U.S. CitiesCity-Data Forum Index
Go Back   City-Data Forum > General Forums > True Crime
 [Register]
Please register to participate in our discussions with 2 million other members - it's free and quick! Some forums can only be seen by registered members. After you create your account, you'll be able to customize options and access all our 15,000 new posts/day with fewer ads.
View detailed profile (Advanced) or search
site with Google Custom Search

Search Forums  (Advanced)
Reply Start New Thread
 
Old 11-12-2012, 03:54 PM
 
5,767 posts, read 10,301,282 times
Reputation: 3813

Advertisements

The detectives who investigated this case should be absolutely ashamed of themselves, along with the prosecutor who chose to take this mess to a grand jury and then a trial jury, as well as the jurors themselves, and the judge who failed to throw out the charges...

Conviction tossed, Va. man waits to be freed

Quote:
Jonathan Montgomery, 26, was convicted in 2008 of sexually assaulting Elizabeth Paige Coast. The accuser, then 17, claimed Montgomery assaulted her outside her grandmotherís house in Hampton in 2000 when he was 14 and she was 10. Montgomery was sentenced to 7Ĺ years in prison.

...however, the incident never took place. The police "acted stupidly," arresting Mr. Montgomery on the basis of unsubstantiated allegations from several years in the past. And the injustices just keep compounding from there.

The question is, what protection does a falsely-accused man actually have in our society? And why are the agents of the justice system - everyone from officers to judges - so incompetent at protecting the rights of the falsely accused, or teasing out false allegations to begin with?
Reply With Quote Quick reply to this message

 
Old 11-13-2012, 09:01 AM
 
7,112 posts, read 9,346,238 times
Reputation: 8162
Quote:
Originally Posted by tablemtn View Post
The detectives who investigated this case should be absolutely ashamed of themselves, along with the prosecutor who chose to take this mess to a grand jury and then a trial jury, as well as the jurors themselves, and the judge who failed to throw out the charges...

Conviction tossed, Va. man waits to be freed


...however, the incident never took place. The police "acted stupidly," arresting Mr. Montgomery on the basis of unsubstantiated allegations from several years in the past. And the injustices just keep compounding from there.

The question is, what protection does a falsely-accused man actually have in our society? And why are the agents of the justice system - everyone from officers to judges - so incompetent at protecting the rights of the falsely accused, or teasing out false allegations to begin with?

We all have the right to legal counsel and appeals, appeals, appeals if a conviction happens anyway. But I wish there were some sort of genuine recourse for people who have been wrongly imprisoned. How is he supposed to get back 5 years of his life? Not to mention the fact that some people are never going to believe he didn't do it. Even being cleared of a crime like this can ruin your life.
Reply With Quote Quick reply to this message
 
Old 11-13-2012, 09:04 AM
 
Location: Las Flores, Orange County, CA
26,346 posts, read 82,993,631 times
Reputation: 17515
Quote:
Originally Posted by tablemtn View Post
The detectives who investigated this case should be absolutely ashamed of themselves, along with the prosecutor who chose to take this mess to a grand jury and then a trial jury, as well as the jurors themselves, and the judge who failed to throw out the charges...

Conviction tossed, Va. man waits to be freed




...however, the incident never took place. The police "acted stupidly," arresting Mr. Montgomery on the basis of unsubstantiated allegations from several years in the past. And the injustices just keep compounding from there.

The question is, what protection does a falsely-accused man actually have in our society? And why are the agents of the justice system - everyone from officers to judges - so incompetent at protecting the rights of the falsely accused, or teasing out false allegations to begin with?
Things like these are going to happen. There's not much you can do about it - except spend more money and time. Nothing is perfect. It's probably a lot better than it was 100 years ago though.
Reply With Quote Quick reply to this message
 
Old 11-13-2012, 10:43 AM
 
7,376 posts, read 12,884,688 times
Reputation: 6963
The girl that accused him should get 5 years in jail
Reply With Quote Quick reply to this message
 
Old 11-13-2012, 12:26 PM
 
Location: State of Being
35,885 posts, read 67,160,016 times
Reputation: 22373
Sadly, unless a person has the money for the best attorneys, there isn't much one can do to protect one's self from this type of false allegation.

We have to hope our LE and DA are sensible enough to weigh out the "evidence" and figure out when no crime has occurred.
Reply With Quote Quick reply to this message
 
Old 11-13-2012, 01:52 PM
 
3,965 posts, read 4,608,625 times
Reputation: 3657
How much will he get? I can understand if he would have an axe to grind against the accuser.
Reply With Quote Quick reply to this message
 
Old 11-13-2012, 04:21 PM
 
Location: Earth Wanderer, longing for the stars.
12,408 posts, read 16,477,375 times
Reputation: 8777
Ha! They should have invited Judge Judy to grill that girl.
Really - kids lie. This girl must have been good at it, fooling her parents and the police and the court system. Was it that, or that when a sweet little face looks up at a person and makes such a claim nobody thinks to test her for the truth?

