Possible Civil Rights Claim After Acquittal, in California
I recently won in a criminal case against me and was found to be totally innocent of all charges and accusations.
My main concerns in all this is the conduct of the police department and the D.A.’s office and if they can or can’t be held liable for allowing this to get out of hand .This is my main question.
This all started over 30-months ago, with a person making false allegations. ( I say this now do to D.A. stating this individual had perjured them self and one of the reasons I won with evidence to support. ) After being arrested on this I was released after 3-days with no charges being filed per the D.A. I hired a criminal defense lawyer incase I had to defend myself . After 6-months of waiting the lawyer suggested and after talking multiple times with the police and D.A.’s office : No investigations were underway and it could die on their desk. It didn’t. A little over a year later the police came to my house with an arrest warrant from the D.A. I had to spend a number of days and forced to bail out this time, by asking for loans and using my rent money.
I find out after my 1st court appearance that the police and D.A. said I made a confession to the allegations on a cassette tape recording and the detective with the statements of the witnesses and victims that the allegations of the offense did occur, endorsed and forward it to the D.A. office for review and prosecution. The Detective booked recorded interviews of me and the alleged victim into evidence. By placing them in to an evidence locker(which I have the locker number in the original police report).
Here is were I start having a major problem with all agencies involved. After a 1-year and 8-months later. The 8-months of asking for all evidence especially the recording of my confession which since finding out I have denied any such thing and wouldn’t that been enough to prosecute in the first place?
The D.A. finally told my lawyer after requesting the tapes and getting the constant excuse of the police department still has the tapes. They tell use the tape that they have are Blank and there’s nothing on them. Major Question: How can there be transcripts of a confession and the tape is Blank? How was a report made from them and isn’t there a chain of evidence regulations to support any and all reports made from them?
Also to mention the same detective added an amendment 4 months later to the original police report which contradicts their statement about everything mainly the alleged assault and confession. How are they allowed to change the events and stories, which caused me to be arrested in the first place and after 30 months, be found total innocent of all charges and allegations. I have a hard time understanding the justice in it?
The recording and the victim’s statement were the main evidence for arresting me and prosecuting me. The D.A. used the police report and tried to press me in to a deal, They offered first a 6-month prison deal. When I said no the words passed to me by my lawyer were they’ll try to give me anything between 17 to 35 years with a jury. I took my chances.
During my lawyers investigation they discover several interesting things such as before the prelim the D.A. gave a copy of the police report to the victim to review before testifying. Which I’m told is a No, No. And even then the D.A. had to lead off the report because the victim could remember a thing, but was able to add to the story which wasn’t in the original report. ( I didn't get to see or get a copy of the report until way after the prelim.) The D.A. even tried to increase my bail, with knowledge of the victim’s story and inconsistency of the events. Thankful the Judge denied her request I couldn’t have afforded any more money lost. And the victim's witnesses also told the D.A. and our investigators that the victim has a history constantly lying and nothing happened.
Then one of the many toppers to my story the D.A. started making references to my lawyer: such as the victims unreliable, they’re all over the place and can’t remember a thing . Story keeps changing. My lawyer brought to the D.A.’s attention that the victim had perjured themselves several times throughout the prelim and the police report, not to mention the lack of any major evidence besides the verbal testimony of the victim and with problems in ect... mentioned above.
The D.A. still went on for another year to prosecute me for these offenses . Yet the last few months of the trial the prosecuting D.A. same one from the beginning tells my lawyer in a meeting that they want this to go away and it disappear. Question: Doesn’t the D.A. have the power to stop a prosecution. Even the arresting detective has mention to my criminal defense lawyer before it ended. They can’t believe the D.A.’s still going after me for this. This is the same Detective indorsed the police report saying it did happen and forward it to the D.A. for prosecution. Question : Are the police departments allowed to say they have evidence of a crime and not have to produce it when asked by legal representatives? In the beginning I denied all wrong doing if they had such evidence why did it take over a year to go after me? Also to mention that shortly after my arrest the same police department was having major evidence problems at least that’s what has been it the local news and paper’s for the last 2-years.
