'I sat in jail for a crime I did not commit for over a year until I got fed up and signed for what I thought was immediate release and probation and 10 years registration.'
I was charged with aggravated sexual battery of a minor under 13 (law amended to lower age 12). I pleaded guilty to criminal attempt. I believe they hung the entire case on the idea I bathed a child who was not my child. Who cares if the child was being abused and neglected? Many legal experts and attorneys have said the same thing.
Everyone begged me not to plead guilty including the jail-house lawyer/former paralegal that was helping me. Everyone knew the case was bogus including the court personnel. They were angry that I was railroaded and did not stand up for myself, but they understood why I pleased guilty to something that I did not do. I had a damn good and feared attorney chomping at the bit to take my case - but I don't have $60K and I have a pending lawsuit against the state so he is waiting for that to end, too.
In October 2013, I got fed up with one of my room-mates allowing a man to molest her 2-year-old daughter for free drugs and alcohol, kicked her out of my apartment and threatened to call DHS which I did a couple days later but DHS did nothing. She retaliated by calling the cops on me and lying saying her daughter told her I had hurt her privates.
Unfortunately, I had changed her and given her a bath earlier that day because her mother was too drunk and high to do it, and she had been in a dirty diaper for over 16 hours so I did touch her technically. The police placed me in the squad car for 4.5 hours until releasing me due to no evidence and no credible statement, while my "victim" cried her eyes out looking for me.
As I was being released another cop from Sexual Victims Unit (SVU) showed up and ordered I be taken downtown for questioning, and then coached the mother on what to say while completely ignoring my ex room-mate or my other room-mate who were my witnesses and would have proven my innocence. The arresting officer, whom I had known for two years, told me she was notorious for lying, falsifying reports, coaching witnesses, and doing whatever it took to get a conviction and the cops hated her and I had better get a lawyer fast.
I was placed in a 1' x 8' cell that was freezing cold, no toilet, a metal bench too narrow to lay on, woke me up every time I nodded off, not allowed to use the bathroom, or get any water for over eight hours. Mind you, I had already been up for 36 hours straight. When I was finally brought into the interrogation room I immediately told them I wanted an attorney and for a tape recorder to be brought.
I was told by the SVU officer that all the recording devices were broken. She also said if I lawyered-up she would lock me up with all the criminals and tell everyone I was a paedophile and "I knew what happens to paedophiles, didn't I?"
I agreed to make a statement where I explained what really happened, why I was giving the child a bath and changing her diapers, and I was told I had no right to do that because I was not her father or legal guardian and I would go down for aggravated sexual battery. A year later charges were dropped - then lo and behold I was arrested on a bench warrant three months later.
Fast forward to the first day of court.
This was when I found out that my discovery was a shambles, it was not a true bill, it was signed by a foreman who was WAY past his term limit, and there was no evidence. I signed up for a public defender thinking I had this beat until he told me it was not his job to defend me and he was only going to get me the least amount of time possible.
I immediately fired him but the judge told me "paedophiles don't have rights", "I had no business bathing the little girl" and "the prosecutor does not have to provide evidence or witnesses" after the prosecutor admitted six times at six different hearings there was no warrant, no evidence, and the alleged victim's parents refuse to press charges or come to court. I came to find out the judge and my public defender were best friends, went to school together and worked at the same firm.
Throughout my case my hearing was put off and my letters, motions, phone calls, and complaints to the Board of Judicial Conduct and Board of Professional Responsibility were either denied or ignored.
I sat in jail for a crime I did not commit for over a year until I got fed up and signed for what I thought was immediate release and probation and 10 years registration.
Instead, it was five years at 30%, CSL, and lifetime registration. My public defender never brought up probation and told me to lie on the stand about being offered probation. When I tried telling this to the judge she refused to allow me, and ordered the bailiff to escort me back to my cell.
I filed a post-conviction appeal and that attorney was no better. He said "all criminals should be locked up without due process and the key thrown away", then quit my case and handed it to his partner one day before my hearing. Of course I lost and the attorney refused to file an appeal, even after being ordered to by the appellate court until they threatened sanctions - and the appeal he filed, a third grader could have written better.
Now, I am under the Department of Corrections and forced to wear an ankle monitor which was never mentioned in my plea agreement. I am unable to find work or a place to live. I am not allowed to go to my disability doctor or hearings. I am not allowed to go to court or the law library to litigate my cases. I am not allowed to travel anywhere. I am forced to report three times a week even though a local judge said they could not do that. They threaten my witnesses and loved ones and constantly put out sanctions and/or arrest warrants for me.
Name withheld
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