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My Son's Trial that should have never happened!

Posted by on May. 6, 2013 at 2:50 PM
  • 132 Replies

 

As a parent with a son that is the whole world to you, gets accused of rape, that never happened, is the worst thing that you and your family should ever have to deal with.  I was one of those parents.  My son was a Security Officer at a hospital for 5 years, working hard to pay for his car and wanting to go to a Police Academy to further his career.  All of his dreams were dashed, when the police came in September of 2012 and asked him to come quietly with them.  I didn't find out until 5 hours later that he was actually arrested, still not knowing what he did.  That was the most agonizing time any parent could endure, especially when you know he had no tickets, doesn't drink or smoke, nor did he have any problems with the police before.  When we found out what they were accusing him of, I almost fell over.   He was accused of 1st degree rape and he bail was set for $10,000.

He is 25 years old and this was supposed of happened 3 years ago in 2009, when the girl was 14 and he was 22.  He knows exactly what would happen sleeping with an underage girl would mean, so to actually hear this, I was dumbfounded.  I knew in my heart that he didn't do this and I didn't even ask him if he did.

When I finally had a chance to see him 2 days after the arrest at the Milwaukee County Jail, it was through a computer monitor.  It broke my heart that he was wearing an orange jumpsuit and he was close to tears that he was even there under false pretents.   I was able to cry my eyes out after I left that terrible place and I didn't stop until he was out and free of these false accusations.   

Finally after 3 days in jail, my husband and I were able to see him at the bail hearing.  I didn't know what we were going to do if his bail stayed at $10,000, but a miracle happened by the way of the judge.   After the victim's DA cut my son's reputation to shreds, my son's DA praised him in regards to his job, and having no priors on his record.   My husband and I were holding our breath, waiting for the judge to decide about his bail, when he said that he has never done this and will probably never do this again, and gave my son a $10,000 signature bond.  I very quietly jumped for joy and looked up at the Lord and thanked him.  The next day, my son was in my arms and I couldn't let him go.  He told us who the victim was, and my mouth just dropped open.

The so called victim was the daughter of my daughter's fiance.  She was in love with my son at the time, and when he treated her like a niece, since he would be her step-uncle, she didn't like it one bit.  My daughter who at the time was living with us, along with her fiance, had one daughter and one son, ages 3 years ago, were 12 and 11 respectively, so she would come over and stay overnight with her so-to-be step-sister and step-brother.   When my grandchildren would stay at their father's house, which would happen every other weekend, the victim wanted to stay by us when they wouldn't there.  She tried this one time, and we said there was no way she was going to stay there without the grandchildren present.  So, that one time that she did actually stay over, she came up a story of a life time, that my son raped her that night while they were watching a movie in his room, which was in the basement of our house.

Once we got our son home from his bail hearing, he took a hot shower, changed and called his job at the hospital.  He was told that he was fired due to not calling in during the time he was in jail.  Of course, I called everyday and spoke to his supervisor from the first day he was arrested and explained what was going on, but all of that was not applicable, so his job as a Security Officer was thrown right out of the window, because of this girl's fairytale of a story. 

Our other big problem was finding an affordable lawyer to deal with this lie and we found one that never did a rape case, but he was willing to try.  I had to borrow money from everyone that I knew just to get $3,000 upfront, so the lawyer can start the case.  That was nothing compared to other lawyers that wanted $10,000 just to talk.  

We had 5 pre-trial court hearings scheduled from October to February of 2013, which were either cancelled due to the DA being sick or the judge not being able to be there.  The cost of taking off work, parking, and eating while we were waiting each time, was ridiculous.  When we finally got a trial date of March 11th, the victim's DA was offering all kinds of plea bargains to our son to bring down his 1st degree status to 4th degree, but he wouldn't take them, because he knew he was innocent from the start.  We had a little spark of hope, because of the plea bargains being considered, meaning that the DA didn't have any proof what-so-ever.  This was a he said, she said case, and just that was enough to get any mother pissed off in regards to any girl that can just go up onto a stand and literally lie about everything that never happened was a mystery to me.  Our lawyer said to us that if this went to trial, he could face up to 5 years minimum to 40 years of jail time if he was guilty.   I was so scared it wasn't funny, that he should go to jail at all for something he never did.