To top things off the D.A. as of yet hasn’t prosecute the alleged victim for perjury that’s on record and I’m told it can be a prosecuting offense. It was made very clear to me that the reason I was in this mess was do to lying and confessing to the crime and why I was looking at so much prison time.
I hope I didn’t ramble on too much , but this has been a very stressful 30-months for me and my family. I still have a hard time trying to understand being a veteran in the U.S. at this day and time where you are guilty until you lose a lot of money and almost become homeless in the process to prove your innocents.
My feelings are that everyone involved in this has made money off me-the police department ,the D.A.’s office, Judge and staff. and of course having to pay for a criminal defense lawyer my God send. Which I still Thank daily.And in the end of it, leave with the feeling that I should be lucky I'm not worse off. Crazy. I hope to find some closer in all this some day. To all who respond Thank you.
Re: Possible Civil Rights Claim After Acquittal, in California
First, allow me to say how sorry I am for this tragedy you had to endure. No innocent man should ever have to face the prospect of losing his freedom, nor should he be humiliated by such false accusations. I offer you my sympathies.
It does sound to me like your civil right have been violated numerous times during this whole ordeal. First off, it sounds like the police arrested you with out probable cause. Accusations alone do NOT warrant the probable cause needed to make an arrest. You need EVIDENCE to back them up. For example, I could call the cops and say somebody raped me, but that would not make it true, nor would it be enough to arrest said person.
The D.A. attempting to use false evidence to get you to cop a plea is a ethics violation. He can be disbarred for using such methods. He can also be disbarred for failure to turn over evidence to your attorney. A defendant has the RIGHT to ANY evidence being used against him.
This "victim" makes me sick. I hate people that lie to get others in trouble! You can easily sue him/her for all financial damages to you, and even press CRIMINAL charges (filing a false police report is a felony).
I would suggest you write down EVERYTHING that happened - no matter how small - and contact a lawyer about a civil suit on the police, D.A., and this "victim".
Now let me answer some of your questions...
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Major Question: How can there be transcripts of a confession and the tape is Blank? How was a report made from them and isn’t there a chain of evidence regulations to support any and all reports made from them?
The police/D.A. made up this false evidence to get you to accept a plea offer. Legally they are NOT allowed to do anything like this, but sometimes they think they're above the law.
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Question: Doesn’t the D.A. have the power to stop a prosecution.
Absolutely. My cousin had a unlawful carrying a weapon charge dropped by the D.A. after evidence suggested he was innocent. Most competent D.A.'s will drop charges that cannot be proved beyond a reasonable doubt.
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Question : Are the police departments allowed to say they have evidence of a crime and not have to produce it when asked by legal representatives?
Good question. Sadly some states allow to police to lie (to a certain extent) in order to gain a confession. However, the D.A. is NOT to use any fabricated evidence against a defendant in trial. And they are required to hand over ALL evidence to the defense attorney. This is to ensure the defendant receives a fair trial
I wish you good luck in getting the justice you deserve. I would also suggest contacting the media about this. I'm sure the public support would be very helpful for your case
Blue Eagle
Confession On Tape Turned Up BLANK Where Do Transcripts Come From?
I recently had my criminal case dismissed after 2 1/2 years in California. Due to perjury (not me the other side did) and no evidence.
My questions come from the side of the evidence the police detective collected. I was detained (A.K.A the prearrest) and interviewed by the detective, like most people I tried to find out why I was detained. I was told if I like to talk, I said yes I wanted to know whats going on. The detective then takes out a recorder and starts taping our interview.(It took multiple attempts to find a tape that would work...Was not mentioned in the police report problems with tapes.) Now in the Police Report it stated I made A confession to the crime and lied about everything. The evidence (Taped Confession) was place in any evidence locker. Come to find out almost 2 years after the crime the tape was BLANK. How can you have evidence with transcripts to a confession and the tape from the evidence locker is blank? That was the first arrest after 3 day Iwas released with not charges filed per D.A. 1 year Later a warrant was issued for my arrest from the D.A.( No New evidence was added same from the first arrest. just incase someone might ask if new evidence was found.)
