PHONE CALL 1. (blog 52)

This is one of four phone calls with government lawyers to be released. This is myself and as you can tell there will be much evidence that will be confirmed with real people and you can hear the damage done. the reference made about additional charges in June 2013 were the police and their harassment during and before my acquittal. This by way of my attorney I am not allowed to discuss. You will also hear that those two bunk charges of breach were dismissed after trying to use it as a tool to harm my credibility before trial. Much more to come . TORTURED

Feeling trapped. (51)

After your life has been put on hold for near three years, there is much to do. The debt you incur from within friends and family is staggering, yet the only ones that seem to care. Not being allowed to work your normal job because of either being incarcerated and or on house arrest, your broke!. You cannot afford a real attorney, yet the government will supply you with one. However who they actually work for would appear to be a question that no one has been able to seriously answer for me. In the end, after an acquittal the massive cover up begins and as if to be kicked while down, the judge will throw in his own perspective and corruptly selective comments. You walk away wondering how to rebuild and in the mail you get a letter stating that you owe the government nearly over 7'000.00 for your legal aid lawyer and then you get one of many to come moments of clarity " ohhh, that's why they never actually fought for me"....hmmm, i know by experience by way of trying to hire an actual lawyer that they won't even say they represent you without a minimum 5'000.00 to 10'000.00 down. Thank God I'm a Canadian and used to pay taxes.
                                                        SHORT LIST

Moving on, you wonder the steps it takes to rebuild and write yourself a little "to do list". The list kinda goes like this.
- Find out when and how long I have to repay the government for my hamburger lawyer 7'000.00 plus
- Do you taxes going back for all those years, do i owe, do they owe me?
-Is there any money left in my bank account? Nope that was drained.
- How much is my student loan at, all those missed payments, interest. Near 5'000.00 still owing, much of it interest, who do i call to explain what went wrong? And at the ;east, can they forgive the interest?
-Where are all of my personal possessions, home, clothing and pets?
- Did they run up my credit cards, I'd better check that out?
- Did they pay all the utilities accounts, telephone, Internet, cable? better call and find out about that and how much is owed.
- Are my safety tickets still good, so that I can return to work?
-Where do i go live, where do I get the money?

 Overwhelmed already, I set out for answers. I get 802.00 per month being diagnosed as having PTSD, hard to function at times but I've no time to recuperate, no time to reflect. Legal aid says i must start repaying immediately, I simply hang up the call after trying to explain that you cannot get blood from a stone. Capital one MasterCard says that i owe over one thousand before they cut it off...when can I start repaying? Over the course of several days, bouts of uncontrollable emotions you call the utility companies. Where you were always good with your bills you now owe much to the gas company. Un paid until cut off, incurring interest daily.The power company is the same as too is the combined home phone, cable and Internet....they all want to know when I can pay and I endure the little comments of how a person needs to pay or repay their bills. Failure to do so will only further incur interest and harm my credit score, rating.
More emotions, can't explain to the guy in the lobby why exactly as a full grown male I'm weeping . Now where do I live? With my girlfriends kids and their kids else its off to the shelter. My girlfriend is stressed and emotionally beat up from police harassment and undoubtedly from having to watch her boyfriend go through so much. Depression, suicidal attempts, nightmares all have an untold toll on those that attempt to support you. Losing all she had too in that support, including her vehicle that she made payments on for four years, things are stressed. The kids are all good but lack the experience in life to understand just how something so wrong can happen to someone, truly the world cannot be as corrupt. What would be my girlfriends grand kids offer a bit of smiles , they love and care without conditions and where as it is a therapeutic time , I have still had no time to reflect on what occurred for me and I now fake most emotions as its not their faults. Where as its loud and chaotic, I need quiet and time alone. As if there wasn't enough emotions I now feel like an ass secretly to myself that I'm un happy after these people who don't know me very well put me up so that I didn't have to live in a shelter.
Christmas goes by as do the months since my acquittal. My tickets for work are very much and a lengthy process to renew. Friends help out but its yet too much and I underscore my position to them out of sheer embarrassment.Finally after months of arguing with the government, they agree to pay for the rest. Wow! thank you so much! So grateful for your intervention after all its not like you did this to me. After much debate over telephones they agree if I'll only send in a copy of my acquittal papers, relative information, they will not only wipe the incurred interest, but because I'm now classified as poverty, they might even wipe the whole loan... hey thanks, real big of ya, your swell, thanks for coming, so Honourable. Secretly for my own sanity i hold on to the slightest foolish things, wow it would sure be nice to have that at least off my back. I do as they ask, bare my soul to a stranger over the phone, pay for Canada post express delivery and I'm broke already...(see bottom for copy of letter). In the end ,its all another lie. Not only will they not forgive it but demand some of my monthly petty money from another branch of their federal department, oh and "yeah ,interest will continue to incur.There goes the foolish things to hold on to....add it to the tab.

As of late, I still struggle daily. I am renewing my courses safety tickets to return to my kick ass job i once had. I attempt to obtain gainful employment but often questioned as to why a man in my forties is looking for a job, where have you been for the last 3 years in your reflective resume? Your way over qualified which equates some how into their minds that i am either a person with substance abuse issues or unreliable.I'm told that they aren't stupid, they know I won't stick around and cannot understand that I need whole days off a few days a month for courses. They don't want to be rude ( as I can't and don't want to be honest and fill in the blanks, tired of baring my soul, right to privacy) they simply joke around, say " come on guy, your smart, educated and over 40, you don't wanna be doing this crap". under duress, I agree and quietly leave as under my breath i think "what the fuck do you care, I gotta pay bills"..curse that i blew another 3.00 on a useless bus ticket.
I now have a place, shared but its mine. I still have yet to relax or reflect although it is much quieter, yet i miss the none judging smile of the adopted grand kids.I'm so proud that for preemies they have come so far. Nearly 3,000.00 dollars to move in here, most of it all from friends and girlfriend. I struggle with my course's as I have so much on my mind but I'm plowing through. the first is approaching and I have no idea where I'll come up with the extra 500.00 needed for my rent, bills never ending I get a reminder call about my overdue phone bill. I attend church so to hopefully heal, get some sense of community again and where as its good, its short lived and I return to my distress, i just showered a few hours ago and while i write this i feel so dirty, blocking my emotions all the time, carrying on instead of dealing with I simply just sweat, stress sweat. And I for one can tell you it stinks and sucks feeling as if you just did a run, fluctuations in weight gain and loss that are so dramatic its like over night, my eye sight is going right to shit and the doctors will only tell me that everyone deals with stress differently, we internalize our pain and suggests that i need to go find somewhere to scream, eat healthy, work out, enjoy life a bit......hmm, lets see. how about shut the hell up doc cause I can't go anywhere to scream, I'll get arrested. I cannot afford the gym pass and I can't eat healthy, tomorrow once again I'm going to the food bank at my church, I eat what I'm given. There is nothing like some guy telling you to" enjoy life a bit" when he'll never endure a day of what I do, walk where I've had to.

