My question involves criminal law for the state of: Indiana
This is going to be a long post. I will omit actual names but all information is 100% accurate. Just trying to find someone to help us before time is out.
I wish that I would have found this forum before my brothers trial. I had contacted so many places back then and did so much research to help my brothers attorney that I truly felt he could not be found guilty. But we were all shocked that his attorney waited until the Prosecution rested before stating he was not going to call a single witness for my brother. We were not allowed in the courtroom during that time as we were all planned to be called as witnesses. There were over 20 of us waiting to testify.
Now I am finding it very difficult to locate anyone willing to help. It seems like no one wants to be connected with this type of case regardless of whether he is innocent or not. But I do understand this as I had always been one to jump to the conclusion that if someone was charged with this crime then they must be guilty. I always felt that anyone convicted of this crime should be put to death. I have 3 young children and the thought of anyone ever touching them sends a chill down my spine. I truly despise anyone who would do this type of thing to a child.
I did not speak to my brother for the first 3 months after his arrest because I had no idea why the child would say these things. Even though I knew she had made up stories before and was an attention seeker I still had to make sure it was not true. I spent 3 months going over the evidence and researching the subject. But nothing really convinced me either way until I saw the videotaped allegation and the medical exam. These 2 pieces of evidence alone proved beyond a reasonable doubt to me that my brother was innocent.
This was my brothers Step Daughter for over 5 years. My brother worked for me the entire time and we worked together every single day. His step daughter was best friends with my daughter and they spent a lot of time together over the years so I know this girl very well. This is not a case of me simply believing my brother because he is my brother.
We actually had a falling out about 6 months prior to his arrest because of work related issues. I am the guy who told the girls mother that he had hacked her Myspace account and told my wife and I about her meeting the guy that lived 7 hours away with her daughter and then she asked the guy to have sex without a condom, then she came back and would not reply to the guys messages.
She became furious over this and asked how she could get even with my brother. I told her to login to his personal websites and delete content, but she never did a thing, Never even mentioned it to him. I thought she had just got over it. This happened 1 to 2 months before her daughter made these allegations.
After the allegations were made and my brother was arrested my wife met with the girl and her mother. They were Best Friends for the last 5 years. My wife asked how the girl was doing and she said fine. She then asked what exactly happened and the mother went and got the girl to tell my wife. My wife said she told her everything and although there was a lot of details (my wife did cry) the girl did not cry or show any emotion. It was like she was just telling a story.
I'm not sure whether the girl was coached by her mother because of what I had told her. Whether she was coached because my brother had met a new girl and had just moved in with her. Or if the mother had anything at all to do with this. But I do know for a fact that my brother is innocent now. I feel terrible thinking this may have somehow been my fault.
If it were not for the economy then I could simply hire an attorney, no problem but I am about to lose my home to foreclosure and have had to sell almost everything I owned to keep food on the table for my family. My business was online with 90% of sales coming from Ebay.
But in January of 2010 Paypal decided to Limit my account permanently for life because my credit score had spiraled horribly due to not making enough money because of the economy to pay my $3000 house payment. Once they did this it basically shut down my entire business because you cannot sell on Ebay without a Paypal account and that was 90% of my business. I then signed up for a merchant account through an actual bank but the website sales had declined so much I could not make enough to pay my suppliers and they shut off my accounts. So around May of 2010 I have been living off the little cash I had saved until last month and we just now applied and were approved for food stamps.
Our mom is a very religious woman and works at a small group home for older mentally disabled adults and only makes $8 per hour. She paid for my brother's first attorney by refinancing her house for $10,000 and giving the attorney the deed to the house so that if she misses the monthly payment of $200 to him, he will take her house.
I have tried everything I can think of to come up with money to help but I canít. I donít have a clue what to do. Indiana State Prison is rated as 1 of the Most Dangerous prisons in the US due to 3 out of 4 prisoners serving long sentences for Murder. http://www.msnbc.msn.com/id/16113803/
Do you know of anyone that does Pro Bono work on these types of cases? Do you have any suggestions on what I could do to help my brother? I know you guys do not know either of us and as far as you know he could be guilty but I assure you that he is not. It is so difficult to get anyone to even listen to his case because of the charge.
But tonight as we are all reading this forum he is sitting in prison alone and thinking this is all he has to look forward to for the next 90 years. He has already had issues with people at this new prison after just a few days in gen pop and this is happening before they even know what he is in for.
No one in my family has ever been charged with any crime like this. No one has ever had allegations against them in our family. But the girlís mother told us all about her brother molesting her when she was younger and that she suspected her own father of doing this to her younger sister. They have Bi-Polar disorder that runs in their family. Please See Below
If you know of anyone or any organization that can help please let me know. We are running out of options and to think my brother may be killed or spend the rest of his life in prison just because we do not have money for a good attorney is mind boggling.
Poor judgment and delusional thinking can cause a child to feel out of control. In some cases, the child may even call 911 to report a parent who has not in fact been abusive. Altered thought patterns are not unusual in children with bipolar disorder, and the child may not understand the dire consequences of a false report. The family's local child protective services agency may become involved and threaten to remove, or actually remove, the child and perhaps other children from the home.
What causes bipolar disorder?
