Jury Trial

[Cinderella]

well my hopes that this would never go to trial have ended.....i am so angry that my little girl is going to have to testify in court about what happened to her and doubly angry that when she testifys her father and i wont be allowed in the court room.

I guess the only good thing about it for now is that there are no more court dates til April....

and yes I know I should be thankful that he is going to be tried....but I hate it

 

yesterday he filed a motion to suppress his statement ( his admission of guilt the night he was arrested) and to suppress all physical evidence........HA.....yeah right.....im afraid I will be on a witch hunt if they allow this.

 

well heres the record from todays hearing......

12/18/2008 - Hearing Held State by APA Blair; Defendant in person in custody and by attorney David Johnson. Case set for Jury Trial. Defendant ordered to appear 6-1-2009 at 9:00am for trial by jury. Defendant ordered to appear 5-14-2009 at 9:00am for pre-trial conference. Motions: State and Defendant instructed by Court that all pre-trial motions, with briefs in support thereof, must be filed no later than 4-17-2009 at 5 p.m. If pre-trial motions are filed, the motion hearing date is set for 4-24-2009 at 9:00am, Defendant ordered to appear. Court informs both parties that any motions requiring more immediate attention (i.e. related to bond or to discovery) will be heard by the Court as noticed up by either party. STA/plh

 

i dont know how things work....never ever dealt with anything like this or court at all for that matter.....maybe they will try to plea bargain yet or is that out of the question now that a trial is set? I cannot let him off but i may be willing to lighten the sentence a smidge to not have to go thru a trial.

The prosecutors office told me yesterday he is facing life....may he rot.

[Iowawegian]

Wish there was something I could say to make you feel better, but I'm glad he's facing life. I know it's not an easy time for you guys. Just wanted you to know your still in my thoughts and prayers.

[utadventure]

Cindy-

 

I was glad to see your post today as I had been thinking about your family. The wheels of justice move slowly sometime but they do move. At least you know that he will continue to be incarcerated for the time being and can work to enjoy your Christmas season.

 

Plea agreements can be made right up to the time that the jury says GUILTY! With each step in the system as things go your way will make it more likely that he'll accept some sort of agreement. When the judge denies the motion to exclude his confession etc, it makes your case stronger and him more at risk. If your daughter goes to a deposition and is about to recount her story without falling apart, increases the possibility that she will never have to do so in a courtroom.

 

Keep her strong. She can put this guy away and keep him from harming others.

 

Our getaway is still available.

 

Dave

[cecdoo]

Thanks for the update Cindy, I was wondering how things were progressing. Hopefully it can be resolved before your daughter needs to testify in court. I cant even imagine your frustration with this whole process, and now the scum wants to recant his admission of guilt. Sorry for all you guys are being put thru, hopefully he will get his in the end, no pun intended:fingers-crossed-emo Craig

[pegscraper]

I've apparently missed something. If there is such a thing on here, would someone mind pointing me to a thread that explains what's going on? If not, it's really none of my business anyway, and I don't mean to pry. Only if the tale is already on here somewhere.

[ronhenry4]

this may no tbe the right place to ask this but as a new member i have fallen in on the tail end of this thread. can i ask what has happened? Ron

[Cinderella]

rather than explain here are the original threads on this....there have been several ive posted about the court hearings, etc since then, but these will give you guys who dont know whats going on a little help......

 

 

http://www.venturerider.org/forum/showthread.php?t=26286

http://www.venturerider.org/forum/showthread.php?t=26349

http://www.venturerider.org/forum/showthread.php?t=26729

[mini-muffin]

Since they won't let you and Dale in the courtroom can someone else from the family go? Maybe one of us could even get there for you guys when it happens. I think you said BACA goes when she needs to go to court maybe even they could be there for her. I know this is gonna be extremely hard on you and Dale not being in there for her.

As far as a plea I'm pretty sure he can still take one any time up to the court date. Of course I'm not sure how it works in your state either. I'm sure some of our members that knows more will pipe up soon.

You know we're all here for you guys even if we can't all be there.

 

Margaret

[ronhenry4]

Im so sorry for what has happend and i hope i didnt hurt you by asking but i wanted to know. Im sitting here at work with tears in my eyes wishing there were words or some act i could give to help with this process. though im new here i feel like family as with every one else if there is anything i can do just give me a call. and give your husband a hug and your angel a kiss tell them you love them and i to will keep your family in my thoughts and prayers. Ron

[mini-muffin]

For those that are new here, you're getting to experience the best part of this site. We're there for you in the good times and REALLY there when it's bad. Whether we can be there in person or just here on the site with prayers and a safe place for you to vent or get comfort.