TORTURED

For those that say the guards do not torture. (blog 50)

This unit is on the fifth floor, one of two "special treatment units" that had existed. Watch the video, the guard dressed in black starts to walk towards Vader, See's what is going to happen and then retreats to Vader's" cell and then closes himself inside. The next you see is Vader walk into the camera and then his feet go flying out, ending with a guard on top of him and drags him (with the help of a few others) out of the view of the video camera....receiving one of his many beatings over the years. Yet there are nay Sayers that say "this doesn't happen" Keep telling yourself that bud!, hope you don't have to endure. Additionally, as of Wednesday march 19,2014 Travis Vader 's charges have been stayed. Yet the crown won't say why ,other then there is new information and yet he is still in jail. More trumped up charges to hold him just like the ones they trumped up for two years to hold him before ever even charging him with murder. Real corrupt system we have here. Without further delay, ladies and gentlemen the savage beating by a jail guards at the Edmonton remand centre on Travis Vader. Why the video? because "it doesn't happen"

And this is the video of his release after 4 years

https://www.google.ca/url?sa=t&rct=j&q=&esrc=s&source=video&cd=2&cad=rja&uact=8&ved=0CB4QtwIwAWoVChMIlqXX8qKwyAIViyuICh2a4Q_u&url=http%3A%2F%2Fedmonton.ctvnews.ca%2Fvideo%3FclipId%3D463671&usg=AFQjCNGF6xslbVgAwREWKItP2K4Fo5HkfA&sig2=4h-GkFKMcKsW1kzpMSh6RA

TORTURED

Canadian courts altering transcripts. (blog49)

The trouble with the courts today is that they have become as crooked as the alleged crime itself. You can be accused of a crime and if they cannot torture or keep you in remanded custody long enough to just plead out, accept one of their plead deals, regardless of innocence or guilt. Then ultimately if you prove yourself in court, they'll simply alter the transcripts, for many different reasons but the main one is to distance themselves from culpability, to protect crooked cops,crown attorney's. The internet is strewn with them, separate cases and yet resoundingly we are all saying the same thing..."the transcripts were altered"! On the day i received my "forced acquittal" from the judge and crown. My lawyer turned to me and whispered, " If you ever want a copy of what was said and done here today, I'd get on it right away before they go missing" Missing is too messy, poses to many questions and they are steering away from that, although i too have heard of these stories. However just as good, as she said in general....they will cover up. One thing I would caution people on though and that is they aren't very bright, you can catch it if you read close. Additionally, i suggest keeping all paper work as you just might come across even a newer version...an oops i forgot to remove that.

Canada Court Watch - Family Justice R

It is currently the practice in many Canadian courts to have court transcribers tape record the court hearing and to then manually transcribe on to paper what was recorded on the court audio tape.  Citizens who are parties to a court proceeding generally do not have access to the audio tapes and can only purchase a copy of the written court transcripts from the court.  Normal procedures do not allow parties in a court proceeding to hear the court audio tapes.  It has been reported that in Quebec, audio tapes are used and sold to parties at a nominal cost.

The Family Justice Review Committee has received a number of legitimate complaints from people who have been in court and who have evidence to show that their transcripts have been lost by the court system or that the written transcripts have been altered to exclude important information that was said in court.  One court reporter from Ontario reported that in her over 25 years experience as a court reporter in the Ontario Courts, she had never lost one tape until the Attorney General's Office of Ontario ended the practice of court reporters keeping their own tapes and started to store the audio tapes in a separate government controlled location out of the control of the court reporters themselves.

Some have advised the Family Justice Review Committee that they believe that court transcripts were altered to remove things that people said in court that may have been helpful in their case or which may have shown that a lawyer or judge acted in a very biased or unprofessional manner. Lawyers with the Law Society of Upper Canada have informed the Family Justice Review Committee that they believe that it is standard practice in many of the courts for the Judges to review the transcripts before they are released and that court reporters have they believe that court transcripts are being altered at the instruction of some judges in order to erase some of the judge's comments made in the court. Some lawyers have reported to us that tran

Other citizens have complained that exchanges between lawyers and the judge have occurred in the court after the judge has instructed the court reporter to stop recording the proceedings. One loving father from Ontario reported that the judge instructed the court reporter to stop recording the proceedings and then the judge went on to tell the lawyer from Ontario's Office of the Children's Lawyer to tell the young boy (the lawyer's client) that the father of the child does not love the boy anymore and that he does not wish to see his son anymore.  At the time that this page was written, the father has not heard from his son in over a year, has no idea of where his son is and no idea of where is some is living or going to school.   The Family Justice Review Committee has videotape interviews of the child and letters in the child's own handwriting (link to letter in pdf format) which show the child reporting that he does not trust his children's lawyer and that he was being lied to and threatened by his children's lawyer and that he wants to see his dad.  The father in this case said that he felt powerless and yet there was conveniently no record of what the judge had said to the child's lawyer while the court was closing down.  The court was closed to the public so that father was denied the help or support of any witnesses in the court.  (Note: A videotape of the child's testimony can be viewed by members of the press who may wish to look into this story by contacting Canada Court Watch by e mail or by phone.)

Many citizens have complained that they cannot afford the high costs of written transcripts and that transcripts for just one day could cost a party $600 to $1000 and that the high cost of obtaining transcripts obstructs their ability to obtain justice in Canadian Courts.  Another complaint which many have is that it takes too long to obtain transcripts.  Citizens have reported that is takes weeks and sometimes months for court reporters to have transcripts ready after they have been ordered.

The Family Justice Review Committee believes that with the current state of the art in audio and video recording that audio and video recordings should be used whenever possible to ensure accountability of the proceedings and to speed the court process up. Current technology would easily allow each and every citizen who is a party to a court proceeding to have almost immediate access to a record of the court proceeding at a much more affordable cost.  The Family Justice Review Committee believes that any technology that will improve improve service and reduce costs should be implemented by the Justice Department without any further delay.

Some of the courts have video equipment in the halls and corridors of the courts to monitor the public to the courts do know that the technology exists and is readily available.  Yet, the court system and the judges are very protective of putting such surveillance equipment in the courtrooms themselves so that what is said by the judges and the court staff is recorded.  The public must ask why.

The Family Justice Review Committee believes that those who act with honesty and integrity in the court should have nothing to hide and should have no objections to audio or video records being kept. Only those who have something to hide will object to the presence of video or audio recordings in the courts.

In the matter of the recording of court proceedings it is the position of the Family Justice Review Committee:

• That videotaping of court hearings should be permitted under law and that video equipment be set up in each and every courtroom that will accurately and reliably record all activities and conversations of the parties in the courtroom.
• That videotape equipment should remain active at all times once the court doors have been opened to the parties or to the public and should remain active until the end of the day.
• That videotapes of the court proceedings be available to all parties in court at a reasonable cost of under $25 per hour of court time and that these be available to parties within 24 hours of their court proceeding.
• That citizens who are a party to a court hearing should have the right to tape record their own hearings using their own equipment and that the court accommodate parties who wish to tape record their court proceedings. This should be allowed, even if the court has its own equipment active at the same time.
• That any citizen who appears in any proceeding outside a public court hearing which involves the presence of a judge or arbitrator, including case conferences or settlement conferences, that any citizen who is a party to a court proceeding should be allowed to audiotape the proceeding.
• That videotapes of court proceedings be provided free of charge by the government to those who were not successful in in court and who also are unable to pay for the videotapes because of economic circumstances.  Under such circumstances, where videotapes may not be available, then the government should provide written transcripts free of charge to those unable to pay.
• That all security officers posted in the courtroom for security purposes be equipped with shoulder tape recorders which should be active at all times.  Conversations between security officers of the court and any member of the public should be recorded to provide protection for the officers and for members of the public.
  
  
  Here is court watch in front of the senate committee i believe.
  
  

  Mr. Vernon Beck: On behalf of Canada Court Watch

  Testimony of Vernon Beck
  STANDING COMMITTEE ON
  JUSTICE POLICY
  
  Wednesday 13 September 2006 Mercredi 13 septembre 2006
  The committee met at 0907 in room 151.
  
