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Old 06-27-2008, 09:10 PM   #1 (permalink)
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Question my husband needs legal advice! please help us.

if you are a lawyer then please contact me in reguards to my questions. thank you.
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Old 06-27-2008, 10:15 PM   #2 (permalink)
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Originally Posted by cdemonte View Post
if you are a lawyer then please contact me in reguards to my questions. thank you.
What questions?

If you want to hire an attorney, go to the part of the forum where you post your request and see if an attorney contacts you. You cannot just come here and get free legal representation on a message board. We discuss legal issues and offer advice, but you cannot hire an attorney on a message board.
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Old 06-28-2008, 02:55 PM   #3 (permalink)
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Angry Reply To Post.

Im Not Looking To Hire A Lawyer. Im Just Looking For Awnsers To My Questions. My Husbands Case Is Very Complicated. So I Cant Give All Of The Details Of The Case. My Husband Is In County Jail Awaiting Trial. His Daughter Is Accusing Him Om Molesting Her From The Age Of 5 To 17. She Is Now Going To Be 20 In July. They Are Charging Him With Several Different Charges Ranging From Sodomy To Continous Sexual Abuse On A Child. He Is Looking At 25 To Life. He Is Innocent. His Family Is On The Daughters Side. Him And His Daughter Had A Wonderful Relationship Up Until 2005 When She Had To Live With Her Mother. Her Mother And Her Did Not Get Along. She Was A Daddys Girl And His Son Was A Mommas Boy. My Husband Has A Public Defender Representing Him. She Is Not Doing Her Job At All. She Doesnt Believe That My Husband Is Innocent So She Isnt Doing All That She Can To Help His Case. Ive Given Her Several Witnesses Names To Contact About His Relationship His Daughter. All Of Them State That They Had A Great Relationship And He Was A Terrific With Both Of His Kids. There Are So Many Holes In Her Story. She Supposedly Went To The Gynocoligst When She Was 14 And There Was Nothing Found. The Public Defender Is Claiming That She Cant Get Those Records. She Sent In A Psycologist To Give My Husband An Eval And She Said That Report Cant Be Used Because It Was A Bad Report. The Psycologist Judged Him On Things And Called Him A Liar. He Has Only Slept With Two Women In His Life And She Didnt Believe Him. He Also Doesnt Masterbat And She Told Him He Was Lying And Thats Not Normal. How Can She Judge Him Like That And Make Up Her Own Mind On What She Believes. We Asked To Get A Second Opinion And The Public Defender Said No. Its Her Job To Defend My Husband Wether Or Not She Thinks He Is Innocent. What Can Be Done About This? He Asked The Judge For New Reprentation But Was Denied. What Can Be Done About This? Any Suggestions.
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Old 06-28-2008, 03:03 PM   #4 (permalink)
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Your case is complicated and detailed and much of it boils down to he said she said. If you are not satisfied with your legal representation, get another attorney. I don't know exactly what you want anyone here to tell you.

Unfortunately "witnesses" regarding what a great father he was does not negate allegations of abuse. Virtually every time you read about abuse in the news, it is followed with dazed neighbors and family members saying "I had no idea--he was such a NICE guy"........

The law boils down to what you can or cannot prove. Period. Feel free to get another attorney if you aren't satisfied. I wish I could offer you more, but I am still not certain what your question is.
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Old 09-01-2008, 03:48 PM   #5 (permalink)
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Is there any character witnesses who can help your husband? someone who saw them together on numerous times.
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Old 09-01-2008, 05:03 PM   #6 (permalink)
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Is there any character witnesses who can help your husband? someone who saw them together on numerous times.
Oh for the love of Marty Feldman.

You DONT WANT a character witness who SAW THEM TOGETHER---that isn't a character witness---that would be a witness of the STATE against him in his CHILD RAPE trial, dude.

I remember the good ole days when spammers would just post a junk link and not TRY to insert something even remotely related to the thread with it.
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Old 09-03-2008, 02:06 PM   #7 (permalink)
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Probably the only way to get through this case for those on the Daddy's side is to remember that these charges have to be proven. That means that Daddy is going to have to pony up some fees... in the $20K range for a professional psychologist to talk to the "child" and to determine exactly what has brought their relationship to this state. There are convicted Dads who really didn't do anything wrong... and there are released Dads who were far too friendly. But the charges listed here are the kind that require stringent questioning in court if she sticks to this story. This "child" will be damaged if that happens. At her age, just what is it she wants???? This question is going to be the crux of your problem.
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Old 09-03-2008, 02:56 PM   #8 (permalink)
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In my opinion, paying for a psychologist to evaluate the plaintiff in attempts at constructing the fathers defense isn't something they (the poster or her husband) should innitiate. The court will, undoubtely, ask for their own INDEPENDENT evaluation. Obviously, an evaluation the FATHER pays for is going to be viewed as prejudicial by the court. If an evaluation of any kind is going to be done to vindicate the father, it needs to be done under the auspices of his attorney who has access to specialist who are not only familiar with the subject matter, but also the process of testifying in court.

