Wrongly convicted - help please

[Sammi]

Hi everyone - I have stumbled across this site today and reading through various posts it seems incredible that I'm not on my own - it would seem so many people are accused wrongly.

Brief overview of circumstances is that my daughter aged 14 had a friend (that came from a very unhappy abusive family) she had regulary stayed at our house over a 4/5 year period. In Dec 2008 the following happened:

She accused my husband of coming back downstairs after he went to bed and touching her - she was actually asleep on a blow up airbed with an attached sleeping bag with my daughter next to her!!

The following afternoon after I woke them up, she told my daughter he did this - (despite being fast asleep when I got up at 6.30 - I woke the pair of them up at 1.00pm - )
She told her she didnt want her to say anything and just forget it - my daughter did come and tell me and I immediately went to speak to her and she told me he had done this and she just wanted to forget it!!
I offered to take her home and speak to her mum which she said no to, I then offered to call the police which she also said no to - she kept saying she just wanted to forget it

I went to tell my husband what she had said and he was horrified

By the time I went back upstairs to see what was going on they were both on phones and msn laughing and joking and arranging another night out at an under 18's club and arranging to stay at different friends houses.
They then told me they were hungry and asked me to order them a pizza -
As you can understand I was completely fazed as none of these actions represented a girl that had been through what she had alleged earlier.

This girl spent all day in my house and then said she couldnt get a lift to the other friends house and would I mind dropping her off when i dropped my daughter at the other friends!!

I did this, tried to talk to her again and she still said she just wanted to forget it!

2 days later she sent my daughter a text saying she had told her mum - I made my husband phone the police as I could see everything getting out of hand.

Statements were taken from the 3 of us and the CPS took 11 months to decide to charge him -

They sent the bed and all her clothing away for DNA - guess what none was found and she was not medically examined either!

My daughter and I were called as prosecution witnesses, my original statement had been changed in the typing up and then the prosecutor turned on us in her summing up and said we were hostile witnesses that had made a story up to cover for my husband - which is totally untrue

Case finished at Crown Court 3 weeks ago and he was unbelievably found guilty of sexual activity with a child aged 14 by penetration. The judge has given him 6 weeks bail before sentencing (we dont understand this as it has been said with a guilty verdict and that charge theres no way he should have been given bail) but told him he will be sentencing within the guidelines.
Solicitors and barrister working on lodging an appeal but our whole world has fallen down.

I am so scared he is going to get hurt in prison and have no idea how I am going to cope

Can anyone offer any advice on appeals and what should he take to court with him when he goes back for sentencing?
Thank you -

[LS]

Hi Sammi

Sorry you've found us, under these circumstances, but at least you're not alone.

I've been through the exact same situation as your partner, and while it isn't a nice place to be, you do come out the other side. He has a big bonus in you standing by him, when many partners head for the hills the moment an accusation of this nature arises. Support is a hugely underestimated benefit.

I have put a Sticky about what to expect in prison. It can be found here: http://www.daftmoo.org.uk/mooforum/s...e-ins-and-outs

there is also a page about the Offender Register here : http://www.daftmoo.org.uk/mooforum/s...ender-Register

What I would advise him to take with him to the sentencing hearing are as follows:

1. Underwear/T-shirts/hankies/socks. Altho prison supplies clothing, you really wouldn't want underwear others have worn so I would suggest 3 or 4 of these items.
2. Tobacco/cigarettes. If he smokes, it could be 6 days before he has access to smokes. They must be unopened. Disposable lighters are usually allowed.
3. Money. It will go into his prison account on arrival and can be used for buying toiletries, nibbles, phone credit, cigarettes.
4. Reading materiel. Boredom is a killer, so make sure he's got things to read.
5. Writing pad/envelopes/stamps/pens.
6. Photos of you. But not the kids (won't be allowed in). Also do not display them in his cell, for safety issues.
7. Comfortable pair of shoes.

He is unlikely to be hurt in prison. Most likely he'll be in with others on similar charges, so as long as he doesn't get into arguments he'll be fine.

[Rights Fighter]

What does the barrister day about an appeal? What you said about your statement changing from the original concerns me and may well help.

I review paperwork for appeals against conviction but before I advise further please see what the solicitor and barrister's intentions are.

[Sammi]

Hi Rights Fighter
The Barrister has prepared a report for appeal and the solicitors are completing the forms -
The Barrister is in disbelief that a guilty verdict was delivered and the report focusses on case law which doesnt allow prosecution to turn on thier own witness.

[Rights Fighter]

Keep coming back and if you post up for a few more days I will be able to contact you direct via PM.

[Sammi]

Pre Sentence Report

Can anyone give me some advice - my husband has his pre sentence interview next week and is really down about this whole situation - we are being told by people that really dont know much, that because he is still saying he did not do this, this shows no remorse - not sure how your supposed to show remorse for something you didn't do!!
Any advice on what a pre sentence interview is like and the best way to handle it would be greatly appreciated - thank you

[LS]

A pre-sentence report is just a report prepared by your probation officer, or one within the geographical location of the court. It is merely an interview in which the PO will try to gain your input regarding the alleged offence. All I would advise anyone is to be honest with him/her regardless.