  ACCESS TO JUSTICE ACT, 2006
  
  CANADA COURT WATCH
  
  The Vice-Chair: At this time I want to call forward Canada Court Watch, Vernon Beck, please. Welcome, Mr. Beck. You have 30 minutes for your presentation. If you don't use up the entire 30 minutes, the remaining time will be an opportunity for committee members to ask questions or make comments. Would you identify yourself for Hansard and then just proceed with your presentation.
  
  Mr. Vernon Beck: On behalf of Canada Court Watch, I would like to thank the committee for the opportunity to make a short presentation here today. My name is Vernon Beck. I'm a justice advocate, an investigative reporter with the National Association for Public and Private Accountability and the Canada Court Watch program. We are a Canadian-based citizens' organization which was founded by Archbishop Dorian A. Baxter.
  
  For those who don't know our founder, he was the first Canadian who successfully sued a children's aid agency and won. His case made newspapers worldwide because the Durham Children's Aid Society in that case was found guilty of the grossest negligence, incompetence, perjury and blackmail. Unfortunately, there was a recent CBC investigative report on TV in which the same Durham Children's Aid Society was reported on for a young boy who was being sexually abused and drugged while under the care of the Durham Children's Aid Society. Sadly, it seems that history repeats itself when it comes to children being abused by some of these CAS agencies in Ontario.
  
  One of our organization's major initiatives is the Canada Court Watch program. We are the only citizen-based program that is devoted exclusively to monitoring the courts and reporting on issues relevant to the courts and the justice system. We are the only media organization that collects videotaped interviews of children and adults who have been in the court system for the purposes of research. We strive to make the justice system better by exposing the violations of the rights and freedoms of Canadians in the court system. We strive to make judges and those associated with the court system accountable. More information about our organization can be found on our organization's website at adacourtwatc ... attachment.
  
  Based on our organization's experience over the last 10 years, the justice system as it currently stands here in Ontario has lost the respect of a great many Canadians, especially in our family and child protection courts. Every day our organization receives calls from children and parents in distress with the justice system in the Ontario courts. Many children call us. Many of them complain about Ontario's Office of the Children's Lawyer and how nobody is listening to their wishes and preferences. We have videotaped interviews from some children who are telling us that they are being coerced and coached by lawyers from Ontario's Office of the Children's Lawyer. We have this on videotape. We even get calls from lawyers --
  
  The Vice-Chair: Excuse me, sir. I think at this point I should caution you. While members enjoy parliamentary privileges and a certain protection pursuant to the Legislative Assembly Act, it is unclear whether or not these privileges and protections extend to witnesses who appear before committees. For example, it may very well be that the testimony you have given or are about to give could be used against you in a legal proceeding. So I want to caution you to take this into consideration as you make your comments.
  
  Mr. Beck: I understand, and I will only state that --
  
  Mr. Kormos: On a point of order, Madam Chair: Talk about giving legal advice. Look, he's here, has lawful standing in front of the committee, and quite frankly that sort of admonition -- I mean, he comes here at his own risk, but that type of admonition is, in my view, entirely inappropriate for the Chair to give unilaterally. I'm sorry; I find that very bizarre.
  
  The Vice-Chair: I simply want to caution the witness for his own protection.
  
  Mr. Beck: Thank you, Chair. I understand. Let me only state that as far as any statements I make here, we generally do have the videotaped or audio-taped evidence to back up what I probably will say today.
  
  The Vice-Chair: Thank you for that.
  
  Mr. Beck: To continue on, we get calls from lawyers as well with valid complaints about the administration of our courts and about the judges themselves. Many lawyers are telling us that the system is horribly broken. Our own investigations confirm this. As a volunteer organization, we cannot handle the dozens of calls that come into our organization each week. We are planning to submit a more comprehensive report to the government at some point in the future after a number of our ongoing investigations are complete.
  
  Although the problems with the justice system are just too numerous to deal with today, there are two or three issues that I would like to bring to the attention of this committee because we believe that they can be addressed immediately and they are of utmost urgency.
  
  The first issue I'm going to talk about today is what we feel is the obstruction of justice by judges and court officials regarding the use of recording equipment under section 136 of the Courts of Justice Act. The second issue is the access of the media to the courts.
  
  Court Watch is gravely concerned about what a growing number of citizens see as a blatant obstruction of justice by some judges and court security staff under section 136 of the Courts of Justice Act. Section 136 of the act -- and I think there's been some testimony previously -- clearly gives citizens, lawyers and parties acting in person the right to take a recording device into the court for the purpose of supplementing their notes in their own court hearing. It's quite clear. The current law makes sense. It's reasonable, it's fair and it complies with the principles of fundamental justice. Yet this simple section of the Courts of Justice Act is being routinely violated by judges and court staff, who have been entrusted to uphold the law and to protect the rights of the citizens of Ontario.
  
  To give you some examples of what I'm describing here right now, last summer at the Collingwood court, Madam Justice Lydia Olah ordered police to padlock the courtroom doors. A lock and key were used to padlock the people inside, and members of the media were told that they had to stay out by the police officers. There was no court order for that decision. Two armed OPP officers stood outside the court doors and said that if any members of the media approached the courtroom door, they would be arrested and taken away.
  
  In that case there, Madam Justice Olah abused her power as a judge because she directly instructed the police to interfere with the law. Police are supposed to be acting on the Criminal Code or under the specific instructions of a court order, not taking instructions from a judge in the backroom of the court. Officers are supposed to get their instructions from the chief of police, not from a judge.
  
  1420
  
  Prior to that incident, Justice Olah did the same thing again at the Newmarket court. She ordered the media out of the court and threatened them with arrest without giving the media even the opportunity to argue their position in the court. They were threatened with arrest if they didn't get out. This abuse of power is clearly the actions of a tyrant.
  
  Just recently, Justice Waldman, at the court at 47 Sheppard Avenue East, after taking two months to render a decision on the matter of allowing a person to record their own court hearing under section 136 of the Courts of Justice Act, refused it. In her endorsement she said that the practice directive of former Chief Justice Howland, which clearly granted citizens the right to record their hearings, was not applicable in her court and neither was the Courts of Justice Act. Justice Waldman came up with her own decisions as to why court recordings should not be allowed, one of them being that if there were even allegations of violence against the parties, this should have a bearing on the decision to allow recordings in the court. There is no basis in law for her findings. They are clearly flawed. They're frivolous. They're an embarrassment to the administration of justice and a blatant waste of our tax dollars.
  
  Another judge in Hamilton, after a lengthy recess to ponder the issue of allowing someone to tape-record their hearing, came back into the court and said that it would be okay for that person to tape-record their hearing, but the judge said they would have to remove the tape from their recording device and place it into the court file. Of course, they can't hear it. It would remain there at the court. It's absolutely silly. It just defeats the whole process of allowing someone to review their notes for the day. Arguing that took about three hours of court time. The next time that party came back to court, the judge changed his mind and said, "Okay, we're going to allow it this time." But the hours that were spent arguing that in court were almost a joke to members of the public who where sitting in the court that day. It was almost a comedy.
  
  Just a few months ago -- and I think it was maybe in March or April of this year -- a high school teacher went to the court in Brampton intending to supplement his notes with a tape recording. He was stopped at the entrance to the court and was threatened with arrest if he attempted to bring the tape recorder into the court. He had a copy of the Courts of Justice Act with him. He showed it to the officers there. He said, "This is the law. You people are supposed to be enforcing the law." The officers' response to this teacher was, "That doesn't apply to us, and if you try to bring it in, we're going to arrest you." Needless to say, he had to walk out to his car and leave his tape recorder there. He went into the court and the judge again refused it, with no explanation.
  
