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  • Fiance convicted

    Hello all my name is Mysti. My one day to be mother in law sent me this link so I could read and post with others like us.

    My fiance, age 19 now, was found guilty May 4 2007. He was just sentenced this last Thursday, 4 years, but is serving 18 months with a 5 year suspended sentence on his release. He is in a YOI.

    This mess started back on May 16 2006 when police showed up at his house and arrested him. I was on my typical afternoon phone call with him when he told me to hold on someone was at the door, when he looked he saw it was police and said he would call me back after he found out what was going on.

    I fell asleep and never received a call back. I called and spoke to his mum who then told me something bad had happened, she didn't have much detail but would have Stephen (Her husband) call me the next day.

    I could not believe my ears when he told me what my fiance had been accused of! We had just met in January 2006, and already knew that we were meant to be with each other. I was devastated, but I knew he was innocent.

    He served 3 1/2 months in Hull and was let out on bail until his trial. We were all so confident and sure that he would go free. The girl and mother who were accusing him had nothing. No evidence at all aside from her word against his.

    My fiance's side had witnesses, video evidence of what a bad child this girl is..(her swearing and flipping her middle finger at the camera), his mum and sister took the stand for him.

    And yet they found him guilty! And on top of all that they looked down on him cause the 'supposed' incident took place when him and all the other kids were out playing. That he had taken her out to a cornfield and attempted to sexually do things to her. The judge called him immature for this! He was outside entertaining his younger brother, is that a crime? Everytime he was out there he was doing only what a big brother would do for his little brother. He is 19 now but was 17 according to the girl when it happened. The judge and jury heard this fact but still called him wrong for playing outside with other kids.

    It's all such a huge mess. I am still trying to adjust to him not being around. I myself reside in the USA as well. I just visited him in May, before his sentence date.

    The solicitors don't seem to even care! They were cold and impolite..almost as if they wanted him to get put away! They had so much stuff they could have used in the trial but wouldn't! I don't get it, when you have evidence you use it...how can it hurt a case as they said? And they are on his side. I guess that is what you get with an appointed one.

    There is a missing statement from neighbors that overheard the girls mother planning this as well! And the solicitors claim it never showed up at their office after my fiance's dad posted it. Now that it was not present at the trial, it can't be used. Unless it magically appears soon...due to it being postmarked. Cause if they appeal without it, my fiance faces more time added to his sentence and his parents would face possible purgery.

    They are going to appeal though the way the judge summed things up for the jury cause he did it wrong. So there is a bit of hope.

    I am doing all I can on my end here to get this set right. I am pretty lost still but I am learning and trying to cope. Coping is where I am having the most hard time.

    And the road that we have yet to travel when he is released is going to be hard as well. Why is the world full of such cruelty? I just want him cleared and free so we can move on with our lives.

  • #2
    Mysti

    Thank you for your email which I received this morning. I cannot take your post (above) and/or forward it to anybody. If a prisoner wishes to appeal his conviction he has to do this himself. Similarly if you or his family need further advice then you need to apply to the relevant people or groups. I have emailed you.
    Last edited by Rights Fighter; 4 July 2007, 09:23 AM.
    People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

    PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

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    • #3
      Hi Mysti

      I've been reading your previous post on this thread:

      You said:
      There is a missing statement from neighbors that overheard the girls mother planning this as well! And the solicitors claim it never showed up at their office after my fiance's dad posted it. Now that it was not present at the trial, it can't be used. Unless it magically appears soon...due to it being postmarked. Cause if they appeal without it, my fiance faces more time added to his sentence and his parents would face possible purgery.
      The statement, if relevant, can and should have been used at appeal as it was not available at trial. It is more difficult to get evidence that was available at trial but not used, admitted into evidence than it is had the evidence not been available. I realise you have now had a failed appeal although you are not clear whether this was you mean that the Single Judge refused leave to appeal or whether the matter went to the full court and was rejected.

      From what I have read on your website there seems to be a lot that should have happened at trial but did not. I seems to me that your defence team were "flagrantly negligent" and as such you should try again.

      If you've had the appeal heard by the fully court you will need to apply to the CCRC (Criminal Cases Review Commission) in Birmingham. You can do this yourselves or using a solicitor.
      People Appealing Convictions of Sexual Offences ~http://www.pacso.co.uk

      PAFAA details ~ https://pacso.co.uk/pafaa-people-aga...ions-of-abuse/

      Comment

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