 

Margaret

[Squidley]

Cindy,

I have said it before, and will say it again....we are here for you folks and whatever you need just say it. Give our girl a hug and let her know that we are proud of her....were proud of you and Dale too

[BIG TOM]

Cindy, the motions to supress statements always happens.. Its standard and any atty. Even a bad one will file this motion along with the motion to supress the evidence.. Again all that is ...is that the defence atty. Wants to see how strong the da's case is and to find out any witnesses who may testify and what there going to say..its like fishing... The d.a. By law doesn't have to disclose any rosario material until the day of the trial..which means ..thatS when they have to give the defense their case file consisting of all the witnesess, statements by police, dna tests conducted, pictures, dr.reports, etc.etc.etc. Again the defense atty. Is going fishing..legal ploy...and yes a plea can happen right up until that first prospective jurer sets foot in that courtroom..once that happens..its to late to plea..most defendants don't plea until the 11th hour.. You have my nuMber if you or dale want to talk..

Edited December 18, 2008 by BIG TOM

[Redneck]

Hang in there we are with you. I would recommend you let the d.a. know you would rather have a plea deal than the trial. If there is anything we can do you know where to find us.

[pegscraper]

Wow, I'm sorry to hear it. I don't know what to say. You have our prayers.

[VTirelli]

As has been said before, the trial may still not happen. Dates are set to keep the case moving. Many times, once all the suppression motions are denied, they start really asking for a plea.

 

You guys are always in my thoughts.

 

Anything you need, just ask.

[Guest tessa c2]

Hang in there Cindy.... still thinking of you and your family, preyers are still for your family. t/c pete

[Gold Rush]

My heart aches for your family!!!! Our children are so precious to us and to have such a despicable thing done to one of them just tears at every fiber of our being... Sounds like your daughter has wonderful support and that is so very important for all of you...

 

I just served on a jury where a father was accused of molesting all four of his daughters!! Yes - that's what I thought.... Unfortunately the physical evidence was very weak and circumstantial evidence wasn't much better (too long before anyone was told). He did get convicted of one count and sent to prison for 15 years ( I know that wasn't enough).. In our hearts most of the jury felt he was guilty of all four counts but just could not prove it..

 

The important things in your case are first that your daughter told right away... You don't know how important that is..... Hopefully in your daughter's case the law did everything exactly right so the guy can't wiggle out of anything....

 

I agree that not putting you daughter through any more then necessary is good. Just as long as the guy gets put away for quite a while.... I've understand prison life is not pleasant for convicts that have messed with children.. Even murders love their children !! If there's any solace in a plea agreement that might be it....

 

Again, my prayers for your family continue.. Stay strong and lean on us as often as you feel the need....

 

GOD's Speed.....

[IH Truck Guy]

Cindy,thanks for the update..

We will pray that he plea's out, so she won't have to testify...

Enjoy your trip back home for the holidays and if you need anything at all,

please don't hesitate to call...We are here for you guys..

[Snarley Bill]

cindy, as brad said we're here for you. linda and i aren't all that far away. if there's anything at all we can do just holler. if you all don't have anyone to spend christmas with come on down we don't have anyone to spend christmas day with. maybe i can shake allan out of the bushes. i know this great pizza place. you'all are always welcome. bill

[wolfman1]

In Indiana, all this still leaves lot's of room for him to take a plea bargain. Most times these kind of crimes ever see a courtroom. No one wins. Least of all the bad guy. Juries don't like them and they feel terrible for the child. If found guilty, punishments are usually a lot higher than he would get with a plea. Many times they wait till the last possible minute to take the plea. Hang in there, most times things work out ok in the end. Our prayers are with you and your family for strength to get thru all this.

 

Steve

[Cinderella]

thanks once again for all the encouragement !

 

Bill we are leaving monday am for ohio..........we usually go across MO on 36 to hannibal....but maybe depending on when we decide to roll back home if we come thru your way we will give u a holler. we have no definate date to return yet, for once we are just going to play it by ear. Just have to back in time for school the 5th.

 

Yes mini BACA will be with her if she has to go to court. For that I am grateful....dont know at this point if any of my family would be able to be here.

But this could also put the caboshes to maintenance day trip for us, because dale will have to take time off work for the trial.....if there is still a job at ford by then....

luckily with all the auto plants shutting down for extended time our plant will be up and running.....basically because they make the truck here and they are actually way behind in production for it. They did lay off for a couple extra weeks tho , but dale got to work!

[RoadKill]

Definetely keeping you all in our thoughts and prayers.

[FJR Rider]

Cindy,

 

Cathy and my prayers are with you and your family. Cathy and I went through pretty much the same thing about 20 years ago with our youngest daughter (at the time 5) and one her great uncles. His indiscretions were bad enough, but don't sound somewhat as bad as your case. It went to jury trial with family testifying against family. He went to jail for a little over year...not long enough in our opinion, but he went. Tore the family apart.

 

Hang in there...be there for your daughter. The Air Force helped us with some family counseling along with good friends back then. It took a lot of years for us to get through it mentally, but for the most part we did. If you have access to counselors now, they can be helpful through the legal process as well.

 

Curt