  One mother in Kingston reported that when she took her tape recorder into the court, again, to simply record her court hearing, court staff immediately ran into the back to advise the judge that there was a tape recorder in the room. The judge refused to come into the courtroom as long as the recording device was there. Court staff then seized her personal property from her and took it outside the courtroom. She has reported that ever since that time, whenever she goes to the court, she is now being taken to a special room and she is body-searched. She said that hands go down inside her bra to see if she might be carrying a recording device.
  
  Another strange thing is happening in the courts. Misleading signs are being posted -- many of these are on paper; they're laminated -- telling the citizens of Ontario that it is illegal to bring tape recorders and to tape-record in the court. They're clearly misleading. They give no consideration to the Courts of Justice Act. They are clearly intended to mislead citizens of Ontario into believing they have no rights under the Courts of Justice Act. Who is putting up these signs? Who has provided the instructions to have these court signs go around in various courts? They seem to have the same wording, so someone is putting them out.
  
  This ongoing comedy in our courts is costing the taxpayers hundreds of thousands, if not millions, of dollars per year and is tying up significant court time. We have high-paid judges who in most cases are earning over a quarter of a million dollars per year. They should be making real decisions, not getting into frivolous arguments over the Courts of Justice Act and whether people can supplement their notes with a tape recorder. What is causing the judges and all those who work in the courts to be so defensive about people simply supplementing their notes with a recording device? What are they afraid of? Something smells, and that's what the average person on the street is saying, too.
  
  Moving on to another issue, the tampering with official court transcripts: We've received disturbing information from citizens which would reasonably suggest that official court transcripts are being unlawfully tampered with in some cases. We have people calling us and saying they have obtained transcripts and that some of the words on the transcripts are missing. In the last year, we had at least three lawyers, members of the bar, who called us and indicated the same thing. They believe that transcripts were being altered at the court. In fact, one of the lawyers, a female lawyer, indicated to us that she felt somewhat afraid if she was to question this. She felt afraid for her safety if she was to question this.
  
  Another citizen reported that when he disputed the transcripts and asked to listen to the court reporter's tape -- he was given that opportunity; he was taken to a private room to listen to it -- suddenly he uncovered where the tape had been dubbed. What happened is that there was suddenly a blank in the tape. He reported that there was a blank and suddenly a previously-recorded section of the tape was at the end. There was about a 20-second gap. This only comes about when someone has reduced the length of the tape and they forgot to erase the end. As soon as that became evident, he stood up and said, "What is this?" He was immediately ordered out of the room. The tape machine was turned off. He was kicked out of the room.
  
  We have official letters from court staff admitting that they have lost transcripts; not only the transcripts, but they have lost the audio recordings that go with those transcripts. Some of these citizens have reported that these were critical court records needed for their cases.
  
  Many citizens report that transcripts are being reviewed and approved by judges before they're allowed to get them, and that judges are taking months to get around to reviewing these things. We have cases here where people are taking nine months to get their transcripts. They're getting them, and the people are saying there are things missing out of them, that they're not accurate. The public can see there's something wrong with this area of accountability and transparency.
  
  The next issue I'd like to raise, and it will be the final one I raise here, is interference in peaceful protests by police and court officials with the public at the courts.
  
  On August 25, 2006, Court Watch sponsored an event in Barrie. We called it a public awareness event in which citizens, both young and old, men and women, handed out flyers in the community of Barrie, including the geographical area around the court. We had supporters who stood in front of entrances to the court, over to the side, and simply handed out pieces of paper, 8½ by 11, to inform them of problems with the court. In fact, it was Justice OIah who was the topic of the flyers on that particular day. The judge was targeted because one of the ways we use to bring accountability is to embarrass and to bring forth where there have been injustices.
  
  During this peaceful event, the citizens were harassed by police and court security. The people at the doors were clearly standing over to the side, outside the court, between the parking lot and the entrance to the doors, and approaching strictly members of the public, asking them to take a piece of paper and thanking them. Officers came out. They were saying, "You might be violating bylaws here. You might be facing litter charges." There were always officers coming out, standing and towering over these people as if, "You people are bad people." One lady, who happened to be 70 years of age, who was one of the two or three people who were at the park, had to go to the washroom. She's 70 years old; she simply wanted to go to the washroom. She went to the courtroom doors, and what she was wearing -- supporters of our organization were wearing these T-shirts, which say "Canada Court Watch," and they give our website. A 70-year-old woman was wearing that T-shirt. She was refused entrance into the court to use the public washroom. The officer told her that the people inside the court had determined that she was a member of a gang because more than three people were wearing these T-shirts, and that under the court security act or something like that they were going to be enforcing that and she would not be allowed in, and if she tried to go in again she would be arrested under "gang." So we have a 70-year-old woman being labelled as a gang -- no tattoos, and she's quite a respectable lady.
  
  1430
  
  One family reported that they were sitting in their car after the event -- the event only lasted about three hours -- with their kids. Police officers came up and asked them to identify themselves. They had children in the car and they were being asked to identify themselves. They just gave their first names, and they were heading on to a barbecue down at the beach, so they just kept going. They weren't near the court; they were in their car. Needless to say, about a week ago this couple got a call from the OPP at their home. The only thing they could think of was that the police must have done a licence plate search on their car, found out where they lived, gotten their phone number and contacted them. This is nothing less than harassment, intimidation of citizens of this province who are doing nothing except to exercise their democratic rights to a peaceful protest and try to make the justice system better.
  
  We've got dozens of similar incidents over the years at many courthouses where people were being threatened, intimidated. Another quick example I could give you is that a family may go to Family Court. It's funny: You'll see these court people come out and right away they select who gets to go in the court. We're supposed to have public courtrooms, but you'll see these staffers come out and they'll say, "Is your name on the court documents? If it's not, you can't come in." It could be a mother, a grandmother, uncles, aunts, but they're told they can't come in, only the people in the court, even though it's just a regular Family Court, open to the public. So there are court staff out there knowingly keeping people out.
  
  Again we have to ask, why are judges and court officials creating such resistance to people coming in to see what's going on, to find out, to see what's happening to their friends, their relatives, their children, their mothers, their fathers and their brothers? The answer is very simple: Some of the judges and those in the courts are trying to hide what is going on and what is being said in the courts. They are trying to hide the truth. Members of the public believe that some judges and court officials are knowingly and maliciously obstructing justice. In our opinion and the opinion of many people in Ontario, judges and court officials are breaking the law and getting away with it because nobody has been challenging them up to now. We may be one of the first organizations that are actually doing this. There is growing public distrust of the court system because of the types of actions I described to you today. Those are some of the problems that we've clearly identified.
  
  Our recommendations are: (1) On the Courts of Justice Act we would, as a general principle, like to see the use of recording devices permitted in the courtroom by lawyers, persons representing themselves and members of the media for the purposes of supplementing their notes, and that this be permitted without the approval of the judge. I believe that a similar recommendation was made by the Panel on Justice and the Media to the Attorney General's office. I think it was dated August 25. A committee was struck by the Attorney General and it made the same recommendation. We believe that this measure alone will save the province tens of millions of dollars, because right now perjury is rampant in our courts. We believe that a lot of the shenanigans going on are going to go away if people have another way of verifying what was said in the court, strictly for the purpose of supplementing notes.
  
  The second recommendation is that we would like to see all these misleading signs taken down. They're clearly intended to mislead the citizens of Ontario. If signs have to be placed about recording, then simply tell the truth: Other than what's allowed under law, recording is against the law. That's fine, but at least put a reference sentence in there that says "except where permitted by law." People have requested this of the Attorney General and there's been no response. In fact, one worker with the Attorney General's office wrote a letter back and stated that the independence of the judiciary is the cornerstone of the Canadian justice system. Well, I'm afraid there are a lot of people who would challenge that statement. Judges are supposed to act within the law and protect people's rights under the law, not make their own law under the term "judicial independence."
  
