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Falsely convicted of sexual assault (self.MensRights)
20yearsforalie が 6時間前 投稿
If this is not the place for this, I apologize. I'm not sure where else to turn anymore. A friend of mine was convicted of sexual assault in 2008 on an ex girlfriend. He was convicted solely off of testimony. Items were confiscated from her apartment as evidence. Underwear, sheets, clothing, etc. DNA testing was never done on these items, and he's been fighting to have the items tested for 8 years now, but the state of Texas is giving him the run around. She refused to have a rape kit done, but she was physically examined and the report stated no signs of forced intercourse. He was sentenced to 20 years in prison based off of her testimony without any DNA testing whatsoever. He has reached out to the innocence project and they say since he knew the alleged victim, they could not help him. The state of Texas is denying his motions to have items tested stating that identity of the attacker was not an issue, but he wants to prove his DNA isn't present on items she claimed to have been wearing before and after the fact. I've spent countless hours, days, months, years trying to help him but we've hit a wall. Does anyone know of any resources or anything at all. We're pretty desperate at this point.
[–]cld8 3ポイント4ポイント5ポイント 6時間前 (0子コメント)
At this point, he needs a good lawyer. Shell out a few thousand dollars and hire one for him. That's really all you can do.
[–]scruffist 4ポイント5ポイント6ポイント 4時間前 (3子コメント)
In my opinion, you don't need a lawyer, you need a spotlight (bad press) that embarrasses the people who aren't doing what's right/fair/their job. No one has any incentive to act right now and that's what you need to happen. It's not much but here's my suggestion.
Get on Google and start digging for every article you can find that's:
This will be hard. The first few will be hard to find, after you get better at searching you will have the problem of thinking you have too many. Keep gathering anything you find in the last five years.
Start a spreadsheet. Note the publication, article title, summary, and all available contact information for the reporter/journalist/authors of each article — name, email, Twitter handle, LinkedIn, etc.
Make several versions of this spreadsheet so that you can use different ranking strategies with the same data. For instance, single out
Make special note of any journalists that have written several stories on the same topics. Also make special note of any long-form writers who've written very detailed big stories on these topics. These people are often on the lookout for a very unique story that could help them build a career and change the fate of a case.
Write up a brief story pitch that you can personalize for each person you send it to. Alter your focus so that the message you send to reporters who've documented false accusations speaks to that specialty and the message you send to reporters who've been critical of the listen and believe movement addresses that specific interest. The message should be short, compelling, and factual. Ask for help telling your friend's story and trying to get fair treatment for him. Be absolutely honest at all points, because a good reporter will abandon you and the story if they sense any dishonesty.
Be patient and respectful, but persistent contacting these journalistic folks. The more people you can get to write a story about your cause the better. You might also start a crowdfunding campaign to raise money for attorney fees, experts, evidence testing, etc. for your friend. You can make that part of your story pitch if you do. Once you get a few people to write about your friend, contact all the people who didn't get back to you or turned you down with a new pitch citing that new article that you got written about him.
It's a very difficult uphill climb, but press attention may be able to help:
Whatever you do, I hope your friend gets somewhere with his appeals. Sorry to read about his situation and hope he can get justice. You're a good friend for sticking with it for eight years.
[–]20yearsforalie[S] 1ポイント2ポイント3ポイント 4時間前 (2子コメント)
Thank you so much for the advice. We've been discussing getting some form of press involved but I was really lost on just how to go about it as a lot of people aren't very sympathetic to his situation. That does help and I'll look into all that you've said.
[–]bigeyedbunny 0ポイント1ポイント2ポイント 3時間前 (0子コメント)
There is also Cotwa. Info with hundreds of horror situations like this one
This man suffered for 28 years because a woman dreamt he raped her. He was fully innocent too:
http://www.denverpost.com/2016/05/04/second-trial-of-clarence-moses-el-postponed-until-november/
[–]Pariahdog119 1ポイント2ポイント3ポイント 6時間前 (0子コメント)
r/legaladvice
[–]bigeyedbunny 0ポイント1ポイント2ポイント 5時間前 (9子コメント)
At least it's good that he has you standing up for him and trying to help him.
Why exactly did she make up this false accusation? his lawyer might work on that.
The trial had a jury?
[–]20yearsforalie[S] 1ポイント2ポイント3ポイント 5時間前 (8子コメント)
She was having an affair with him behind her husbands back and he found out about their relations. He was under the impression that they were going through a divorce as she had a separate apartment her husband didn't even know about. So, she made these allegations to cover the affair up in an attempt to save her marriage I suppose. She gave her husband this elaborate story and he wanted her to go to the police and report it. I'm not sure if she expected her story to snowball into what it did.
