Set Up For Aggravated Assault Charges

**AssaultHelp** · 09-30-2009, 05:21 AM

Someone with a serious vendetta against me and a truly SICK dedication to put me in jail has gotten me arrested for assault and battery... I'll include more details as they're revealed to me, but I just have no idea what to do - and can't believe this is happening.

The broad strokes:

I recently became romantically involved with a co-worker who was living with her fiance. It began while he was out of town, and although she continued to live with him - we kept it a secret and continued to see each other. After a little more than a month, she moved out - and he soon discovered the truth about the affair and her reasons for leaving. Apparantly she had promised him that she would stop seeing me... or something to that effect, because one morning he showed up at my house to confront her. I don't know if this qualified as criminal harassment of her or myself - but because she was willing to go outside and speak with him, and was still attempting to resolve her relationship with him... I didn't contact the police.

This continued for several weeks as she seemed torn between trying to end their association amicably and her fearful need to get away from him... but because of whatever lingering obligation she feels towards him, she's endured his harassment and stalking - pressuring her into 4 hour conversations and showing up at her home when she refused to speak to him, confronting her at work... on more than one occasion he's even driven or walked past my home to see if we're together.

Recently, it must have become clear to him that reconciliation was impossible - and she was NOT going to stop seeing me... so he took it to the next level.

I don't know if he inflicted the injuries on himself, or what... but I'm awoken in the middle of the night by the police and arrested for assault and battery with a deadly weapon. Apparantly he went to some twisted lengths to plant a baseball bat with his own blood on it in the back of my car. That, along with his story - that i confronted him at his home, threatened him to leave this girl alone, and then beat him with the weapon when he refused. All of this is COMPLETELY UNTRUE! I hadn't left my home since returning from work, but because he claims this happened around midnight - I have no witnesses to verify my whereabouts. Also, he's gotten one of his friends to corroborate the entire story.

I can already look at this and see how bad it can get for me... I'm going to need a lawyer, and that's an expense I can barely afford. If I'm able to defend myself, can I sue him for filing this false report? If this is just a 'he said / she said' but all the physical evidence is on his side - what can I do? Should I insist on a polygraph to support his story? Will a jury believe his witness even though it's his buddy?

I've spoken with her, and she's convinced that he's lying and making all this up... apparantly he told her several times that he was going to "**** my life up" - is that admissable? Would it even matter? I don't really know if she's a credible witness though because she's been lying to everyone about the nature of our relationship and the sequence of events... him, our co-workers, her family, etc. She also has a history of mental illness that once included hospitalization, so I imagine her testimony would get torn to pieces.

I have no criminal record, but neither does he... I can provide numerous character witnesses, but I'm sure he can as well... I can barely afford a decent lawyer, but his father is a prominent one...

Jesus, I'm screwed.

I'm wondering if I should just agree to whatever he wants in return for dropping the charges or recanting his story, at this point - I'd rather stay away from his ex than spend a year or more in jail... because it looks like he thought this all the way through. Even a good lawyer will have trouble with the evidence against me... how can I prove the "liar liar pants on fire" defense?

Is there ANYTHING I can do? Just fight the good fight and hope the judge / jury believes my story and not his?

Thanks

Oh, one more thing... I don't know if it will really matter - but I have NO idea where this baseball bat came from and there will definitely not be any fingerprints of mine on it... will that make a difference?

**tc498** · 09-30-2009, 09:44 PM

Even if you have to borrow,get loan,etc,getting a good lawyer is really important becuase it's a serious charge. If you can't get the money,ask about a legal aide. They can see what edvinece they have agaisnt you and guide you from there. You should call some lawyers,many offer a free consulation. To sue or get charges agaisnt him your gonna have to prove his story isn't true.

**Mr. Knowitall** · 10-01-2009, 09:28 AM

You need a really good lawyer. If you can't afford a lawyer you can petition for a court-appointed lawyer or, if your county has a public defender's office, public defender. But I think there's quite a bit of investigative work, or at least issuance of subpoenas, that you need to consider doing, so you want a lawyer who has the time or resources to devote to that. Also, there's a chance that the prosecutor will push back against your investigation.

I personally would be trying to get the cell phone records of the victim and the witness, along with their email, private messages on FaceBook, etc., to see if there's evidence of collusion.

I would be interested in the forensics from your baseball bat - for example, although the surface probably isn't good for fingerprints, there may be signs that the handle was wiped clean. If that's the case, it raises the question of why the bat was left in your car with blood on it, but you took the time to wipe your fingerprints from the handle. Were there any surveillance cameras in operation in the vicinity of the assault, that might have caught part or all of the events on tape? Your lawyer needs to know what evidence was examined for fingerprints, what was found, what else might be obtainable, and how it all ties together.

The witness statement could be important. Does he claim that you knew he was there? Did he call 911 during the attack? Did he call afterward? If he didn't call at all, or waited to call, what's his explanation?

The medical reports may shed light on whether the injuries were inflicted with the intention of causing harm, or whether they were directed at parts of the body where there would less likely be pain or serious injury. If the injuries are self-inflicted, the pattern of the injuries would reflect that there were no blows in places the victim couldn't reach; but I'm doubting that they were self-inflicted. A baseball bat can do serious damage in a single blow, let alone repeated blows - are the injuries consistent with somebody trying to injure this guy, or with somebody trying to fake an assault?

