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  #1  
Old 02-03-2006, 12:36 AM
Gabby52 Gabby52 is offline
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Default Conviction Overturned

Finaly after waiting on the appeal opinion for two years, my son's conviction was overturned. Supposedly will have him home in the next few days. I don't belive they will work that fast, but you never know. I am just so thrilled things have finaly started turning for the good after the two years of grief before the bogus trial and the two years of more grief and pain of having an innocent son incarcerated. It is going to be a hard road to get his life back but he will always have us to stand with him, if nothing else, I know he truely understands that now.
Anybody know how quickly they get them home, once a conviction has been overturned? Oh yeah they will be expunging this from his record too.
Of course there isn't even a I am sorry, we screwed up, forgive us for ruining you and your family's lives, but at this point I am just grateful somebody stood up and said this is wrong, make it right.
I had truely lost all faith in the system to do the right thing, and right now, I can hardly contain my excitment and joy of knowing in a matter of days, I will be taking my first born home, away from that long lived nightmare.
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Old 02-03-2006, 12:38 AM
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Wow, that is fantastic!
I am so pleased for you, your son and your family.
With all good wishes for the future!

Rach xx
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Old 02-03-2006, 01:38 AM
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Congratulations!!! I hope more get this kind of relief! Somoeone has to open their eyes and stand up for justice instead of careers of the DA's/prosecutors/judges and money from the slave labor and politics of Texas prisons. Hooray for you and your son!!!!!!! Justice was served finally! Can you give a little history about what happened and why your son should not have been convicted, I am interested. My wife was unjustly prosecuted for the murder of her own father and is serving a 25 years sentence for something she had nothing at all to do with.
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Old 02-03-2006, 05:51 AM
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Gabby, this is wonderful news! tell us more about your sons case. Two years for an appeal..wow, that is a long time to serve for something he did not do. You did Good and God has been watching over him. Don't worry about him adjusting after he gets home. He will be just fine once he is with his loving family. I wish we all had stories as this to tell. We are so happy for you!! Jeannie
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Old 02-03-2006, 05:51 AM
haswtch haswtch is offline
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YAY!!! I love hearing this!
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Old 02-03-2006, 07:02 AM
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GREAT NEWS!!! Finally, someone did the right thing!!

As for having it expunged, I doubt they will do that for you. You will probably have to hire an attorney. I was arrested for something bogus and the case was dismissed and I wanted the arrest expunged (I know this in NOTHING close to what you guys are dealing with) and was told that it costs about 1500.00 to notify the NCIC, FBI and all the other records that information has been sent to.

I hope to see you on the news one day picking up a LARGE check for restitution--heck, they like to tap us for every nickel that we have, and every quater that we don't have when we mess up!! Why shouldn't they have to pay for their mistakes just the same.
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Old 02-03-2006, 07:37 AM
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Congrats to yall!!! I'm very excited for you!!
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Old 02-03-2006, 07:51 AM
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That Is So Cool Best Wisheeees To You And Your Family
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Old 02-03-2006, 08:29 AM
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This is fantastic!!!!
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Old 02-03-2006, 01:33 PM
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Default Conviction overturned

