View Full Version : Well, tomorrow is the BIG day....


mADD mike
01-12-09, 08:53 PM
I'm posting this in the exercise forum because you guys are the ones that I told about this back in the 12/12 "results" thread. My wife, LostInTheStars, was falsely accused of being involved in a hit and run by witnesses that apparently got lost while following the person that did it, and they chose my wife as the suspect. She had to go plead "not guilty" to criminal charges of leaving the scene of an accident, an accident that she had nothing to do with at all.

So far this has cost us over $1000, and a lot of stress comes with it. She is facing up to a year in jail and a $10,000 fine.

Tomorrow is a HUGE day for her, and me too. It is the pre-trial hearing, at which point our attorney and my wife will be up against the prosecutor. This is a hearing to determine if there is enough evidence to take this to a full-fledged trial. We NEED this dismissed tomorrow badly, because our attorney told us that if this goes to trial, we are talking $5000-$7000 more in costs to us, plus it will get drug out over the next year or year and a half. That is INSANE!!!!

This whole thing has been a witchhunt from the beginning. Nobody investigated anything, and the police completely took the witnesses at their word. The problem is that the girl that got hit said that a "guy" in a "boxy, beat up, black car" hit her and ran. My wife is not a "guy", and we have a green car with a very indentifiable white fender, from the only wreck she has ever been involved in, spinning out on ice last winter. The white fender would be something noticeable that would be easily identified, yet no mention of it. And, my wife, nor our car, are even close to the vehicle that ran, as described by the girl that got hit.

Oh, and there is also no damage to our car. And the witnesses refused to speak to our private investigator or give a statement. And my wife wasn't even on the road in question. And the cops identified a male witness to the wreck, when it was a female that called in. And the cops said that the witnesses said they saw a blond girl get out of the car at our house after they tracked her down, something that is nowhere on the taped call to the police that our attorney got. The police flat out made up stuff to fill out their story. It is unnerving, and just makes me madder than I can stand when I think about it.

So, tomorrow is the big day. If we can't get it dismissed at pre-trial, we are looking at a long, expensive road for something she wasn't involved in at all. We both pray that it gets taken care of tomorrow.

I thought some of you might like to know, since I mentioned it before, that such a big day in this is upon us. It is also good for others to know that such things can happen. This could happen to you or your loved one, just as easily. All it takes is a witness to an event that gets confused and points at the wrong person, when hundreds of cars were out that night. Then you need a gullible police force that has no investigative skills, and you have the recipe for facing criminal charges. We never thought something like this would happen to us.

FrazzleDazzle
01-12-09, 09:03 PM
Eeeek, I am soooo sorry, Dave and LostInTheStars. This is terrible. Prayers and thoughts for the situation and for tomorrow.

ginniebean
01-12-09, 09:23 PM
I sincerely hope for both your sakes that tomorrow is the end of it. I wish you all the best!

Driver
01-12-09, 10:12 PM
Hopefully the judge will see the inconsistencies in the evidence and dismiss the case.

mADD mike
01-12-09, 10:17 PM
Thanks guys!:D

I can't see how in the world this doesn't get dismissed, but then again I never thought the police would make their way into our house and start accusing my wife of such things. We thought she was going to jail that very night. It has been crazy so far, but hopefully some rational people step in and look at this tomorrow. I can't even imagine what the prosecutor has on her side, other than sketchy witnesses, and a police officer that clearly added things to the story not in any taped conversations, and that even conflicted himself in his own reports. It is truly sad, and kind of scary.

Mike

Driver
01-12-09, 10:46 PM
Thanks guys!:D

I can't see how in the world this doesn't get dismissed, but then again I never thought the police would make their way into our house and start accusing my wife of such things. We thought she was going to jail that very night. It has been crazy so far, but hopefully some rational people step in and look at this tomorrow. I can't even imagine what the prosecutor has on her side, other than sketchy witnesses, and a police officer that clearly added things to the story not in any taped conversations, and that even conflicted himself in his own reports. It is truly sad, and kind of scary.

Mike

In Australia, the judges are pretty hard on the police - lots of cases get thrown out because an officer made a tiny error (which leads to dismissed evidence, which leads to no case). In criminal cases, there usually has to be 100% certainty; errors erode that.

mADD mike
01-12-09, 10:53 PM
In Australia, the judges are pretty hard on the police - lots of cases get thrown out because an officer made a tiny error (which leads to dismissed evidence, which leads to no case). In criminal cases, there usually has to be 100% certainty; errors erode that.

