This is a case that I believe is going to really grab someone's attention. Okay, from the top. I have a friend that I am doing this for. He cannot write this himself because of specail condition "X" that has been put on his parole.  He has never been convicted of a sexual crime.  But, this is what happened.... My friend, had gone to prison for several DWI's.  Over a year ago, he made the mistake of going to a bbq. All his friends and their children were there and of course, beer as well.  And he started drinking and having a good time. There was one child hanging around with all the adult being very "down in the mouth". My friend said "Hey H-------, what's wrong? Give me 5, oh, backside in the city got your titty!"  The child and all the adults started laughing. Then my friend gave the child a pat on the butt and said " Now quit being so sad and go play with the other kids!"  That was that and none us ever thought anything of it.  It's a child hood game we have all done amongst ourselves for years. 3 weeks later, the childs mother is threatened by the Aunt for having her at this bbq.  The Aunt and Mother are in a custody battle, by the way for this child.  So, they try to charge my friend with indecentcy with a child.  This goes before the DA in Dewitt county TX.  The Da drops the charge to a misdemeaner assault. It went through the court and he was found not guilty of indecentcy with a minor. Guilty of misdemeanor assauslt. Now, of course this is brought before the parole board. My friends parole officer wants his parole revoked. He admits to the board that he had been drinking, but his action with the child was NOT sexually motivated.  The board believed him, but did inform him that his actions were improper.  They sent him to ISF for 7 months. His parole officer was not happy with the boards decision.  So, she sends him to the therapist for a sex evaluation.  She asks if he pinched the child, he said " I don't remember clearly, but everyone there said I did, so I am sure I did, I have no reason to lie." The therapist hollors to the parole officer, he denied it! Give him a lie detector test!  This is even before she ever administered any questions.  So, almost a year later, they give him this lie detector test.  I went with him, Not only did we have to wait nearly an hour, but he said when he got in there, the guy started to tell him about someone elses case and laughing about it, like molesting children is something funny!   My friend said, " I know I did not pass, I was so upset with that jerk, I couldn't believe it!"  He believes the whole thing was a set up.  Oh, and I forgot to mention, his parole officer has only recently become one, about 2yrs. She worked for Child Protective Services before hand. Tell me there's no bias here!  My friend also wanted to know why he could chose an independent Polygraher. I told him, I think you can.  He could under stand why they were doing this to him.  He never denied anything. Lost his freedom for another 7months.  Now this special condition "x' has been added to his parole.  He is being treated as if he were a sex offender.  He had to move, he is limited to is father's home and work. Now, he has to take off 1/2 a day on Mondays, travel 45miles to a sex offender class and pay the therapist 35.00 every session.  The other fellows in the group don't understand why he is there. You know the old saying it takes one to know one.  One fellow even said "I deserve to be here, what are you doing here?"  When he explained, his therapist got upset with him and theartened to drop him from the program.  Now, the thing that really upsets me, is this, my son 6 yrs ago was raped by his Uncle who was, at the time a minor of 15yrs. As a result, nothing was done. He is still out there running around.  My step-father raped me when I was 11yrs old and sodomized my brother.  He is still running around free as a bird.  What my friend did was stupid and immature.  IN the presence of other adults, everyone fully clothed outside in broad day light. He was wrong for breaking his parole, but this is the biggest case of over kill I have ever seen!  I child molester, does things like give Mama money to go to the movies, or play bingo, very manipulating, planning and stalking, even the violent rapists stalks their victims to some degree.  I believe had my friend had the opprotunity to chose an unbaised polygrapher, he wouldn't be going through this right now.  You see, because this some how got out in his work place, he is being threatened by co-workers. His whole life has been turned upside down.  There is something very wrong with a system that let's the really bad guys run free.  My friend used to be a drinker, a bar brawler somewhat loud and a very typical type"A" personality.  This is such an injustice.  And "KUDOS" to Mr. MacCarthy, I support you and hope you win your case.      I wish you could have given my friend the test, you are very fair with a very fair price.  We are also from TX, Hallettsville, very small town, and I take him every week to Victoria for this sex offender stuff, I agree with you about control, power and greed.  Another thing to think about folks:  I grew up during the "cold war" for all you 45 and over group, I'm sure you will agree this country is beginning to become more ane more like the  former USSR. Lie detector tests, cameras everywhere and now I here they're trying to get National I.D. cards passed.  It's really scarey.   To anyone on probation or parole, best to keep to yourself.  The whole system seems more like a money maker designed to keep people down instead of truley helping.  I am a Diabled American Veteran and my Son did 3 tours of duty in Iraq for B.S. it seems.  Mr. MacCarthy, If you have any word of wisdom or can point me in the right direction to help my friend, please send. Or anyone else for that fact.

Please forgive the "bombardment". I've been a bit "riled" up over the whole thing. Generally, I stay quite unbaised and cool about most things. But, when I feel an injustice is being done I try all measures to help. i.e.: My ex-husband was from Mexico, he received a 2nd DWI after the 911 incident, the wanted to deport him. Now, this was a man who came legally, paid over 30 years into the Socail Security system, never collected a dime of welfare and became a citizen. I went down to INS and spill my guts before a the Judge. They let him go.   

Now, honestly, I don't know that I can help my friend.  But, just maybe, I can get him important info they are not volunteering at the Parole Office.  Like:  Can he get an independent polygragher of his choosing? An accredited one of course.  If he is a convicted SO but is being treated as such, can they still making take this maintence test?
Or is this futile effort and he is just prison bound again?  replies from all are welcome.

cat wrote on May 16^th, 2008 at 7:18pm:


Cat,

I addressed your concern on the other posting found under "Improper Behavior."  

I will add that unless previously coordinated and agreed upon, outside or private testing by a private examiner (qualified or not) will generally NOT be accepted by any department or agency concerning any issue. 

Sackett