originally posted 9/06/2008
I was living and working in Las Vegas, I had a night time job working as an engineer. My wife and I had a nice home with a large 6′ solid walled in back yard, which was common for the neighborhood since the back end of all the properties bordered a large wash.
I would work in the hot shop all night and get off at 8:00 AM, then head for home and a good cool shower. During the summer months it was not unusual for me to come out of the shower and remain in the buff around the house for some time after. The morning the entire problem started I had finished my shower and my wife was preparing my breakfast, so I filled a dog dish with food, and took it onto my back yard patio for my Doberman which stayed in the yard. That morning, I looked up and saw two little girls standing on the wall of my neighboring back yard,where they could easily see over the wall into my yard. I went back inside my house and thought nothing more of it, but went to bed for my day’s rest.
The afternoon of the following day I was awakened from my sleep by Police Officers who had come to arrest me. It was at this time that I found out what had transpired. One of the little girls had been telling the other kids in school what she had seen, and then one of her teachers heard about it and called the Police. The Police not only interviewed the girl, they led her with suggestive questions. I was to learn later that the little girl I will call (X) had a very poor home life, her mother was a known alcoholic and drug addict living with a boy friend, and had little or no timefor her. Thus with all of the attention (X) found herself an 8 year old star of the show, and queen for a day, more than ready and willing to please her attentive audience.
Now for the other girl that was with (X) on the wall, I will call her (Y) The Police questioned her also, but she told a wholly different, and true account of what happened. So now they had to create a whole new time line to make their charges fit. So the encounter was now to have taken place 2 or 3 weeks before the arrest. It should be noted here that (Y) turned out to be the child of illegal aliens from Mexico, and when all of the Police questioning started, she and her parents vanished off the face of the earth.
Next for a little lesson in factual law, in the State of Nevada you or your Attorney do not have any right to question your accuser when they are a minor. The parents can testify as to anything they claim the minor has said to them, and it is admissible by Nevada law. So much for your right to confront your accuser in a Court of law, and hearsay evidence. I guess that most of you have guessed by now where the alcoholic drug addict mother is coming from, with her it is all about a lifetime of support for her habits when the law suits are settled. Almost any adult with anypast experience with children, could have spent five minutes with (X) and brought out the entire truth. But it became evident during the hearings that everyone from the prosecuting attorney, right on down to the councilors, were doing their best to guard against this ever taking place.
Now I will cover a little of the evidence, both (X) & (Y) were taken to the Hospital the same day from their school to be examined, neither showed any sign of sexual activity. So (X) mother suggest that (X) was assaulted digitally by anal penetration since the test then could not prove otherwise. I was promised by the County attorney that if I could pass a polygraph test, they would dismiss the charges, however after I was given the polygraph test and passed with no problem, when it did not turn out as they had hoped for, then they simply proclaimed it would be inadmissable in Court. So next they had me tested by a Court appointed psychiatrist, who’s report stated that it was his opinion that I had never committed any such act, and that I did not fit the profile.
In the end my bank account being drained by a huge bail bond, and attorney fees over a years time, I was without funds to go any further. So my private Attorney dropped my case and left me with a public defender, my wife disposed of what little we had left to save our credit, and protect us against being sued. Now my attorney let me know that under the Nevada laws, if we went to trial we could not question (X) and (X) could say whatever she wanted without any cross-examination. And that (X) mother could take the stand and testify as to anything (X)supposedly said in her presence. The attorney made it very clear that we had no chance of winning if we went to trial, and that if I lost I would be facing the possibility of two 20 years to life sentences. Or, I could take an Alford Plea, which says that I am not admitting any guilt to the charges, but am unable to defend myself against them. With this I got 3-5 years in 1996 for doing no more than stepping nude into by back yard. This is the American criminal justice system, and how the long arm of the law feeds itself.
Now since I would not admit to any guilt in my case, I was made to complete my total sentence without parole. As soon as I was released from prison, I came to the State of Utah where I have lived nine years trouble free, then one afternoon a year ago a woman Sheriffs Deputy came to my house and arrested me for failure to register. I am now facing a mandatory felony charge of ninety days, and up to five more years in the Utah State prison for failing to register. I have since discovered that the Nevada Department of Public Safety Board of Pardons and Paroles/Probation, has classified me as a lever three offender, requiring me to register for life, furthermore, in the State of Utah, out-of-state offenders are required to comply with all of the SO laws of both States. Thus every six months I am required to renew my driver’s license, and re-register with the local Sheriffs Office, all of this at a cost of $135.00 each time.
As an ordained minister I should not have to mention what this has done to my ministry. It could no longer be considered to be existent.