24
April
2010

They went way too far!0

Imagine this scenario: You are kicking back in your living room watching the tube when the local police department busts in and arrests you on drug charges. Now, you know that you are perfectly innocent because you don’t use any of that stuff, yet you find yourself standing before his honor the judge anyway. The police claim they have all the evidence they need to put you away on the charges. What you find out months down the line is that they had gone into your neighbor’s home, gathered the evidence they found there and claimed it was YOUR home in which the offending substances were found. Worse still, your lawyer knew about this bogus ‘evidence” and didn’t bother telling you about it!

Preposterous, you say. This kind of thing couldn’t happen here in the good old US of A! Our constitution protects us from that kind of thing! Or so you would think.

Change that scenario a bit…just a little bit…and you’ll see how it can indeed happen. How an agency exists that does this very kind of thing. The agency is CPS, or as it is now known in many places as the Department of Children’s Services. Keep in mind as you read on that, when going out to remove a child from his or her home, there is normally a law enforcement officer in their company. Someone who knows things like rules of evidence…or who should anyway!

OK so here’s what I found out happened. Said law enforcement officer was first to arrive. The paperwork in his possession had the street address on it but not the apartment number (I was living in a 4-plex). Now the street address was on the building but on the side of the front units. The back side, where I lived, wasn’t marked. So said law enforcement officer enters those front units and takes pictures of the filth he finds there…and proceeds to present these pictures as evidence in claiming “unsanitary” conditions in MY apartment! Worse of all, my lawyer knew of these pictures yet said nothing to me about them. Had she even bothered showing them to me, it would have been obvious that they were not of my apartment & their entire case would have flown right out the window.

I don’t care what kind of spin those who perpetrated this fiasco try to put on it, but this is fraud! It is unlawful to manufacture evidence! Remember the OJ murder trial? One of the reasons Mr. Simpson was acquitted was the fact that LAPD was suspected of planting some of the evidence. The prosecution’s case fell apart because of it. Can you imagine what kind of outcome the trial might have had if his “dream team” of lawyers had opted to ignore that little glove?

Can you imagine the difference in the outcome of my case if my lawyer had opted to not ignore the existence of those little pictures?

I doubt I’d be writing this little blog.

       



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