  Even citizens -- if someone has one of those new camera phones; I don't have one -- are being stopped and told they can't bring camera phones into court. Again, it's almost like paranoia. The people of Ontario are assumed to be guilty and are going to commit a crime before they even walk into court. People should be allowed to take their cellphones and stuff in there. There's a law that says that if you use it, you're going to get fined and you are possibly going to go to jail. Most people aren't that stupid. What are you going to do if you have a recording or if you snap a picture with your camera phone? If anybody finds that, you're going to be in jail. We have to assume that the citizens of Ontario are law-abiding people and are going to go into the courts just like I am. I have a cellphone on me. I have no evil purposes with it today.
  
  The other issue we would like to see: We have a recommendation that the judges' reviewing of transcripts be stopped immediately. We don't need people at a salary of over a quarter-million dollars reading over things that aren't supposed to be changed. What's going on? Why are we paying judges a quarter of a million dollars and more to sit back and read papers which the people of Ontario expect are supposed to come out word for word as said? Something isn't right, and the people of Ontario would certainly think that there's something wrong here. This may be one of the reasons why transcripts are taking --
  
  The Chair: Last minute; one minute.
  
  Mr. Beck: Okay, I've almost run out, eh?
  
  Other than that, I'm going to read from a quote from the late Prime Minister John Diefenbaker: "We must vigilantly stand on guard within our own borders for human rights and fundamental freedoms which are our proud heritage ... we cannot take for granted the continuance and maintenance of those rights and freedoms." Members of the committee, I believe that if Prime Minister Diefenbaker were alive today, he would be deeply disappointed by what he sees going on in some of our courts. It's time for the government to get our justice system back on track and ensure that our justice system holds up to the most rigid tests of transparency and accountability.
  
  I thank the committee for the time here today.
  
  The Chair: Thank you very much.
  
  Mr. Kormos: Chair, if I may, this presenter made reference to, "Most people aren't that stupid in terms of their cellphones." We should note that at least once a day one of the members of this committee has a cellphone or BlackBerry ring off or buzz off. 

Tortured

LET'S LOOK AT THIS FOR A MOMENT. MY INTERJECTIONS INTO THIS OFFICER OF THE COURTS REPORT. (blog 48)

From time to time i will interject into Paul's report as to how i was treated.
WRONGFUL PROSECUTION

© 2004 PAUL G. STUCKLE

A CRIMINAL DEFENSE ATTORNEY’S VIEW OF FALSE CHILD SEXUAL ASSAULT ALLEGATIONS

By Paul G. Stuckle

“Our Prisons Are Full of Innocent Persons”

THE SPECIAL NATURE OF SEXUAL ASSAULT

Public hysteria regarding child molestation has changed the rules of the criminal justice system. Child physical and sexual abuse cases must be defended in an entirely different manner than the normal criminal case. In theory the constitutional rights of the defendant are still in place, however in reality those rights do not apply. The truth is: The accused is presumed to be guilty. 

*please review my blog "Canadian constitutional rights"


There is merely an appearance of constitutional rights for the accused in a child abuse case. The judge will still inform the jury that it must presume the defendant to be innocent and require the state to prove guilt beyond a reasonable doubt. However in reality, once a false allegation is made, the defendant must both prove himself innocent and that something “did not happen”.

*Even after being given a "not guilty verdict by way of acquittal", the judge then adds "whereas I found you not guilty, this does not mean that somethings didn't happen, it just means we cannot determine what did happen and the crown was unable to prove it's case". What does this mean? They themselves stopped the trial just five hours into the first day of trial and forced an acquittal after hearing her attempting to state "a confession", quickly shutting her up. Thus his last opinion was just the courts way of distancing itself from culpability.

Our criminal justice system states that if the jury has a “reasonable doubt” then it must find the defendant “not guilty”. This theory simply does not apply to child sexual assault cases. The jury must be convinced they are not letting a child molester off and back into the community. The jury must absolutely believe in the innocence of the defendant. The state does not have to prove guilt, but simply make the accusation. Once the accusation is made, the defendant must prove innocence beyond a reasonable doubt. Failing that, the jury will not take a chance the defendant may be a child molester, and will convict.
How Did We Come to This?

* In my case, I went judge and jury because I simply had no faith in judge alone, after the case going on for so long and judges who should be capable of discernment were failing to do their job. In essence I chose to go in front of a jury because they in fact would become my witnesses to an injustice. However, once the words "I have committed perjury in the past, I've committed perjury today in front of the jury" and dramatically changing her story, including things like whether it even rained that day, then going into a confession. The judge says that "I am no longer comfortable with this in my courtroom and we need to do something, either stay the charges or call a mistrial" The crown herself then says"we aren't staying the charges, at this point anything less then a full acquittal would prove to be further unjust to this man"They then pondered just how to give me an acquittal, they then worried about the jury not all coming to the same conclusion even though they heard all of this themselves. Thus they decided to release the jury, re elect to go judge alone and found me" not guilty by way of acquittal" Yet he feels free to imply that I still did something.....seriously?

The media, legislature and the “child saving industry” has created a national child molestation hysteria. Through their well funded efforts, the general public is convinced a child molester lurks behind every tree, waiting for the golden opportunity to snatch a child. In addition, not satisfied with just terrifying the public, these forces have created a perception that child abuse is rampantly occurring behind the closed doors of our neighbours and friends.

* This hysteria is not only limited to media and legislators but its also been taken on by our children, step child in my case. And it is being used as a way of getting rid of a controlling parent, forbidding certain un healthy choices, etc. And thus my accuser alone has made multiple false allegations of a similar nature as a way of getting themselves out of trouble, or away from a parent that simply will not allow them to do as they want

Many politicians seek and maintain their positions by running campaigns aimed at the voter’s emotional desire to protect children. An effective way to follow this campaign promise is to enact laws that eliminate basic rights of criminal defendants charged with any form of child abuse.

ELIMINATION OF CONSTITUTIONAL RIGHTS

Prosecutors and the child saving industry have convinced the legislature that merely creating hysteria is not enough to insure conviction for those accused. In addition, rights originally created in our constitution to protect the criminal defendants must be eliminated.

All across our nation, state legislatures have supported child advocacy special interest groups. The following illustrates how constitutional rights have been taken away in child sexual assault trials:

* This right was taken away from myself as well. they told me it was because i could "intimidate her or somehow threaten her" This is unbelievable because each and every time up until trial, she was allowed to wait in the lobby by me. During Pre trial when she would get off the stand from lying, she simply walked right by me, so close she could touch me!. And at trial she had a wall up in front of her and the jury and i had to view her testimony via television screen, yet when we braked for lunch, she ate her lunch at the table next to me! About an hour later she started " a confession" Unreal! 

1. No Right to Confront Your Accuser: 

Criminal law codes have been rewritten to where in many cases, the child accuser does not have to appear in court and face the accused. Instead, the state can offer the child’s testimony through a video tape made by agents of the prosecution.
* They actually had attempted this procedure but thank god the judge didn't allow it.

2. “Hearsay Evidence”:

“Hearsay” evidence is when a witness testifies about something they do not personally know, but were told by someone else. Hearsay is considered unreliable and is normally inadmissible as evidence against an accused. In child abuse cases however, hearsay evidence is admitted as evidence of guilt. A so called “outcry” witness can testify as to what a child supposedly said to them regarding the alleged abuse.

