Firefighter who helped save lives needs help now!

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Apr 15, 2015 9:14 am

The latest, latest,
Re-patitioning is taking it's time. This may be a good thing. The new prosecuter seems to have put things on hold. He may be actually looking into the facts and making an informed decision. Some upcoming court cases have been postponed and CPS is somewhat quiet for now. We are hoping that this finally turns around and overly disrupted families may now be able to move on and get some sleep. Will post when complete info becomes available.
Thanks for listening.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Mon Apr 20, 2015 9:10 am

Another court proceeding Thursday. Again, a long time waiting for the prosecuter's next move. Since it has been a while for the "Re-petition" move, it may be good news. I hope they are finally seeing that they have nothing to hang their hats on. Another daughter's birthday now missed without the father being able to give his kids a big hug. I will post what the reason for this next court case is when i find out.
Thanks for listening.

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Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Thu Apr 23, 2015 3:27 pm

Thanks for keeping us updated. I hope this turns out well and that your family can be reunited soon.
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scaredparent0135
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Re: Firefighter who helped save lives needs help now!

Postby scaredparent0135 » Thu Apr 30, 2015 7:03 pm

I understand the pain first hand it's sad really, out on bail and because of my charges I have to be on house arrest. Definitely guilty until proven innocent

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Thu May 07, 2015 9:11 am

And there's more..
Not sure about the re-patition yet. There was a court case that transpired though. They let him know he missed a breath-alyser event and that added to 3 other issues - right to jail for 30 days. His lack of funds due to CPS full court press, left him with not enough money to keep his phone. The call went to that phone when he was picked out of the hat to show up. He never seen it coming. They don't even try to call another number to get a hold of you. Well, one more brick in the wall for CPS. Just because he was weakened by CPS after the original issue still doesn't make him a bad parent - or a guilty one either. They just keep delaying the trial and eventually they will get enough issues built up to try and hang you. I still believe a jury will see that the original reason for all this is no reason at all - not quilty - nevermind the fallout afterwards from the unbelievable family take down.
Sympathy to all those caught in the web.
Thanks again for listening.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed May 27, 2015 9:13 am

Continued:
Out of jail early due to good behavior (of course). Defense lawyer seems to be dropping the ball. He says it's up to the defendent to save himself (find a clinic that can diagnosis his parasomnia). Again, needle in a haystack. Trying to be lucky enough to have one on a certain night when you only have several per year - hard to do. It needs to be induced due to stress, lack of sleep, etc. We have access to a parasomnia expert in both the medical and legal sense but defendants lawyer is holding back - maybe due to cost? The expert will only talk to the lawyers due to possible bias otherwise. Our hands are tied, if this lawyer doesn't contact the expert, we don't get his help. I think some lawyers are really selfish. If he's worried about cost, what about the cost to the children and family left in the CPS dust cloud, not to mention the poor man that may go to prison for a 30 second sleep disorder episode he doesn't even remember. And, according to the expert, parasomnia's are recognized in the American Academy of Sleep Medicine - it's a real disease. We may need to change lawyers in order to get one who really cares. This is unbelievable.
Thanks for listening.

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Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Thu May 28, 2015 1:36 pm

Some other lawyer would appreciate earning the money for this case. Considering that so much is dependent on having this expert testimony, it seems negligent not to hire him.
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Jun 17, 2015 9:16 am

Continued:
Well it's official, this lawyer will not hire the parasomnia legal and medical expert. Something to do with the term "Cross Contamination". Since the "event" included a few drinks of alcohol, the lawyer believes the expert could not testify with certainty that the alcohol had little or a lot to do with the parasomnia. What? I would think that anything that would cause a parasomnia episode would prove he possibly had one. He said you can't use alcohol as an excuse for what happened. If there was no history of parasomnia's than I would agree. So does that mean anything that causes a parasomnia is non-admidable, say, sleep apnea, sleep deprevation (from work), cerebral palsy (which we now find out he had a child and has major links to sleep disorders). Are all these a crime. You can still have a few drinks before bed without going to prison, right? I spent a lot of time researching the right legal and medical expert and now the lawyer says not happening. Then what is the defense? Where is the reasonable doubt?
Need to check out other lawyers and ask the question, "Is cross contamination an issue here?" Main trials start in a little over a month from now.