I think a lot of juries start off thinking that if police took someone into custody they are probably guilty.

What may be even a greater travesty is the jurisdiction that imprisoned the poor fellow doesn't want to set him free. Evidently the police arrest so many people and so many are falsely convicted that no jurisdiction wants that on their record. Sometimes they will finally release the innocent person but not expunge his record because of not wanting to lower some statistic.

There really should be a way to force the immediate release of a convicted person who is found not to be guilty later.
Reply With Quote Quick reply to this message
 
Old 11-14-2012, 02:14 PM
 
5,767 posts, read 10,301,282 times
Reputation: 3813
Quote:
Things like these are going to happen. There's not much you can do about it
I don't think it's that simple, though. There seem to be procedural failures along the way.

The question is this: if someone (anyone) just suddenly decides to make up a false abuse allegation against anyone else, is it appropriate for police and prosecutors to act on that false testimony alone, in the absence of any other corroborating evidence?

I think the record shows that this is simply too dangerous. If you are going to deprive someone of his or her liberty, then some kind of evidence of wrongdoing beyond a false allegation would seem to be necessary. But in practice, false testimony alone is enough to set a wrongful prosecution in motion.

That's a serious issue. Our society has not dealt with it very well, either.
Reply With Quote Quick reply to this message
 
Old 11-14-2012, 08:31 PM
 
Location: Chambersburg PA
1,739 posts, read 1,759,933 times
Reputation: 1464
Quote:
Originally Posted by tablemtn View Post
The detectives who investigated this case should be absolutely ashamed of themselves, along with the prosecutor who chose to take this mess to a grand jury and then a trial jury, as well as the jurors themselves, and the judge who failed to throw out the charges...

Conviction tossed, Va. man waits to be freed




...however, the incident never took place. The police "acted stupidly," arresting Mr. Montgomery on the basis of unsubstantiated allegations from several years in the past. And the injustices just keep compounding from there.

The question is, what protection does a falsely-accused man actually have in our society? And why are the agents of the justice system - everyone from officers to judges - so incompetent at protecting the rights of the falsely accused, or teasing out false allegations to begin with?
In many states, mine included, the only "evidence" needed is the accuser's testimony if they are under 13 or claim they were under 13 at the time of the alleged incident. So, if some girl says, "so and so, grabbed my butt"...there ya go. Indecent Assault
And yes, I have a loved one who has been falsely accused, in just such a way... NO evidence, other than he word.
It's becoming a witch-hunt...get mad at someone, make up a story, ruin thier life and the lives of their loved ones as well.
Reply With Quote Quick reply to this message
 
Old 11-14-2012, 08:34 PM
 
Location: Chambersburg PA
1,739 posts, read 1,759,933 times
Reputation: 1464
Quote:
Originally Posted by goldengrain View Post
Ha! They should have invited Judge Judy to grill that girl.
Really - kids lie. This girl must have been good at it, fooling her parents and the police and the court system. Was it that, or that when a sweet little face looks up at a person and makes such a claim nobody thinks to test her for the truth?

I think a lot of juries start off thinking that if police took someone into custody they are probably guilty.

What may be even a greater travesty is the jurisdiction that imprisoned the poor fellow doesn't want to set him free. Evidently the police arrest so many people and so many are falsely convicted that no jurisdiction wants that on their record. Sometimes they will finally release the innocent person but not expunge his record because of not wanting to lower some statistic.

There really should be a way to force the immediate release of a convicted person who is found not to be guilty later.
"oh but kids don't lie about these kinds of things", don'tcha know? yeah, right! "kids" aren't as innocent as they used to be, we seem to forget that nowadays. Add to that, that you can wait how many ever years and then accuse...well, it's open season
Reply With Quote Quick reply to this message
Please register to post and access all features of our very popular forum. It is free and quick. Over $68,000 in prizes has already been given out to active posters on our forum. Additional giveaways are planned.

Detailed information about all U.S. cities, counties, and zip codes on our site: City-data.com.


Reply
Please update this thread with any new information or opinions. This open thread is still read by thousands of people, so we encourage all additional points of view.

Quick Reply
Message:

Over $104,000 in prizes was already given out to active posters on our forum and additional giveaways are planned!

Go Back   City-Data Forum > General Forums > True Crime
Follow City-Data.com founder on our Forum or

All times are GMT -6.

© 2005-2019, Advameg, Inc. · Please obey Forum Rules · Terms of Use and Privacy Policy · Bug Bounty

City-Data.com - Archive 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35 - Top