Wrongful conviction - what can I do?

[Devastated16]

MY first time posting but I have read many posts previously. My partner has been sentenced to 11 years - cannot believe that our Justice system has allowed a conviction where no evidence was supplied by the prosecution, there were inconsistencies in the accusers statement - plus the fact he was falsely accused by someone with a grudge against his family. To say I am devastated is an understatement.

Where can I turn to for help & advice:
1. For me & my child - we now have no income as my partner was the wage earner and presumably a legal aid bill. I also don't know what to say to my child as to why Daddy won't be coming home. He has been taken to a prison 350 miles away.

2. To consider an Appeal

I am praying that there is no media coverage as he has not been tried locally so I can at least manage who knows about his conviction, leaving us with some privacy.

Thank you - we genuinely never believed that this would be the outcome.

[Lilyput]

I am so so sorry. Praying for no media for you too. Contact gingerbread in regards to finances as they help single parents family.

Have no experience with appeals but try and get some support for yourself and power possibly some counselling. Big big hugs I can't even imagine what your going through!

[Franticwithworry]

I'm so sorry to hear this. The CAB may also be able to give you advice on where to go for financial help too.

As for an appeal, I hope Rightsfighter or Casehardened come in on this for you, but I think, from what I've read on hear before, that you need a 'Grounds for Appeal' letter from your partners solicitor as a first step, and quickly because there is a short time period in which to apply, if there are grounds. I think some solicitors issue them as a matter of course and some don't, so it seems a bit pot luck if you have to know to ask.

Were you and your partner happy with the representation you got? What did they say about the verdict?

Again, only from what I've seen on here, but press coverage seems to be a bit patchy too. It depends how big a news day it is I suppose, so I have my fingers crossed that your partner avoided that.

Big hugs to you and your little one.

[Casehardened]

To echo what Franticwithworry said, his defence barrister should have given him an 'advice on appeal' letter, (even if this states that there are no grounds for appeal) and this will be a starting point.

Appeals normally have to be lodged within 28 days unless there are good reasons for appealing out of time.

[Devastated16]

reply

Thanks for the comments.

I have only been able to speak with him in a 2 minute phone call since he has been convicted so don't know yet if his solicitor is providing him with an Appeal letter. Presuming he will get one, what do we then do? Am presuming neither his original solicitor nor barrister would be involved as the Appeal is kind of saying they didn't do their job IYSWIM? Their advice before & during the trial was that he had a very good case - police were proven to be fabricating evidence, accusers story was inconsistent (oh and the fact it was an FA). However the accuser was deemed a vulnerable adult, did not appear in person.

I have tried to arrange my first visit to him for early next week (its a 10 hour round trip & need to organise childcare as I don't want to take my 8 year old on the first visit) but the prison advise he has to request & organise it. Can't even get his prison number as they won't disclose to me - that has to come from him too.

So far this year, I've lost my job of 25 years to redundancy, his mother & my 2nd cousin both passed away and now this. I feel I'm in the worst nightmare ever - I've lost my best friend and feel powerless to help - and am trying so hard to hold it together. My family are at the other end of the country so am completely on my own. I also worry as to how he is coping right now.

Thank you again for your support - it means a lot.

[Casehardened]

I do take your point regarding the trial solicitor and barrister wanting to emphasize that they did their very best for your partner and and Rights Fighter may well confirm that sometimes it is better for a different firm to take an appeal forward, a different set of eyes and so on.

Notwithstanding this, there have to be grounds for an appeal, especially if it is to be under the legal aid regime, and unfortunately a 'perverse' verdict by the jury doesn't count as a ground this unless this due to a biased summing up by the judge, the justice system takes the view that the jury members have carefully considered all the available evidence and after due deliberation have come to a verdict (and many members know that in practice this is not so )

You are in a distressing situation and I think that you are trying to do too much at once, cue for the proverbs about only worrying about the things you can change and the longest journeys start with a single step, however you have made a good start by posting up, a trouble shared etc.

There are some very kind and helpful members here, though not many log on daily, so in due course you will get a great deal of support to help you through this ordeal.

[wakingnightmare]

Hello

I'm so sorry you've found yourself here and that you and your family are going through this.

I'm afraid I don't know anything about appeals other than what I've read on here so I can't help with that.

I echo what Casehardened says about one step at a time as right now you're being overwhelmed by lots of different but interrelated worries. As an outsider looking in you've

1. The appeal letter - not much you can do right now

2. A visit - you need your other half to arrange. You can though sound out friends for childcare I realise it's summer holidays so that makes it harder. Could you offer to swap children with a friend. Could the 8 year old go to stay with relatives for a few days?

3. Finances - contact Tax Credits immediately and update change in circumstances. If you found other work after redundancy you will get substantially more as a lone working parent. There is also help with childcare. A phone call today will tick one item off your list. You can organise an appointment with CAB or similar charity when the dust settles.

4. Support for you and your child- do you have this close by? Is there anyone in real life you've told. You mention your family are far away, would moving closer to them be better long term? Perhaps a chat with your GP could be useful. Don't loose track of yourself, you are understandably very concerned about your OH and what he's going through but remember to care for yourself to.

There is no need to answer any of my questions on here, they're more to help you order your thoughts as I'm sure your head is spinning so much right now you are dizzy.

Hopefully someone with legal knowledge/appeal experience will be along to offer guidance as I'm sure that is your number one priority.

