Legal Corner
question for the thinkers
if the cop wrote in his report that he "ordered a beer"
Yet he really also (drank not 1 but 2 beers.)
would this be considered an untruth, in an effort of trying to manipulate the scenario, making it appear that merly "ordered the 1 beer" as a prop,
yet he got to "enjoy drinking 2 full beers" in the lunch hour?
thanks..
About all I can say is that police are supposed to write accurate reports and if they don't then, yes, that would be considered an "untruth" or as I prefer to call them: lies.
I am intrigued however, as to the whole back story here.
Details, please.
(still not a lawyer)
without re-hashing,in nutshell
I am trying to get my old case seal & destroy via "factual innocence" and they review the LE report.. I want to make sure all untruths are pointed out if they would be relevant.
I am being held accountable for "a giggle" as that was my responce when the cop said something obscene...yes I was very uncomfortable with his behavior..so I guess I had a "nervous giggle"
The problem is, that without clear evidence to the contrary, whatever LE says is taken as gospel.
It's sort of like when a red challenge flag is tossed in football. There has to be convincing evidence to undo the call.
(still not a lawyer, or a ref either)
that proves he had 2 beers & I had 1 glass of wine.
there are many provable lies in the report, & the entire case against me is she said /he said.
ie: if you go back & read the report he stars off by lying in the very first sentence.
"I was looking online & I saw a lady that clearly looked like a prostitute offering prostitution services" then if you look at what he is referring to...A demure picture of my "face" with "hair in a bun" then I go on & say (I am looking for a special person non smoker,,enjoys movies, music,great conversationetc....etc)
so what about any of that would make someone even remotely think about a647b?????...
there is no discusion about anything PG rated or $$$.....and I am not running a buisness....
Wow, who is this guy? What does a prostitute "look like""?
How do I distinguish such nasty ladies from a Britney Spears video?
Cross-ex is going to be so much fun in this case.
writing in a police report that he selected a sting target bc she “looked like a prostitute” in her web photos, particularly if this was a personal ad site. Talk about a defense atty’s dream LE witness. But Cathy may be working from memory here and may not be describing accurately what the report said.
If I correctly put together her story in the Scary post, then the core part of her story makes some sense. She wouldn’t be the first gal to plead guilty at the advice of a disinterested defense atty (who knew she did not have enough money to pay him for a defense) and years later decide to attempt to clear her name. She has been posting about this story since April of 2006, so she’d have to be a complete psycho to fabricate the story and keep posting about it for nearly three years.
I just hope that her current atty is honestly advising her about the likelihood of success in proving “factual innocence” and is not just bilking her for what little money she has.
right after it happened,, I printed my ad up (proof in the pudding)this happened in 2002 I remember it like it was yesterday,,I fought so hard & the #1 attorney ripped me off, I refused to plea out..attorney #2 same thing..finally I got a good guy & he wanted to try the case yet..I was so poor, I had spent almost 10 grand by then & could not pay anymore plus cost of the trip.. so I just gave in... then he expunged it later..... then in Oct 2007, I hired his partner to seal & destroy (#3 was out of town).. so now it is getting close to hopefully being gone for good.. paid $2500 to seal & destroy,,,I will be devistated if it has taken this long..and I don't win...
The vice cop had bragged he done this 16 years in (2002) he was a complete creep( he reminds me of that guy "drew peterson" w/ the 4 dead wives)looks & acts
thank you Marikod
thank you, I have cried for years over this & finally I may get my name cleared, it made me feel that my mere exsistance is a crime.
I am not sure how all this works out on the "factual innocence"..I appreciate all your kind words & insight
Yahoo Personals? Match.com? If so and a 'hard copy' of the ad still exists, he has to have much more than 'she looked like a ho!' to make a case. On the other hand, if it was a TER Review, My Red Pages, Adult Friend Finder, Craigslist etc, it doesn't take much.
'After years of fighting this'? Misdemeanor cases are not reopened years later. Depends on the state, but here you can petition to have the record sealed (effectively it didn't happen) after five years. With no record before or after, it should be simple
mvr
I have the hard copy of the ad, it also had these beautiful musical e-cards( jazz music,classical, happy b-day etc..)
Are you in Calif Von?, Do you mean "seal & destroy"?. at least it has been "dismissed/expunged" but I need it 100% gone, the "arrest alone " is ruining my life. the attorney had to petition to re-open , then file petition to "seal & destroy" he has to prove "factually innocent" & as I understand (depending on how hard the DA fights this from being sealed & destroyed) will have to review the LE report as that is the only evidence against me the "cops word"..& of course the other 2 cops that were spying at resteraunt.. ... they saw us talking????
... you could prove it. He said/she said won't be enough. Generally in court, any police report that has any proven lie in it is discredited as a whole and thrown out. While quibbling, his statement 'ordered a beer' is factual, is his omission that he drank it and ordered and drank another that are misleading by omission. Takes a lawyer who knows both the local laws and the department's policies on such things to really determine the significance.
mvr
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