ago and went swimming. In which my son had been over to his house swimming. But NEVER went up stairs to change his clothes like the boy stated. Anytime my son went swimming anywhere he would wear his swim trunks under his clothes….. I told his public defender that and he just went off on an rampage. One of many he went off on during this process.
Now keep in mind while reading this. We lost his dad is August 2007, had his memorial service in Sept. They filed the charges Oct. 15, the kids aunt was trick or treating in our neighborhood on Halloween night asking where my son was and what we did with his dad’s shop he had before he died. We got the letter in December.
Probation: These are the rudest people I have ever met in my life. Now keep in mind, my son is only charged at this point, not had his trail. They would make home visits with PROBATION wrote front and back. So everyone in our neighborhood would know something was up. When he came off the monitor, the probation officer said “now don’t go out and steal”. My son never did steal before why would he start now. Other comments that have been made by the probation people are
“Now ……….(sons name) you wouldn’t believe how many parents think there kids are evil, but I don’t”
With me setting right there. I said well this one don’t think he is evil.
On one visit I asked his probation officer if anyone is looking at my son to who his is and what he has done good. She then looked at my son and said “if you think I am going to give you a cookie for you doing what you are supposed to be doing , I AM NOT”. My son has always done what he is supposed to do. So when I got home, I gave him a cookie!
The probation officer even lied in the court document she wrote the judge. She stated that I his mom, was against probation wearing there bullet proof vest, and I was stating that how wrong my son has been in this court system. And she informed me she wouldn’t be spending no hour and half going over with me at how wrong the system has been with my son. First off, I don’t care who wears there bullet proof vest. But to advertise that my son who hasn’t even been in court yet is on probation, is just wrong. And I have all the respect for the court system. Do I feel my son was given a chance in this charge and the system? NO, I feel his attorney didn’t do his job in defending him, and the judge was prejudice against my son on the onset, for what ever reason. Do I feel probation is wrong with all the off the wall comments they have made to my son and I, hell yes. Even one time his probation officer said to me “well I am not the one that hired a private attorney”. I said “excuse me”, he doesn’t have a private attorney, he has a public defender. And even if he did, why should that matter? That conversation was on the phone and I informed her after that I would be taping our phone conversations.
The trial………..
What a joke. We set in the court room for at least 2 separate days hearing the kid’s side and his parents testifying. Because so many changes in the story. The dad was supposed to testified the first day his son was testifying. Well he couldn’t come that day, remember he is a cop. Sorry if my son was “molested” and he was testifying in court. NOTHING would be important to keep me away! This kid’s family’s testimony is so wrong. They said they were told about it this spring, 2008. The brother stated he pushed his brother in the bathroom the parents testified the kid lies.
So the next court dates the dad, and my son’s side would be presented and the judge would let us know if the hearsay testimony would be admitted into court. Of course it was. The hearsay that was allowed was the kids statement he made to the police department interviewer. And in that statement the kid stated his brother taught him what a Bonner was and how to use a condom. And my son was retarded because he wore glasses. NO one has ever said anything about this in court!
My sons turn to testified:
My son had 4 pages of people that would come in and testified on his behalf. He was only allowed 15 because “it would be repeat “. His public defend met with him for an hour and half and went over things he would ask my son on the stand. He only asked him like 3 or 4 questions. He never reputed the prosecution. And I wasn’t allowed to testified on my sons behalf or his brother. His attorney said that “we are too close to the situation”. Now mind you this is now August 2009. Almost a year after the allegation was made. It was very clear to me while my son and his witnesses was on the stand this judge didn’t in anyway pay attention to what anyone was saying. It was also clear to me when the kid and his family were testifying the judge was writing everything they were saying down. My son’s witnesses even noticed he wasn’t paying attention. My son had a child psychiatrist who was going to testified . His attorney told her it was ok for her to come at 5: oopm. Well after he whisked his witnesses though. He got a recess and gave her 15 min. to get there. She was 45 minutes away. No way in hell could she get there on time? So she didn’t get too testified. By the time she arrived it was over.
I was very proud of my son on the stand. He wore his dad’s suit to court every day and was always a gentleman.
Oct. 31, 2009
The judge took 15 minutes to make his decision. He found my son true on Class B child molestation and not true on Class C. In juvenile court it isn’t guilty or not guilty it’s true or not true finding. The judge stated he believed this kid over my son. Yet, he found him not true on one count. His attorney came out and stated that he felt this judge ruled against my son because he took another case this judge ruled against and got it over turned by his boss. The attorney then stated “oh I shouldn’t have told you that”. And he said in front of me, my son, and other people that were there to testify for him. I’m like “so my son is paying for it”. I just walked away in disbelief and I knew I would go off on this attorney. My son even stated “I have tried to be a good person and it doesn’t matter”.
10 hours chores at home, 20 hours community service, allowed to walk back and forth to school, complete sexual offender counseling {in which I have to participate in because I am in denial, denial therapy}, no contact with the “victim”. Pay restitution, in which again the “victims” family was supposed to show up for court and they didn’t. I have said from the start this is all about the money.
November 13, 2009
I was on my porch and this car pulled up about 2 houses down the street. My sons PO officer got out of the car. I asked her what she was doing here. She stated she was dropping off the paper for my son to get a drug test. I asked her to either come in or come up on the porch because the woman next door window was open and people were setting on the front porch across the street and I didn’t want people to know my sons business. She proceeded to stand on the steps and tell me “your son is on formal probation”. I asked her why he had to take this test when that isn’t, nor ever has been an issue. Oh, it’s standard procedure. And I asked her, “this couldn’t have waited till we came in today to our appointment at 4:30. The testing place didn’t close till 6 and it is in the same building. I just took the paper and slammed the door because I was so pissed. It cost me $10.00. So when we met with her I asked her how often he had to do these test. She said it would be random. Well I live on a very tight budget that if I know what to budget for then I could take it out of food money. She kept telling me though this whole appointment that she had gone over stuff with me that she hadn’t. Oh and after it turns cold, she will start wearing her vest. Amazing. I did tell her I was going to contact the ACLU.
My thoughts:
I have done research sense this has happened to my son and it amazes me how often kids are making these kind of charges that are false. This probation officer stated that she has over 100 cases and only 4 have been found not true. Now that is really sad to think that many kids are going though this.
This whole experience has been an eye opener for my family.
This same judge heard another case I found out about where the kid stole something. They had it on video and the stuff was in his car. He was found not true. Another teacher, a girl in his classroom made a false allegation on him so she wouldn’t have him as a teacher anymore. This teacher was suspended from school. Gratefully the girl admitted she lied. This judge never looked my son in face till his sentencing.
The system doesn’t work and a lot of innocence life’s are being ruined because of false allegations. The problem is that our juvenile court system doesn’t work for the innocent. To me due process is somewhat a joke in juvenile court. It’s supposed to be reasonable doubt. Well I was in this court room day after day. I have seen paper work. All of it has reasonable doubt all over the place. Our nightmare is not over and it doesn’t look like it will be over in January when we go back to court. If his attorney gets the appeal in by the end of this month. It will take a year to hear about it.
And it seems to me that probation, prosecutor runs the juvenile court. And that is sad. Because as I well know, probation officers lie and manipulate the system. I have always raised my son to be honest and a good person. This is one time I really wished he would have lied his butt off. Because in today’s society it seems like the liars prevail. This system not only let my son down. But it let the kid that is making the allegation down. Because it is obvious he is really having a hard time dealing with his parents divorce and this is only the beginning point for him. I will ALWAYS stand behind my son and this system that is so wrong is not going to change that!
Jo from Indy