Disgusted with the Adjudication Hearing...

[jackiew75]

So yesterday we had our second day of the hearing. The next one is scheduled for the end of February and then another day in March. I just cant believe how much this is being dragged out. I mean basically, we are going to court one day a month just for the adjudication hearing.

Yesterday, they allowed the detective to give telephonic testimony. It was disgusting the lies that were told of us. He even had the balls to say that I was served by a sheriffs deputy, a subpoena to go to court. How can they make a statement like that when it is simply not true? When he was asked where the papers were to confirm this, he stated he simply did not have them and that the DA in Oregon did. Make no mistake, I was not served any papers!

Then we moved on to the alleged child porn on our computer. This investigation started more than a year ago and they just found these disgusting pictures on our computer, 24 of them in allocated files. Why the heck would they sit on evidence like that and never arrest anyone? The best part is that the cd was sent to DCYF here in NH to look at with no documentation about whos computer, where, when they were looked up, etc...... Just a disk. When our attorneys requested that we get a copy of the hardrive to have an independant person look at them, the state put up a big stink and said that we should just take the detectives word for it and not bother?! WHAT!!!! This detective lied over and over and she wants to take his word for it?

Anyone familiar with allegations like this have any input?

BTW goodad.... I read that article and the attorneys have won these sorts of cases because of P2P (peer to peer) like Limewire, which we had on our computer. My suggestion to anyone here reading this is to stay away from file sharing programs!

[Frustrated]

Is your Lawyer allowed to cross examine the Detective??? Well by the looks of it, it sounds good for you. Since he admitted that there were no papers served on you. That is a Plus for you.

Is there a Search Warrant signed by the Judge to take your Computer as specified in the Warrant?

I would have your Lawyer look into this Warrant in question and whose Detective's name was on it.

Also to have your Lawyer cross examine the Workers and put them on the Stand to ask them about the CD Disks..were they tampered with? Were they containmented? Who else looked on the Disk?

That's the question and you need all the answers to point to the Evidence that you had done nothing wrong. Did the Lawyer bring up the possiblities of pop up's advertisements, and file sharing program problems???

All of us need spyware to protect our Computers but really there are no true protection of our own Computers because there are many hackers out there who are sick enough to blame other people for committing crimes like these.

[jackiew75]

The search warrant was legit. The only question we have is that on the second warrant, it stated the specific items to be taken out of the home.... As embarressing as it is, they came in for dildos, vibrators and sex toys..... In the process, the decided to remove a box of condems. I question if they had the right to take birth control since it did not fall into the sex toy catagory.

As for the cross examination, our attorneys were in the process of doing that when the day came to the end. I think I was just so disgusted at the lies that were told.

So not only did he talk about me being served by the sherriff on a day that I was not even in the state, he also said that I was vascillating between my husband doing it and not doing it, which is not true.

The detective admitted that he spoke to no other male except my husband because he did not believe anyone else was responsible for the aleged crime.

When the topic of child porn came up, it just so happened that "he" found the pictures is allocated files in our computer, not the forensic crime lab. My husbands attorney filed a motion for additional discovery regarding a copy of the hardrive. DCYF's attorney became all anxious talking about how we should just trust this detective because after all, he is a detective and swore to tell the truth.. blah blah blah. I mean, this guys history of bogus lies is evident. In the social workers notes here, the detective made a specific statement about evidence that she (sw) should be on the lookout for such as handwritten diaries of my husband, books, magazines, slides depicting child porn... When they asked him on cross examination if he had taken those items out of the home, he stated quite matter of factly.... no

The worst part, is if you saw the original ex parte petition against us, it states that I was served papers and fled, they didnt know where to find me for a year, my husband was arraigned on the charges and we were hostile and uncooperative.... Not one of these statements is true, they have no evidence to back any of it up because it simply was not true..... BUT THEY WERE ABLE TO TAKE MY CHILDREN AWAY WITH THOSE STATEMENTS!

When this is done, I am going after the bunch of them. I cannot even imagine what the heck they are thinking. All of the paper work states otherwise, that they knew where I was going, that we cooperated, that they closed this case, etc.

[Frustrated]

Just a thought:

Did your Lawyer cross examine the Detective's past cases dealing with the same Allegations of Child Porn and how many cases did he deal with DCF?

Just thought it would bring up a valuable point. It will show that he is biased and working with DCF going against many Families for Child Porn.
Like it is a Political Gain.

I know he answered NO to any proof of such Papers that you were served. So that is a PLUS good side for your Case. I would think so. And also not to mention the Disk, there is NO WAY to prove that it is geunine, anybody can containment it.
Ask How many people had handled that Disk and had seen it? Did DCF take a look at it? Was the Evidence Bag Sealed or broken? Was it tampered with?

