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I'm terrified: my husband is seeking a "

3bravewarriors
3bravewarriors
As many of you know, my (ex) husband was convicted on 4 counts of CSP 3 weeks ago tomorrow. On August 29th, his attorney filed a motion for a "new trial" with a special setting. There is also a notation about the receipt of an exhibit. I AM TERRIFIED.

I was afraid that the conviction was too good to be true. Does anyone know the criteria for being granted a "new trial?" Should I be afraid?

What happens in a "new trial?"

Is my husband likely to get it with 4 convictions ~ all first degree felonies?

I am also afraid for my safety. My husband's family has been posting hateful mail all over social media.

I want to grab my girls and leave the State.

Can someone in law enforcement answer these questions?

KG
Naive1
Naive1
I have no legal expertise to offer, only support. Everyone gets a chance at appeal, but I haven't heard of a "new trial" at the same level. Breathe. Call your DA in the morning and ask for procedural specifics, especially with regard to your security during trial. Will your ex remain a "guest of the state" during the trial? I don't think jails release convicts who say they want a do-over. Look at all those people who have had to remain in prison while proving they were wrongly accused -- even new evidence is not enough to win their release; they have to wait it out until they are exonerated. Which is NOT what's going to happen with your husband. What "exhibit" could possibly outweigh the testimony of his children?
3bravewarriors
3bravewarriors
I can't breathe. Last night, I sent an email off to the DA. and left the 2nd prosecutor a voice mail. Then I get this email from the DA first thing this morning. He confirms that, "yes" Joe is insisting upon a re-trial. But rather than tell me straight up as to what's going on ~ the DA writes that he thinks it would be "better" if I meet him at his office today or Monday. He says that it would be difficult to explain over the phone.

I replied with the following. That I will not meet with him today or Monday. And that whatever it is he needs to tell me he CAN do so over the phone! This is the one DA that I don't get along with. After 5 years, I am sick of being at their "beck and call," Naive. Do you know there was a 9 month period in which there was NO movement on my husband's case? Not a single motion filed; not a single hearing.

Then a month ago, I get a call out of the blue telling me that the trial is starting the very next day! No warning. No time to adequately prepare. The twins didn't even have the opportunity to meet with their therapist prior to testifying. It's amazing the twins and I did as well as we did because we were flying by the seat of our pants.

I learned that my husband's attorney filed this motion for a new trial on August 29th. This was TWO weeks ago and the DA's office didn't bother to notify me. Do you know how I found out? I had to go online and check the status of my husband's case. I was merely confirming the date of his sentencing hearing and THERE it was!

So I'm back to not trusting the one DA. When was he going to tell me?

Then he has the nerve to summon me downtown. I'm sorry. He can pick up the damn phone.

As for my husband's bid for a pre-sentence release, I think he'll get it. After the verdict came down his attorney asked the judge that Joe be released back into the custody of his family. She argued that he fully complied with the conditions of his pre-trial release, therefore she didn't think he is a flight risk now.

The DA asked the judge that Joe be remanded into custody because he views him as a flight risk. The DA won and Joe was arrested immediately.

But now that my husband is filing for a new trial citing new evidence, they WILL LET HIM OUT. You'll see. Because it's not about my safety or the girls' ~ its about my husband's F---ing constitutional rights.

As for evidence, I've no idea what Joe has. He lied many times on the stand. My favorite one being that I watched ~ and enjoyed ~ Joe's sado-masochistic pornography with him! YEAH RIGHT. I vomitted when I discovered it.

I'm sorry Naive: I just need to vent. I thought that justice had been won for my daughters and now this. I'd be crying right now if I wasn't so pissed off.

I wish I could be calm right now. But the reality is, I had to be calm and collected for 2 solid weeks during the trial. I was exhausted afterwards. My daughters and I are still recovering from the trauma of the trial.

I did include one more thing in my email to the DA. I told him that I WILL NOT subject my daughters to testifying a 2nd time. Its not happening. So the prosecution better figure this one out.

PS. Can Vengeful Dad weigh in on this? I'd like to pick his brain as he's in law enforcement.
Naive1
Naive1
Wow! Why go the Afghanistan? The Taliban are right here -- justice by men, for men, and no concern for women or children. This is so distressing -- I completely understand your anger. It just sounds un-American -- i.e., not the way we are SUPPOSED to do justice. I will look forward to seeing Vengefuldad's remarks.