*They were actually going to allow police to do this, even after they were found to" not be credible in many various made up statements and many other questionable tactics"

3. “Syndrome Evidence” Is Admissible Against the Accused:

In most states, the prosecution can have an expert witness testify that the child is suffering from “Child Sexual Abuse Accommodation Syndrome”(CSAAS). This psychological “mumble jumble” is an unscientific theory of supposed traits of abused children. The psychologist who came up with this syndrome many years ago has since indicated that this theory is not reliable evidence in a court of law. Prosecutors do not care! This junk science makes its appearance in courtrooms across the country daily.

* My accuser admits to having gone to a psychologist only once and under oath she testifies that the lead investigator told her "you are not allowed to discuss the case at all" Not only is this subverting justice but why else would a young person need to see a psychologist for if not to talk about "a traumatizing event" if it had occurred. It was later reported to myself that there was only one interview because "she was confronted with the inconsistencies of her story and asked if it was a false allegation" This did not sit well with my accuser and she never went back so as not to be found to lying.

With syndrome evidence, the state replaces its lack of real proof with speculation. CSAAS theorizes that because an alleged victim is supposedly demonstrating certain behavioral patterns that he / she must have actually been abused. Unfortunately, a big problem with this and other syndromes is that the character traits offered to show abuse are also common for non-abused children. If the child has been crying, he / she must have been abused. If the child has nightmares, he / she must have been abused. If the child is withdrawn, he /she must have been abused. If the child is outgoing, he /she must have been abused. If the child is happy around the accused, its because the child enjoyed the abuse. The list of factors goes on forever. But to a jury, when an expert witness is connecting typical childhood behavior with indicators of abuse, the testimony is extremely damaging to the falsely accused.

* This is very interesting because they also attempted this. They at one point alleged that i had forced her into making other false allegations over years of time, implying that i was grooming her somehow, or put her in a position to be unbelievable.....seriously. Additionally ,they got her to admit to" being a drug user and regular drinker of alcohol, however whenever and it was all because of what he did to me"Truth is this child was doing all of these things and much more, especially when i was out of town at work. Her school even offered and she readily accepted drug treatment. And these are the things that pissed her off that i wouldn't allow her to do.

4. Convictions Without Physical Evidence:

Our prisons are full of persons who have been convicted of child molestation without any physical evidence ever introduced against them at trial. In other words, the typical evidence in which the state offers to convict a defendant, such as body fluids, blood, semen, hair, DNA, are not introduced at trial to link the accused to a crime.

Medical nurses and employees whose livelihoods depend upon their contracts with child advocacy centers will give opinions that a child was abused. Failure to give the right opinion will mean the contract is not renewed. These opinions from medical “experts” will say the findings are “consistent with” sexual abuse. Of course, “consistent with” is not a true medical diagnosis. This testimony, as demonstrated by a competent defense attorney will reveal the findings given as “consistent with abuse” are just as “inconsistent with abuse”.

* This really burned my ass. I was cleared by DNA just 3 month into this and yet they proceeded. They stated that they had much more DNA but "somehow it fell behind some other evidence in the evidence locker" the judge ordered it to be tested and the results given. Three months later that cleared me as well. Additionally they discussed looking for seamen,pubic hair and yet none of that was found either. I might add that according to her "this had all occurred 10 minutes before the police arrived"Finally, just days before my trial my then attorney actually told me that the RCMP crime lab actually never tested any DNA, that they had refused to because they didn't believe that they would get a viable sample! Are you kidding me you corrupt bastards? I as well as many of my friends are in possession of the DNA reports! How do you deny that?

Instead of physical and medical evidence, the falsely accused are convicted upon theories, inferences, and speculation. Prosecutors secure convictions by manipulating the juries fear of releasing a child molester back into the community. This fear will be combined with hearsay, expert witness “syndrome evidence”, misleading medical testimony, and the biased opinions of child advocacy investigators.
To support this speculation, a biased child protective services caseworker will produce a video taped interview of the child. This biased interviewer will use leading, suggestive, and coached questions to easily obtain an “admission” from a child. Many times the child does not make a statement that abuse occurred, but merely agrees with the adult authority figure who informs the child of the abuse.

* They used so much coaching it wasn't right, at one point just before trial they held a case conference at the local RCMP detachment instead of at the local court house. I was told this by my accusers mothers best friend and in fact she is also my accusers god mother and furthermore the mother of the boy my accuser accused falsely of rape years earlier!

After an outcry, it is easy to find witnesses who can place the accused in circumstances in which he was alone with the alleged victim.

5. Independent Facts Which Lead To An Allegation:

The situations that create false allegations depending upon circumstances, for example:

A. False allegations have been made by mothers who desire to gain the upper hand in a custody battle.
B. Teen age children have alleged abuse to get the disciplinarian father out of the house.
C. School age children will fabricate abuse after observing "Good Touch, Bad Touch" type films at school.
D. Children know more about sex than our society is willing to recognize. They are bombarded with sexual overtones through the movies, magazines and advertisements.
E. Some children make false allegations for attention.
F. Some children make false allegations after hearing about real sexual abuses that have occurred to friends or classmates.

* I'm sure how you see that several apply in my case, if not I'll point them out .A,B,E,F

Summary : Recipe for conviction:

1. “Outcry” from a child, interpreted as abuse;
2. Reporting of the outcry by a person required by law to report any suspicion of child abuse, or someone with a hidden agenda or motive;
3. A biased investigation by employees of the child saving industry;
4. A biased medical report by a “nurse” contracted by the child saving industry;
5. Syndrome evidence from an “expert” witness;
6. Circumstantial evidence of the accused’s opportunity to be alone with the child.
7. Motive or other variables leading to an accusation.

TYPICAL WRONG REACTION BY THE FALSELY ACCUSED

What should you do once an allegation has been made?

"I'm innocent. This is crazy. If I talk to them and explain it will go away." This is the initial feeling of the wrongfully accused. They have done nothing wrong and therefore there should be no adverse consequences. Those in authority will quickly recognize their innocence, the mistake, the overreaction, and it will all go away.

* yup, this was me. I had no idea people would be so stupid as to believe this. Honestly i thought she would confess earlier but they put no pressure on her. I had no way to prove it didn't happen, and all i could do was patiently wait for the DNA results that I knew would clear me and prove her lying. Sadly, when they came back I was simply told "just because the DNA tests clear you ,it doesn't mean it didn't happen"

For the self-proclaimed child savers though, no mistakes are ever made. "Of course the accused will deny it. Who among us would admit to being a child molester? Children do not lie. Adults lie. Molesters lie. You are lying." This is the mind-set of those who will prosecute you. Child protective services caseworkers and prosecutors believe the case is over once the child makes an outcry of abuse and that outcry is subsequently substantiated during the videotaped interview. No other evidence is necessary for them to submit the case to a grand jury. No physical evidence of abuse. No medical evidence of abuse. Nothing.

* they had no fingerprints ,no DNA,no bruising, nothing but her word and yet they went forward. And that word "her words" changed so many times under oath that court sheriffs were able to see through it and cry false complaint and even apologized to me.

Now they may try to get such evidence. However, in their minds a failure to obtain it does not undermine their conviction that abuse has occurred. Hymen still intact? Well the hymen does not have to be broken in order for abuse to occur, or for digital penetration. Lack of semen? Well, of course, this offense occurred over the course of years and the child did not make an outcry immediately after the incident. Lack of substantiating witnesses? No matter, molesters work behind closed doors, in private, when no one else is around to witness. Lack of criminal record for the accused? The accused is a child molester, he is interested in secretly abusing children, not in committing adult crimes. Has the accused pass a polygraph test? Those are not admissible because a savvy adult can manipulate such tests.

