Families of SOs Community Group
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Hey all!!!
I have only posted in here a time or two. This post might be long because I am going to give some background info.
Rewind to 2013, my brothers (parents) house was raided when they were on vacation. We later found out that my brothers daughter (my niece) told one of her friends that when she was 7 (she is 18 at this time) my brother touched her when she was sleeping. Her friend goes to the cops. They raid the house, and in the process find CP on my brothers computer. UGH!! Are you kidding me! According to me neice she wanted it all dropped but of course the state wouldn't. She says that She told them that she didn't want her dad in jail.
This whole time me brother always denies doing anything to his daughter, but never references the CP what so ever. Still has not to this day. Anyway, the prosecutor and my brother attorney offer a plea and tell him they talked to the judge and asked for no more than 10 years. Judge agreed, they said. He plead guilty to 3 counts of CP and Rape of a minor under the age of 13.
Before sentencing (now it is 2014), I reached out to my niece, the first time I had talked to her in a year, and asked if she would say something during sentencing, or at least write a letter to the judge. She said she would think about it. They day came around and she showed up to the court date with her mom, step dad, and victims advocate... of course she said nothing.
My brother still claims innocence, he says nothing - no remorse (because he says how can he feel guilty/show remorse for something he didn't do). The judge told my brother he was a monster for what he did and that he ruined his daughters life, the one person he was supposed to protect. The judge gave him 9 years Rape (legally he could not give him more than 10 because of the statute at the time), 7 years for each of the 3 counts of CP and sentenced him consecutively. If you are doing the math, Yes, he got 30 years!!. If you are wondering how... the prosecutor AND my brother attorney both failed to put in writing that he would not get more than 10 years (which would mean his charges would be served concurrently).
So, he now sits in prison. We are "appealing" the sentence. Well, its sort of like an appeal. Basically, because his legal aide failed to properly educate him, we can petition the state to give him a new case. What this means is that EVERYTHING starts back at square 1. All 10 initial charges back on the table, and will need to plead again. His new attorney already talked to the new prosecutor and she offered to at least give him the plea to which he took before. And will need to get in writing 10 years.
Ok... so now you know the background. My neice and I have had very limited conversation since all this happened. Mainly because my mom hates her and wants nothing to do with her. My mom and I are close. Though, I feel that not all of this is her fault. I mean, if he was looking at CP, then he had a good chance of getting caught eventually.
Anyway, the other day she reaches out to me and asks where her dad is being held at and was wondering if he ever asked about her and if she thought she could go see him. I told her where and told her the info to be able to send him an email. I told her I was not sure if she could see him or not, because she is the victim, but either way, he would need to put her on the visition list. Which of course, he may not even want to do as he said he never wants to talk to her again.
This brings us up to today. She sent him an email. Told him that she loves him. Misses him. Thinks about him all the time and talks about him daily. Tells him he taught her so much in life and she needs him now, more than ever. Says that she wishes she could take everything back and wants life the way it was. Says that she hates herself knowing that she may never get to hug her dad again, or even talk to him ever again. Basically, poured her heart out. Said she asks for forgiveness, and to see if he can add her to the list so she can see him.
He is torn. He doesn't know what to do. Remember that his new case is still in the process of going back to court. We haven't even heard when it will begin. But my question is... and I know that's a lot of information to take in.... but my question is (and hope), is that, do you think what she is telling him can possibly help him on his new case/trial? I mean, clearly, he didn't ruin her life like the Judge said he did. Who knows, maybe its all still fabricated, and she's too afraid to recant in fear of being charged herself.
What do you think? especially those that have been in the system. Can this help him?
I have only posted in here a time or two. This post might be long because I am going to give some background info.
Rewind to 2013, my brothers (parents) house was raided when they were on vacation. We later found out that my brothers daughter (my niece) told one of her friends that when she was 7 (she is 18 at this time) my brother touched her when she was sleeping. Her friend goes to the cops. They raid the house, and in the process find CP on my brothers computer. UGH!! Are you kidding me! According to me neice she wanted it all dropped but of course the state wouldn't. She says that She told them that she didn't want her dad in jail.
