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  1. #11
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    Jul 2018
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    Default Re: Police Officer is Having an Affair with a Crime Victim

    Quote Quoting Stalker30
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    I was served with a TPO, while I was instructed by my attorney to send the surveillance video to preserve the evidence of here cheating.
    This sentence is a mess. I assume the word "here" should have been "her," and that you're talking about your wife, but it would be helpful to know why you have an attorney and why evidence of her "cheating" is relevant to anything.

    Quote Quoting Stalker30
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    We have a shared Email address, and wen I sent the links she saw them in the sent file
    SMH....

    Quote Quoting Stalker30
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    Does this create a conflict of interest?
    Probably, but so what?

    Quote Quoting Stalker30
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    It seems like it is Ethically and Morally wrong to take advantage of a so called victim?
    Despite your use of a question mark, this sentence is not a question. If you intended a question, I cannot discern what you intended to ask. However, subjective notions of ethics and morals are not legally relevant.

    Whatever your concerns are, you obviously should discuss them with your attorney.

    Quote Quoting cdwjava
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    Not really. It CAN be, but by itself, having a relationship with another witness is not going render his testimony non-credible.
    Credibility is up to the finder of fact. It's not something that can be determined in advance with absolute certainty, and "budwad's" statement that the officer's testimony (if he gives any) is "tainted" is accurate because it is subject to being challenged for bias.

  2. #12
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    Sep 2005
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    Default Re: Police Officer is Having an Affair with a Crime Victim

    Quote Quoting pg1067
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    Credibility is up to the finder of fact. It's not something that can be determined in advance with absolute certainty, and "budwad's" statement that the officer's testimony (if he gives any) is "tainted" is accurate because it is subject to being challenged for bias.
    Hence my caveat, "by itself." Of course the court can choose to accept or reject the testimony as it sees fit, but the mere fact that the officer is sleeping with the petitioner does not discredit his testimony.
    **********
    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. #13
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    Nov 2013
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    Default Re: Police Officer is Having an Affair with a Crime Victim

    Quote Quoting cdwjava
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    but the mere fact that the officer is sleeping with the petitioner does not discredit his testimony.
    What planet are you living on Carl? That is a gross conflict of interest and very unprofessional to say the least. The officer's character is trashed.

  4. #14
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    Default Re: Police Officer is Having an Affair with a Crime Victim

    Quote Quoting budwad
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    What planet are you living on Carl? That is a gross conflict of interest and very unprofessional to say the least. The officer's character is trashed.
    I never said that it was ethical, and I even went so a far as to state earlier (maybe in the other thread) that the officer's actions might be a violation of policy. But, no law was broken and unless there is subjectivity given within his testimony, what he has to say cannot automatically be discounted. A biased witness can still be a witness. We allow spouses and loved ones to testify all the time. While certain aspects of his testimony might be subject to a biased interpretation, others are not. If his involvement was merely taking the initial report of what the victim had to say and signing the warrant, then I suspect there's no arguable bias. If he testifies as to firsthand characterizations of the suspect's actions, then his testimony might be granted the same wariness the victim's and the suspect's might be as he is no longer a disinterested, neutral party.

    His credibility is not rendered moot simply because he has a relationship with the victim.
    **********
    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. #15
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    Oct 2014
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    Default Re: Police Having an Affair with Victim

    Quote Quoting cdwjava
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    Not really. It CAN be, but by itself, having a relationship with another witness is not going render his testimony non-credible. It also depends on what it is he will testify about. If everyone who who had an emotional attachment to a case had their testimony rendered moot, then the OP and his ex would also be tainted, and so would anyone who knew them.
    You have a bias inherent towards cops (which is not a criticism, it's just human nature to be biased in favor of the same group to which you belong), so I'm not surprised that implicit in your responses is the belief that the cop would not lie about the facts. But some cops have been known to do just that. So this is not just relevant to "opinions" as you stated. Indeed, in general opinion testimony is not permitted unless the witness is testifying as an expert witness. The relationship with the victim risks the jury discounting his testimony since he now has an incentive to favor the victim in the case. Just as juries will take into account the self-interest of the victim and the defendant themselves. A lot goes into a jury's determination of the credibility of a witness, so it's impossible to say what effect it would have without actually seeing the testimony. But if I were the prosecutor I would certainly not be happy that the cop who is potentially a key witness now has a bias problem, thus making my job that much harder.

  6. #16
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    Default Re: Police Having an Affair with Victim

    I do not disagree that the testimony could be problematic. I disagree only with the presumption that because he is in a relationship with the victim that his testimony can and should be disqualified. Personally, I find such a relationship unethical and a likely violation of the agency's policies ... if truly borne from a contact through his employment, and continued to the point of his being part of any investigation. Had he been one of my officers, he would have been suspended pending an investigation and would never have been permitted to come within a mile of this case. Of course, we don't know for certain that there IS a relationship with the officer. In my time I have been accused of relationships that never happened, and even once had to counter allegations made when I was attacked at trial over an entirely false allegation of an affair with the complaining party and primary witness in a child abuse case (a woman who I had met twice, and both times in the presence of other officers). It was a distraction technique that failed miserably, but distracted the jury for a half day.

    We do not know what the officer might testify to, or what he asserted. His agency should have at least removed him from the case if he does indeed have a relationship with the victim. But, as I said, depending on what his involvement is, what he has to say may not be an issue. If all he did was swear out the complaint based upon the information provided by the victim, then that is not likely to be as damning as it might be if he provides some form of personal observation. With luck, the prosecution will have better witnesses to present at trial than the one whose testimony may be subject to allegations of such bias.
    **********
    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

  7. #17
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    Jun 2014
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    Default Re: Police Having an Affair with Victim

    How do you know the officer is sleeping with your wife ? If the officer denies it under oath. What evidence do you have ?

  8. #18
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    Default Re: Police Officer is Having an Affair with a Crime Victim

    Quote Quoting cdwjava
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    Hence my caveat, "by itself." Of course the court can choose to accept or reject the testimony as it sees fit, but the mere fact that the officer is sleeping with the petitioner does not discredit his testimony.
    And again, I disagree. A finder of fact (judge or jury) may well choose to discredit the testimony because of "the mere fact that the officer is sleeping with the petitioner." If all you're saying is that it's not automatic that the officer's testimony will be discredited, then I agree with that. It is certainly possible (albeit, IMO, unlikely) that some finder's of fact would not discredit the cop's testimony for this reason.

  9. #19
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    Aug 2018
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    8

    Default Re: Police Officer is Having an Affair with a Crime Victim

    Thanks for all the input, I have resolved the case, My attorney prepared a packet with the information I had on text logs, and public (social media) posts of the Deputy, and interactions with my wife. The DA decided to dismiss all charges, the Deputy was put under IA review, and later Fired.

    A good Time was had By All

  10. #20
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    Oct 2014
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    Default Re: Police Officer is Having an Affair with a Crime Victim

    Quote Quoting Stalker30
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    Thanks for all the input, I have resolved the case, My attorney prepared a packet with the information I had on text logs, and public (social media) posts of the Deputy, and interactions with my wife. The DA decided to dismiss all charges, the Deputy was put under IA review, and later Fired.

    A good Time was had By All
    I'm glad that you came back to provide an update. Too few of the people posting here do that. Congratulations too on what appears to be a good outcome for you in the end. I had said earlier if I were the prosecutor I'd not be happy that the officer and an affair with the victim, and it looks like the DA indeed had that same reaction. I wonder if the cop believes the sex he got was worth the cost of losing his job and the prospect that other agencies may not be keen to hire him for fear he'd do the same thing again.

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