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Re: Firefighter who helped save lives needs help now!

Postby family_man » Wed Jun 17, 2015 11:06 am

I would think that he wouldn't have to testify "with certainty" that alcohol had little to do with the event -- just that alcohol might not or probably didn't affect the vent. That's what reasonable doubt would be.

I agree -- it's time for a different attorney.
Disclaimer: I am not an attorney, and this is not legal advice.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Thu Jun 25, 2015 4:53 am

Bad to worse,
The prosecution did a "Motion to exclude testimony". They want to disallow any reference to a possible parasomnia "sexomnia" in this case. They say it is a ficticious event. Yes, "sexomnia" is a coined phrase by a prominent psycologist / MD. The real issue is "R.E.M. Sleep behavior disorder". I believe the prosecution wanted it to sound dirty and discusting to get the Judge to throw it out. Maybe if they would take the time and do some research, they would find the truth about the reality of parasomnia's and get off of their high pedestal.
The court system stacks everything against the weak.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Fri Jun 26, 2015 9:20 am

Looks like all or our faith is behind the current lawyer. I hope we did the right thing. He seems confident. It it too late in the game to change and, top notch lawyers are either not interested (no money in it or no national recognition) or they don't work out of their comfort zone or county. Next month will be a roller coaster. The motion to nulify testimony gets decided on Monday. Still don't have a prominent sleep doctor to testify. Current lawyer says we don't need one. Just one more testimony to possibly go wrong? We are down to history, family, friends and a few psychologists. Hope the jury can see thru the prosecuter's manipulation and find the truth.

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Jul 08, 2015 9:02 am

And it drags on -
Trial posponed for 2 more months. Two more months of family broken apart. Testimony on parasomnias will be allowed (good thing - just need expert testimony). There is a local University that is willing to do a "parasomnia montage". The neuroolgy department of a major university recognizes the fact that parasomnias are real. They believe the defendant is justified to have this done. This is a 2 day study. IT COSTS $5000 DOLLARS!. And, no promises. Well, CPS knew what they were doing when they declared him quilty before proven and had his job and health coverage taken away. He can't afford to have it done. The well is dry. Not sure what is next.

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Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Wed Jul 08, 2015 10:05 am

How long has it been now since he's seen the children? Where are they living? What are their ages? And, where is he?
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Mon Jul 13, 2015 9:09 am

It's been about 14 months since he has seen his 3 children. 2 daughters, ages 10 and 7, and a son age 5. He has missed 6 birthdays and one Christmas and is still considered not quilty until proven. His financial set back has landed him with only here and there side jobs. He still has major dept growing, a car that bearly wakes up every day and in the mean time helps his mother with bills and whatever. He lives with her now in modest accommodations. His spirit is truly broken. His family has still been connected and gives the kids presents on their special occasions. They do it from their heart, not like CPS whose worker dropped off a few measly toys last Christmas. (they went in the garbage).
Thanks for asking.

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Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Mon Jul 13, 2015 1:04 pm

Where are the children living... with relatives or in a foster home?
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Tue Jul 14, 2015 4:17 pm

Sorry Linda, missed that question.
With the grandparents. If it wasn't for them, it would have been foster care. I'm sure that was CPS's goal.

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Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Wed Jul 15, 2015 9:10 am

I'm glad to hear the children are with family members. Hopefully CPS will not be asking for a termination of parental rights while the trial is still in progress. I know he's hurt from being cut off from the children, but with family members they are at least safe from disappearing permanently into the foster-adopt system... as many children do at around 18 months after a case starts.

If he can't get a job because his reputation is ruined, he could try building up a self-employment income. If he were able to do something like that on the internet, most people he contacts would never know he had this event in his past.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Mon Aug 17, 2015 9:16 am

Prosecuter made another reduced offer - one year in prison, lifetime electronic monitoring, lifetime on the registry, no seeing kids. Why would they bring in another reduced offer one month before trial. Again, one that has no chance of seeing your kids ever again. This court system really believes a deal like that is better than having the jury weigh out the truth, of which they care nothing about. Another thing, the victim is not being represented either. She wants to be able to see her dad again. She has testified he was asleep during the event. The procecuter says she is lying. The statements from day one still hold true. If the procecuter isn't going to care about the childrens future, than maybe we should get a lawyer to represent the children during this case. They are being questioned without a lawyer present. They have the most to loose.

