Normal Topic Guilty until proven innocent. (Read 18039 times)
Paste Member Name in Quick Reply Box Gesellschaft
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Guilty until proven innocent.
Oct 5th, 2005 at 5:07am
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I could write a novel :/ and oh man do I wish we'd read up on this before hand:
Long story short.. I fell in love with a woman I met when we both lived in CA, very independent, she moved back to her home state IN.. working a thankless job for years, being exceptionaly thrifty to pay her own bills live on her own working on paying off her college loan.. I took a fateful flight for a visit .. one turned into a 14 month relocation after which I made IN my home, our home.  Both of us beaming with life she applied for and got a better job with benefits and higher pay, working at a University.  Of course, being together her cost of living was cut quite litteraly in half since we split bills though she was doing just fine on her own.  We were discussing wether to buy another vehicle, or home theater projector and cam corder etc.. planning a vacation to the Isle of Skye to visit a friend etc.. life was really great for us.. for about 7 months.  Where she worked a $1,100 deposit was reported missing.. the deposit was from a shift that she worked with two others.. and she was the only one of them that did not handle the money at any time.  The person who made the drop said he didn't take it, and we believe him.  ..must have been one of the only 3 cashiers that happen to be the only people with access to the safe right?  time passed, another deposit from another place seporate from where she worked was short.. others who'd been there reported deposits were missing before as well (before she worked there, there, and from other places who deposited to the same safe drop slot).  Durring the investigation the detective placed special interest in questioning my g/f over the missing 1,100$ deposit.. irregardless of the fact she was the only person who at no time had any opportunity or access to the deposit.  Months passed.  Recently she was working a shift and was the only person present.  There was a single cash transaction consisting of 4 one hundred dollar bills which at the end of the shift she sealed in a drop bag, and deposited in the safe drop slot.  The next morning a cashier called in that one of the one hundred dollar bills was missing.  Again she was singled out for questioning though at least this time it made a little sense, but they didn't stop at that.  The detective requested she take a lie detector test and being innocent she complied.  Little did she know that 2 hours into it she would be in an interrigation room without an attorney present, not allowed to make a call, not allowed to leave, much less get a word out requesting any such thing as the detective pretending to care talked over her every word saying she failed the polygraph and was lying, that she took the hundred dollars and she had to give a statement before she could leave.. yet every time she said she didn't do it he spoke right over her saying not to lie, he held back a pen and paper for writing the statement and wouldn't give it to her.. this went on and on and on for an hour.. she was broken down into teers, she couldn't believe what was happening to her.. one moment life is grand and the next she's for the first time in her life being accused of a crime and being consoled, lied to, abashed, and degraded by a detective.  She couldn't take it any longer.  One of the things he kept repeating to her is "it happens all the time, you didn't know what you were thinking, you were between paychecks and needed to "borrow" money for groceries and there it was, you were going to replace it thinking nobody would notice" another was "you're lying, either way you lost your job and if you don't give me your statement (the one he wanted) then things will be far worse for you, I could have you in jail right now but since your a nice person I've decided you won't try and run" Finally she broke down and succumb to coersion.. she said fine "I don't know what I was thinking, I was between paychecks and needed money to buy some groceries so I borrowed the hundred dollars" THEN he said good and handed her the paper and pen and told her to write down what she told her (verbatim the words he'd told her to write) then voice recorded her reading them.

I WANTED TO BE FURIOUS  how could she give in, how could she succumb.. but I know better, I know everyone has their limits.. had a gun been put to my head I'd have admitted to assassinating Lincoln.. immediately I was instead furious that she could be subjected to such cruel emotional torture.. I'm from San Jose, I grew up with police harassment as well as being on good terms with officers worthy of their badge.. she has never had to deal with law enforcement, she always saw them as the ones who deal with criminals knowing she wasn't one.. then she became the victim.. here's someone in a position of power playing daddy to her getting the kind of respect many officers feel they inheritly deserve without feeling the need to earn it .. well she was the model person for filling that niche.. ..and now one single detective has given her a new sense.. a sense of fear instead of respect.. "what will they make up next?  It doesn't matter what I say, they'll do and believe what they want any ways until they get their way".
She FINALLY found an attorney who isn't affiliated with the University, or doesn't flatly refuse to take any case that would be against the holy University, and he advised that even though the only evidence against her is the coerced confession proving it in court would be very difficult and in the likely event she should fail to prove her innocence somehow she would get a felony charge on her record, whereas since she has no record and there is no further evidence (other than circumstatial that exclusively with the case of a mere 100$ bill she had access to it prior to the drop) he was fairly certain he could have the judge give her a misdemenor (far better than a felony).  This all of course it in the event they actually press charges, apparently they have 5 months to sit on their thumbs to decide wether to do more than her already terminated job.
None of this makes sense to me.. it's better to stick with the lie and say she did it and take a misdemenor charge than it is to stand up for what is right, how can it become a felony?  I keep researching.. unfortunately an attorney costs too much to fill in the blanks by hour and I'm holding onto the only $15,000 savings I have just in case we decide to fight it in court.
I can't even find out what I can and can't do in regards to publishing in a public paper about the crimes and offering up a $1,500 cash reward out of my own pocket for information leading to the conviction of the person who took the deposits or $5,000 if the evidence leads to the conviction of the detective for his involvement or cover-up of the person(s) responsible. (I added that last part since either there are a great many individuals pilfering deposits, or one or all of the only 3 cashiers with access to the safe are.. and to me it seems obvious the odds are in favor of one or the few, instead of the masses being thieves.. the only common denominator in every single case is that money is missing when the select few with access to the safe say it's missing).
Of course she immediately found another job, but she took up cigarette smoking to calm her nerves.   
OUR WHOLE LIVES ARE ON HOLD
We no longer considder the new car, or projector, or vacation.. all we can do is sit on OUR thumbs waiting for that call or knock on the door from the university police and all because of the LIE OF THE LIE DETECTOR.

I'm sorry if this came out confusingly, it's still fresh and gets on my nerves.. it's an unfinished gestalt I can't beat with a sledgehammer.. where's our liberty and justice?
« Last Edit: Oct 5th, 2005 at 5:23am by Gesellschaft »  
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Paste Member Name in Quick Reply Box George W. Maschke
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Re: Guilty until proven innocent.
Reply #1 - Oct 5th, 2005 at 7:44am
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Gesellschaft,

If the polygraph interrogation occurred as you have related it, then your girlfriend's confession was clearly coerced, and should be ruled inadmissible.

The detective had a voice recorder on hand to record the confession. Did he record the entire polygraph examination/interrogation? A recording would dispel doubt regarding whether the confession was freely made. If the detective did not record the interrogation, but only brought out the recorder for the confession, this raises questions about why the detective chose not to record everything. What was he hiding? He alone had the means of creating an objective record of the interrogation that could be independently reviewed. If he chose not to do so, this raises serious doubt about his motives for not recording.

Polygraph-induced confessions have been successfully challenged. In a recent Iowa case, the confession of a day care worker accused of sexually abusing a 3-year-old girl was ruled inadmissible because it was coerced.

You'll also want to have the polygraph results independently reviewed. It's possible that the "test" was improperly administered (not that polygraphy has any validity to begin with, but there are some generally accepted standards of practice in the polygraph community) or even rigged. It's also possible that your girlfriend actually "passed" but was told that she "failed" in hopes of getting a confession.

Please check your private messages for additional information.
  

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