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Old 01-21-2013, 07:25 PM
 
Location: Chambersburg PA
1,739 posts, read 1,761,429 times
Reputation: 1464

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In many states, they don't need evidence other than the accuser's testimony if they are under 13 or claim they were under 13 at the time of the alleged incident.
Kids of a young age can be coerced too, by parents in custody cases.
Honestly, I don't know what the answer is, because I know that often sex abuse leaves no "evidence" but at the same time, kids can and do lie. Esp. if coerced
I pray your ex-roomie, if innocent, doesn't get found guilty because the jurors feel it's "better to be safe than sorry"
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Old 01-21-2013, 08:53 PM
 
Location: Seattle, Washington
2,533 posts, read 3,959,300 times
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Quote:
Originally Posted by Sgt. Buzzcut View Post
Right,and I wasn't trying to imply that but you never know what they are going to try to offer up as a defense and create doubt. Look at the Casey Anthony case, at the last minute they tried to implicate the father George in opening arguments. That's probably why they took your DNA and gave you the polygraph...to specifically rule you out and seal the deal, that only he could have done it.
No offense taken... and I absolutely agree with you.

I told the PA I'm willing to cooperate in any way I can... tomorrow I have to go to the post office and pick up my certified letter (the subpoena) and from there I don't know what happens... As said she told me she wasn't sure if my testimony would be needed.

If it is I'm assuming they pay for the trip... at least that's what the Victim Witness person told me... that they would make travel arrangements for me. I wonder if the costs associated with a cross country trip have anything to do with them wanting my testimony?

I sure don't want to pay for it.

Quote:
Originally Posted by faeryedark View Post
In many states, they don't need evidence other than the accuser's testimony if they are under 13 or claim they were under 13 at the time of the alleged incident.
Kids of a young age can be coerced too, by parents in custody cases.
Honestly, I don't know what the answer is, because I know that often sex abuse leaves no "evidence" but at the same time, kids can and do lie. Esp. if coerced
I pray your ex-roomie, if innocent, doesn't get found guilty because the jurors feel it's "better to be safe than sorry"
I actually mentioned that to the PA when I talked to her... if it's possible the ex put the child up to making the statements.

That's when she said "kids are horrible liars and usually it comes out pretty quick. I wouldn't have charged the case if I didn't think I could win."

So I dunno...
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Old 01-22-2013, 06:24 PM
 
Location: Chambersburg PA
1,739 posts, read 1,761,429 times
Reputation: 1464
Quote:
Originally Posted by Kees View Post
No offense taken... and I absolutely agree with you.

I told the PA I'm willing to cooperate in any way I can... tomorrow I have to go to the post office and pick up my certified letter (the subpoena) and from there I don't know what happens... As said she told me she wasn't sure if my testimony would be needed.

If it is I'm assuming they pay for the trip... at least that's what the Victim Witness person told me... that they would make travel arrangements for me. I wonder if the costs associated with a cross country trip have anything to do with them wanting my testimony?

I sure don't want to pay for it.



I actually mentioned that to the PA when I talked to her... if it's possible the ex put the child up to making the statements.

That's when she said "kids are horrible liars and usually it comes out pretty quick. I wouldn't have charged the case if I didn't think I could win."

So I dunno...
It depends on the case, and who might be coaching them I suppose. Little kids maybe bad liars but they're terrific mimics, esp. if they're afraid of hurting someone or getting someone angry
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Old 01-22-2013, 09:38 PM
 
Location: Seattle, Washington
2,533 posts, read 3,959,300 times
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Quote:
Originally Posted by faeryedark View Post
It depends on the case, and who might be coaching them I suppose. Little kids maybe bad liars but they're terrific mimics, esp. if they're afraid of hurting someone or getting someone angry
Yeah I got the subpoena in the mail today and have to call the victim witness program tomorrow and talk to them. Upon reading it I see that I will not be paid for my time other than $10 per day and $18 for food. Seriously?

Will post back... can't say I would be thrilled to miss up to 2 weeks of work for a cross country trial even if they do pay for it.
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Old 01-22-2013, 10:30 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,085 posts, read 23,913,770 times
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It may be a loss from a financial POV, I'd want to be there if I were named in a case this serious whether needed as a witness or not. Taking a polygraph and DNA isn't as though you were given a traffic violation.