Just valuable points of the Questions to which I think is important to get the Case Dismissed because the Disk is tampered with. They were supposed to seal the Bag and that Seal is Broken. If many people handled it, then it is tampered with. It will call the Evidence to be inadmissable. Where is the THIRD PARTY that oversees the Disk to make sure the transference off your Computer is the real Evidence? I thought there was supposed an Independent Third Party to over see their handling of the Evidence???

It is a SLOPPY POLICE WORK. SLOPPY HANDLING OF THE EVIDENCE AND ITS DISK. Your Lawyer can bring up those points...and cross examine those People. including DCF Worker. Gosh, I can't wait to see DCF worker answering that Question.

[jackiew75]

We found out during cross examination that this guy was a detective for 2 months before he got our case.

As far as the disk in concerned, the pd sent three disks, none in evidence bags, nothing. Everyone at DCYF has seen them and they even had them printed up in hopes that the judge was going to look at them that day at court. He wouldnt because as I stated before, our attorneys have file a motion for additional discovery because we want a copy of the hardrive. My fear though, is that this idiot of a detective is going to make the copy himself and mess around with stuff as he has already done. I mean think about it, they have had this computer for 13 months with these supposed pictures and they never arrested anyone for it. When the detective was asked about dates, times, folders, ISP address', he had none of that information, just that the pictures where there in some allocated files.

This whole investigation is scary because it is very apparent that this guy has it out for us. It sounds fantastic, but there is no doubt in my mind.

[Frustrated]

We found out during cross examination that this guy was a detective for 2 months before he got our case.

As far as the disk in concerned, the pd sent three disks, none in evidence bags, nothing. Everyone at DCYF has seen them and they even had them printed up in hopes that the judge was going to look at them that day at court. He wouldnt because as I stated before, our attorneys have file a motion for additional discovery because we want a copy of the hardrive. My fear though, is that this idiot of a detective is going to make the copy himself and mess around with stuff as he has already done. I mean think about it, they have had this computer for 13 months with these supposed pictures and they never arrested anyone for it. When the detective was asked about dates, times, folders, ISP address', he had none of that information, just that the pictures where there in some allocated files.

This whole investigation is scary because it is very apparent that this guy has it out for us. It sounds fantastic, but there is no doubt in my mind.

Inexperienced Detective, only 2 months!! and sloppy work, and mishandling of Evidence. I hope your Lawyer can stress the points that these disks are tampered with, and containmented.

What?! NO ISP numbers information? no clues? No dates, no info? Just pictures?!

That is NOT GOOD ENOUGH!! It makes the Case weaker...I think I have a good feeling that your Case will be dismissed due to lack of Evidence.

[jackiew75]

I can only hope you are right.

I just feel like I am living on another planet half the time. I mean for the DCYF lawyer to start squawking about how I "fled the state and absconded the children after I had been served a subpoena to show at court".... The attorney for DCYF was talking about it in court because she believes that it is true yet NOBODY has been able to "find" the paper work and they cant find it because it NEVER happened! I was not even in the state of Oregon the day they are saying I was served.

I think that the DCYF attorney is going to be in for a big surprise when she cant come up with all of this imaginary evidence the detective keeps talking about. As it stands now though, she is under the impression that everything the detective says is true.

[Frustrated]

I can only hope you are right.

I just feel like I am living on another planet half the time. I mean for the DCYF lawyer to start squawking about how I "fled the state and absconded the children after I had been served a subpoena to show at court".... The attorney for DCYF was talking about it in court because she believes that it is true yet NOBODY has been able to "find" the paper work and they cant find it because it NEVER happened! I was not even in the state of Oregon the day they are saying I was served.

I think that the DCYF attorney is going to be in for a big surprise when she cant come up with all of this imaginary evidence the detective keeps talking about. As it stands now though, she is under the impression that everything the detective says is true.

I have a Question:

Is this a Criminal Court or a Family Court where DCF Lawyer is practicing in?

DCF Workers were not supposed to tamper with the Disk IN A CRIMINAL COURT PROCEEDING. It will show that the evidence was broken and tampered with. However, the FAMILY COURT, they can allow hearsay as admissable. That is why DCF Lawyer is telling the Judge to accept Detective's words. You need to prove with prepondarnce, with Due Process that this so called event did not happen.

If this was a Criminal Court, the Judge will drop the Case and dismissed the Case because the Evidence was tampered with. I don't know about Family Courts because the Judges are friends with DCF and mostly would recommend DCF's Recommendations.

I know you feel like you are in Criminal Court, and you are right, you are in a whole another place. That's why I don't like Family Courts and I would prefer Criminal Court to have my Chances there to find me innocent and have the Case dismissed. Family Courts are like kangroo Court, and will do nothing to prove with nothing out of nothing. ya know?

What you need in a Family Court is the Right to cross examine Witnesses, including DCF Worker and you need to have her admit that she is rather "misguided" and fixated with the Detective. You need to have her admit that she is wrong and there is no proof of that. If she admitted that, then it would make the Case easier to dismiss. You need to show Bias with these twos.