Maybe we can have the case moved to Australia.:)

These officers couldn't even spell the name of the road that the accident happened on. Then they first said it was at one intersection, and later changed it. They also said that the car that was hit at the scene was a 4 door car, and it only has 2 doors. Basically, they have the intelligence of a rock..........a stupid rock. They never seemed to take any real detailed statements, and when the witnesses tried to tell them something, they told them that they didn't need to because they knew what happened already. They never even let them make a statement. Now the witnesses won't talk. Nobody has ever showed the girl that got hit a picture of our car to see if she would even say it was our car in the accident. She might look at it and say no, that isn't it, I'm sure, but nobody will ever know. Heck, the prosecutor has never made any contact with us whatsoever, or asked any questions. Nobody has contacted us at all. :mad:

FrazzleDazzle
01-12-09, 10:55 PM
You have GOT to be kidding.............

mADD mike
01-12-09, 10:58 PM
You have GOT to be kidding.............

No, I'm just glad Barney Fife kept his bullet in his pocket. He may have gotten confused and took a shot at us otherwise. Our attorney actually knows the cop that spoke with us, and said that while he's a nice guy, he's not the sharpest tool in the shed. It shows.

mADD mike
01-12-09, 11:03 PM
Oh yeah, not only could they not decide what intersection this happened at, or spell the names of the streets correctly, but................

THE WRECK HAPPENED AT THE INTERSECTION RIGHT BY THE POLICE STATION!!!!!!!!

Yep, they couldn't even get the name of the intersection right, or spell the name of the main road, at the very intersection where their own police station is located.

DesertDave
01-13-09, 01:24 AM
I hope it goes well Mike. Hopefully the judge gets to hear all of this stuff and has some sense and doesn't let it proceed any further. It's sad that you have to go through all of this when there seems to be a preponderance of evidence to say "it's not her".

Let us know what happens.

ndnbutterfly
01-13-09, 10:39 AM
I'm really sorry to hear about what you're going through.

My thoughts and prayers will be with you both.

It's just CRAZY that people can say anything and not even think how it will affect others and get away with it!!!:mad:

Best of luck. Let us know how it goes.

mADD mike
01-13-09, 12:34 PM
Well, we just got back a bit ago.

One of the biggest pieces of evidence that we have is a photo taken from an old wreck, back in Feb of 2008. It clearly shows that the yellow marks on the front of our car were already there, and not caused by this accident my wife is accused of having.

We showed at court, never had to utter a single word or even stand before the judge. Our attorney spoke with the prosecutor, who knows he's dead in the water, and he said that if we could prove when the old picture was taken, then he'd dismiss the whole thing. I then immediately went home, found the photo on my computer, and took a picture of the screen, showing the properties and that it was created in Feb of 2008.

Also, being a pack rat to some extent came in handy. We found the old cell phone that had the original pictures on it, and it too had the dates from last Feb. I took photos of that as well.

As of right now, we are awaiting word of dismissal. Hopefully it happens today, but who knows, as this whole process has dragged on for nothing. I have sent the photos to my attorney, and we'll let him and the prosecutor hash that out.

Our attorney did shed another new piece of information to us today. He said that the witnesses did respond a little to the badgering of our private investigator. The witness said, just like the girl that got hit, that he chased a BLACK car, (again, ours is green with a white fender), and that he wasn't on their tail the whole time. There were cars between them, and he apparently kind of defensively said "I did my best". Good job idiot, in trying to keep one girl from getting hurt, you hurt us too. At least her insurance paid for her car to be repair, we are out over $1000 and a month of our lives over these idiots.

Further showing why I generally don't like or get along with people. They are idiots, the bulk of them. I love coming to these forums because there are so many good and intelligent people, even if they don't give themselves credit for being so. I don't get that in the world around me very often, I just get idiots that make me pay for their idiocy. I'm so sorry my wife had to go through this.

ndnbutterfly
01-13-09, 01:23 PM
I'm really glad to hear that Mike!

DesertDave
01-14-09, 12:01 AM
Let's hope it's over and done with.

The only ones who profited from this were the lawyers.

Ravenna
01-14-09, 02:41 AM
Can you claim damages against the idiot who made the accusation? Might be a PITA but could recoup the $$ at least.

mADD mike
01-14-09, 10:22 AM
Can you claim damages against the idiot who made the accusation? Might be a PITA but could recoup the $$ at least.

Nope. From what I've been told, you can only go after the witnesses that made the accusation if you can prove that they were maliciously pointing at you. They didn't have malicious intent, they were in all likelihood just careless, made a mistake, or just generally stupid.

My problem lies mostly with the police department. To come in my home, stand there and tell my wife that she did hit this girl in no uncertain terms, deny telling me where the supposed damage to our car was, and all the time everyone agrees that it was a black car, when ours is green, is absolutely ridiculous. To then make up things and put them in the police report, things that were on no taped conversations and where no other conversations took place, is egregious. It is scary to think of what they would do if they thought you had shot at someone. Would they come in your home and just open fire because someone thought you had a gun?

It's a scary world when you can pick out anyone on a street at any given time, tell the police that they did something, and have them put through a month of stress and losing money just for kicks.

