The Criminal Case Verdict is IN!!!!

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beatendownmom
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Joined: Thu Jan 15, 2009 7:46 pm
Location: Casper, Wy/Jacksonville, Fl
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The Criminal Case Verdict is IN!!!!

Postby beatendownmom » Mon Mar 23, 2009 6:27 pm

I am baaaack J

Just kidding. Sorry I haven’t been around for a while but the criminal trial against my fiance’ was last week (started on my birthday L) but I now have some news.
As I mentioned, the criminal trial against my fiancé began last Monday the 16th. So in preparation naturally we have been running around like crazy people meeting with the public defender and such.
The Prosecution went first of course, my youngest daughter (now 17 ½) was first to testify. Since they sequestered the witnesses, I was not able to be in the courtroom either (the prosecution made sure they subpoenaed me to make sure) anyway, during my daughters roughly almost 4 hours of testifying, she never once could look at my fiancé in the eye (much less in his direction), she was not able to keep her story straight between what she said to the prosecution, what she said in her videotaped statement and what she said under cross to the defense. (Just to recap quickly, she accused my fiancé of sucking her breast and fingering her and giving her a “massage”). Well the massage was never mentioned in her videotaped statement, she never mentioned it to the “family she told” that started this whole mess, the “massage” just appeared in the sheriff’s investigative report.
It came out in court that this same investigator, secretly audiotaped my fiancé, in our home at the time, without my fiance’s permission, without being arrested or charged (at that moment). In addition, since my daughter was in a sense claiming sexual assault, no DNA tests were ever run or attempted to be run. The Sheriff’s investigator and the DFS investigator were seen 2 days in a row talking outside of the courtroom and overheard discussing the case and their testimony (again witnesses were supposed to be sequestered and not discussing the case). The Sheriff’s investigator claimed that even though he was recording he still took “meticulous” notes. And yet he claims the reason that no DNA was ever tested was because my daughter claims to have taken a shower earlier in the day (which was already proven she hadn’t, she had on the same clothes when the investigators showed up as when the supposed “incident” occurred 12 hours earlier). But again, no mention anywhere of her having made the claim of taking a shower, not in his report, not in her videotaped statement, no where, just all of a sudden on the stand during the trial.
It also came out during the trial that the family my daughter told this story to that started this whole thing, the mother, she flat out said that she was pissed that because when she told me the story that I seemed unfazed and was furious that I did not call my daughter in front of her so she could “hear” how the situation was handled. She also said in court that she had no reason to jump to the conclusion that she did, as she did not know me or my fiancé “personally”. Backing up a moment, it came out in court that my daughter did not even give details to these people (the family), all she told them (supposedly) was that my fiance’ “messed” with her. WHAT THE HELL???!!!?!?!?!
I won’t get sidetracked, the list of people the prosecution called were, my youngest daughter (of course), her male friend that she told, his mother, the sheriff’s investigator and the dfs investigator, 5 people (if I have remembered everyone). The defense…..2 people. Me and my oldest daughter (she is 19 ½).
When I was questioned by the prosecution, let’s see, I was called a monster, that I “dumped my daughter off” here in Wyoming with my fiance’, accused of lieing to the investigator, accused of covering our tracks. I spent roughly 1-1 ½ hours on the stand. My oldest daughter, wasn’t even on the stand 30 minutes. She pointblank told the court that she thinks of my fiancé (and introduces him) as her father. She actually did much better than I did on the stand. She held her attitude and temper (I was getting to the point where I was right on the verge…lol…I did correct the prosector a couple of times….lol) anyway.
The trial began Monday, closing arguments were Wednesday, it went to the jury at 4pm and at 5:30, they came back with a verdict. There were 3 counts and my fiancé was facing 45 years total. The verdict…….NOT GUILTY ALL 3 COUNTS!!!!!!!!!!!!
Now while this is awesome news (specially since 12 people see it the way we do, it means we aren’t crazy afterall…lol) the ridiculous part is that, I don’t get my daughter back. Because the charges were “substantiated” in the civil/juvenile case, I don’t get my daughter back. I also don’t get an “oops, our bad”. I get nothing (you know what I mean).
I am still supposed to go for a psych eval, go to parenting classes, anger management classes, etc and yet I WAS NEVER CHARGED OR INVESTIGATED!!!!! Whatever, while the war may not be over, we have definitely won a HUGE battle within it.
I have not seen/spoken to my youngest daughter since November (5 months) and I seem to be the only one who has a problem with this. The only thing that has kept me from going completely insane is the therapist I have been seeing. Now granted, she was brought to my by the “machine”, however through here actions (not just her words) she has proven to be a big help and has distinguished herself apart from them. She was formerly a CPS caseworker (she is a LCSW not a psychiatrist) and has ADMITTED to seeing some false accusation cases. I am still a little guarded with her as we have only seen each other about 8 or 10 times, but so far, I can not complain about her.
As for the public defender that handled my fiance’s case here in Casper, Wy, I never thought I would say this about a government employee but HE DID AN AMAZING JOB!!!! We disagreed on the approach (he wanted to be more laid back and not do a battle of the experts kindof thing and name call and all that and we wanted a more attack stance with showing how DFS does this for the money and ripping families apart and all, that the foster parents were tampering with the witness by buying her a car, etc). I am so glad he went the route that he did. I was very nervous at first because there were people on the jury that new my daughter’s foster parents (oh yeah, one of which is a sheriff in this county), one went to school with the sheriffs investigator, that kind of stuff. But I can’t believe it only took them an hour and a half to see that this whole thing was a crock!!!!!
I cannot thank all of you enough for your information, your words of wisdom, your strength and for you just plain being here. I think you are invaluable to the communities of every state. I hope you continue your wonderful work. I truly hope that through you, change and reform of this runaway, slanderous, kidnapping, child collecting, federal money making machine can come. God Bless you all!!! For those still in this fight, my prayers are with you each and every day!!!!

