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Question of a serious nature

smokey1smokey1 Member Posts: 76 ✭✭
edited March 2002 in General Discussion
My wife has been served subpoena to testify against a mutual friend of ours in a first degree CSC trial. The problem is that the "victim" in this case is also a mutual friend of ours. The accused and the accuser were married at the alleged time of this incident. The incident was not reported to authorities until the accused had left the house and had been living with another woman for several weeks.My wife was hijacked into this when months earlier, the accuser came to our house after another rape allegedly happened. The accuser told my wife what had allegedly happened, and my wife offered to call the police. The accuser declined, stating that she didn't want the father arrested in front of their children. My wife volunteered to take the children, she still declined.From that conversation my wife is now facing helping to put a man behind bars for a life sentence. The accuser coerced my wife into giving a statement to police. Thus the subpoena. Thing is, in this state corroborating testimony is not required in these cases.Am I wrong to blame the accuser in this case because she has put my family in this position, or should I give the benefit of the doubt, and see her as a victim?None of us are on speaking terms anymore. I post on several sites, but thought this site would be good to get a majority of male input. I also plan on posting the same on a mostly female site, and will compare the differences in opinion to see if the answers are gender biased.To me there is no right or wrong to this question. My wife still loses. Thanks to all that voice their opinion.
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Comments

  • mcneely77mcneely77 Member Posts: 411 ✭✭✭
    edited November -1
    It is a horrible situation to be in. I don't envy you or your wife. All you can do is be honest, tell the truth, and hope for the best. Sorry I can't help. The feelings of resentment are natural, the accuser should have acted sooner. I don't know that any resentment for the accuser would accompany sympathy for the accused though.
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  • bartobarto Member Posts: 4,734 ✭✭
    edited November -1
    you maybe could tell the male in the suit or his atty. what was said before & then tell the wife that you had told them. the wifes atty. might decide that the testimony carried more weight for the man than the woman in that case.just a thought. barto
    the hard stuff we do right away - the impossible takes a little longer
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  • smokey1smokey1 Member Posts: 76 ✭✭
    edited November -1
    Mcneely,Thanks for the words of support.Barto,That's great advice. Unfortunately, it's the same path I followed originally, only to find out that prior knowledge of anything means nothing in most cases. In this state it is up to the judge to consider if "character" types of witnesses prejudice testimony, and allow or dis-allow them on their discretionary merit. That is exactly what's wrong. If the truth could be told in court, it would be justice. Anything else fails the test.
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  • JustCJustC Member Posts: 16,056 ✭✭✭
    edited November -1
    My question is, how reliable is the supposed rape? I would just as soon kill a rapist as look at them, BUT, BUT, BUT, I have seen divorcing couples, especially women who were thought to be of strong character, come up with some stories just to get money and the kids. I am not saying it is true, but I would have to delve into the matter with both parties. FACE TO FACE. I ask the questions about the situation, and examine their body language as well as their answer. Seperately of course. After all, you dragged my family into it, therefore, I have the right to ask the questions and determine what I FEEL is the right thing.
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  • RedlegRedleg Member Posts: 417 ✭✭✭
    edited November -1
    Become a "hostile" witness.
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  • gunpaqgunpaq Member Posts: 4,607 ✭✭
    edited November -1
    This case and situation sounds all too familiar. First, how can an act of rape be committed between a husband and wife who, at the time, are sharing the same bed? Second, if a rape , for argrument sake did occur (some type of rough, violent, cruel, or unwanted perverted sex, etc.), why would this crime not be reported in a timely manner to the authorities, another family member, clergy, doctor, or friend? Third, why was there not a PFO or restraining order put out against the husband if this alleged rape/s did occur? This guy, the husband, might be a real jerk and adulterer but not a criminal rapist. Attorneys and womens groups often tell their clients to pull out all the stops with every conceivable accusation in order to get a better settlement for alimony, child support, and property/asset distribution, etc., - and it also makes lots and lots of money for the attorneys. This man has already had his record ruined in society if he has already been charged and the question is how much would one be willing to contribute in the further assassination (in mind, spirit, financially) of a man who may be quite innocent of the alledged crime? Why not suggest to the alledged victim to submit to a voluntary lie detector exam to better back up her claims in addition to your wife's testimony. I guarantee you that the alledged victim's husband would if she would. In a very similar case all charges were dropped when the alleged "victim" wife refused to take a lie detector exam and the husband agreed (he didn't take the exam, but agreed to submit to one). You need a background check to buy a gun but none to get married. This guy and/or wife should have checked into each others background before getting married and entering into that contract.
    Pack slow, fall stable, pull high, hit dead center.
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  • smokey1smokey1 Member Posts: 76 ✭✭
    edited November -1
    saxonpig,CSC=Criminal Sexual Conduct. Unfortunately, I will get to say nothing. My wife WILL tell the truth. And the jury will probably vote as admonished.gunpaq,The questions you pose, are the exact same ones that leave me with sleepless nights now. I was hoping that you had the answer.