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Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Tue Aug 18, 2015 1:23 pm

That does not sound like a good deal at all. Lifetime electronic monitoring!? I would never agree to that.

My ex-brother-in-law, Carlos, is a child molester. We didn't know it at the time that I was still married to his brother. He molested his own two birth daughters, and nobody ever told until they were considerably older and he molested one of their friends. Then he went to prison for maybe about ten years, and was let out... and I found out recently he did it again and is back in prison again now. :roll:

I am just thinking that Carlos' repeated sexual abuse of his own daughters over the course of many years is much worse than this one isolated incident of parasomnia. What kind of sentence is he looking at if he doesn't accept this plea deal?
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Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

scaredparent0135
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Re: Firefighter who helped save lives needs help now!

Postby scaredparent0135 » Tue Aug 18, 2015 10:09 pm

Sounds like the prosecutor is out for blood

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Wed Aug 19, 2015 4:45 am

Linda,
He could get 25 years - it's a witch hunt. I think they got it out for him because he was a firefighter or maybe because he's a little less than handsome, short and stout and has a bad limp from his cerebral palsy. Even the guys at the firehouse would call him "Shrek". He's had a life of being on his own, working hard to make something of himself only to have CPS do the unthinkable.

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Re: Firefighter who helped save lives needs help now!

Postby LindaJM » Thu Aug 20, 2015 12:45 pm

Wow. There's no equal justice. Has he decided whether or not to accept the offer? That would be so limiting.
Sample Document Library

Please keep in mind that none of us are lawyers and we can't give legal advice. We are simply telling you what we would do in a similar situation. It is to your advantage to get a lawyer.

"Evil flourishes when good men do nothing." - Edmund Burke ... so try to do something to change the system ...

Firefighter
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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Fri Aug 21, 2015 9:23 am

Right now, he is going for broke - if you can't be around the children you so dearly love and miss (present offer), he would rather take the chance with a jury. Right now, CPS and the judicial system have taken him to a point of total dispair. A recent talk with another 2 lawyers yesterday gave him some hope. Their review showed that the courts and procecuters have been doing some un-ethical things. He seems to want to help but says this has spun out of control. He wishes he could have been engaged earlier. He was suggesting a fee of $30,000 but made an offer of "see what you can come up with and we can talk about it". It looks like if we had a lot of money, this thing would be over with. The have's and the have not's.

scaredparent0135
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Re: Firefighter who helped save lives needs help now!

Postby scaredparent0135 » Fri Aug 21, 2015 4:07 pm

That is the sad reality If I had a couple hundred grand in the bank none of this would've happened. You need a lot of money to fight this fight it is really ridiculous. Go for broke take it all the way in my opinion, unless they offer a deal that is just beautiful I wouldn't even consider it. They offered me three years probation on the criminal side I would have to register for 25 years, If I messed up on the probation it would be an 8 to 15 year sentence. Great deal in my opinion for a guilty person.
Keep your faith getting too far depressed just means they win, that thought is the only thing that has kept me sane I wish you the best of luck and God bless

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Re: Firefighter who helped save lives needs help now!

Postby Firefighter » Sat Sep 05, 2015 4:59 am

Thanks for all the support.
Not looking forward to the end of this month (trial). Recent help from additional lawyers not quite panning out yet. It's about money $$$. Defendant trying to cash out some retirement savings to get them on board. Also, trying to get a connection going between parasomnia professionals and the lawyers. Main lawyer, as i said before, seems to not want to try the sleep disorder defense. I think he is un-qualified or scared to. He seems to think the story at face value and sympathy from the jurors will do the trick. I think we would have been better off using our limited funds on sleep doctor's and testing and just take the court appointed attorney. We could bring him up to speed instead of trying unsuccessfully to get an expensive lawyer to understand medical disorders and present the evidence that supports the truth.


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