With the way the system is now, they will criminalize with a guy flirting with a girl or looks at her the wrong way... If you find your answer, is love to find out too.

In my situation all the files were gone from both my attorney and the DA's office. Heck even the PO didn't have a record of me. It seems wrong that they can just get rid of all that. I guess the only thing that would survive would be any actual court records.

Maybe there is a lesson to be learned here, ask your attorney for all records and discovery. You are paying them by the hour, you should have a right to see all that stuff.

Im in agreement with INDEPENDENT.
I've said this many times here and elsewhere. PAPER cannot be changed. Get as much paperwork regarding your case as possibly allowed. Discovery is seldom shown to the defendant, by their attorney, in it's entirety.
In my son's case he was charged with electronic communication with a minor yet when they took 3 computers I found out later, that they used pictures of family children (family events etc) and called them CP just to UP the other charges and force my son to take a plea.
Im a believer of memorializing EVERYTHING. A phone call goes in one ear and out the other.

I also Don't trust lawyers. Or our judicial system for that matter,
I don't trust DOC and dont trust Parole Boards or Officers.
Sorry to say but anymore.....I dont trust cops either.
They all encompass "THE SYSTEM"

Our Judicial system is a trillion (with a *T*) dollar cottage industry IMHO.
Cops protecting cops. Lawyers protecting Lawyers. DOC's sucking families dry with unfair charges of phones, commissary's etc,

Ok My morning rant is over.

Well that's what I'm trying to do is get any information I can. The case is 9 years old now and his attorney no longer gas his file. I got the discovery papers included in the public file from clerk of courts. Will the prosecutor have more? Police dept? Can public citizens have access t viewing evidence once a case is closed? I want the witness patient's, reports by DHS and psychologists

If there were any court recordings of the hearings you can get those, they will have to be requested individually more than likely. If you have the case number that will lead you to those, the clerk of courts or the court reporter will be the ones you'll need to inquire with. Probably in writing. even after 9 years those will stll be around. They will also have lots of information in them on the other things that are out there to look for.

If you are looking for doctor's reports and things in the evidence it might not be accessible because medical stuff is privileged and there are laws prohibiting the release of those things.

If you have a case number you should be able to go to the arresting officer to find all the witness statements that were taken by them. They interviewed someone. You will probably have to contact many different offices, and do it in writing with signature receipts for any mailings. The reason you want those signature receipts is so there is no deniability that it wasn't received or it was lost.

Now if you are trying to get some things you might be denied because you need power of attorney from your man... If you think you might be requesting one of those things, you might want to send in a signed power of attorney so they can't deny you for that reason.

Thank you Wisconsin! I will try the investigator next for th witness statements and records from the subpoenas. . I would think all records from the hearings would have been in the file I got already from clerk of courts? Do I have to ask for those separately ? I asked for the file for the case number from clerk of courts...

for each court date there would need to be a different request... as they are all considered separate other than the same case they are tied to.

When you asked for the 'file' for the case number you have, they gave you the "filed complaint" which is 'the file' according to them... Heh Cause just because a complaint has been filed doesn't mean anything came of it... OH the cesspool the court system is.

Be prepared to ask for each and every stitch of paperwork you get... don't assume that they will put things together, cause the legal system doesn't work that way by rule of thumb. EVerythign is specific to date and case number.

I am not surprised that the defense attorney doesn't have anything.. and I would be surprised if the DA does too.. They have record retention policies in place which usually means if the appeals have been run out or the statute of limitations for other proceedings are passed they are allowed to discard evidence and other paperwork to make room for the new cases they are getting... During the appeals process that my hubby went through the DA tossed out evidence like the image of the accusor's computer which was useless to the prosecution but could have been useful to the defense, gone... cause they needed to make room... and even though it was in appeals and was discarded, (we tried to use this in our defense) the fact that the prosecution didn't find anything useful deemed it useless for all. Which I found to be a crock of shit but when you are dealing with people that don't understand technology and the impact it has on one's life, it is hard for them to see the gravity of the issue.

