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October 17, 2007, 8:11 pm PDT
To the family, do you really KNOW he's innocent?
Quote From: snew2000
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 todays 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 dont 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 Roberts life; it is in your hands. I am begging you to overturn the jurys verdicts. It may not make you the most popular judge in the publics 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
You have certainly presented the other side of the situation well. I do not know the case at all so I'm in no position to make any judgment. All I can say is I know you truly believe and support the accused. Some times people who are too close to the situation have clouded vision and can only interpret the information from one perspective. You may be right and you may be wrong.
I am a detective who investigates sexual assault cases. I can not tell you how many times I have had proof that the accused did violate the law , did a search warrant, executed the search and found more evidence, and STILL had friends and/ or family telling me they "KNEW" this person and there is no way he did what you are saying he did.
In one of my cases the accused was a pediatric nurse practitioner, an active member of the local Democratic party, a practicing Jew, an active Army Reserves commander, and appeared to be an outstanding citizen who lived in an affluent area. A Psychiatrist (a mandated reporter) filed a report stating a 13 year old male reported he was sexually assaulted by this aforementioned man. I spoke to the mother (a widow) and the boy and was told that this man befriended this boy over a 2 year period and everything the boy reported fit the pedophile profile.
At age 11 the boy was referred to this nurse practitioner by the insurance company to be his primary care provider when he had Lyme disease so bad he was confined to a wheelchair. Shortly after that his father died of cancer. The mother was from another country and only knew her in-laws here so they moved in with them. She went out to work and eventually was able to afford a place of her own. The accused offered to be a male role model for the boy and the stressed mother gladly accepted the offer from this man to take her son out and do father son activities with him. He gradually approached the boy sexually and started with just appropriate touches. He spoke to the boy about maturing and had a sex talk with him. He then showed him a movie, under the disguise of it being educational. He talked about heterosexual, bisexual, and homosexual relationships. He talked about feeling and what outlets there were for releasing sexual tension. One thing led to another and he ended up having the boy spending weekends with him. He treated the boy very well, gave him gifts and money and showed him a good time. He'd tell him that their discussions and what they did were between men and said he probably shouldn't tell his mother or she might not let them spend as much time together. He never told because the accused made what he was doing with the boy seem to be "normal" sexual exploration for a 13 year old boy. The boy liked the man. The mother was then diagnosed with cancer and her doctor told her to put her affairs in order because she did not have long to live. She asked the accused to be his guardian. It was after this she started noticing that her son was being called excessively by this man and the man was pushing her to hurry up and get the papers in order. She questioned her son on numerous occasions about what the man and he were doing but he never disclosed their intimate contacts. The mother said she just had a mother's intuition and knew something was wrong. One day she asked the boy if the man was in love with him and the boy's response was "I think so." She took him to the doctor where he disclosed the sexual abuse.
On the boy's statement a search warrant for the man's home and an arrest warrant for the man were signed and executed. The man's computer was seized and turned over to the FBI for possible pornography involving juveniles. A locked foot locker was seized and contained porno, NAMBLA (Ntl. Assoc. of Man Boy Love Assn.) magazines, copies of sexual assault statutes, sex toys, and paperwork and newspaper articles from 4 other incidents where he was accused of sexually assaulting boys in 3 other states. One ended in a hung jury, one sued him instead of taking it to a criminal court, one took a deal (cash settlement) and didn't press charges. The FBI prosecuted him on federal charges first and he took a plea bargain and got a mandatory 10 years in jail without parole. The state prosecuted and again a plea bargain was accepted and he got 20 years to run concurrently with his other time. This means he got 10 years and an additional 10 years but is eligible for parole in the last 10 years. My experience is that he will probably get out, with "good time" in 12-15 years. Of course he will be a registered sex offender but it still seems like a slap on the hand for what he did. I took it upon myself to find out what states he had licenses to practice as a nurse practitioner and then went about getting the information out that would lead to his licenses being revoked. He had 3 licenses all have been revoked. His life as he once knew it is over. He won't have a profession to work at, he will be in his 60's before he gets out of jail, and....once he does get out the Army can court martial him.
The physician he worked directly with, his Rabbi, and his family all said he was innocent and didn't do these terrible things. I believe justice was done.
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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.