Congrats on a Dream Come True.
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Old 02-03-2006, 08:53 PM
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many congratulations!!!
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Old 02-03-2006, 09:23 PM
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Wonderful news!
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Old 02-06-2006, 10:34 AM
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Ok, I will give a basic over view of my son's case. Bare with me because the anger over this is beyond words.
About four years ago, my son's ten yr old daughter, who has severe add and opositional defiance behavior, has been in therapy for this since the age of three, and on several medications, got angry at her father one night for sending her to her room and then not letting her have her dinner. The child had thrown her ten month old baby sister off the couch across the room, because she was mad at something, (the child is always angry). Her father sent her to her room, they were putting super on the table at the time, once every one was seated, the child left her room and informed them she WAS going to eat her dinner, and pinched her other little sister. Her father told her, not you will stay in your room, you are not eating dinner tonight now. She decided to teach him a lesson. Now this child had a neighbor when she was younger, that the child her age then, had supposedly been molested by her father, and the father was not living with the,. He was not in prison either. Our child thought to have her Dad sent out of the house for a few days to teach him, he could not tell her what to do. So she went to the counsler the next day, and told them she was mad at her father, he hit her to hard and it hurt, and he messed with her. The counsler assumed she meant in a sexual way, the child did not give any incident saying so. The counsler made an out cry to CPS, and the child was brought down to CPS frightened that she was caught in a lie, she agreed to everything that was suggested by cps that her did to her. A police officer came to the school, a large male and asked her what had happened, she said she didn't want to talk to him, he told her, you are not leaving this room untill you do and more. She was afraid and embarrased so agreed to what he said the Cps said. A couple weeks later, she admitted she lied. She called the police man, told him she lied and that she was afraid of him. She Told her therapist she lied, she told anybody she crossed she lied. She wrote the DA twice, and they pretended they never got her letters. On the stand she told them she lied and why, and how she was frightened and embarrased. That she was mad at her dad and had only wanted a break from him. He was convicted, ten yrs incarceration, ten yrs probation. She wrote the DA, she wrote the judge, she wrote the govener. NO one even let her know they read her letter. She is fourteen now and is carring the quilt of destorying her family, breaking the hearts of her siblings her mother, and grandparents, and destorying the life of her father. The appeal wasn't file untill five months later due to waiting on the transcripts from the court clerk, then then four months later the appeal was heard, and two years later, they tell us all charges have been reversed and he is free to go. Oh I forgot to mention, the DA wanted to really stick it to him to they made up 8 dates to charge him with and none of them had a specific insident to back the charge up, and they gave no proof of how they came up with the dates. The arresting officer, said he was guilty because a ten yr old does not lie about something like this, they don't have the knowledge of these things. Her interview had gone something like this, " did your father ever touch you between your legs?" The child hand covering face, gives a barely noticeable nod, and so on. At the trial they used the CPS and police officer to impeach the child, they were suppose to be defending, which they are not suppose to do. The judge let the DA do what ever he wanted.
Anyway our fours years of hell is not over yet, but we see daylight and things turning our way, the most importantant he will be out of the institutions. 6 of the 8 charges were completly reversed including the one he is incarcerated for. Two of the charges he would do probation for were given mandatory reversal, meaning the DA has the option to retry for those two charges or drop the charges. So I imagine they will mess with him for sometime before they end this. I know they will try to make him think they are going to retry this, to get him to take a plea, so he won't be able to sue the pants of them. He didn't take the plea in the begining because he was innocent and won't take it now because he is still innocent. We have a new lawyer, that used to work for this county DA office, the state of Texas has come to him a few times to try cases for them, he has a good relationship with the county judges and DA members so we hope things will go better this time around.
Of my son lost his four bedroom home, his two cars, his kids, and wife, a hundred thousand dollar a year job, and everything else including his sox. But whos counting, sigh!
The Child is now in high school, taking karate, involed in school activities, and every activite the unitarian church they are a member of now, provides.
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  #14  
Old 02-06-2006, 02:53 PM
haswtch haswtch is offline
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WOW that's some story!
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  #15  
Old 02-07-2006, 06:34 PM
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It makes me sick, Texas is the butt hole of the world as far as true justice and what it means. My wifes story is not as bad, but close. she's in for murdering her father, she was set up by her step mom, whom he was going to leave and he told her so. She kills him and blames his daughter. They both were convicted and sentenced to 25 years. She broke the case and was milked for all the evidence she knew of, all along she was asking if she needed an attorney, they all said no, you're doing the right thing, then when they got all they wanted, the charged her also. Took three days to convict her, but only minutes to convict the step mom. She had a public pretender for counsel, his first criminal case too! Michael George and Douglas Mann may you rot in HELL!!!! Free Evie!!!
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