Oh, and innocent until proven guilty is a bunch of bull crap. My wife was completely guilty, and has had to prove her innocence at every turn. Even now, we're waiting to see if the evidence I provided of the date on the picture of old damage to our car is enough. What if we didn't have a picture from before? Nobody even thinks that we would have more than a little yellow scratch on our car from being in a wreck that destroyed the front quarter of the girl's car that got hit. We would have much more than a little yellow scratch, but these people have no powers of reason. We have to provide conclusive proof beyond reasonable doubt to even start to get this dismissed. What a crock!

Ravenna
01-14-09, 08:13 PM
OMG thats ridiculous! Fingers crossed its all resolved quickly, with costs kept to a minimum.

Prusilusken
01-14-09, 09:17 PM
Wheeeew, Mike!
Good to know you guys didn't get dragged to court, but sad to hear that your system is so rotten when it comes to doing just that. I doubt that your case would get anywhere near even a pre-trial here in DK, and even if it did, it would be free of charge for you guys.
The government would pay the lawyer who defended you.

I'm sorry you lost money and had that extra emotional weight on your shoulders, that you didn't deserve at all. And I wish you had the opportunity to tell both the policeman in charge and the deaf, dumb and blind witness how much this cost you and how hard it is to be falsely accused of such a terrible crime.
Lost should be compensated for this experience, at least financially.
I know that that is not going to happen, but it would only be fair.

And yeah, Desert Dave, you're right.
The lawyers' families have bread on their table.
Normally, I don't have anything against people earning their living in whatever way they want, but this seems unfair. It's not the lawyers' fault, but the system's. :(

mADD mike
01-14-09, 10:02 PM
Well, no word today from anyone regarding the pending dismissal of all criminal charges. I wish I had some way to find out from the prosecutor what is going on. I want this over for us, officially. It pretty much is over now, but we both want that official word and paperwork, so that we can put it to rest for good. I hoped that we would get word today, but who knows, with the way things work here, it could be weeks until they do anything.

Think your mechanic makes good money when he charges $50 an hour to work on your car? Since this is the first time I've dealt with attorneys, we found out that our guy basically charges $200 an hour. That's nothing though, because the first attorney we talked to wanted over $2500 just to give my wife a lie detector test and base the whole case on that alone. He never even wanted to look at any evidence, so we passed him by and found the guy we went with. To be honest, the guy we went with did a really good job, and I think he may have charged even more, but he took a liking to my wife. He remarked about how odd it was for a person to come in that was actually not guilty. Most people are guilty as can be, and then the game is just getting the least punishment possible. He was really taken aback by having someone in front of him that actually had nothing to do with what they were accused of.

One would think that we would get some sort of reimbursement for our legal fees from the false charges leveled against my wife, but it won't happen. They wouldn't even face us in court, much less compensate, or even apologize for being wrong. It will just be swept under the rug, I'm sure.

We will likely send a letter to the witnesses after this is officially done to tell them that next time they are in such a situation, they should mind their own business and not do something stupid to hurt an innocent person, but that's about all we can do. I think they should know that in trying to prevent one family from being hurt, they hurt another, making it twice as bad. Maybe next time they'll think before pointing fingers at people.

mADD mike
03-03-09, 11:56 PM
*BUMP FOR UPDATE*

Well, it is finally OVER! YAY!:D

My wife called to her attorney yesterday because we have been in some sort of limbo, and wanted to find out what the next step is. We're going out of town for our anniversary this weekend, and were hoping that we didn't have to be back for another pre-trial hearing or anything. Our attorney didn't know much, so he called down to the local court, and found out that the charges were completely dismissed. Actually, they were apparently dismissed on 2/17, but they didn't feel compelled to tell us or our attorney. Seems like when they have false charges to make, they're all over that. But when it comes to letting you off the hook because they screwed the whole thing up and have the wrong people altogether, they would rather not let anyone know. Jerks.

We got the whole thing in writing, and the paperwork came today in the mail. It is official, no going back now, it is dismissed.

On a side note, before we found out that it was officially dismissed, I got a letter in the mail on Saturday from the court system. I was so happy, thinking that maybe it was dismissal paperwork. Turned out that it was a pre-jury questionnaire, as they are interested in perhaps having me serve on a jury. I DON'T think that they would want a guy that doesn't believe a thing the cops say, or the prosecutor, and that doesn't trust the process very much. Not a wise choice, having me as a potential juror right now. Everything is too fresh for me to be objective on something like that. It was kind of insulting to get that in the mail, all the while we can't find out from the courts where we stand on a case that started way back at the beginning of December.

Thanks to all that supported us both. It is a beautiful thing to be vindicated. Now we can go on our trip for our anniversary without this hanging over our heads.

Mike:D

Prusilusken
03-04-09, 12:54 AM
SO HAPPY FOR YOU!
What a relief despite the incompetence of so many of the people involved.

Hugs!

Driver
03-04-09, 01:19 AM
Victory for common-sense!