Hopefully they have more evidence to present. Theres obviously plea deals refused or the case wouldn't go to trial. Declining a plea deal doesn't imply his innocence or guilt.

Quote:
Originally Posted by Kees View Post
Yeah Igot the subpoena in the mail today and have to call the victim witness program tomorrow and talk to them. Upon reading it I see that I will not be paid for my time other than $10 per day and $18 for food. Seriously?

Will post back... can't say I would be thrilled to miss up to 2 weeks of work for a cross country trial even if they do pay for it.
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Old 01-24-2013, 09:03 AM
 
Location: Seattle, Washington
2,533 posts, read 3,959,300 times
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Quote:
Originally Posted by virgode View Post
It may be a loss from a financial POV, I'd want to be there if I were named in a case this serious whether needed as a witness or not. Taking a polygraph and DNA isn't as though you were given a traffic violation.

Hopefully they have more evidence to present. Theres obviously plea deals refused or the case wouldn't go to trial. Declining a plea deal doesn't imply his innocence or guilt.
Are you suggesting I should be worried that the defense may try to somehow implicate me?

I took the polygraph and gave the DNA sample because I wanted to be ruled out. After not hearing anything for 2 years I'm pretty sure that any evidence they have doesn't point to me.

I got a call from the PA yesterday and was told "I don't plan on calling you as a witness. I don't want to give them the opportunity."

Ironically I may be in the area anyway... My mother passed away yesterday and the services may be that Sunday... The day before the trial.

BTW.. I would want to be there. Absolutely. I just don't want to lose $2000 in wages... I doubt many would.

I can't testify to much anyway... His lifestyle around the house? How many girlfriends he had? Nothing that would even come close to convicting him or anyone else.
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Old 01-24-2013, 02:17 PM
 
9,916 posts, read 9,310,188 times
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So sorry about your mom.
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Old 01-24-2013, 06:49 PM
 
Location: 39 20' 59"N / 75 30' 53"W
16,085 posts, read 23,913,770 times
Reputation: 17987
Quote:
Originally Posted by Kees View Post
Are you suggesting I should be worried that the defense may try to somehow implicate me?

I took the polygraph and gave the DNA sample because I wanted to be ruled out. After not hearing anything for 2 years I'm pretty sure that any evidence they have doesn't point to me.

I got a call from the PA yesterday and was told "I don't plan on calling you as a witness. I don't want to give them the opportunity."

Ironically I may be in the area anyway... My mother passed away yesterday and the services may be that Sunday... The day before the trial.

BTW.. I would want to be there. Absolutely. I just don't want to lose $2000 in wages... I doubt many would.

I can't testify to much anyway... His lifestyle around the house? How many girlfriends he had? Nothing that would even come close to convicting him or anyone else.
Kees..I'm so sorry for the loss of your Mom, my condolences.

It sounds to me as though the prosecutor doesn't have the concrete evidence she needs for a conviction of your former roommate if she worried about attorney cross examination of you.
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Old 01-24-2013, 09:24 PM
 
Location: Seattle, Washington
2,533 posts, read 3,959,300 times
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Quote:
Originally Posted by virgode View Post
Kees..I'm so sorry for the loss of your Mom, my condolences.

It sounds to me as though the prosecutor doesn't have the concrete evidence she needs for a conviction of your former roommate if she worried about attorney cross examination of you.
Thank you both for the kind words.

Yes it does seem that way and that's why I am banking on not being called. What a mess it will be if I am though...

The trial is the 4th... Mom's service is the 9th. I bought the ticket today to fly in on the 8th. Getting called now would make for a big headache... 4 cross country flights inside of a week? Ouch.

Like I said though... I don't expect it to happen. Both the PA and victim witness contact said not likely... So I'm taking them at their word.

Will update with what happens...
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Old 01-26-2013, 12:29 PM
 
7,112 posts, read 9,356,053 times
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Another very common reason to get subpoenaed for trial is so that you can't sit in on the proceedings and disrupt things, but that doesn't sound likely here. But it's an open question what your ex-roomie may have said to give someone that impression.
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