Wow, You got a lot going on. As a cop we want to get the bad guy. We also have to separate ourselves from court. The DA's office is a different animal. Cops want to keep the city safe and make the arrest. DA's are elected and they like to be re-elected. That requires convictions. Now not all DA's are like this. Some don't care about re-election and just want to punish the guilty, They are awesome, but rare.

The DA's Office handles a ton of cases. Marijuana, murder and everything in between. It's not like the Emergency Room where the worst cases go first. It's first come, first serve. So even though you feel your case is important, and it is, there may be 500 cases in front of you. I have gotten called to court for arrests I made 2 - 3 years ago. We all do. It's common practice. There are just WAAAAAAAAAY more people committing crimes than you can imagine. I myself have arrested 6 people in one shift before. That's six cases for just me in a single shift. That doesn't even count the reports I have taken that result in warrants. Multiply that by five officers per shift, three shifts per day and 365 days. That's just a small agency. The DA's Office handles cases for every agency in the county. Literally hundreds of thousands of cases. So please don't feel that they are just dragging their feet. They are just up to their eyeballs in cases.

Secondly, don't expect the same level of service from the DA's Office that you would get from a private attorney. The DA's Office gets paid whether you like them or not. There is nothing you can say or do to speed them up, but you can talk your case to the bottom of the stack. But don't fret. Like I said earlier. The DA does not like to lose and they certainly don't like having convictions overturned. Re-election depends on convictions, remember.

As far as petitioning for a retrial, this happens all the time. Funny thing about criminals, they don't like being in jail. Filing a petition for retrial does not trump a prison sentence. If that were the case, no one would ever be in jail. They would just keep filing these petitions to get out. Also, child molesters are at the very bottom of the food chain in prison. They are often kept separate from the general population for fear of death. Even the most ruthless inmates in the yard look down on sexually abusing children. So, expect him to spend his entire sentence trying to get out. Also, filing a petition for retrial does not guaranty a retrial. The evidence must be substantial enough to warrant a retrial and the court makes that decision. The court gets a ton of these petitions. You can't stop someone from filing them but the court can decide not to grant it. Which they routinely do.

The DA's office probably wanted you to come in so they could show you what he filed and what it meant. Explaining a document over the phone IS very difficult. And, they probably wanted you in their office to calm you down and explain what could happen from this point forward. They have done this before. They know people get frustrated with the system and just hang up. They already knew how you would react before they called you.

So, cut he DA's Office some slack. I was very frustrated with them too when I started out as an officer until I understood the process. The very SLOOOOOOOOOW process. And expect him to fight and maintain his innocence. His prison life depends on it. You have done everything in your power. Take comfort in that. I hope this has helped and call the DA back and meet with him. Just take a deep breath before you walk in.

Very nice answer vengeful dad!!! Thanks for being a voice here on DS... You are a true value to
This group!!!

Dear Vengeful Dad,

Thank you for shedding light upon the inherent differences that exist between law enforcement and the prosecution of criminal cases. How I wish I had this information 4 years ago! I tend to think "holistically," because I was trained to be a therapist. That's works in my field, but it doesn't "fly" in the criminal justice system.

Not only do the police and the district attorneys have different agendas, there is also a strict division between domestic violence court; criminal court and divorce court. Once my husband was formally indicted, the case naturally transitioned from domestic violence court to criminal court.

This probably sounds painfully obvious to so many. But remember, I think "holistically." Therefore, I couldn't understand why what happened in DV court, seemed to hold little interest for the prosecution! I couldn't understand why my husband's defense attorney (she doubles as his divorce lawyer), filed my husband's divorce petition before the indictment, when it seemed obvious to me, that we couldn't negotiate custodial issues, visitation rights, etc. when there was a restraining order in place. Until the investigating officer sat me down to explain that the 3 courts operate independently of one another.

This REALLY confused me, as I see everything as a progression; an unfolding of events. Disclosure. Safe House interviews. Investigation. Indictment. Arrest. Arraignment. Posting of bond. Pre-trial release. A million Motion Hearings. Trials scheduled and continued. ~ and finally, after 4 years, pre-trial interviews, the trial and conviction. Yes. This is the "Reader's Digest" version, but you get the idea.

I HAD no idea of the differing roles that the investigating officer and our lead prosecutor have! The officer was "fired up." He was full of passion and determination. He wanted my husband to be behind bars and for the proverbial key to be thrown away. He recommended that my husband be sentenced to NO LESS than 35 years in prison. After videotaping my daughters Safe House interviews, the first words out of his mouth (to me) was, "We got "em!" Meaning, my husband. Even though this detective had been working solely on crimes against children for 25 years, he seemed more passionate and idealistic than the 3 prosecutors we went through!