Several factors may contribute to bipolar disorder, including:
Genes, because the illness runs in families. Children with a parent or sibling with bipolar disorder are more likely to get the illness than other children.
Abnormal brain structure and brain function.
Anxiety disorders. Children with anxiety disorders are more likely to develop bipolar disorder.
The causes of bipolar disorder aren't always clear. Scientists are studying it to find out more about possible causes and risk factors. This research may help doctors predict whether a person will get bipolar disorder. One day, it may also help doctors prevent the illness in some people.
I will be posting a reply with the general evidence used in the case. Again I will leave out the specifics of the case.
Thanks for the help
Below is a list of the evidence in the case. Dave’s attorney chose not to call a single witness in his case and therefore the Jury did not hear most of this.
1. The child’s testimony that Dave had molested her. Which she revealed only after viewing a Bad Touch video in school.
2. An expert witness that stated that it was normal for a child between the ages of 5 to 8 that had been molested almost daily for 2 years including sexual and anal intercourse to not show any damage to her vagina or hymen at all. That within 72 hours all damage would heal and appear normal during an exam.
1. Child was sent to a Sexual Assault Treatment Center for an exam. The exam came back stating that there was NO Damage to any part of the child’s body. They did not find any tears, scarring or any other indication that anything had happened to the child. Hymen was smooth with no damage.
2. The child’s mother had Bi-Polar Disorder which she had been treated for and taken medication for. She heard voices and talked with people who were not there as early as a year prior to Dave’s arrest.
3. The child’s Grandfather had also been diagnosed with Bi-Polar disorder which shows a history of the disorder within her family.
4. Child had exhibited symptoms that were consistent with Bi-Polar Disorder.
5. Children that have Bi-Polar disorder are more likely to fabricate stories about child abuse and neglect.
6. Child had previously told school officials that a classmate had touched her. The school investigated and decided that this was not accurate and no discipline was handed out.
7. Child was told by a classmate that her own father had touched her sexually and that she liked it. Classmate also asked the alleged victim if she ever had sex with Dave and she said no. This occurred about a year or so before Dave was charged.
8. Dave had NO previous convictions. His record was spotless.
9. Dave had custody of his 6 year old son. Custody was appointed by the courts.
10. Child had a history of fabricating very detailed stories.
11. Child’s mother was institutionalized for her Bi-Polar Disorder and had disclosed that her own brother had molested her when she was younger.
12. Child’s mother would tell her friends about her molestation when the child was in the same room. This would get the mother everyone’s undivided attention.
13. A month prior to the child’s allegations she had stated that her mother did not pay any attention to her and that her mother was always chatting online. Child had stated that she liked staying with Dave more because of this.
14. Child’s mother had been meeting guys online at Myspace and other websites, chatting and then meeting up with these guys. She had at least on 1 occasion taken the child to meet a guy
15. Only months prior to the allegations, the child’s mother had learned that Dave had logged into her Myspace account and read her messages including one about her meeting a guy and having sex, this guy stated the child’s mother requested he not wear a condom, she was very embarrassed about this.
16. Once the child’s mother learned that Dave had told a few people about this message she asked “How can I get even with Dave?” I want him to pay for this. She was very furious about this. 1 month later the child made the abuse allegations in school.
17. The investigating officer in Dave’s case was reprimanded prior to Dave’s Trial for viewing Pornographic material at work. The only reason this was made public is because a local newspaper had heard the story and threatened a suit under the Freedom of Information Act.
18. Police made no attempt to collect DNA evidence from the house that the crime had occurred in. Even though the house had been vacant since Dave had lived there previously and no one had even cleaned the house. All they did was go in and take photos of the area.
19. Dave’s attorney requested that the child’s mother computer be seized to see if she had used the computer to look up child molestation and used this info to lead the child into the allegation. But the judge denied this request.
20. Child did not cry during her taped interview where she went into details on the allegation. The child was seeking approval from the interviewer on what body parts were called.
21. Dave was a High School Graduate (the only sibling in our family to graduate out of 6). He also attended college.
This list is not complete and we do have even more info. This was a case of Dave not having a good attorney. After his attorney was hired and the down payment was made we learned that his attorney had been Reprimanded 2 times by the State Supreme Court for violations. One of these included providing inaccurate information to a client.
The child that accused Dave was his Step Daughter of 5 years. The allegations surfaced AFTER her mother and Dave separated and Dave began seeing another woman.
I met with the prosecuting attorney prior to his court date. At this meeting the prosecutor stated that it was possible that Dave was innocent and the child was making the entire story up. Her only reason for going forward was that she could not believe an 8 year old would be able to have this much knowledge about sex. She also has girls herself.
Based on the child’s testimony alone, Dave was convicted on all 4 Class A Felony charges as well as 1 Class C Felony Charge and received a total sentence of 187 years. This sentence was then modified on appeal in July 2010 to 90 years.
Although Dave is white, the White Supremacists gangs target those in for child molestation to stab, beat up or kill as part of gang initiations.
Dave’s life is in danger and he is running out of time. Every second that he is in Prison increases his chance of being stabbed, beaten or killed for a crime he did not commit. We do not have the money to pay for another attorney at this time nor even the ability to get a loan.
Dave is INNOCENT. He needs someone to help SAVE his LIFE.
Please Help Us!!!