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They say there is no audio tapes
Posted: Mon Dec 24, 2007 1:11 pm
In my ex's discovery from CPS/DSS they claim there are no audio or video tapes. But I know they taped my conversation when I first went down there with my daughter. I know because he told me we would be taping the conversation, and I signed papers stating that I knew our conversation was being audio taped. And half way through, he flipped the tape, I remember it so vividly. The second time I was audio taped was through a phone call to my ex, again, they claim there is no audio tape. This is interesting to me, because in the typed of interview, they have me saying a few things I never said. They claim I repeatedly used the word, penis, which I never did, I am sure those audio tapes would prove they put words in my mouth.
Another thing is, they video taped my daughter's interview. They said they wouldn't be video taping, but after the interview my daughter was wandering around, and opened a closed door, behind it was one of the investigators looking at a video of my daughter's interview from minutes before. They also claim there is no video eveidence. I know there is, so why are they withholding this? Can they flat out LIE and say they don't have that evidence? I'm meeting with my lawyer in January to discuss all of this with my ex and his lawyer, and see what we can find out. But I just remembered that they did tape things, and I looked over the discovery and it says, not in possession of audio or video tapes.
Posted: Tue Dec 25, 2007 4:40 pm
how did they do a type of the interview without having the audio tapes to listen to, unless they had a stenographer in the room? Which I doubt. Call them out on it.
Did you get copies of the papers you signed?
Posted: Tue Dec 25, 2007 5:27 pm
No, I didn't get copies of the papers, they said I wouldn't, it was just for their personal records. But everything seems to be hand written, and most of those hand written notes are included in the discovery, EXCEPT the interview with me, and the interview with my daughter. Then, it's just typed up. And they do not mention the conversation I had with him on the phone, which I don't get, because aparently, that's the reason they took his kids. He didn't say anything new either, and this was before he knew I even went to CPS. He just said that he didn't understand why I didn't talk to him first, that I just left without notice, and that if my parents felt better getting the police involved than that was fine, because he would never hurt a child, especially my child, etc. And that he didn't realize that her seeing him go to the bathroom scared her so much, and that I should have talked to him if I knew it scared her. He also said he wanted to go to counseling for the 3 of us to figure out what happened, because he wanted me and my daughter home, and that his kids needed me there too. The investigators wanted me to say, admit that you did it and then I'll come back, but not unless you admit it, but I kept motioning no, because that would be coercing him and I wasn't going to do that, I wanted the truth.
We are having a meeting with my lawyer, his lawyer, and him and I, to discuss all of this in the next few weeks. There is just so much misconduct.
Posted: Tue Dec 25, 2007 6:58 pm
CPS first told us there was no audio. Our daughter saw the recorder though. Then they said you couldn't here anything. I got a copy and what you could here backed what we had been saying. They will lie. I don't have to remind anyone here.
Two CPS workers in our case were found guilty of contempt for withholding evidence. I wish I could have been there for that
Posted: Wed Dec 26, 2007 6:27 am
for a future note remember to leave with copies, have them had you two one for them to have with signature and one for you, that way you have copies, esp. if they say they will send them to you.
they are probably audio tapes, they just dont want to produce them becuase it goes it against documentation. you are going to have to press them for it. if your worker doesnt help, you go to the supervisor, district supervisor, state office, governor, etc....all the wall up the food chain. dont let them bully you. now in some case there are retaliation, so beware of who you believe, try to do everything in writing. this way it is set in stone and you dont have anyone changing your words. for one, they should have take a written statement from you along with the oral/audio taped one. becuase no matter what is said outside, your testimony is all that matters under oath.
another thing that i found out in my state, is that the video/audio recordings are not normally admitted as evidence unless both parties agree. we agreed in ours becuase you could see the changing story, not that it really helped. nothing really helps in this type of case. everyone wants to believe the child, no one wants to believe that children make things up or protect other people, but the funny thing is if they find out they have, they will use a psychological diagnosis for it. i was watching a show the other day about eye witnesses, a forsenic psychologist was on there talking about why eye witness testimony is wrong, yet it can send a person away without physical evidence. basically in all my reading, i have come to my own conclusion, it is all falls to what kind of attorney you have and what type of attorney the prosecutor is. it is luck of the draw for anyone.