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  • smokey1smokey1 Member Posts: 76 ✭✭
    edited November -1
    JustC,You have a good grip of the situation that my families in. Your insight is phenomenal!Redleg,She is hostile...if the court doesn't realize that...they soon will.LOL[This message has been edited by smokey1 (edited 03-20-2002).]
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  • Tailgunner1954Tailgunner1954 Member Posts: 7,734 ✭✭
    edited November -1
    Umm......you and your wife didn't winess anything...Right ?Everything you know (or think you know) about the alleged incident is what you were told..by one (or more) of the interested parties.....dosn't that come under the heading of hear-say evidence and as such dosn't carry much (if any) weight in court ? Assuming that she is allowed to testify at all.Not a lawyer just thinking out loud
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  • smokey1smokey1 Member Posts: 76 ✭✭
    edited November -1
    Tailgunner,That's what we thought. Like I said, a corroborating witness is not even required to proceed in these matters. It is a case of "he said... she said" with my wife stuck with a subpoena in the middle. What a mess.
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  • He DogHe Dog Member Posts: 51,593 ✭✭✭✭
    edited November -1
    What a very unpleasant mess! It is indeed a case of he said, she said, and likely you will never know the truth of the matter, whatever the court's decision. I agree with Saxon, his advise is sage, and probably the best you can do. Beyond that, just try to put it behind you when you can. The conviction or aquital will not hinge upon your wife's testimony in any event.
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  • tidemantideman Member Posts: 1,099 ✭✭✭✭
    edited November -1
    Smokey1, Who requested the subpoena? The defense or the prosecutor? Tideman
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  • gunpaqgunpaq Member Posts: 4,607 ✭✭
    edited November -1
    Smokey 1, what state are you in? Is a witness in your state compelled to testify? On the stand in PA one can simply reply to questioning "I can't remember with any certainty" - witness dismissed, in most cases. Or on the other hand she could be in for a very humiliating and traumatic experience being crossed by some scum bag attorney in a public courtroom. In PA the witnesses for the plaintiff are usually coached ahead of time so that they may give more favorable testimony - not how to tell the truth more clearly but how to slant their testimony in the plaintiff's favor. Another way to possibly not having to testify is to inform the plaintiff's attorney that there will be no cooperation and all testimony will be hostile - thanks but no thanks. This is a real mess to be drawn into. If this lady is a friend, perhaps a heart to heart talk between friends may persuade her to eliminate your wife's testimony or even drop the case if not valid in the first place. Too often the jilted wife, who was usually a very nice person before, goes on a "we'll get that * and make him pay no matter what" scorched earth crusade with her attorney, in the lead, raking in the couple's money. This stuff goes on far more often than one may think.
    Pack slow, fall stable, pull high, hit dead center.
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  • offerorofferor Member Posts: 8,625 ✭✭
    edited November -1
    I would take a different tack on this one. It is a privelege to participate in the judicial system of a free country. Your wife's job is simply to show up when it's her turn and tell the truth, the whole truth, and nothing but the truth. If the accusations are false, as they sometimes are in nasty divorces (some people have no scruples) the attempt to sway your wife's view of it may backfire royally. In this case I would do my duty and let the judge and jury (if any) sort it out. The subpoena means that she has to go, not that she has to take sides. I would try like heck not to abridge, rethink, or color my testimony in any way. I would simply be as honest and forthcoming as I possibly could and not assume what my testimony will "mean" to the trial. Any effort to sway the balance would probably backfire. Just show up and do her duty as a citizen. And you can be proud of her for participating, since she now has no choice but to go down there and state her truth. The courts are 1/3 of our democratic form of government. Let it work.
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  • smokey1smokey1 Member Posts: 76 ✭✭
    edited November -1
    Sorry for the long response time. Fresh fallen snow propted me to get up from behind this keyboard and venture outside to play in it.Now once again at home with a couple of cherry logs burning in the fireplace, and a cool drink next to me, I can once again stomach looking at the monitor again. Damn I love the outdoors!He Dog,Thanks for the words of faith. tideman,The prosecutor. gunpaq,I'm in the Upper Peninsula of Michigan. Thanks for the heads-up on the "compelled to testify" thing. I'll check into it.We tried the heart-to-heart. Didn't work. Guess we weren't all such great friends afterall.In my insignificant opinion, this is definitely jilted wife material.Thanks for the advice. offeror,Agreed on that point offeror. It is her duty.This whole thing bothers me more from the aspect that we really feel sorry for the five kids of theirs that are the BIG-TIME losers in all of this.Their young lives have been ripped apart forever.Did I mention I love the outdoors?
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  • Smoky14Smoky14 Member Posts: 531 ✭✭✭
    edited November -1
    Off the subject but, where did smokey 1 user name come from? Peterson?[This message has been edited by Smoky14 (edited 03-22-2002).]
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  • Tailgunner1954Tailgunner1954 Member Posts: 7,734 ✭✭
    edited November -1
    I wish the prosecutor luck cause he's not going to get anything but hearsay from your wife. You might want to make trolls out of both your neighbors just make sure it's under (not below) the bridge. But she will have to appear in court.Bob A troll from the "Sunrise Side" [This message has been edited by Tailgunner1954 (edited 03-22-2002).]
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