MY Question: Can the Police Department be held accountable for either filling a false police report or the loss of major evidence.
This did affect Both side of the case it wasn't like they forgot to dot their I's and Cross their T's. And since the head D.A. on the case Dropped It due to the perjury of the accuser and no evidence.
We wanted the tapes to prove I didn't make a confession or lie. The D.A. should have wanted them to prove I did say it. But then again how do you prove it if the tapes are BLANK?
I guess that fairy tail about your innocent until proven guilty and your entitled to a quick and speedy trial doesn't exist. If anyone can assist I would greatly appreciate it. Sorry if I ramble on. It's still hard to believe it's over. One quick thing It amazing when they have all this money to try and convicted you of a crime but you get nothing when they drop the charges Because of all the work Your Lawyer Does except "THAT'S THE PRICE OF FREEDOM" Said by a lawyer to me. Thank You to all who respond .
Re: Confession On Tape Turned Up BLANK Where Do Transcripts Come From?
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jkforever
MY Question: Can the Police Department be held accountable for either filling a false police report or the loss of major evidence.
Accountable? Sure. I am certain the DA is going nuts over their loss of such a key piece of evidence. Sadly, it happens.
If you mean can they be charged criminally? Only if intentional malfeasance can be shown.
Can they be sued? Anyone can be sued. Whether you can show that their act was negligent and that you were injured by their negligent act is another question. However, one could argue that their negligence contributed to your acquittal so you were aided and not punished by the error.
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We wanted the tapes to prove I didn't make a confession or lie. The D.A. should have wanted them to prove I did say it. But then again how do you prove it if the tapes are BLANK?
Do you have an attorney? If so, ask him whether this gives you good grounds for a successful suit. At this point, you say there was no confession, they say there was. And if there were transcripts made, then you can always initiate court action and subpoena the person who transcribed the tapes as that person would have heard them. Unless the officer transcribed them himself (very unlikely) at least one other person heard the tape. That would require proving a conspiracy among two or more people who acted to frame you for some reason. can you supply a motive?
I'm not saying that none of this is possible, only that you have some very difficult hurdles to leap to make a case.
- Carl
Re: Confession On Tape Turned Up BLANK Where Do Transcripts Come From?
Carl,
Thank you for your response. I was just able to view it tonight 5,March 2008. I've been trying to get my life back together almost 3 years now. I'm going back in front of the judge and this time it's for a factual finding of innocents ruling which I hear they hardly ever do, but the judge ordered a evidentially hearing to discuss the evidence use/ not produced to the prelim judge, I'm told to see if in fact there was enough evidence to actually go to trial, I don't want to go into too much detail. But to answer a question, the transcripts I spoke of came from the police report, not from transcript taken from the tape, but the officers description of the interview in the report I considered them transcripts at the time. I wasn't very understanding of the difference at the time I wrote the thread. A current problem the officer is no longer on the force to be questioned. and is under investigation for something that took place long before and after my situation with the police, at least thats what I was told by my lawyer and why we weren't able to use them due to the officer being involved in criminal activity and their credibility. Yet the same officer told both my lawyer and the D.A. that the crime didn't happen and they couldn't believe it went to trial. That was back in July of 2007 my case was dismissed in Dec. 2007. and in October 2007 the officer was off the force. So, Thanks Again Carl and all who respond. I appreciate all objective answers.
Re: Confession On Tape Turned Up BLANK Where Do Transcripts Come From?
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jkforever
the transcripts I spoke of came from the police report, not from transcript taken from the tape,
Then I am confused. A transcript is a type-written account of a conversation that had been taped.
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Yet the same officer told both my lawyer and the D.A. that the crime didn't happen and they couldn't believe it went to trial.
Sounds like this ex officer might have credibility problems no matter what side of the argument he comes out on.
You will really need to consult your attorney on this as he is the only person who can possibly determine what kind of case you might have against anyone - be it officer, ex officer, or complaining party.
- Carl