originally posted 2/22/2009
I am a friend of a retired military Vietnam veteran. During the 90’s he was wrongfully accused of rape and spent nearly 3 years in prison before the “victim” came forward and confessed that she had lied about her allegations. During his trial he was “helped” by another individual in the military who was found committing adultery and sent to prison himself. After he was exonerated of the rape charge, he went to visit the other individual at his home in Florida. While he was visiting, two young daughters of the other man found a vibrating massager (the large kind) in his van and asked what it was. He explained what it was and demonstrated. The wife was not happy at this and took both children to a counselor for evaluation. Nothing was found at that point in time and he went on for the next 8 years living, working, travelling (locally, out of state & abroad multiple times) and abiding all laws in the same state.
In August 2008, he was arrested in California stemming from a 2000 charge against him for 2 counts of lewd & lascivious behavior with a minor under 12. He was further accused of being a fugitive living in Mexico. The charge was from the wife. She and the grandmother of the children had taken his personal information from his previous military rape charge and given it to the police. The police had also been given his personal information such as social security, address of his lawyers etc. but never even looked for him (per depositions). He has been living in Florida, has registered to vote, received his license in Florida, renewed his passport, bought a house, filed taxes EVERYTHING for years, which could have been found by authorities easily. He has been languishing in prison since his arrest. The prosecutor has used underhanded tactics including using confidential phone calls with his attorneys as state evidence. A motion to dismiss the case (based on a similar case which went all the way to supreme court) was denied by the judge which gives his lawyers a very good chance to appeal. The state attorney has flat out mentioned that he is nervous of going to appellate State Attorney has offered a deal of him pleading guilty to one count of lewd behavior and registering and parole for 3 years. I am a former victim. I do not believe he is being given justice. The girl in question and her sister have both testified that nothing has happened. They have constantly used the previous false allegation of rape against him even though he was cleared of that charge.
He is facing a decision of whether to appeal and if denied appeal, then maybe spending his life in jail. Or, he can take the plea and be scarred for the rest of his life and have no life. I have been taking care of his financial and personal matters for him. I need help and support. I am looking for individuals, counselors attorneys, anyone… who can help or offer advice and / or support.
I know there are others out there who have been “hoodwinked’ by the system. I need to know their stories & experience. Please help.