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  1. #1
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    Dec 2012
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    Angry How to Get a Stalker Prosecuted

    My question involves police conduct in the State of: Maine

    I have a stalker. Her conduct fits the Maine staute to a T, but the DA says it won't pass the "litmus" test. After I told her to leave me alone, she has sent me 2 emails (saying nasty things about my father and siblings), sent my husband a (nasty) facebook message, sent my husband a letter (saying I am going to go insane without her and again that my father is a bad person for such and such reasons), forced her son to send me nasty texts (saying my sister is the reason my father died among other things), had her daughter send me a youtube account message (more of the same stuff, calling me names, saying my sister killed my father), tried calling me once which I didn't answer, and drove by my second property to turn around two houses down the road after being served by the sheriff's department to stay off my property. I have evidence for every single thing I am saying--I have the letters, I have a statement from someone who was in the car with her when she drove by, why won't they touch this case? She's done this to 4 of my other family members too. Why have I had to change my phone number, delete my facebook account, delete my youtube account, and sit at a new home afraid of her finding out where I live again and she gets to go free doing whatever she pleases to whoever whenever she wants with no consequence? Any insight would be greatly appreciated.

  2. #2
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    Sep 2005
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    Default Re: Why Won't the Da Prosecute

    Quote Quoting flowerdust
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    My question involves police conduct in the State of: Maine

    I have a stalker. Her conduct fits the Maine staute to a T, but the DA says it won't pass the "litmus" test. After I told her to leave me alone, she has sent me 2 emails (saying nasty things about my father and siblings), sent my husband a (nasty) facebook message, sent my husband a letter (saying I am going to go insane without her and again that my father is a bad person for such and such reasons), forced her son to send me nasty texts (saying my sister is the reason my father died among other things), had her daughter send me a youtube account message (more of the same stuff, calling me names, saying my sister killed my father), tried calling me once which I didn't answer, and drove by my second property to turn around two houses down the road after being served by the sheriff's department to stay off my property. I have evidence for every single thing I am saying--I have the letters, I have a statement from someone who was in the car with her when she drove by, why won't they touch this case? She's done this to 4 of my other family members too. Why have I had to change my phone number, delete my facebook account, delete my youtube account, and sit at a new home afraid of her finding out where I live again and she gets to go free doing whatever she pleases to whoever whenever she wants with no consequence? Any insight would be greatly appreciated.
    Does Maine permit you to obtain a restraining order of some kind against this woman?

    None of us can say why the DA won't charge this offense. Unfortunately for you, the DA has absolute discretion on criminal prosecutions. Clearly there is something about this case that gives him or her concern about his/her ability to prosecute the other party. Perhaps it has something to do with how this all began, or why this person is "stalking" you. Why is she focused on you?
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  3. #3
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    Default Re: Why Won't the Da Prosecute

    So I could be denied justice and harassed indefinitely just because I'm related to her? I feel like that is being used against me. The person is stalking me because she is upset I don't want her in my life anymore--I told her not to contact me and that's how this all started.

    Maine doesn't permit a restraining order if you're not afraid of physical harm. I'm not (she wouldn't do that because it would be one crime that is more likely going to result in punishment), I just want the woman to leave me alone, which she refuses to do. Their "protection from harassment order" should really be called a "pre-abuse order."

    Would you recommend contacting the DA in her county and trying it there and not mention how we're related? If I did that, my sister could also report the stalking she's doing to her because she also told her to leave her alone after she stole from her. Do you think having two people report their own trials with her would be more likely to bring a prosecution?



    Quote Quoting cdwjava
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    Does Maine permit you to obtain a restraining order of some kind against this woman?

    None of us can say why the DA won't charge this offense. Unfortunately for you, the DA has absolute discretion on criminal prosecutions. Clearly there is something about this case that gives him or her concern about his/her ability to prosecute the other party. Perhaps it has something to do with how this all began, or why this person is "stalking" you. Why is she focused on you?

  4. #4
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    Default Re: Why Won't the Da Prosecute

    Quote Quoting flowerdust
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    So I could be denied justice and harassed indefinitely just because I'm related to her?
    That's not likely the case. What the DA wants to see is a case that he can prove beyond a reasonable doubt. Apparently he does not see that he can make the case just yet.