How did they locate and gain access to your car? At present, that's a big hole in your story.

**AssaultHelp** · 10-03-2009, 01:53 PM

Thanks for the reply - here are a few points of clarification...

I'm not sure about evidence of collusion, or whether it would be possible to obtain. From my understanding it will be difficult to compel the cell phone or internet company to provide records of their customers - particularly when neither of them has been charged with a crime. However, because of the relationship between victim and witness - virtually all their communication can be explained. In addidition, I learned that both parties use Verizon as their cell-carrier - which means no SIM card, and text messages that are virtually unrecoverable once deleted. (Unless you obtain a court order to access the Verizon servers - which, again isn't possible). Also, won't anything I illegally obtain for my defense my inadmissable?

Moving on to the bat, I'm not sure what the forensic situation is - but I would imagine it HAS been wiped clean. I seriously doubt this guy would go to such serious lengths and leave his or anyone else's prints on it. I imagine his position will be that I was wearing gloves at the time, who knows... but it doesn't look like that's going to be a serious problem for the prosecution. What can I say? I don't own a pair of gloves? They can easily suggest that I tossed them out the window on my drive home, but just hadn't gotten rid of the bat yet...

In terms of security cameras - no luck...nothing. He claims that the assault took place at his home, and there is no surveillance of his neighborhood. I suppose it's possible to interview neighbors and find out if the police drove through at 2-3am (the time of the supposed incident)... but that barely exonerates me.

Witness Statement... he claims that I arrived at his home for the purpose of intimidation, and threatening him to stay away from me and his ex. He refused, became belligerent, and that I responded with violence. According to his story I had been brandishing the bat from the beginning of the argument - then suddenly struck him in the face with the handle (not a full swing), then hit him across the side of the shoulder / neck wth the bat, and continued hitting him with it while he was on the ground attempting to protect himself. I haven't yet seen the evidence of his wounds, but I've been told that he sustained serious bruising to his back, shoulders, and sides - in addition to the initial strike which supposedly led to his nose and mouth bleeding.

So the story is that he was on the ground trying to protect himself, but I wouldn't stop... there was a little bit of blood on the bat already, but that at one point he tried to use his hands to shield the blows and take the bat from me. His hands, covered in blood from clutching his face - then touched the bat and supplied more of his blood to it. I'm not sure if there's an obtainable pingerprint on the edge of the bat, though, but doubt it affects his story too much.

His witness, is supposedly one of his good friends who had been inside the home during the attack. The claim is that as I was returning to my vehicle he banged on the door from his front porch, and out came the friend... who, although did not witness the attack, saw me carrying the bat - throw it in the back and drive away. It was then almost immediately that the dialed 911...not sure who, but then they filed the report and took pictures of his injuries. However, he did not seek professional medical help - not sure why... no insurance may be a possibility. Is that something that can tear his story apart...something like, "who doesn't go to the hospital?"

Regardless, they told the police who it was - my address, and where they had seen me place the weapon. What's interesting though, is that it's not my legal address - I'm simply renting a room there. He knows that it's where I live because of following his ex at one point - he followed her there, and knocked on the door for the purpose of confronting her...which he was able to do, she left with him and didn't come back (again - she's been constantly willing to endure his insanity)... should I file a claim of harassment against him? I guess it doesn't look particularly good in front of a jury - but doesn't destroy his story. In fact - it gives me motive.

So, no medical report...that's the hole in HIS story. But access to my car is relatively easy - he knows where I live, what I drive - and knows that one of my rear windows is broken at the moment, so it would be easy for him to gain access to my entire vehicle (I live in a safe neighborhood and never leave anything too valuable in my car).

Because I have roommates, I feel like that SHOULD be a decent alibi - but they were definitely asleep at the time of the incident, and doubt that can say anything but that. Maybe they can say that they didn't hear me coming or going in the middle of the night - but I often do, and they're scarcely aware of it (I live in the basement)... but even IF they can say that they didn't hear the front door, or my car leaving / returning - does that really help me? Seems like I'm up against an eye witness and some serious physical evidence... I always thought the, "I was asleep, in bed - alone" alibi was laughable.

Am I wrong in thinking that his ex may be my best witness? She can testify to his mental state, and his determination to take revenge on me - threatening, etc... but because of her connection to this whole situation, and her history of mental illness - I wonder whether it will simply come down to a jury's opinion of her credibility. Maybe it's just BARELY enough for reasonable doubt? Despite his word (and his friend's) against mine... should I insist on a polygraph? I know he's lying - will that be admissable in court? what if he refuses? Would that be enough?

Again - I'll need a lawyer very soon but I'm just trying to prepare myself for any questions he/she will ask, as well as any of my own.

Thanks

**Mr. Knowitall** · 10-04-2009, 08:03 AM

I don't much care to hear you complain that this set-up is so perfect that it's impossible for any evidence of it to be recovered from any source. The only people who know that in advance, no offense, are guilty people who are lying about being set up. So get with a lawyer and make the effort. The longer you wait, the less likely it becomes that any evidence will be recoverable.