This whole time me brother always denies doing anything to his daughter, but never references the CP what so ever. Still has not to this day. Anyway, the prosecutor and my brother attorney offer a plea and tell him they talked to the judge and asked for no more than 10 years. Judge agreed, they said. He plead guilty to 3 counts of CP and Rape of a minor under the age of 13.
Before sentencing (now it is 2014), I reached out to my niece, the first time I had talked to her in a year, and asked if she would say something during sentencing, or at least write a letter to the judge. She said she would think about it. They day came around and she showed up to the court date with her mom, step dad, and victims advocate... of course she said nothing.
My brother still claims innocence, he says nothing - no remorse (because he says how can he feel guilty/show remorse for something he didn't do). The judge told my brother he was a monster for what he did and that he ruined his daughters life, the one person he was supposed to protect. The judge gave him 9 years Rape (legally he could not give him more than 10 because of the statute at the time), 7 years for each of the 3 counts of CP and sentenced him consecutively. If you are doing the math, Yes, he got 30 years!!. If you are wondering how... the prosecutor AND my brother attorney both failed to put in writing that he would not get more than 10 years (which would mean his charges would be served concurrently).
So, he now sits in prison. We are "appealing" the sentence. Well, its sort of like an appeal. Basically, because his legal aide failed to properly educate him, we can petition the state to give him a new case. What this means is that EVERYTHING starts back at square 1. All 10 initial charges back on the table, and will need to plead again. His new attorney already talked to the new prosecutor and she offered to at least give him the plea to which he took before. And will need to get in writing 10 years.
Ok... so now you know the background. My neice and I have had very limited conversation since all this happened. Mainly because my mom hates her and wants nothing to do with her. My mom and I are close. Though, I feel that not all of this is her fault. I mean, if he was looking at CP, then he had a good chance of getting caught eventually.
Anyway, the other day she reaches out to me and asks where her dad is being held at and was wondering if he ever asked about her and if she thought she could go see him. I told her where and told her the info to be able to send him an email. I told her I was not sure if she could see him or not, because she is the victim, but either way, he would need to put her on the visition list. Which of course, he may not even want to do as he said he never wants to talk to her again.
This brings us up to today. She sent him an email. Told him that she loves him. Misses him. Thinks about him all the time and talks about him daily. Tells him he taught her so much in life and she needs him now, more than ever. Says that she wishes she could take everything back and wants life the way it was. Says that she hates herself knowing that she may never get to hug her dad again, or even talk to him ever again. Basically, poured her heart out. Said she asks for forgiveness, and to see if he can add her to the list so she can see him.
He is torn. He doesn't know what to do. Remember that his new case is still in the process of going back to court. We haven't even heard when it will begin. But my question is... and I know that's a lot of information to take in.... but my question is (and hope), is that, do you think what she is telling him can possibly help him on his new case/trial? I mean, clearly, he didn't ruin her life like the Judge said he did. Who knows, maybe its all still fabricated, and she's too afraid to recant in fear of being charged herself.
What do you think? especially those that have been in the system. Can this help him?
We were also told through his attorney that the prosecution said the judge commented on how he didn't have any support in the court room and she correct him by saying his whole family was there. The judge thought that I was his daughter and the people I was with (mom, dad, husband, grandma, and 2 friends of the family) were there so support his daughter and not him!! Just as assumption that caused my brother more time.
Interesting that the time period from the touching to the prosecution was 11 years and that a third party was the one who went to the police.
He also get hit terribly hard at sentencing with the 30 year sentence.
His daughter's chance of visiting him in prison is next to zero since she is also the victim.
His best bet is to somehow get all this back into court and hope for a more favorable outcome.
rewdiazepam
There has been a turn in the case in which the judge denied the motion for Post Conviction Relief. Even though the prosecutor and previous attorney sat in his chambers and explained that he said he would only give him 10 years. So now, the only option, is to file an appeal.
She has since admitted she'd lied but only to me and a few other people. And even if I were to get it in writing, or she were to prance into the DA's office, it probably wouldn't do much good. Unless maybe she went into great detail about how her aunt and uncle coerced her. But, that's a pipe dream there.