Normal Topic My experience... (Read 2535 times)
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My experience...
Mar 8th, 2006 at 6:30pm
Mark & QuoteQuote Print Post  
Thank you for taking the time to read this.

In June of 2003, my stepdaughter and her friend came forward with allegations of me sexually abusing them.  My stepdaughter who is now 13 said that I had sexual intercourse with her, and after she went to the doctor for an exam CPS interviewed her and her story changed to me "fondling" her.  The doctor said that her hymen was intact and there were no signs of sexual abuse.  She then started seeing a therapist and recanted her allegation, stating that she and her friends made it up because I had fired their baby sitter.  She went to the DA and deny any kind of abuse or sexual advances by me, but the DA decided to pursue the case because children recant all the time because of loved ones.  Yes,  I can't lie and tell you that doesn't make me mad,  but as a father I totally understand.  Anyways, 2 years before this there was an incident where I spanked my middle daughter and left bruises on her bottom.  That case was "no-billed" by a grand jury because basically, my intentions were not malicious.  The DA offered me and my attorney a plea bargain on the above allegations, making note that she would reintroduce the spanking incident to another grand jury and prosecute it if I did not accept the deal.

Basically the deal is this:  I would plea "No Contest" to aggravated assault against my stepdaughter and get 10 years probation with sex offender conditions, although I do not have to register as a sex offender.  My attorney advised me that taking the deal was a good idea, so of course I signed off on it.  It has now been a year and I have not been reunited with my family because one of the conditions of probation is for me and my wife to take a chaperone course and one of the conditions of successfully completing the chaperone course is for me to admit my guilt and show improvements on not re-offending.

Now, my polygraphy experience.

I haven't seen my stepdaughter since 2003, my x-wife has refused me my rights to see my 2 oldest for the same time because she now thinks I am a child molester, and I havent seen my 2 youngest in the year since I took the plea bargain because I can not get my wife approved for the chaperone program because I am not making progress towards my so called "offense".  My first polygraph was very standard.  I went in to the room with a polygrapher and we talked about the cases.  He said he went over the line of questioning with the therapist and we developed some questions.  The first test included questioning about me having sexual contact and exposing my self to my step daughter.  The test was ruled inconclusive leaning toward the passing side.  He said a number system was used to obtain a score and that I had scored a +4 and that +6 was needed to rule no deception.  He told the judge that I had some outside issues that could affect my testing.  So I went to more therapy and took another polygraph.  The 2nd polygraph was by another polygrapher and done in similar manner as the first one and he ruled it no deception.  However the DA presented the polygraph at a hearing as incloclusive because the polygrpaher's questioning was not accurate with a time frame.  He worded the questions "Since 2003 have you ever blah, blah, blah?"  So another test was ordered by the judge.  I show up to take another test some time later and find out that I am to be given 2 tests back to back plus a small one because has "concerns of my state of mind".  The first test was simple enough:  write a number in the middle of paper and he put numbers on top and below it and told me to answer NO to all his questions.  The first major test was about me and my stepdaughter and he ruled it no deception, but told me that I needed to focus less on my breathing and said that I was trying to control it.  The 2nd test was a disaster.  He told me I failed miserably and that I failed the questions regarding me "asking a minor to touch my penis in 1998".  My stepdaughter's friend had said that in 1998 while she was 4 that I forced her to touch my penis.  However in 1998, I did not live in the house where the allegations were to have happened.  In fact my wife was not even divorced from her x-husband at that time, which made it impossible for me to even know the girls.  In 1998 I was living with an 18 year old girl who was minor in the since that she could not buy alcohol, but my attorney said that would not help and that things don't look good for me at all for ever getting home. So really, I don't know how I failed so bad.  I feel like I was set up to fail but I am not sure how to approach this.  I will note that on every polygraph I was given, with the exception of the number one, that  I was given a question like "Are you afraid that I am going to ask you about something that we haven't discussed earlier?" and on the last test there were questions he said he was going to ask me but never did(on all other tests, all questions we discussed were asked about).  I am stuck in a bad place now.  They think I am guilty of this and since I won't admit my guilt they won't let me be with my family. Some times I think it almost would have been better to admit to something I didn't do to get home faster.
Somewhere out there a REGISTERED Sex offender is living with his family and because I failed 1 out 5 polygraphs, I won't have that privelage.

Well thanks for the time...
Stay away from Texas.
  
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Re: My experience...
Reply #1 - Mar 8th, 2006 at 7:46pm
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With the evidense on your side, your lawyer convinced you to plead???. I won't print the words to describe him.

You should talk to another lawyer about filing an appeal of "ineffective assistance of counsel" and open this up again. You should have your day in court. And the deal rigging DA should be held accountable for her horrible actions.
  
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Re: My experience...
Reply #2 - Mar 10th, 2006 at 7:58am
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Just an observation, and I've yet to do a polygraph, although I'll need to someday soon...

Wouldn't a professional interogator asking any question about a child touching your penis make you a tad uncomfortable and show "lying signs"?  I won't have to go through that, but I know I wouldn't feel comfortable with that kind of a question and the images it conjures.
  
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