The Long Reach of Unjust Plea Bargains!

originally posted 3/13/2010
I’m a registered Sex Offender. In, 1995 I was charged with Criminal Deviate Conduct , Confinement, Sexual Battery

Criminal Deviate Conduct:to-wit inserted his finger in her vagina when victom was compelled by Force or the imminent threat of force in
Violation of I.C. 35-42-4-2

9 months later: �Deposition come forward in the case
5 people were involved in this case 3 females and 2 males �all over the age of 17 the victim in this case was 19 years old

In the victim’s deposition, she admitted that it didn’t happen. Her story from the first night’s report and 9 month report were inconsistent with
each other.

So the charge was dropped! But I was railroaded.

The Case was still going to Trial . The Public Defender in my Case said I had no chance of winning this trial and that if I would take this to trail I
would be found Guilty and sentenced to the Max of 20 years in Prison. I was scared to death. I argued with him and said that the victom said
that it didn’t happen – what else do you need if she lied about this, she lied about everything! It did not happen Case closed, send me home!

My Public Defender wanted me to take a Plea Bargin, so that they will amend the charge to Sexual Battery but i would have to plead guilty of
touching her breast. �He told me if i did this it would be time served and 1 year probation and i can go on with my life! His words were “No one,
is going to ever know about this where you live!” � I argued with him and asked him if he wanted me to lie under oath that i commited this
crime.

It came down to the day of trial. �There were 5 people in the Court room plus myself: �Judge, the State, my Public Defender , the Woman that
was recording and 1 sheriff that Has gotten to know me a little in the last 9 month

I pleaded Guilty to Sexual Battery ! So I admited that i put my arm around the victim’s chest as i was lying next to her in bed and placed my hand
on her breast (she was wearing a sweat shirt)!

The judge stopped the recording and said Mr (my name) you can’t say it that way you have to say it this way!

For the Courts,I had to admit that I placed my hand under her sweater and was touching her breast! or he would not accept my plea.

So I did! And for that im going to hell for lying.

When it came down to sentencing the Judge was looking at the case and said to the state is this true that the victim said that it didn’t happen
and the state replied, Yes Sir . The Judge said – this changes everything! I started to get happy!

But the judge continued, Mr (my name) I will be sentencing you today to the Max sentence I can by law for your Crime that you have commited.
�It will be 3 years in Prison and 3 years of Probation.

So I left the Court room , confuased not understanding what just happened to me! As the Sheriff was taking me back to the cell block he said,
that’s not what you Public Defender promised you and I said, “I know, What can I do?

So I did my time and when i was being released they told me that i might have to Register in the state I live in. I asked, What do you mean? He
said go to the Sheriff’s office and give him your address.
So I was glad to go home and i went to my PO office and they told me to go down to the sheriff’s office and register and i did. �they took a
polaroid Picture of me and i gave them my info.

Throughout the 15 years I have been registering, I have seen the lawss change. � at first I was registering every year. then I had to start
registering where I worked. �Then came the law that banned me from living near schools. �I had to move several times. And it just goes on
and on and every year it just get’s worse � On my 10th year I was going to be released. �I was going to be Free of this mess and get on with
my life.. �Well that is what I was told so that was my Goal till the AWA Law came into affect and they classed me as a Tier III for Life. Now every
90 days I have to Register.

I can’t change the past. �I wish I could. I would rather have gone to trial and face �20 years, than go thru what I have been thru.
The funny part -sad but true – is, �when AWA came out and i filed an appeal on it they told me that according to Megans Law I didn’t have to
register all these years, but with the new law now I do!

I have been Married since 1999 and have 3 Step sonss that I have raised and my oldest son has 3 children. �My grandkids will one day ask
me about all this and I will tell them. �But I’m scared to death that the kids in their class rooms are going to find out and judge them for all this.
�That’s not fair for them and I hope in their hearts they will still love me.

I understand what the Law is trying to do!
a Rapist is a Rapist, a Child Molester is a Child Molester
and so on. �But why are they putting everyone in the same class?

 

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