Why Won't They Drop The Charges?

[kist]

No, it doesn't. No matter how voraciously the MINOR CHILD behaved, it doesn't change the LEGAL concept of consent. There is no action or behavior that she could do that would make this into legally consentual sex. And it has NO bearing on his liability for the criminal charges, even if he was on any combination or variety of drugs.

I'm not sure things are so cut and dried in Texas I believe there is plenty of wiggle room, Especially in a case where defense is allowed to show a pattern of lies. (which they may not be allowed to do) And even more so if the child had been given a hypnotic under medical advisement (chances of course are 1 in a million). In Texas if the minor contributed to the impairment of the adult and initiated sex that would be a defense (Ex. A minor child slips mom a mickey or takes advantage of her when she comes home drunk or knocked out on Valium no one expects the mom to be charged)

In states with ridged strict liability laws where it looks hopeless a possible defense is attacking the inability to mount a defense and resulting violation of the sixth amendment right to a fair trial.

[mrsdlgabriel]

And another thing that I am not quite comfortable with, is the judge. The judge we had is the same judge that prosecuted the brother for the same same crime with the same child, and had no evidence. This is a conflict of interest. She will not let it in the court that she had been allegedly abused prior to this. The judge had been moved to a different district, and his case had been transferred to a different court, but the last time when the trial came back up, the old judge left her jurisdiction to come back and try this case. How can this happen?

This was in no way consensual, he is a victim, she took advantage of him, he has no memory of anything but waking up. Rape is a act of intention. Research the side effect of ambien, there are hundreds of threads and new FDA warnings including sex while sleeping, many couples are getting divorces, because the fact they are being taken advantage of while they sleep. He starts crying every time someone tells him that it could have been possible for him to have reacted to her stimulating him while he was asleep, this would be an act of autonism.

She has been caught many times fondling sleeping girls, including both his daughters. She claims to be a lesbian, so that her lesbian mother will accept her. She lived with him for three years prior to the incident, and she said he had never touched her in any kind of a inappropriate way before this. The oldest daughters testimony has been thrown out as there are too many discrepancies in her story, and has been trying to make contact with him, to become part of his life again with the grandchildren.

[cyjeff]

There is no "if the rapist is on drugs or alcohol" loophole in the rape laws.

Conflict of interest does not extend to a judge trying a case with the same witness/victim in it.

Further, most people would be appalled at the introduction of a rape victim's previous sexual history as a defense to the rape.

[kist]

"Weasel words."

Many think my client's IQ contributes to his unconventional and sometimes chaotic thinking. Experts note the same traits in Ted Kaczynski (The UnaBomber - IQ 175) and Bobby Fisher (IQ of 187)

Everything was implied nothing substantiated. In law you must substantiate everything.


List the facts She made similar allegations against her Soccer coach Bob **** in 2007, her HS guidance consoler Jane ****** in 2008. Her dealings with the law has resulted in "shoplifting charge from Wal Mart 2006 (adjudicated, but reverted to guilty after she failed to follow court instructions)


You see? There isn't any sense in building a case out of rumor because it won't be allowed in court Build on facts. Now try again to be impartial and list the facts of the case.

Don't pick on Judges, they stick together.

[mrsdlgabriel]

We finally had our trial. A confirmed NOT GUILTY!!!!!!!!!!!!!!! The girls story was so bogus.... Not one of her statments matched her original out-cry. The ex-wife and step-daughter also testified, but their statments were just a bogus. They jury took a long time over 6 hours of deliberation. We have found out that on the very first vote it was 8-to-4 not guilty. There is a God and there is allways hope. The Ambien was not even considered in this case.

So for anyone else that may have to face something like this, knowing they are innocent please have faith, and do much praying. Keep your head held high, and may your faith be stong.

He turned down a 10 year plea agreement that would have been probated, that his lawyer stressed him to take. To go all the way , because he knew he was innocent.

P.s. It allways helps to have a great attorney. Ours was the DA here for over 15 years.

[cdwjava]

If I get this correct, he was found not guilty because the witnesses' credibility was in question, not the facts of the case ... since as I recall, the defendant admitted the act occurred, he just claimed to be out of it and not aware it was occuring.

He got lucky. Hopefully he has changed his medication and is not so out of it any more.

Thank you for the update.

- Carl

[mrsdlgabriel]

He had never taken the Ambien again after that night. The defense we used, was Intent. He did not cause the contact, she did. Therefore it was not his intent. He was never inside her, he never touched her.

Example. 1 -Contact- If you are just standing there, and some kids walks up to you and grabs your genitals, and you push the child away, should you be charged?

No, only if you don't stop it immediately.

Example. 2a- Possession- you are sitting there and someone put some cocaine in a piece of paper wadded it up, you don't know whats in the paper. They throw it to you, and you catch it, is it possession? Yes

Intent to posses? No

2b.-Now your eyes are closed, someone does the same thing, does not throw it this time, but sets it in your lap. Is it possession? Yes

Intent to posses? No


He revoked his 5th amendment right and took the stand and testified, he told the truth. We had the case won before she was ever done with her testimony, she told three different stories on the stand. She now also said she was never on top, that he was on top the whole time. The 15 witnesses, SANE nurse, CASA interviewer, the sheriff, CPS, the ex-wife, both daughters, and every other witnesses report, she stated she was on top.



So no I don't think we got lucky, I think the truth has finally come out. And no one can keep their lies straight anymore. The ex-wife now, is taking revenge on the youngest daughter, after the out come yesterday. Since she was on her father side with the truth. With-in an hour after the verdict she had her phone cut off, froze her bank account, and call her current boy friend, told him she was there with a previous boy friend, he broke up with her last night. Like I have stated before have you never heard of some who has to try to make other peoples lives miserable because the have lost everything in their life due to their own actions, and want to make everyone else pay because they are happy in their lives. And it would have been worse if the ex-wife was not reminded she was still on probation and that if she lied it would be revoked.

The girl claims she was "raped" less than one month after she accused him, 6 months after that, and 5 other times since. The last time was less than 4 months ago, and she is claiming to be pregnant for the 4th time. Now come on how many times can one person be raped. And I say this as a rape victim.


I am not saying this girl is not a victim, I think she needs a lot of help. And I hope she gets the help she needs. I just feel sorry for the next one she tries to accuse. And it will happen.

[cdwjava]

He had never taken the Ambien again after that night. The defense we used, was Intent. He did not cause the contact, she did. Therefore it was not his intent. He was never inside her, he never touched her.

But, he could easily have not been believed. Since he admitted to some measure of the act, it could have been interpreted that he was lying and that the girl's account was the truth (and I forget what her account might have been). That's what I mean by "he got lucky". Most cases like this hold a great deal of sympathy towards the victim, and any bad choices or sexual activity since then can often be pointed backwards to a single incident or series of incidents such as the seduction by an adult relative. So, the fact that has since had a history of drama could have been blamed on his actions rather than on the girl's own character flaws. But, even so, her issues came from somewhere. A 10 year old girl does not just develop sexual tendencies out of the blue.

So, my saying "he got lucky" is not an indictment of him or his guilt, but merely to point out that this could have played against him. Had the DA been more well versed in sex crimes cases, or his defense attorney less adept at his function, the verdict could have been much different.

- Carl