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  1. #1

    Default Police Interference With a Criminal Investigation

    My question involves criminal law for the state of: MI

    5 years I ago I was sexually assaulted by my female domestic partner at the time, requiring surgery to correct. This incident was reported to the University police repeatedly, but the theory is that due to my previous run ins with that department and the female suspect being both alumni of the university and having extensive police family, the university police refused to investigate. Three further attempts were made over the course of the next 2 years to report the situation, including a full emailed statement of everything that I sent to the police communications center and various title IX related departments throughout the university. We believe this provoked the police to retaliate against me and attempt to violate my probation (I was on probation at the time for possession of Adderal) for writing something stupid on my Facebook page.

    When I flew back to Michigan for that violation hearing the university detective was present along with the ex girlfriend and her police uncle, in attempt to testify against me to violate me. The judge dismissed the case without allowing testimony from anyone, we think because she understood that this was retaliation for my attempts to report the sexual assault to the university. Finally 1 year after that when I was finally released from probation I contacted the city police department instead about the sexual assault and a full investigation was actually run and submitted for prosecution, however charges were not filed due to an alleged lack of evidence.

    What we later learned (a month ago) through some sources, however, is the university police attempted to interfere with the city police investigation and subvert it via collusion between the university detective with a vendetta against me and her partner detective at the city police department. Their IA department caught this happening and fired the city police officer, fired the university police sgt. Detective, and suspended and demoted the university police detective with a vendetta against me from lead of their SVU unit. Their SVU unit was completely restructured with an actual sgt. assigned to supervise, lead, and be spokeswoman to the unit (before it had been two detectives in charge) Another city detective was assigned to finish the investigation.

    Obviously this has been a very stressful and upsetting ordeal, and I’m wondering if I have any sort of recourse for justice in a situation such as this. Perhaps a lawsuit? Should I contact a lawyer?

  2. #2
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,306

    Default Re: Police Maleficience

    The only way to see if you have a valid case is to speak with some attorneys who might be willing to look into things. The circumstances you outline may be the result of malfeasance, but they could also be the result of other events. What you believe happened and what the involved agencies will say happened could be different animals altogether. or you to prevail, you will likely have to pony up tens of thousands of dollars for an attorney and then hope that witnesses will corroborate some form of conspiracy against you ... and be able to prove that the officers involved would be willing to risk their careers and freedom just to screw with you. I suspect your case will be a longshot, but, most consultations should be free. And, here's a hint, if the attorney agrees to take the case on contingency and gets on the phone to tell his wife that they're going to Hawaii next year, your case is a winner! If he asks you for $30,000 as a retainer, it's much less so.

    Ultimately, you have to remember that criminal investigations are a political matter and you generally do not have a legal right to an investigation at all - much less a competent one. And there is no guarantee that charges can or will be filed even if there is evidence of a crime against you.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  3. #3

    Default Re: Police Maleficience

    Thanks for the insight. Yeah the events are all well documented, it was a really crappy experience. Sad when politics outweigh the letter of the law sometimes, but I guess that’s just how it works.

  4. #4
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,306

    Default Re: Police Maleficience

    The "letter of the law" does not mandate an investigation in most instances, and certainly does not mandate a filing even if a competent and thorough investigation IS completed. Not to mention that what you believe happened and what actually transpired may not be the same thing.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  5. #5

    Default Re: Police Maleficience

    I understand. But with all due respect then, how can this country claim equality under law and have any sort of faith in its justice system and due process, if regional politics and personal vendettas, perhaps even collusion, are allowed and accepted to override true justice. How can investigations and competent ones at that be allowed to be discretionary on political sentiments and not evidentiary facts? I understand that’s just how it is, but I don’t understand how it can be justified in this country with all its ideals on justice and equality. Maybe I’m asking to big of questions. But this was a pretty big deal and I still struggle with the fallout from the assault. And yes, I pretty much know for a fact why and what happened to the officers involved in this situation. I ‘know’ certain people.

  6. #6
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,306

    Default Re: Police Maleficience

    It has been my experience that what people "know" is not always the truth - or at least not the whole truth.

    And the overwhelming truth of the matter is that we cannot afford to investigate each and every criminal complaint. Simply put, there simply are not the resources and the public would not be willing to pay for the cost to do investigate and prosecute every offense that comes to the attention of the police. It's why we are getting creative with diversion programs and even decriminalizing drugs and (effectively) many property crimes. The investigation and pursuit of crimes has always been a political decision. Got a county where marijuana is seen as no big deal? The police and the DA are not going to deal with it. Got a case where the victim is a criminal several times over and is not at all credible on the stand? Not gonna take the time out to prosecute it (maybe seek a plea deal if anything). Many factors enter into the process, but it is simply not practical to pursue each and every case. As it is, many serious offenses take a year or more to ever get into a court room. Where I live two vehicular homicides have been pending for over a year and the suspects have been out pending assorted court hearings and trial. The system moves slowly.

    You are certainly free to advocate for higher taxes to pay for more cops, prosecutors and court personnel, but be prepared for a huge bill.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

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