He did have a trial with a jury, but he had court appointed attorney that didn't do much for him.
[–]DougDante 2ポイント3ポイント4ポイント 4時間前 (0子コメント)
a lawyer will probably seek a retrial based on inadequate legal representation at the first trial.
a private detective might investigate the victim's friends to find out if she had confided in them that she had lied.
these things all take money.
[–]bigeyedbunny -1ポイント0ポイント1ポイント 5時間前 (6子コメント)
Free, appointed from office lawyers do nothing.
He didn't care about his life or future, that he let everything at the mercy of strangers?
This story is incredibly sad.
A lawyer would easily find hundreds of inconsistencies in her made up stories
[–]Pariahdog119 2ポイント3ポイント4ポイント 4時間前 (5子コメント)
If you have no money, you get no justice.
Interesting tidbit- former Ohio Attorney General Jim Petro did some research - after finding himself in the unusual position of defending a falsely convicted rapist in court while in office as AG - and discovered that people who plead not guilty and insist on their innocence, rejecting all plea deals, are (gasp) almost always innocent. And yet these people are the ones who get the longest sentences.
It's in his book, False Justice.
[–]20yearsforalie[S] 2ポイント3ポイント4ポイント 4時間前 (4子コメント)
He was naive about it, no doubt. He told me he knew there was no sort of physical evidence and truly believed that he would be found not guilty because it was hearsay. His original charge was aggravated sexual assault because she claimed he held her at knife point. They offered him 12 years to plea. He declined even after he was told agg carried 99 years. He was found not guilty of aggravated sexual assault but guilty of the lesser included charge. The sentence on that is 2-20 years. Judge asked him if he had anything to say to have her consider a light sentence and he said no, because I'm not guilty. So she gave him the max.
[–]Pariahdog119 1ポイント2ポイント3ポイント 4時間前 (0子コメント)
I'm not sure about your state, but there's laws in some places about maxing out first time offenders. Also, they have to find facts to max the sentence out. Definitely go to r/legaladvice and ask around for a lawyer who knows your state's laws.
Just remember, they're a lawyer, not your lawyer, unless you pay them.
Emails, text messages exchanged between him and the cheating wife, any other witnesses should be a plus.
Good that he wasn't sentenced to death though. Thousands of innocent men were sentenced to death throughout history, for nothing other than a lack of charisma.
[–]TeslaCoconut 0ポイント1ポイント2ポイント 2時間前 (1子コメント)
As bigeyedbunny mentioned, were there any texts? Although I imagine much of evidence is gone by now.
[–]20yearsforalie[S] 0ポイント1ポイント2ポイント 2時間前 (0子コメント)
His cell phone was seized when he was arrested and the alleged victim went to the police department and stated the phone was hers and mind blowingly they gave it to her. He filed a writ of habeas corpus where he tried to argue that issue among others, but he was denied. He claims there was exculpatory evidence on it, but it's long gone.
[–]docmongre 0ポイント1ポイント2ポイント 2時間前 (1子コメント)
Welcome to privatized prison. Why would they release him when they get paid for him being there? The incentive is not to preserve justice, but to preserve prisoner counts. Either you get him a good lawyer or he's fucked.
[–]Ultimate_Failure 0ポイント1ポイント2ポイント 2時間前 (0子コメント)
You're retarded.
[–]Kramsiwel 0ポイント1ポイント2ポイント 2時間前 (0子コメント)
Come on men's rights , open up mommies purse and help the guy
π Rendered by PID 18253 on app-319 at 2016-07-26 06:27:23.585321+00:00 running fd408cd country code: JP.
[–]cld8 3ポイント4ポイント5ポイント (0子コメント)
[–]scruffist 4ポイント5ポイント6ポイント (3子コメント)
[–]20yearsforalie[S] 1ポイント2ポイント3ポイント (2子コメント)
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[–]bigeyedbunny 0ポイント1ポイント2ポイント (9子コメント)
[–]20yearsforalie[S] 1ポイント2ポイント3ポイント (8子コメント)
[–]DougDante 2ポイント3ポイント4ポイント (0子コメント)
[–]bigeyedbunny -1ポイント0ポイント1ポイント (6子コメント)
[–]Pariahdog119 2ポイント3ポイント4ポイント (5子コメント)
[–]20yearsforalie[S] 2ポイント3ポイント4ポイント (4子コメント)
[–]Pariahdog119 1ポイント2ポイント3ポイント (0子コメント)
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