The trial lasted 4 days with 12 jurors deciding his fate.  We had family that were not witnesses in our son's case and they came out and told us what was being said.  It looked like the victim's story and her family's stories did not match what was said earlier in the original police report, because the victim's DA was actually showing signs of frustration with her own witnesses.

On the last day when we were to find out the decision of the jurors, we all cried and said our good-byes in the hallway, in case they found him guilty.  That was the worst day of my life, to say good-bye to our son.  I couldn't go into the courtroom and see our son taken away, so I stayed in the hallway, on a bench, with my head down, when suddenly my husband flew out and said he was innocent.  I screamed WHAT, that the policeman had to tell us to be quiet and closed the door, because the hearing was not officially done yet.   I knew I should have had faith in all of this, but I've also heard that innocent people have gone to jail because of a technicality in the justice system.

It felt like forever, when our son finally came out of that dreadful courtroom.  When he saw me, he walked fast into my arms, and we cried and laughed together until we couldn't anymore. 

This was seven months ago, and even though he was innocent, his record will forever be in the system under the CCAP program in Wisconsin.  He hasn't been able to even get an interview for a job, because of his background history being the way it is.  Of course, employers are not suppose to make their decisions based on what they find, but that doesn't stop them from considering  employment in their companies.  I've written to the President, the Governor's wife and the Mayor in regards to writing a letter to the judge requesting that they seal his case, but nothing so far.

I want to tell my story to anyone that will listen about false rape accusations.  Always be suspicious of anyone, even if they are family and less than 18 years old in their home, because all they need is to be mad at you to start something without proof of any kind, like they did to my son.  

My point of the matter for DA's to take cases like this is to have proof from the victim and a polygraph test to see if he/she is lying in the first place, before ruining someone's life.

 

 

 

 

 

 

  
by on May. 6, 2013 at 2:50 PM
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Replies (1-10):
Anonymous
by Anonymous on May. 6, 2013 at 2:54 PM
Poly graphs aren't admissible anyway, so that's a moot point.
Crazy-Steph
by Ruby Member on May. 6, 2013 at 2:59 PM

If his trail was in March of 2013, how was that 7 months ago?  Or do you mean the original charge?

I'm glad he was found innocent.

Anonymous
by Anonymous on May. 6, 2013 at 2:59 PM
1 mom liked this
I am sorry this happened to your son. :/ Why did she get angry 3 years later though?
BraydensMama163
by Platinum Member on May. 6, 2013 at 2:59 PM
Sorry for your troubles.
my4kids274
by Platinum Member on May. 6, 2013 at 3:00 PM

BUMP for later.  I want to read your post OP but I have to go and get my kids from school...

Anonymous
by Anonymous on May. 6, 2013 at 3:00 PM
Bumping to read later
Anonymous
by Anonymous on May. 6, 2013 at 3:08 PM
9 moms liked this

Can he get his record sponged(or whatever the term is) so it doesnt show up on background checks, since he was innocent?  Also, I know its family, but can you file charges against the girl for false acusations? Not for the money but to show the girl what happens when she lies just because she didnt get her way.

Keara20
by Platinum Member on May. 6, 2013 at 3:09 PM
3 moms liked this
I'm glad he was found innocent. What happened with the little liar?
jlm2676
by Bronze Member on May. 6, 2013 at 3:10 PM
What did your dd have to say about all of this and is the girl still in your lives?

I'm sorry your family had to go through this! My stepdad went through some something similar with his own dd. she accused him of abuse, but what she didn't know was he was out if state when she said it all happened! My step sister has a lot of mental problems and if he doesn't do or say what she wants, she gets mad at him and starts saying things!
Anonymous
by Anonymous on May. 6, 2013 at 3:12 PM
2 moms liked this

yeah milwaukee county is fucked.  i think its funny you thought walker would somehow help your family though....our system is broken and no one INLCUDING mr walker and his dear wife is interested in fixing it.

i am glad you son is home safe op.

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