Families of Prisoners Support Group
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My guy got a letter from his ex, whom is the victim in his case against him. It was typed up and there were things clearly written from her. Only she would know. It was addressed from her residence and disguised as if it were from his8 year old boy. As much as it pains me to know she wrote him, I need to know and He wants to know how he can use this, if he can use this. There is something called a chain of custody. He's not sure the best way to deliver this evidence to the court from him to them and have it count because he wants to do it right. Anyone have any insight about this? Greatly appreciated.
This does not bode well for the prosecution of this case. I hope she writes him several more letters. Tell your guy to play it cool. Allow her to keep writing and she will hang herself.
As a "victim" I am sure she has been told by the DA to play the victim card and I am just as sure that somewhere she mentioned that she feared your guy. So, she is writing the man she fears?
This is the kind of thing that jurors DO understand. Many times they do not understand the law or the law's procedures, but they do understand that it does not make sense for a victim to be writing the defendant, and doing it in an underhanded manner. I know your guy is not going to trial, but this could get him a much better plea dea.
What is even worse is the fact that she is going to the trouble to disguise that letters to ensure that your guy receives them. She must really want to talk to him in a big way to go to all that trouble.
And she does not have a problem with being deceitful and allowing his "innocent 8 year old boy" to be brought. This destroys her image of the helpless victim. If I were your guy's defense attorney I would play up the fact that she is willing to use an innocent 8 year old child to carry out her plans to circumvent the rules. So at this point, how can she be credible?
Since she is deceitful, her honesty can be impeached by your attorney. She sounds like she is conniving, which would go against her if this ever went to trial.
Your guy should do this: get a copy of this letter made. Send the original to his attorney and he can keep the copy. Your attorney DEFINITELY needs to know that she initiated contact and communications with your guy. Or he can send the letter to you and you can HAND DELIVER it to his attorney. The chain of custody is not important here since the text of the letter will speak for itself. It would be difficult to deny that she is the author of the letter.
This can do nothing but help your case. I have a feeling that she is either getting cold feet or, after thinking this over, she is starting to think that she does not hate your guy as much as she let on, or that with the passage of time, she has decided that it is not that big of a deal and she wants to put it behind her.
At any rate, this is good news. This is what stalling and continuances will do to an otherwise iron clad case by the state. I have seen this many times. Given enough time, many of these cases fall apart.
This is why continuances always help the defendant.
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A couple more continuances and she will lose complete interest in pursuing this case.
Without her testimony, the state does not have much of a case at all. And with her credibility in shambles, there may be no case.
At some point---and I don't know when--- the DA will just throw up his hands and drop the charges. He has a complaining witness that is waffling on him and I am sure he does not want to be embarrassed.
You and your guy can now most likely expect a sweetheart of a deal from the DA. He realizes that anything is better than losing the case.
I know you don't want to hear this, but frankly, I hope you have three or four more continuances and this thing is footballed about until late spring or early summer. Do you know why?
If the case lasts until then, there will be no case and your guy will walk on that particular charge.
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