    Maine doesn't permit a restraining order if you're not afraid of physical harm. I'm not (she wouldn't do that because it would be one crime that is more likely going to result in punishment), I just want the woman to leave me alone, which she refuses to do. Their "protection from harassment order" should really be called a "pre-abuse order."
    That lack of fear may also be what's making it impossible to prosecute for a crime. I have not read Maine's stalking statutes, but if there is no fear of physical harm, then there may be no crime that can be easily applied here.

    Would you recommend contacting the DA in her county and trying it there and not mention how we're related? If I did that, my sister could also report the stalking she's doing to her because she also told her to leave her alone after she stole from her. Do you think having two people report their own trials with her would be more likely to bring a prosecution?
    The DA in the other county likely lacks any jurisdiction to prosecute her for stalking. The stalking occurs where YOU are, not where she lives. And if other people are having current problems with her, then they should make their own reports to their local police.

    NOTE: I found the Maine stalking statute and I am posting the link here so you have some idea of what the state would have to prove against her:

    http://www.mainelegislature.org/legi...asec210-a.html

    It could be that what you have reported falls short of the elements of the offense, or the DA feels that it is a weak case for some other reason. Perhaps the other party has told the police a different account of events that runs contrary to yours. Or, perhaps the DA lacks the spine to prosecute cases that are not slam dunks. No one knows. You may simply want to keep reporting any harassment to the police. Eventually the police may get tired of taking the reports and push the DA to file on something.
    A Nor Cal Cop Sergeant

    "Make mine a double mocha ...
    And a croissant!"


    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns

  5. #5
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    Dec 2012
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    4

    Default Re: Why Won't the Da Prosecute

    Thanks for the link, but I reviewed that site a long time ago. The stalking statute does not say you have to have fear. It says that you have to have a "course of conduct" (defined as 2 or more acts) and be "seriously inconvenienced" which is defined as including simply having to change your phone number (which I did along with a lot of other changes and removals) or that it would cause emotional distress (which is certainly the case since I am constantly on guard anytime my doorbell rings among other things)..of course there is the option of being afraid too. But maybe the DA doesn't want to bother with it because of that? After speaking with the DA, the cop told me that if something happens again, have the police tell her to stop or she'll be charged (shouldn't they have done that when I reported her the first time after 6 pieces of evidence????), so I'm sure fear isn't necessary, but it could make them not care and feel they have bigger fish to fry (including the mentally handicapped apparently since they've recently decided to press charges on one such individual).

    I don't understand how he can't prove the case beyond a reasonable doubt when I have the emails/letters/text messages/a copy of the attempted phone call/a statement from someone in the car with her. They've never even looked at this evidence either. The cop told me he'd speak with the chief and the DA, then after that collect my evidence if they want to move forward. It was stopped after this discussion. This is what confuses me the most...I feel like its an easy win, but idk.

    I found a link somewhere, and I really can't remember where since I've done so much research, that said that for crimes involving phone calls it can be reported in either county. Working on that assumption, and the fact the driving by my 2nd property occurred in her county, not the one I live in, I would think I could report it in either. But again, I don't remember where I saw that. I'm really hoping that is the case because her county is far more proactive in this area from what I've heard and they've even granted her protection from abuse orders on people she had no proof against at all--just her word against theirs.

    I'm also concerned that if action isn't taken soon, the statute of limitations could end up happening before another event (or two from what the cop seemed to imply it would take) happens. She spreads her torment out over years (my sister hasn't spoken with her for 4.5 years and she's still messing with her, but she bounces around with who to go after and there are months between events). So I'd like to get everything taken care of now while everything is still within the limits. I've also relocated and she doesn't presently know where I live (though that could change at any given moment) so that puts me in the position of do I let her find out where I'm at so she can continue to harass me and I can finally (hopefully, since I don't trust that there will ever be enough evidence for the DA) get her charged? or do I keep hiding and hope she never finds out where I'm at but continue to live in fear when someone's at my door while letting the statute of limitations make my evidence invalid? What would you do?

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