As he is innocent, your partner can only protest his innocence. This will mean that he will not be eligible for the "third off" the prison sentence which is given to those who plead guilty, but that is unfortunately the price we pay.

As you say, it's impossible to show remorse for something which has not taken place, so it's a double-edged sword. Probation and the court can make of it what they will, but if you are innocent you will continue to maintain it whatever they give you. I won't lie to you, but it is a rockier road as an innocence-maintainer. Those who commit the crime and admit to it have a far easier ride, in my opinion, however maintaining your innocence is the one stance no one can change or destroy.

[Rights Fighter]

Even if he is tempted to "admit guilt" at this stage, in the hope of getting a third off - that will not happen. That's the max credit given if the guilty pleas has been made before the trial. As the trial has come and gone then that would be considered to be a huge waste of time and money. "Admitting guilt" at this stage is unlikely to reduce the sentence to make it worth the while.

You also need to weight up the fact that if he admits guilt now it would need a miracle for an appeal against conviction to work as the judges at CA wil not overturn a conviction unless there is a massive wave of evidence to prove that he is innocent and that the evidence is admissible before it is heard.

There are so many hurdles to get over to get to appeal, let alone get the appeal heard, once in the courtroom.

[Sammi]

Thanks for your replies - He will not change his stance as he did not do this and whatever benefit a guilty plea could have brought, he could not possibly agree with it as he is an honest man and needs to fight to somehow prove his innocence.
It's just unbelievable in light of all the information, that an allegation from a stupid girl can go this far - so much for a justice system!!!

[witsend]

Sammi. I can't advise you on legal issues but can reassure you that there is a wealth of knowledge to be had here by people a lot wiser than me. The nightmare of this situation must be awful and I truly sympathise with you. Please remember to take care of yourself, supporting somebody through this c--p is very stressful and you are overwhelmed with questions and emotions. you are in my thoughts and i truly hope this matter is resolved soon.

[LS]

Hi Sammi,
No one would remotely expect an innocent person to admit to something they haven't done, so your partner sticking to the truth is not going to be looked down on by anyone here.
I would actively encourage people to maintain their innocence and not to give in to blackmail, bribes or coercion by the system.

As others have said, it's a hard job to support someone going through this, and you yourself will need to have compassionate and understanding people around you to let you vent your frustrations and talk.

In addition to us here, make use of any friends and family you can to confide in because the feeling of helplessness can drag you down too. On top of that, your partner will no doubt have his own anxieties - not least the injustice done to him - and he won't want to be worrying about how you're coping too.
Remember, you're not alone.

[joyousguard]

Thanks for your replies - He will not change his stance as he did not do this and whatever benefit a guilty plea could have brought, he could not possibly agree with it as he is an honest man and needs to fight to somehow prove his innocence.
It's just unbelievable in light of all the information, that an allegation from a stupid girl can go this far - so much for a justice system!!!

I'm so sorry for you. I'm going through something similar. This type of injustice absolutely makes my blood boil.

[Saffron]

Hi Sammi

Sorry I am late joining this thread - been away for a couple of weeks.
My husband was advised to say that he respected the decision of the jury, but that he was maintaining his innocence. Mind you, our barrister was shockingly bad, so that could be very bad advice.

If your partner does get sent down, there are a few things you can do to make his life as comfortable as possible.

1. Most prisons are serviced by a newsagent. You can pay in advance for a paper to be delivered to him on a daily or weekly basis. Particularly useful are the sunday papers as they have telly guides/mags with them, which are used to trade.
2. Speak to your phone provider and arrange for a call transfer service to your mobile. This means that if he calls when you are out, the call will automatically be transferred to your mobile. He will still only pay the cost of the call to the landline number, and you will be billed for the cost of the transfer.
3. Send a postal order to the prison he is in and it will be paid into his account, giving him instant access to the money.
4. Some prisons will allow a "settling visit" in the first week after sentence. This allows you to take him spare clothes, sealed toiletries, a radio, etc.

I also sent my husband a load of stamps (some prisons don't allow this) and lots of photos of our home and garden, so that he could visualise it more easily.

Chin up. I know how difficult this is. We are all here to support you.

[LS]

Most prisons are serviced by a newsagent. You can pay in advance for a paper to be delivered to him on a daily or weekly basis.

Excellent advice Saffron. Sammi, just check with the prison first, as some of them (eg Albany) won't allow unsolicited newspapers or magazines in. In other words, he has to order them himself and pay through his prison account.
Just worth checking before you sign up.

[Rights Fighter]

LS some prisons will accept that somebody on the out will pay for the newspapers and mags that are sent in by a designated newsagent. It depends on the prison's own rules and procedures.