First of all, please forgive me for the delay in adding anything to my blog. I have been very busy lately. However, I realize that some of you reading this blog may not be able to readily discover what is going on with me. Therefore, I wanted to give a brief update.
On Tuesday, December 2nd, I had to appear in court for the preliminary hearing. This is where the prosecution presents evidence to the court in order to establish if there is a case. If there is not sufficient evidence for a case, the judge will throw it out and it all ends right there. If there is enough evidence, then the case is certified by the judge and then it is presented to the Grand Jury. The Grand Jury is basically a checks-and-balances system. They look over the case and the judge's finding and then also certify the case. This is known as an indictment. Once that is done, the case is then set for trial.
In my situation, the judge certified the case and the Grand Jury indicted me. In the case of a verbal accusation of abuse (physical or sexual) all that is needed is a testimony. This was given and therefore the case now goes to trial. A "soft" date has been set for the trial, but it will most likely change. Once I have more information I will update all of you as I am able.
Please understand that I cannot speak about everything on this blog as much of it is a part of the court case. Some people, who know more about my situation, have claimed that I am not telling all of the truth here on this blog. Some of that stems from the fact that I cannot reveal all the information here in this very public place because of the actual case. For example, I cannot reveal who the accuser is. People may speculate about it, but I cannot say. Even the news, when reporting on this case, does not reveal that piece of information despite the fact that they know.
The case will go to trial. What happens to me will be determined in about a month (or more) in a case that is estimated to last about two hours (or less). Even if I am found not guilty, I will still have a legal battle with Social Services as they are independent of the court and their decision.
7 comments:
Dan,
Thanks for the update. I hope and pray that the trial goes favorably.
Hang in there,
-Dan
It's been a while since I've read something as awful as this. You might say otherwise, but I believe your wife to be a truly evil person, whether or not she sees herself in that light.
As for your church, I am left feeling confused.
On one hand, the churches where I live are (mostly) loving places where food is gathered to give to the poor, and other good things are done.
On the other hand, I have seen too many churches like the one you used to preach at. Fire and brimstone and all that. If I had a blog, yours would be the first I would link to (well, right after one or two others that I have followed for a few years).
Hello Mixed Feelings:
No, I don't believe my wife is an evil person. To better understand what I think she is going through, perhaps these two articles (on this blog) will be useful:
http://allforfreedom.blogspot.com/2008/11/cant-divorce-brainwash-kids.html
http://allforfreedom.blogspot.com/2008/11/suffer-little-children.html
I think that this was all a defensive posture on the part of my wife. I think she saw me as the "evil" that was now within her house (because of me becoming the unbeliever in the midst) and that she wanted to protect the children ("protect" = give the children a higher chance of getting saved and avoiding hell).
Do I think she did the right thing? No!!! But, from her perspective, I can sort of understand the mindset. I may be wrong, but I can only speculate. I have not been allowed, because of the protective order, to speak to my wife since September 8th.
I understand that she believes that she believes she was doing the right thing. However, this far from makes it right to ruin a person's entire life.
I'm trying very hard to not pull a Godwin here, and will simply say that many people throughout history, that today are viewed as wicked and evil people, thought they were doing the right thing. Remember, evil does not view itself as evil.
It's a good thing that "Thou shalt not bare false witness" isn't a Commandment or your wife would be in trouble.... oh wait...
Dan
A couple of years ago, during drawn-out custody proceedings between me and my ex-wife, my ex-wife falsely accused me of sexually abusing one of my children. I still remember first hearing of the allegation from my lawyer - as my access to my children was cut-off. It was one of the worst moments in my life - I felt suicidal.
(This was in Australia, so the legal system is not quite the same as in the USA.)
I was utterly devastated by the claim, after 10 years of raising 4 children together. Somehow the allegation, which was not just false, but preposterous, arose just 10 days after I was granted access rights to my children which my ex-wife was obstructing.
At first I thought my character and my standing as a father of 4 children involved in a custody battle would soon clear things up with the authorities. How wrong I was. When I sought to simply explain the circumstances to the child protection authorities and to the police I soon realized I was to be treated as a 'suspect' and my words and character therefore counted for nothing. Indeed, facing such allegations, I suddenly realized the onus was on me to prove my innocence. ie prove a negative
During the early stages of the police investigation - when I was arranging to be 'interviewed' by them, a policeman lied to me. He told me that my child had confirmed the allegation in interview. At the time I didn't know the policeman was lying - I just knew that any such confirmation was false.
I searched the internet and found out how easily such false allegations can proceed, and it was then that I realized the jeopardy I was in. My ex-police friends warned me that police don't care whether you are guilty or innocent - they just want to put up cases for prosecution. That's what they get paid for and promoted for.
I then insisted that my family law lawyer find me a good criminal barrister. I urgently consulted that criminal barrister. He advised me well - basically, to say nothing further to the police apart from declining to be 'interviewed' and to risk arrest if they really thought they had any evidence.
I have since learned that in most cases it is better to say nothing to the police. ("Don't Talk to the Police" by Professor James Duanehttp ://video.google.com/videoplay?docid=-4097602514885833865)
After several unendurable weeks of expecting to be arrested and feeling suicidal, the police announced their investigation was over due to 'lack of evidence'.
Later, in the Family court it came out that the child involved was interviewed by the police but did not confirm the allegation. It was then I realized the policeman had been lying (and I've since learned they are allowed to lie). At the time I just knew what he said didn't add up.
Fortunately I was supported by friends and family during this extremely distressing time.
Dan, I sense what you are going through. Please make sure you have support from friends who know you - apparently that won't include any of the religionists. Please make sure you have a good lawyer - one who is feared by the police and one who really cares about clearing your name.
PS. I used to work for the police, but since that time I've never trusted the police. I don't think I will ever trust them again.
regards
Greg
Dan
Just to follow up - your other comments suggest you are being very understanding towards your wife.
This is admirable but dangerous. Just because you are honest and decent, be aware that many other people are not like that.
I too expected that some sort of short-term confusion had affected my ex-wife, but for as long as she thought her tactic would work she was intransigent. Now she dismisses the false allegation as a mistake of circumstances - but that is only in retrospect, after the tactic failed.
If your adversary is as determined as mine was and is, then you are in for a tough time and you will need plenty of help.
Forget the question of evil. The question is whether she is determined to do you harm - and your account suggests she is. Act on that. Recognize your adversary and behave accordingly. Don't telegraph your punches, but make sure you have a good lawyer.
Greg
Post a Comment