*they wouldn't let me take a lie detector test, said it wasn't admissible in Canadian courts. They blocked all her past 11 allegations but a few were talked about at Pre trial but then ruled hushed up. They the RCMP also covered up a pleather of criminal acts committed by her so she wouldn't have a record for trial. And in fact at my Pre trial admits to being arrested, drunk driving, use of drugs and even states under oath " the RCMP know when I'm high and or drunk" she called them on her mother to so they could verify that she was sober when her mother accused her of the opposite!

Rule No. 1: Nothing an accused can say or do will convince a childsaver (Child Protective Service, child advocacy prosecutor, police investigator) that the abuse did not occur. NOTHING!

*How true, not even DNA which takes the human element out of the truth and exposes the truth.

Rule No. 2: Talking to Child Protective Services or the police investigator, or anyone without an attorney present is the single worst thing a wrongfully accused person can do.

* How about being illegally interrogated and tortured to force a confession?

Rule No. 3: In most cases an experienced attorney will not allow you to talk to Child Protective Services or the police or give a statement. The attorney knows whatever you say will be used against you.

The violation of the above three rules by those falsely accused is commonplace. An innocent person believes sanity will intervene at some point, and decides to cooperate fully with the police and Child Protective Services. The accused gives written statements and videotaped statements to CPS and the police. In addition, the accused talk on the phone to detectives and caseworkers. They talk in the investigators offices without knowing whether they are being recorded. They often talk themselves into a corner that is extremely difficult to ever get out of.

*Sanity does not prevail and they attack like religious zealots. 

Unfortunately, Child Protective Services and the police are not interested in conducting a fair and thorough investigation. The accused who walks into the child advocacy center without an experienced attorney to “tell their side of things” or “clear this all up” is doing exactly what the authorities want. The child savers know what they are doing. At this meeting they will obtain real or implied admissions and circumstances presenting opportunity for abuse coming from the accused’s own mouth.

The Child Protective Service investigator will start off by asking questions that appear to be innocuous but are intentional set up questions. The investigator may ask an alleged perpetrator if they have ever given their child a bath or changed a diaper. The accused will answer “Yes” as that is a normal parental function. Then the investigator will move in for the kill. The next questions will focus on other instances in which the alleged perpetrator has touched the genital areas of the child.
For example, the investigator may ask if you have ever touched your child’s bottom or genital area. If the accused says “No”, the next question will be whether you have ever wiped your child’s bottom after changing a diaper. This will be followed by whether you have ever applied medicine or a lotion for diaper rash. After the accused says “Yes”, the investigator will become more aggressive. “Are you now are admitting to touching your child’s genital area?”. The accused, knowing that any contact was done without sexual intent and solely for personal hygiene reasons is confused. The accused may say, “No, not in the manner that you are describing”. The investigator will follow up by saying, “ Are you now denying touching your child’s genital area?” The follow up questions will be to establish opportunity for abuse, such as: “Are you ever alone with your child? Have you given baths while alone with the child? “ Applied medication to your child without any one else around ? What about the date of the allegation, isn’t it true that you were alone with your child at that time?”

The falsely accused now will face an official investigative report which will read like this:

‘Alleged perpetrator at first denied any sexual contact with child, but then after questioning admitted such contact. When this inconsistency was pointed out by the investigator, the perpetrator attempted to limit admission of contact by stating that same was done “only while giving baths and applying medications”. Investigator finds alleged perpetrators answers to be inconsistent, evasive, and untruthful.’

*These people are truly sick in the head, you couldn't fathom the shit spoken to me. If i got upset by listening to their filth then i was deemed violent, i couldn't even raise my voice, or ignore their sick misleading questions as they would then say i was misleading, dodging, or avoiding.... thus telling me i was lying.

A knowledgeable attorney can provide the accused with an appearance of cooperation with authorities without providing evidence against yourself. The investigators cannot twist your words and dictate their interpretation of what you said if you have not talked to them!! The attorney can assist you in making the decision of whether to meet with child protective services or the police. In most situations, the attorney knows that the arrest and charge decision has already been made and that a meeting will not change the forthcoming prosecution.

Finding the Right Criminal

Very few attorneys specialize in fighting false allegations. Many lawyers represent clients with child abuse and child sexual assault charges. These lawyers will handle such cases in addition to a general criminal defense practice. Child Sexual Assault cases are different than the typical criminal charge and must be handled differently!

The falsely accused must have an attorney that does more than mere representation. The attorney must actually defend the falsely accused. Incredibly, many times an attorney will take the case and concern themselves with a disposition that meets with the satisfaction of the prosecution and judge. The prosecutor and judge are the enemy in child abuse cases! 

* I went through several attorney's. The government wouldn't let me work so I had to use legal aid. You want a steak, pay for a steak. but i couldn't work so I got hamburgler, the crook who works and is paid for by the government. Plead deals abounded, i stood my ground and in the end thank no one other then the intervention of God.

Consider the following in hiring the right attorney:
1. Length of Practice and Experience.

A false allegation case can only be defended successfully by an attorney with significant trial experience and specifically with child sexual assault cases. The falsely accused are not in a position to have inexperienced counsel.

Unfortunately, the police, Child Protective Services, and the public will consider you to be guilty. For the falsely accused it is important to act immediately. The falsely accused must prove their innocence! An attorney who does not begin an all out defense at the very beginning is wasting valuable time and compromising your future.

It is a false allegation. This needs to be vocalized and acted upon. The charge is false. The allegations are untrue. Scream it until someone hears. And if your attorney does not hear, then fire him/her and hire someone else.

There is no “home field advantage”in sexual assault cases. Do not shy away from a good attorney who is located in a different county from where you are being charged. Judges do not get re-elected if the public views them as being soft on a child sexual assault charge. It makes no difference how well a local attorney knows the judge, that will not be of any assistance with this type of charge. An “outsider” who does not care about making the judge or prosecutor happy, but just wants to defend you and win is much better than a local name.

Your attorney does not have to be board certified in criminal law. Board certification usually means that the attorney practices criminal law in general. For a child abuse or child sexual assault allegation, the best is an attorney who specializes primarily in those cases to the exclusion of other cases.

2. Reject Plea Bargains.

A false allegation of child sexual assault must be beaten through either a dismissal or an acquittal (not guilty finding) at trial. There is no victory in a plea bargain with these cases. The innocent person's life will be destroyed by pleading guilty. At no time in dealing with a false allegation should there ever be an admission of guilt. A plea bargain may seem an easy way out, but it will ruin the life of the falsely accused forever.

* They would regularly badger me with plead bargains, simple assault, time served.. I stood my ground and for me asking for my rights to a trial I would be threatened with massive jail time and then upon release to be declared a" sex offender for life"

Deferred Adjudication, successfully served will not result in a conviction for the defendant. However, the lack of a formal conviction really is meaningless. Whether the accused receives deferred, straight probation, or is released on parole, he will still have to register as a sex offender. Registration is by nature, public, and will result in the nature of the charges being made known to anyone. Registration results in the loss of employment and the inability to secure future meaningful employment.

Community Supervision for sex offenders also requires sex offender treatment courses. In these courses the offender is required to admit that not only the actual charge is true, but also any additional charges or allegations made in police or Child Protective Service reports are true. It matters not that the charge is exaggerated, untrue, or only partially true. It matters not that the extraneous other charges did not occur. Failure to admit that everything alleged is true will result in a revocation of community supervision and placement in the penitentiary.

The prosecution will tempt the inexperienced defense attorney with offers of deferred adjudication and “treatment” instead of incarceration. Do not fall for this trap. Sex Offender probation has but one goal: to take all of the defendant's money and then revoke him and send him to the penitentiary. The percentage of defendants who successfully make it through community supervision probation without being revoked is small. The reason it is so difficult to complete probation is the rules keep changing. Making community supervision more difficult for sex offenders is a favorite of the legislature. The changes politicians make offer the appearance of fighting child molestation. No lobby group exists for sex offenders and politicians can make community supervision success impossible.

