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October 17, 2007, 4:11 pm PDT
Our Judical System is failing
Your Honor,
One of the most sacred principles in the American Criminal Justice System is the "Presumption of Innocence," holding that a defendant is innocent until proven guilty, and that the prosecution must prove "beyond a reasonable doubt" every element of a crime charged. The criminal justice system rest on this premise, that it is better to release ten guilty people rather than convict one innocent person. The system is very much designed to prevent the government from wrongly taking away a persons liberty.
Yet in today’s society, we are faced with the media telling us about our children being sexually assaulted on an almost daily basis. We, as parents, must do whatever it takes to protect our children! When you read the paper or watch the news, and a child has been molested, the first thing people often think is, "that person is guilty! No trial is needed." The news media seemingly declared Robert guilty upon arrest. The day Robert was found guilty of these charges was another day our judicial system failed!
The jurors, persons from our society, found Robert guilty without looking at the only reliable evidence presented in the case, the medical evidence. The jury told the DA and Mr. Smith, Roberts attorney, that they based their verdicts on the testimony of two girls and did not look at the physical evidence. Yet, this medical evidence clearly shows that Robert did not sexually assault these girls. Furthermore, the two do not show any signs of emotional trauma that is associated with being a victim of sexual abuse at a young age.
How can an unbiased, rational jury do this? A mans life is at stake! Again, the physical evidence is the only reliable, unimpeachable evidence presented in such a case. How can it be ignored when a person is facing life in prison? The medical evidence shows that Robert did not sexually assault these girls. The DA presented pictures of their hymens. These pictures show both girls with intact hymens. I have attached pictures from a Pediatrics and Adolescent Gynecology medical book. Please take a moment and compare the two in the case file with the copy attached. If a grown man penetrates a little girl or a girl at any age, over 100 to 200 or more times in less than a year, as alleged, it would be physically impossible to have a hymen that looks like the ones presented in this case. This alone would prove Robert did not commit these heinous crimes. Sir, in light of such evidence, how could a jury return a verdict of guilty and put Robert in prison?
The physical evidence should be enough, but other statements made by each girl would put doubt in the mind of any reasonable person. When B was cross-examined and asked what time of day it was that Robert would do this, she repeatedly said, "it was daytime." They left for Georgia in April 2002, so between October 2001 and April 2002 it was Daylight Savings Time. Robert was at work until after 5pm.
In addition, B said, "I was told I was raped," not, "I was raped," or a description of what she remembers, but she was told this happened to her. The truth came out when both girls said, "I did not bleed." It was obvious no one said to B that when a six year old is being fully penetrated in the vagina and r over 100 times, that it is inevitable there will be blood. J, too, stated that she was penetrated in the vagina and at times in the r, "every day or every other day" for almost a year, making it as many times as 200 or more being fully penetrated, and she stated that she did not bleed. The mothers of each girl also testified they had no idea anything was wrong, and they never saw any blood on their underwear. The girls never mentioned a word to anyone until one of the children did not want to return to California and the other girl had a bad dream. If this is not enough to put reasonable doubt in a reasonable, unbiased persons mind, let me continue with other facts presented during the trial.
The taped interview played for the jurors during the trial of J and Detective W was suggestive and leading. The first thing she said during the initial interview was, (verbatim) "I don’t think actual sex, like, happened." Detective W ignored the statement, and continued interviewing J. J had nothing spontaneous to say about her experience because it never happened and she did not know what to say. So, Detective W took it upon himself to suggest the positions that occurred, and J only had to say "yes he did that too" and "oh, yeah that was done." She even used a word the detective used first on the tape, the word ‘spooning.’ That was in the first sentence out of her mouth at the preliminary hearing. J said, "We were spooning." Your Honor, I have to ask how many fifteen year olds use the word spooning? Furthermore, as I said, the detective used the word first. This clearly shows how a child can be lead in a testimony, in a court of law, even though sworn to tell the truth. The incident when Robert and J went to pick up the compact discs from the apartment, referred to first in the preliminary hearing she said, "Robert was behind me and inserted his p all the way in." At the trial she said, "Robert was on top of me." All of these small details add up to the conclusion that these events never happened.
Your honor, please, I am begging you, as you have the final say in this case, you are the only one who can correct this verdict. Your decision can correct the injustice that has happened to an innocent man. Robert is not capable of harming anyone, especially a child! If you take a little time sir, and talk to Robert, you will know he is a caring and loving person who could not do such a heinous crime. Sending Robert to prison is wrong. Your Honor, if this were a person close to you in the same position Robert is in, would you look at the case differently?
Were the things presented to the jury proof ‘beyond a reasonable doubt’ of a mans condemnation? Sir, you have the final decision and Robert’s life; it is in your hands. I am begging you to overturn the jury’s verdicts. It may not make you the most popular judge in the public’s view, but it will make you the fairest and most honest judge in San Diego County. Thank you for your time spent specifically for Roberts’ case.
On behalf of the Family,
Respectfully,
Stephanie
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You've read the headlines, now watch the story about a crime so heinous some would rather see the suspect dead than in jail. The manhunt for the nation's most wanted alleged pedophile ended last night as fugitive Chester Stiles, accused in the videotaped molestation of a three-year-old girl, was arrested outside Las Vegas. Stiles had been wanted since October 5 on warrants issued for 21 felony charges in connection with acts seen on the videotape. Could you spot a child predator? Is your family at risk? Be there when Dr. Phil tells you the warning signs to watch for -- you'll be shocked! Plus, the reported victim's mother breaks her silence in an exclusive interview with Dr. Phil. Then, hear what Stiles' ex-girlfriend's son has to say, and what the victim remembers about the attack. If it's happening now, Dr. Phil is going to deal with it now! Don't miss this breaking news Dr. Phil Now. Join the discussion.
