Legal headache -need some opinions

[thephoenix]

I'm sorry if this is slightly off topic and long , but I'd like some unbiased/anonymous thoughts on something that has been causing misery for some time.

8 years ago my mom's sister's children accused my father of "touching" them. He was thrown in jail until a bond was posted, putting our family land up as collateral. The accusations came out of nowhere, and left all of us in shock seeing as they had lived with us for years, went back to live with their mom who had recently remarried, and had come back and spent the summer with us. The newspaper printed his name and our home address specifying exactly why he had been arrested. What has confused me for so long is that no investigation seemed to take place, and for 8 years we've had no closure. There has never been a trial and no attempt has been made to publicly clear my father's name.

Since then, these girls and their mother have acted as if nothing ever happened. They drop by our home for visits and attempt to interact with our father at family functions much to all of our dismay. Our attorney advised us to take pictures of them around us; we have. The first Christmas after my dad was arrested my aunt sent a picture of her kids addressed to us ALL for a Christmas gift. The oldest girl admitted to my mother (in front of a group of witnesses) that they had lied. But when my mom brought it my aunt said she had all ready been to the District Attorney and he refused to drop the case. Both girls have said they would refuse to take the stand IF a trial ever takes place yet these charges still float around in public record for anyone to see.

We know our father did not do anything to the girls. Even if he had the inclination he never had any opportunity. At any rate, there's me, my brother, and our sister and he never mistreated us in any way. In the meantime my mother's sister is a troubled woman with a history of "crying" rape out of spite if she is angry with someone. Her daughters are no different. The oldest had to "quit" school because she was being touched by the boys in her school. One incident had he being manhandled in the girls bathroom by a group, yet the school had a camera posted in the hall with a view of the door. No one had gone in ahead of her and no one went in behind her during the time she specified.

Now, my dad is dying, and I don't want him to die without him being cleared and receiving a public apology which is my goal. My mom agrees with me, but is worried that I might stir something up since it has seemed to die down and doesn't want me talking to my dad's lawyer. Our faith in the legal system is less than stellar.

My first curiosity was why had nothing ever happened? So, I pulled the criminal file only to find it full of motions for continuances ultimately to be "retired to files." The clerk explained to me that even though he was given a trial or cleared of charges if he were to so much as ever have an unpaid parking ticket then these charges would be held over his head again. Is this really what "retired to the files" means? There is also a small index of "evidence" such transcripts of the forensic interviews, the videos themselves, the forensic psychologist's reports etc. But these are held at the sheriff's department. When I asked if these details were also a matter of public record since they were referenced in the actual record, could I see them. The clerk was dodgy and said that it was at the district attorney's discretion. Do I have a right to access this information? I'm not clear on if that was just something I was being told so as not to "waste" someone's time.


I want to know why wasn't the case dismissed? If there was enough evidence to indict and keep this in the record, why no trial? Why just let it sit?

I'm certain I can get this thrown out; just not certain how to proceed.

 

[hotatlboi]

just not certain how to proceed.

You need to consult a lawyer obviously, as a lawyer would know how to best proceed.

 

[kevin23]

What hotatlboi said. You need an attorney from your state to help. Has the District Attorney changed since this happened? Most DA's don't like to make themselves look bad by loosing cases so they bury them like you described. If the DA has changed it may be easier but you will still need an attorney to guide you.
If your dad is dying it is very unlikely that you can accomplish this while he is still alive. DA's and lawyers in general are experts at stalling....

 

[Orlandude]

I would preface my remarks by saying that I am not an attorney and not giving you legal advice. You do need to talk to a good lawyer who specializes in these kinds of things. If your current lawyer is not acting in your fathers best interest, find another one. You may be able to have those past records "expunged" or "sealed" by a judge in a court of law, no matter what the district attorney says. In extenuating circumstances, this is a possible legal manuever. Considering you fathers current state of health, it may be quite possible to petition the court for this. A good attorney can simply file a motion. Again, I do not know the law but it's worth a shot in order to save yourself a lot of wheel-spinning and frustration. Most good attorney's offer free and confidential initial consultations. I might suggest that you talk with 2 or 3 of them and see what they say. Good luck.

 

[bankside]

The best outcome would be a trial with your father found not guilty and your cousins found guilty of perjury, interfering with a police investigation, etc.

If you can't have that, I'd write a book and go on Oprah, frankly. Or at least I'd plan to if the prosecutor's office didn't resolve things otherwise.

It isn't enough for your relations to pretend it didn't happen and agree not to testify. If they lied, they need to say so publicly in the clearest possible terms.

 

[KingofFaeries]

I would follow the poster's above advice.

Was gonna add more, but as I typed it seemed like it would cause more problems than it was worth.

Good luck. I hope everything works out.

 

[spencer]

perhaps you can get law students to look at your case as a class project, pro bono. contact a dean of law or a law professor, they might find your case worth investigating.

 

[Blueboy369]

The legal system is a bitch, avoid it at all cost. Even though the charges are a dark cloud that follows your family around, it doesn't seem that anything will come of it. What matters is your dad. Have a serious conversation with your cousins. Tell them your dad is about to pass away and he deserves an apology. If they disagree you can scare the shit out of them and say that unless he gets an apology he will haunt them while they sleep. They seem dumb enough to fall for it.