Forum is going through phase where people are reading but not posting. I find people all step up when they're needed though

[Devastated16]

Update

Thanks for the messages.

Not much further forward in that I have still had no contact from him but I did ask the Chaplain to go & see him to make sure he was ok. His PIN number is being sorted so hopefully he will ring once done.

We did not receive benefits previously due to his income level so this is a new world for me to explore. It is clear that I will need to go back to work (I had become a SAHM) - without wanting to brag, he had a very good salary (though with some big financial commitments) which of course will just stop.

Anyone willing to share what they told their children? I have read lots of guidance about 'age appropriate' but not sure what that really means in terms of what to say (8 years old) . Assuming (praying) we get no media coverage so this will be kept private. My child has had a very difficult life so far due to a life threatening illness so already is 'different' to peers. And what do you tell friends/ neighbours?? At the moment. I'm just saying he is away.

So much going round my head right now - still another day done

[Rights Fighter]

"Appeal Letter" - do you mean a written "Advice on Appeal?" I think maybe you do.

Before he was convicted, did he prepare and take what we call the "nasty bag?" This is a bag he fills with clothes (not black and white); underwear, flip flops to wear in showers and communal places; trainers; postage stamps; stationery; money; address book (with no metal hinges or corners); prescription list; toiletries

etc etc

Many people don't prepare for a guilty verdict so end up going to prison with nothing at all. They then often remain incommunicado for sometimes a couple of weeks.

I have often been seriously criticised for advising a defendant to take this bag in with them as I am accused of being pessimistic and making him feel stressed out. Believe me, there is a lot more stress if a wrongly convicted guy does not prepare himself for the worst.

[wakingnightmare]

I had to start claiming benefits many years ago when my ex husband left without warning, it was a relatively straight forward process.

A quick visit to the job centre would also be useful as they were able to provide me with relevant advice. I appreciate circumstances very different for you.

You need to look at what financial commitments your OH had and find out if you're liable. Talk to the creditors and arrangement payment plans, this is where the CAB are invaluable. It sounds like you were totally unprepared for a guilty verdict and I really feel for you having to deal with all this alone.

Are there people you would trust with the truth, you sound terribly isolated which isn't good for any of you.

You've survived another day so be proud of that and you will get through this. People adjust and adapt to all kinds of situations they never imagined being in. Slowly the mist clears and you find your way back to the path albeit to a different destination x

[Devastated16]

Rights Fighter - yes I do mean "Advice on Appeal" letter. maybe a silly question but will it be sent to him in HMP or to our home address? No he didn't take a nasty bag - so convinced were us/ his defence team that justice would prevail and the only verdict could be NG. To rub salt into the wounds, his victim fine letter from the court came through the letterbox this morning so £120 to be paid. Ironic really as they know he is no longer at home .....

WakingNightmare - thank you for your comments. I have told my parents and they are coming up to stay with me on Monday. Its a shock to them too as we had kept everything to ourselves so they were unaware of the case. I also confided in one friend yesterday (who happens to be in the force) as I couldn't hold it in. As you say, another day done & now on Day 3 .

Trying to keep smiling & some normality for my child although it saddens me to say I lost it with her this morning and really shouted - so not like me :-(

Just hope that I get a call some time over the weekend or a reply to the 1st email I have sent though I know not to pin my hopes on it.

[Rights Fighter]

Re Advice on Appeal - it really depends on who asked for it. Usually it gets sent into prison unless it is requested this doesn't happen. Depend on the prison - if the wings are mixed mainstream with VPS (vulnerable prisoners) - sometimes better to not send anything in that relates to the actual convictions.

Which prison is he in?

[Devastated16]

HMP Altcourse - believe this is the holding prison as closest to Court & that he will be transferred closer to home though I may need to get medical letters concerning my child's diagnosis & ability to travel to support this.

[Rights Fighter]

The sooner the better. Hopefully they will move him closer to home. Unfortunately sometimes they don't though. Sort out the medical stuff asap to help the application if they decide to move him elsewhere. Has he been given permission for the child to visit?

[Franticwithworry]

I'm glad you've told your parents, and even more glad that they are coming to stay with you. I hope that they able to give you lots of support.

Please be gentle with yourself when it comes to your little one. You are under incredible strain and it's understandable that you should snap at some point. My children are grown now, but things were difficult for us when they were younger. They have said as adults that it was a good lesson to learn that I was not cool, calm and collected all the time, and also, if I made a mistake, like shouting unnecessarily, I apologised. You are both in impossible circumstances and under unbelievable strain.

As for what to tell her, you know your child and how much she will be able to cope with, but I've always thought that children should have as much of the truth as they can cope with. How along something along these lines -

Somebody accused Daddy of something he didn't do, and at the moment, the people who decide what happens to people who have done wrong things don't believe him, so he's been sent away for a while. Mummy and Daddy are doing everything they can to put things right and make sure that Daddy can come home, but for now, it's just you and Mummy. Daddy didn't do anything wrong, and he's still your Daddy and we both still love you, but I can't tell you when he's coming home yet, or when I can take you to see him because I don't know.

The questions she asks will tell you how much she understands and guide you in what more to tell her. You know her best.

Another thing that I've gleaned from reading this forum - when you get to talk to your husband tell him not to admit guilt for ANY reason, whatever promises he is made. It can come back to bite him later.

You must be in a state of shock at the moment, but you will be able to be in contact with your husband before too long. One day at a time at the moment, as you say, and I'm sending you more hugs.