A sexual assault conviction will mean that you will lose your children

3. Prepare a vigorous grand jury defense to avoid prosecution.

If an attorney says to wait and see if your are indicted; walk away immediately; the best time
to get a dismissal is before a formal charge;
Many times the best method of winning a false allegation case is to defeat it before it officially starts. These charges are felonies and before the prosecutor can proceed, they must obtain a grand jury indictment. The grand jury is a screening panel of persons selected from the community to serve a six month term reviewing cases to determine if “probable cause” exists. If the grand jury finds probable cause , they will issue a ‘true bill” of indictment. The case then gets assigned to a trial court for disposition. If the grand jury issues a “no bill”, the case ends. The prosecutor has the right to present a case to another grand jury if one entered a “no bill”, however this is rare, and is usually only invoked in cases which have gathered media attention.

A falsely accused defendant has a golden opportunity to avoid an indictment by preparing evidence for the grand jury to review prior to its decision. The grand jury is controlled by the prosecution, and does not have to accept defensive evidence. It is customary, however, for the prosecutor to provide defensive evidence to the grand jury upon request.

The defense can provide the grand jury with information that might not be admissible at trial, such as polygraph results, character letters, and other forms of hearsay.
The defense can also provide expert witness reports and affidavits explaining the unreliability and tainted evidence obtained by the prosecution. Defendants and defense witnesses can

Here are some common examples of evidence to build a grand jury defense packet:

A. Your Criminal History;
B. Honorable Discharge and Military Records;
C. Education Records;
D. Polygraph Results;
E. Polygraph Report;
F. Psychological and Personality Testing of Client;
G. A Factual Summary of the Defense Version of the Case;
H. Sworn Statements That the Alleged Victim Has Made False Accusations in the Past;
I. Legal Research and Case-law to Show Reason to Not Indict;
J. Good Character Letters;
K. Availability of Defendant and Others to Testify If Requested;
L. Recantations from Alleged Victims When Available;
M. Expert Witness Testimony and Affidavits Regarding the Tainted Evidence Which Comprises the Prosecutors Case;
N. Test Results Showing the Accused Is Not a Child Molester or Pedophile.

 *i would like to address A through N as well
A. I've never been charged, investigated or accused of any such act in the past.
B. Was called to serve, although i never did during the gulf war.
C. I went back to school to become a 4th class power engineer, as well as many other technical classes.
D. They wouldn't allow a polygraph test.
E. One was never done because they say it isn't admissible in Canadian courts and somehow I could manipulate it.
F.I was under the care of court appointed psychiatrist who gave me a clean bill of health and even was willing to testify on my behalf that I was not the sort to do this cruel thing I was charged with.
G.This was never even prepared as far as I know, at least never entertained.
H. I had several sworn statements from my friends past children who were raised and alone with me and they state I never would do such a thing. Additionally, I had several letters of character witnesses that I am a good man, that my accuser is not only nuts but done this several times before and that they would never hesitate to leave me alone with their children.
I. This was all virtually gone undone and un noticed period.
J. Like I said I had several good letters from many people, including my accusers own mother!
K. Once she decided not to attend court. opting out to "get high and drunk" sworn under oath, thus delaying my trial for an additional 7 months! she claimed to have forgotten she had court yet it was only three days later that the judge told her to be there. Additionally,we-knew that she would not be there that day and the government and the RCMP both lied to the judge that they had no idea of her where about and lied again three days later to another judge that issued a warrant for her arrest that it was simply a" scheduling  error, they had forgotten that she had a prior mental health appointment" Later (7 months later) she admits under oath that she was drunk and high, as was her driver and much, much older boyfriend, frantically speeding down highways to get to court.
L. She had recanted to several people, at times when she was drunk and this was never introduced or allowed in court as" hearsay".
M.My psychiatrist was never allowed to testify, they didn't even serve him. No one brought up the DNA and in fact since it cleared me it went missing, as did the crime seen photo's, interview tapes and all of the clothing seized...in fact there wasn't even a single shred of physical evidence left.
N. The rape supposedly took place just 10 minutes before police arriving and yet the DNA from several parts of her body all came back negative, same with my DNA samples. There were no fingerprints on any of her clothes where she suggests that i had ripped off her "belt, undid her zipper, and un done a button" on her jeans! ALL OF THAT IS STEEL. IRREGARDLESS OF THE FACT THAT IT WAS HER AND HER ALONE THAT TURNED OVER A PAIR OF PAJAMAS , STATING THAT SHE WAS WEARING THEM AT THE TIME, THEY WERE SEIZED INTO EVIDENCE.....THERE WAS NO BLACK JEANS! Yet no one could put it together and to cover it up, they simply destroyed the evidence. AND all of what I say is official court transcripts, police reports or court documentation....religious zealots!

If your attorney insists that pursuing a grand jury defense is a waste of time, fire him.
4. Prepare a vigorous defense for trial.

If the grand jury indicts, then the case must be prepared for trial. It is rare for the state to dismiss a case once they have a grand jury indictment.

Selection of the jury is critical for a child abuse or sexual assault case. Potential jurors come into the case with strong emotional feelings regarding any allegation of abuse to a child. Your attorney must overcome the strong emotions the jury panel has against child abuse and focus their attention on being fair and acknowledging that false allegations are made. The jury panel must see that the only thing worse than child abuse is being falsely labeled as a child molester.

In addition, the attorney must educate the jury panel on how false allegations could be made. The panel needs to understand how a child can be coached through leading and suggestive interviewing techniques into making statements about incidents that did not occur.

The attorney must be well skilled in cross examination techniques for the states witnesses. This includes being ready to show deficiencies in the states investigation through a preconceived assumption of guilt shared amongst Child Protective Service workers, police, and so called experts. Cross examination is a skill that can only be obtained through years of trial practice itself.

The attorney must also be prepared to offer strong defensive witnesses. Contrary to many criminal cases, the accused must testify in a child abuse case if the defense wants an acquittal. Until the jury hears it straight from the accused mouth that the abuse did not occur, it will convict.

CONCLUSION

It is hoped that this information will be of help to anyone who is ever facing the tremendous horror of a false accusation. With a good lawyer, and a strong fight, these accusations can be overcome. It is an uphill battle, with many bruises and bleeding along the way. But there is no other way than to fight like hell.

www.paulstuckle.com
paulgstuckle@yahoo.com
Paul’s law office is located in Plano, Texas in the Dallas-Fort Worth Metroplex. He practices throughout the state.

well, there is just some of it and yet there is so much more. For example, my accuser has now accused 11 people of sexual assault and other crimes, yet nothing has ever happened to her legally. Police admit to destroying all the evidence before the trial! By who's authority? and why have they altered transcripts to hide this?. Yet when i as for an audio version of court they say no. Why is the lead investigator been transferred to a northern fly in post? Why is my EX step kid who is now 18 moved to the same town that officer was transferred to when she doesn't know anyone there, come from there? Why is the lead investigator on her facebook?.  Finally, why was no evidence ever talked about in court, why do they still admit to ALL the evidence being gone before trial started? and yet no one does anything. Finally, I'd like people to know under oath the lead investigator admits to not one, not two, but three times where he was brought before the board for investigations into wrongful misconduct, I'll be number four in his six and a half years as a police officer. Nice to know he is still a cop huh? My accuser is now 18 going onto 19 this summer, in total she has made 11 allegations against people, including her own mother and uncle, grandfather and childhood friend as well as her former adult boyfriend and his mother. All of these without any therapy, consequences....what will happen next?
TORTURED