http://parentalinjustice.blogspot.com/
Lydia H aka beatendownmom :(
http://parentalinjustice.blogspot.com

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LindaJM
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Joined: Mon Aug 02, 2004 7:16 pm
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Postby LindaJM » Wed Mar 25, 2009 12:00 am

Congratulations on the win in criminal court!

My only question is... since your daughter is already 17+1/2 -- why are you bothering with the CPS service plan? If it were my child and she had testified against my fiancé in that way, I'd probably decide to skip the service plan. She'll age out of the system in six months anyhow. Do you really want her back in your household right away?

You may think I'm callus but I just finished raising my two youngest children - ages 18 and 19 now. The daughter was very difficult to raise and continues to be problematic. I let her move out just before her seventeenth birthday, and never regretted it.

I'm just wondering how it would work for you and your fiancé if the court did decide to let your child move back in with you. I honestly don't think they will.. but you never know.

Well, again, I'm very happy to hear the criminal court case was successful and that your fiance's court appointed attorney worked out well for him. I think they usually do a lot better for criminal cases than they do for CPS cases.
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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 ...

beatendownmom
Posts: 8
Joined: Thu Jan 15, 2009 7:46 pm
Location: Casper, Wy/Jacksonville, Fl
Contact:

Postby beatendownmom » Wed Mar 25, 2009 8:20 am

Actually you have raised all of the questions I have already thought of.
As for the caseplan, I have simply been playing along until the criminal was over.
We are supposed to have an MDT in 2 weeks and lets just say I won't be in area then.
I blew off the psych eval cuz it was this past monday.
There is no way she can come back into the house because my fiance wants nothing to do with her and her sister wants to kill her...lol.
My fiance is worried about them trying to hold me in contempt if I leave.
Lydia H aka beatendownmom :(

http://parentalinjustice.blogspot.com


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