Friday, June 27, 2014

Injustice System

User story
The following was sent to us via the "Tell Us Your Story" form and posted with the users permission.

By Jerry Oldaker:
Eleven years ago after battling for about nine years in the courts against the local Child Protective Services it looked like I was about to win yet another battle. I was wrong, dead wrong. Early one morning while I was getting ready to leave for work a detective shows up at my door wanting to talk to me. As I was on the way out he said he could talk to me later.

I found out later once I had left he and another detective had entered my home and seized several items for an investigation. They took some Playboy magazines, my entire computer, and some videos they claimed later were pornographic (sorry they were not). I still have the paperwork for the items taken, although I got them many years later.

A couple hours after I had seen the first detective, another detective and him show up at my work place. They take me down for questioning. Once there, they claim my wife told them everything. I said, "Everything as in what?" as I had no clue. Apparently she had claimed I had touched my son on several occasions inappropriately.

When they said this I got very angry as no such thing has ever occurred. In fact I was sure they were making this up and it was somehow tied to the CPS case. When I asked for a lawyer I was promptly arrested. They also told me what they took and as soon as the FBI examined my computer they would have evidence of child porn as another charge.

When I went for the bond hearing the cops were in the other room getting the warrant for searching my house (after the fact?).

After about a year of refusing several plea deals, my "court appointed" attorney say we pretty much could not win this case. I said I don't want to plea to a falsehood, or any sex charges. I kind of on a wild rant threw out the possibility of taking one if it was not permanent and we could bring it back to the courts later once the child was older and we could call him into courts. He said there was, it was called an Alford plea. To this day I still don't know what Alford plea really means, and he never did it that way in the end anyways, even though that's what I wanted. I also got all sex charges dropped, though the judge still tacked on registration as a sex offender.

I didn't find out my plea was not retractable until I had five months in. If I had not asked to retract it then I probably still would not know.

So I was convicted in 2004 and in 2005 due to the plea thing being totally messed up somehow I filed a habeas corpus. I was pretty sure it would get thrown out immediately. To my surprise it was not.

Around 2009 I finally had a hearing and my new attorney had brought the now ex-wife to testify. I was furious as I did not want her slandering me yet again and jumped on him for even thinking of bringing her in. To my shock she admitted lying about the entire story, on the stand, in court, on the record. Admitted framing me and everything.

Well here it is now 2014, I have never heard a thing from the courts granted or denied, I still can't find a job because of this on my record which shouldn't be, and I am still having to register. I don't know what else I can do. It seems something should have been done.


Scott said...

You would need to file a motion for post conviction relief. Iv never heard of an attorney doing something his client told him not to do, like you said he put ur ex wife on the stand in a "hearing" of some kind. Let's not use him again. If a person recants their previous testimony the court must decide if they believe the person to be credible. If they feel the person was tricked, threatened, manipulated, or that the act of recanting is in the best interests of the witness/victim the court can deny your motion for relief. You really should go get a lawyer but since u don't have a job that's going to be tricky. If they have no other evidence but this persons accusation then you should be able to win on your own. If they have more your going to need to find about 1500-3500. But again since you don't have a job you should put in the work. Do some research. File motions and argue your case if you believe it such an injustice. Hope it works out for you

Mark said...

You never bothered to ask your lawyer what an ALFORD PLEA IS? An Alford Plea is a guilty plea of a defendant who proclaims he is innocent of the crime, and admits that the prosecution has enough evidence to prove that he is guilty beyond a reasonable doubt.

Jerry Oldaker said...

Yes, I was told all that by my attorney, as well as that it was a retractable plea. He claimed he never said that, and also claimed four months after the conviction it was not done as Alford, after discussing it with me as such until that point! I of course reported him to the Lawyer Disciplinary Board three times and got nowhere since I cannot prove what he said. I also filed a lawsuit against him but had to drop it as I was not allowed to get the phone call recordings from the jail. (lawyer client privilege) I did claim I was innocent, and as such since I would not admit anything the judge said I could not be helped and gave me the maximum sentence.

Jerry Oldaker said...

I thought Habeas Corpus was post conviction relief. If there is some other I would love to know about it. I seen somewhere that you could retract a plea if new evidence were to come to light, such as a recant of a statement, but I have no idea how to do it. Anyways, she has already recanted the entire statement back around 2009, at the last Habeas Corpus hearing, and the court still has not made a decision either way. I did some research but I am not good at legal stuff, not at all. I will research again, however.