So everything is going to feel like you had to pull teeth to get it... That is going to be the norm for you as you pursue this...

So I need to request files for the case number and specify each court date? Seems so odd to me. You'd think it would all be in "the file" for said case number?! Confusing! ! For instance, what I got has papers on WHEN each count hearing was, and a couple lists of the people subpoenaed, and states that notices for subpoenas left, but nothing else past that.(results of the subpoenas, interviews,testimonies for ex..) I'm shocked to see not ONE statement from the accuser..that's one of the things I'm really interested in. Depressing to see the paper the prosecutor used about using his fleeing from the police as an admission of guilt to be used against him for the grand jury..how many 21 yr old boys run from the cops, not because they're guilty but out of fight or flight, not knowing any better that they just made their situation worse!?!?

The whole legal system is designed to be confusing and all encompassing as well, which is why there are attorney's to guide the layman through the maze of BS that the legal system likes to create.

So yes you will have to request each court date and the transcripts for those proceedings individually... It will also cost you money as they don't give away copies of that stuff for free.

You won't see the statements from the accuser as they are not a part of court documents unless they were admitted as evidence. But usually what they do is they use the person themselves to come in and testify at one or more of those hearings and so no need to have that interview by the cops admitted into evidence, although it would be part of the discovery for the case that was given to the PD way way back. The only other place that you would find the accuser's complaint would be at the cop shop where the investigation took place, in their investigative file for the case that they had.

Yeah the legal system should be more 'intuitive' but it is designed to not be, so that each and every little thing will need to be spelled out... just like your requests for information will need to be very specific, because if it is ambiguous they will either give you the bare minimum or they will deny the request altogether.

Thank you for your insight! I don't think the accuser ever had a day in court, he never made it that far before they convinced him to change his plea to guilty. It took 6 months...he attorney fought reaaaaalllllll hard......(sarcasm) There's such a gap in what I saw from hearings and paper work, it's shocking to me. I know they gave him the whole "there's no exculpatory evidence, you fled, and they're gonna put this little girl and her mom,your ex, who wants your blood, on the stand. You dint stand a chance, guilty or not. You're gonna get life, or a nice short sentence if you change your plea and "admit" guilt . .."

But how the hell does taking a shower with your CHILD(he was so flabbergasted and blighted by the accusation that, as an innocent and naive person would do, told the cops that the only conceivable incident that could have been misconstrued was when she tugged on him once in the shower and he got her out f the shower, didn't let her in the showers any more because he was concerned about what could happen) turn into 3 counts of molestation?! I read a letter the ex wrote when he got out to keep him from seeing his son, and she says in it he penetrated orally,anally, vaginally. That's not even his charges!!! Wtf!!!

The reason I'm looking into all this, is I know it's nit realistic Dr exoneration, but he just got assigned a public defender to try t get visitation with his son. I'll take any help I can get, but I dint trust any public defense farther than I can throw em...it would give me a sense of control and piece f mind to know we have everything possible available that his poor excuse for a mother of his child wouldn't try to throw at him..and I don't want to rely on a lawyer to get that information because although it could be their job to find these,things out.....we know how the justice system works and a public defender probably won't d anything outside the minimum of what's necessary and directly pertaining to family court and getting him visitations...

Sorry for all the typos there, I accidentally hit send before I was done typing on my phone...also..the mother I'm talking about here is the fatal attraction one I've mentioned before who now has a 600+ fb group devoted,to "sex offender awareness" this woman has the nerve to talk about high recidivism rates and studies of success of the registry..but openly admits her studies she refers to are 20+ yrs old!!! And NOONE questions her sources. Cos. ...ya know....obviously newer studies,would just show even higher supporting statistics.........[bangs head on wall] sorry to go on a bunny trail here...just need to vent a little.. feel like so much is beyond my control and feel merciless at the hands of the system, the public(crazy neighbors) and,this psychotic woman who has made it her LIFE mission to destroy this man..


Can't seem to get a break from anything right now..lots of things going wrong, just looking for an outlet to fill my thoughts with a positive direction that I have a little control with what's going on..