This is bad policy, and would - in my mind - be grounds for discipline by itself for a HOST of reasons (FLSA laws and officer safety among them).
That plays against him big time if he was OFF duty and no on the clock.Was your place on his way home or was it out of the way? I found out that it was completely out of his way. He lives close to Los Angeles. My attorney's found that out.
It could also be an issue as to whose idea it was to bring the papers TO you? His? Yours? Your fiance's?
This might actually support a claim of a lack of criminal intent. After all, if he were trying to be sneaky, he would have parked the car in a hidden location and would have avoided contact with anyone ... and, had he really wanted to be on the Q.T. he would have changed into street clothes.He came in the house at 11:40 he spent time in his car my neighbor said she saw him fumbling around in his car, and then he talked to the neighbor for about 2 minutes.
Then the question becomes, "If you could push him off so easily at 1 AM, why not before that?"at 1:00am I pushed him off of me and told him it was my mom calling to check on me and that she lived in the apartments next door and that if I didn't answer she would come over. pushed his gun belt and clothes out of the way and went into the living room and answered the phone.
This does not seem to support a claim of force or fear. Your conversation with the person on the phone could also be important ... they should ask if you sounded afraid, scared, happy, normal, odd, etc. If no mention was made of a sexual assault, and if no unusual comments or tone of voice was identified, then that plays against your claims.
But, please note that I do not intend for you to post each and every action or what he did, I am just pointing out that this particular instance potentially weakens a criminal case.
Not proof of rape as it can be explained as exuberance or a form of sexual play. "Spanking" can be a common activity in some relationships - and two swats are not going to be particularly egregious or threatening.When I came back into the room he was half dressed and out the door within 5 minutes. He had only slapped me twice and left small bruises on my behind, I wasn't doing what he wanted so he got frustrated and smacked me hard enough to sting.
If he was NOT in a county car, that can play against him.I went out to make sure he left and I locked the gate after he walked out, I tried to see his car but all I could tell was it was an small suv. He blacked out his lights when he left. It was not a police car.
As I see it so far, I see a potentially good claim for a "Sustained" finding in an internal investigation for a number of procedural violations even if forcible sexual activity can not be shown. An argument MIGHT be made for termination based upon his actions, but that would depend on a few other factors.
A criminal case is going to be tough absent some serious breakthroughs in any investigation.
- Carl