Post indictment. The first DA was intent on diving right into the plea bargaining process. She concurred with the arresting officer ~ 35 years did fit the crime ~ but "we had to be realistic." She brought it down a notch. 25 years was our final offer.

The 2nd DA asked me, "How low are you willing to go?" He meant in terms of a proposed length of incarceration. He suggested that we ask for 11 years; just long enough for the girls to reach their 18th birthday. The premise was that they'd be "adults" and able to "protect" themselves, upon their father's release. The girls were 7 then.

The 3rd (and final) DA handed me his proposed plea agreement. The State was willing to offer my husband a "cap of no more than 6 years in prison," which meant he'd be out in 3 for "good time."

Also. The DA was willing to THROW AWAY my husband's 5 FIRST DEGREE FELONIES! If my husband agreed to plead guilty to the "lessor charges!"

I was FURIOUS. I reminded the DA, that those "so called lessor charges" didn't land my daughter in the hospital. (she became suicidal at 7).

Point taken. It shut him up for a few minutes.

And then, he asked me. "Wouldn't you rather see your husband do "some" time, than not at all?"

Of course. Nevertheless, I refused the plea. I told him I wanted the indictment to stand: that some things are simply non-negotiable.

The DA was pissed. Yes, he was swamped with hundreds of cases. Yes, he wanted our case to go away. He kept telling me right up until the trial, "Yours is the case that no one wants." When I asked him, " why is that," he never gave me a satisfactory answer.

I remember asking him, "How many charges does a sex offender have to "rack" up in New Mexico, before the sentence fits the crimes?" My husband was indicted on 16 charges; to include 5 counts of CSP. AND IRONICALLY, when my husband was convicted, it was on 4 of those 5 first degree felonies. The ones the DA had wanted to toss out. Can you imagine if I had signed off on that plea agreement!

Here's another ? that you may be able to answer for me. How did our case go from point A to point B in 4 years? In other words, from a recommended sentence of 35 years, downgraded to 6! WTF? Excuse my language, but this blew me out of the water.

I rejected that last plea for obvious reasons. Of course I wanted to spare my daughters from having to take the stand. However, I COULD NOT PRETEND that the most heinous aspects of the abuse didn't happen. For me, the plea "negated" my daughters full experience. My husband didn't simply touch them inappropriately. OMG. I wanted my husband tried on all 16 counts.

The DA and I had a knock down, drag out fight. It got heated and it was ugly.

In the end I called my husband's bluff. Given his arrogance, I knew he'd accept no plea. And we later learned this to be true. So in the end, I'm glad that I stuck to my principals.

Trust me. I realize how fortunate we are. My husband is facing a mandatory sentence of 72 years. He must serve 85% of this before he is eligible for parole. We are both 50 years old, soooooo. You do the math.

Anyway, I took your advice in terms of scheduling an appt. with the DA. I swallowed my pride, humbled myself and even apologized for being rude and mean spirited.

In return, the DA sent me the most compassionate, heart-felt email ever. He told me that he had agonized for over a week, as to how to break the news of my husband's Motion for a "New Trial," and a "Pre-sentence release." He knows how emotional I can get ~ ya think? ~ and wanted to "protect me." It was the kindest thing he had ever spoken to me.

And his reasons for meeting were just as you predicted. It would have been hard for me to follow along over the phone.

Thank you so much for your advice. I am indebted to you, because my apology salvaged an otherwise strained relationship.

As for the "New Evidence," it wasn't what I had imagined. My husband is claiming "Juror Bias," as the basis for his petition for a "New Trial." He doesn't believe he received a fair and just trial of his peers.

I won't pretend that I'm not scared; but my fear isn't nearly as bad as it was initially. When I first got the news. These days I'm seeing his appeal in light of the bigger picture.

I am asking everyone to pray that the Judge will not grant my husband a new trial and a pre-sentence release. My daughters and I have simply been through too much as it is. I prefer prayer over investing too much negative energy into what may not happen. Prayer is what got my daughters and I thru the trial. And I sincerely believe, it was Divine Intervention that led to such a successful conviction.

I will write up a new post to give everyone an update as to my husband's Motion. And to explain both sides of the argument. And, I'm sure, I'll throw a few more ?'s your way, Vengeful Dad! I am so glad we've a cop within our community ~ although I'm saddened as to why you're here. Why we're all here. Thank you for "getting us." Because you've dealt with and arrested offenders that are just like our chiildrens'. As dangerous and stressful as your job is, it must be gratifying to make those arrests involving the worst of the worst!

Kim.












I REFUSED this plea! I told the DA

Kim, I think that, in this case, "holistically" means "commonsense." As in, this system SHOULD work holistically...but it sounds as if the courts make it virtually impossible for them to function in any sensible way. What fortitude it has taken for you to keep returning, over and over, to make the same points to so many people.