Brother Falsely convicted

[JohnJameson]

My brother was convicted on 11 counts of sexual touching yesterday.

His ex step daughter accused him after he'd had an affair and left her mother for another woman. Also he was involved in a physical altercation with her mother: at this point she went to the police and made the accusations officially.

The accusations made no sense, there were various inconsistencies and she had previously told a councillor he had raped her, even though to the police she's said it was only see touching of the breasts. Her own mother contradicted some of her points, her own brother testified against her.

There was no evidence just her video interview. The jury convicted based on that.

We're in utter shock, my brother is distraught. They reckon he's gonna get between 6-8 years for this.

One problem in the trial was a school councillor basically testified that she asked leading questions. His step daughter came to her and said she didn't want to be home with my brother. The councillor stated that she asked "has he sexually abused you". Now I work in a primary school so I know you are never allowed to ask such leading questions. Surely she should have had her evidence either thrown out or at least been questioned why she would do that?

Sorry if this is all over the place just in a real sense of shock over it.

Any help much appreciated at the moment

[Franticwithworry]

I'm so sorry to hear that this has happened. It's a dreadful ordeal for you all, but here is the best place to be for help and support.

It sounds as though your brother hasn't been taken straight to jail but is awaiting sentencing. Is that correct?

This is only stuff I've gleaned from being involved in the forum but:

1) if there's time get him to give his lawyer written permission to correspond with someone else on his behalf as well once he is sentenced.

2) he or they need to make sure the lawyer provides an Advice on Appeal letter -I think that's what it's called but it's mentioned often on this forum if you look for Rightsfighter's posts - you need that even if what it says is that there are no grounds

3) he needs to take some things with him if he's got time to pack a bag. Again, look for Rightsfighter's posts as she is the expert here and has outlined it for various people. She suggests things like brand new sealed toiletries, changes of clothes that aren't black or white, stamped addressed envelopes,
flip-flops for use in the shower. I can't think of anything else right now, but it's all there in her posts. If a bag isn't possible, you can take things to him and the prison will tell you what's allowed if you call them.

4) let your brother know that it's up to him to arrange visits and he will get information on that from the prison. You can't plan to visit of your own accord.

I hope that helps for now. It's a terrible shock for him and you all, but please come back here. There's lots of support here and unfortunately you're far from the only family in this situation. That means though that you don't have to struggle alone and I'm sure others will come and make themselves known to you.

Keep reading the site too. There's lots of information here that I'm sure will help you.

[JohnJameson]

Hi thanks very much for the reply.

Yes he was taken straight to jail awaiting sentencing. Unfortunately we weren't adequately prepared, perhaps naively we assumed the way the trial had gone there's no way 12 people could say beyond doubt he'd done it. Unfortunately it now appears all you need to convict is a story and a barrister.

No one has been able to contact him yet, as you say he has to initiate contact and so far we've heard nothing. Hoping someone gets in touch with him so we can get him to put in writing that someone can deal with his affairs as you said. Will keep checking this site and other posts on here for advice. Again much appreciated!

[Rights Fighter]

If you know where he has been taken you can try writing to him and put his date of birth rather than the prison number. Send in an envelope addressed to the Governor of the prison and ask him to forward to your brother. Enclose postage stamps and a cheque.

He may not be allowed the stamps - some prisons do and some prefer saes. The cheque will take a couple of weeks to clear into his account but at least he will have some money to buy phone credit later on, and stamps/stationery.

Ring the prison and ask how they arrange reception parcels. These should include flip flops (for walking in wet communal areas such as the showers), new trainers, underwear, toiletries (he may not be allowed all of them - make sure they do not contain alcohol), cardboard address book with important names and addresses & telephone numbers (no metal corners or spine), prescription list if he needs one..... clothes that are not black and white, as outlined by the member above...

Also ask about a reception visit.

[JohnJameson]

Thank you very much for that information that's very helpful. I've just called the prison but the relevant department are on lunch. Going to call back at 13:30.

I've read some prisons only take reception parcels in person which is fine as I'm travelling there Sunday regardless so will pop it in if that's the case. Everyone's in a bit of a whirlwind right now trying to get information and work everything out.

[Rights Fighter]

You might need to ring them to tell them you will be bringing something in so don't just "pop in" without notice. Some prisons don't mind but some do.