If he hires someone on his own now, he can, obviously, get some answers for his own peace of mind ( or conversely, NOT for his peace of mind). But, I don't think that testimony would carry nearly the weight that a professional hired by the court would.

Also, another important point that would make the hiring of a mental professional difficult, if not impossible---The 'child' is of age, legally. This means if she doesn't want to be 'questioned', she does not have to be.

I suspect she has no interest in being questioned by someone--anyone--hired by her father. Period.

One other thought--perhaps the PD's feelings spring from the merits of the case---her thinking he is guilty doesn't mean she won't represent him well. It means if she isn't convinced of his innocence, then a jury or a judge probably won't be either. Her rejection of certain premises or "evidence" may well be tactical in nature--introducing certain 'evidence' can be a Pandora's box on cross examination. I am not sure her comments suggest her lack of interest as much as they may indicate her inability to use certain elements she views as risky if they are presented as part of his defense.
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Old 09-03-2008, 03:14 PM   #9 (permalink)
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Well, you are right about the lawyer being the person to initiate the search for a psychologist, mostly because the lawyer is the only one who has the references on who to get for court testimony, who is believed, who is well documented... I was pointing out that the cost is still borne by the defendant and that it is a big one. To go into court without some insight from her is to go in without discovery... only an inexperienced lawyer would do that. To be very blunt about it, even a part time courtroom tv watcher would be aware that you can't hire somebody a psychiatrist and demand that they speak to them. But then we know that your point was made to be sure poster realized this very salient fact... because who knows? Maybe she's never watched TV.

And frankly if it becomes an issue that the daughter seeks NOT to face a psychologist, then it surely becomes more of a hesaid/shesaid situation where the court cannot find him guilty without other testimony. That means the lawyer SHOULD seek character witnesses for the father... especially those that the daughter would have been close to... as many as possible. At least one for every damaging bit of testimony her side brings in.

I still espouse getting more insight on what the daughter wants out of this. If he is truly innocent, then she must have some motivation to do this kind of damage to her daddy. Has she lied in the past? Has she been manipulated in the past? Have spurious charges been part of the marital acrimony? I'm not suggesting he question her. I'm suggesting that he may already know but that he hasn't told his attorney.

Last edited by boykinmama; 09-03-2008 at 03:26 PM.
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Old 09-03-2008, 06:57 PM   #10 (permalink)
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And frankly if it becomes an issue that the daughter seeks NOT to face a psychologist, then it surely becomes more of a hesaid/shesaid situation where the court cannot find him guilty without other testimony.
Two things come to mind.

First, a victim of a crime in no way must seek psychological evaluation in order to provide compelling truthful testimony. In fact, to make her undergo a battery of evaluations to "prove" she was victimized is victimizing her again.

Secondly, you state without a psychologist input, it is her word against his?? This is categorically untrue. This context is very different from, lets say a case where the defendant is charged with a capital crime and is trying to plead insanity. THERE the testimony of a psychologist or psychiatrist is critical. In a case where an adult child is alleging child molestation or abuse, what would a psychologist testify to any way? He cannot tell if she is telling the truth or not--no one can--which is why lie detectors are inadmissible. Why would she have any reason to AGREE to be evaluated by HIS doctor to see if she is being truthful?

Bottom line: While it is often necessary for mental health professionals to testify regarding the mental health of a DEFENDANT, the opposite is not true. Lack of "expert" mental health testimony does NOT reduce the charges to word against word. An expert cannot discern if she is telling the truth.

Evidence. Evidence a crime was committed---eyewitnesses, dates, times, specificity of events, firm unaltered testimony---all of this is paramount in supporting her charges---even in the absence of a psychiatrist report. SHE isn't the one on trial.

Also, I am not sure what this means: "To go into court without some insight from her is to go in without discovery... " They will have a lot of insight from her IN the discovery phase. They don't need a psychiatrist to do that. The charges against him and the evidence against him will be provided for the defense during discovery----she will have made sworn statements to the authorities, all which will be part of the record. To proceed without a mental health evaluation in no way affect discovery, or lack of it.
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