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	<title>Comments on: SAME CLIENT: ANOTHER TRIAL, ANOTHER ACQUITTAL</title>
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	<link>http://www.johntfloyd.com/blog/2009/01/14/same-client-another-trial-another-acquittal/</link>
	<description>CRIMINAL JURISDICTION: Criminal Law Blog by Defense Lawyer John Floyd and Mr. Billy Sinclair</description>
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		<title>By: Ann</title>
		<link>http://www.johntfloyd.com/blog/2009/01/14/same-client-another-trial-another-acquittal/comment-page-1/#comment-268</link>
		<dc:creator>Ann</dc:creator>
		<pubDate>Wed, 28 Jan 2009 23:45:56 +0000</pubDate>
		<guid isPermaLink="false">http://www.johntfloyd.com/blog/?p=108#comment-268</guid>
		<description>The Prosecutor is doing the job of prosecuting.  It is not important who is innocent or guilty or even truth..it&#039;s about win or loss.  Competitive legal eagles battle it out in courtrooms mostly not for truth and justice or for preserving the life and liberty of whoever the real victim is.  It&#039;s about the best chess master.  In this case the REAL victim is the falsely accused.  These women have nothing to lose with their false allegations.  The accused lost income, ten of thousands in savings, reputation, freedom, trust in a system he served among other things.  These women leave this case with their no-where-to-go-but-up lives still intact and no deterrent not to do it again.  Real justice would be seeking truth as it happened, which may be best served by a panel of unbiased legal professionals going through evidence and deciding IF a crime was committed and by whom and not being nudged by an agenda.  All of this done BEFORE an individual is arrested, paid thousands in unrefundable bond money, and dragged through the media along with everything else that follows.</description>
		<content:encoded><![CDATA[<p>The Prosecutor is doing the job of prosecuting.  It is not important who is innocent or guilty or even truth..it&#8217;s about win or loss.  Competitive legal eagles battle it out in courtrooms mostly not for truth and justice or for preserving the life and liberty of whoever the real victim is.  It&#8217;s about the best chess master.  In this case the REAL victim is the falsely accused.  These women have nothing to lose with their false allegations.  The accused lost income, ten of thousands in savings, reputation, freedom, trust in a system he served among other things.  These women leave this case with their no-where-to-go-but-up lives still intact and no deterrent not to do it again.  Real justice would be seeking truth as it happened, which may be best served by a panel of unbiased legal professionals going through evidence and deciding IF a crime was committed and by whom and not being nudged by an agenda.  All of this done BEFORE an individual is arrested, paid thousands in unrefundable bond money, and dragged through the media along with everything else that follows.</p>
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		<title>By: Anon.</title>
		<link>http://www.johntfloyd.com/blog/2009/01/14/same-client-another-trial-another-acquittal/comment-page-1/#comment-257</link>
		<dc:creator>Anon.</dc:creator>
		<pubDate>Thu, 15 Jan 2009 21:00:44 +0000</pubDate>
		<guid isPermaLink="false">http://www.johntfloyd.com/blog/?p=108#comment-257</guid>
		<description>Burquet&#039;s story is great. As we can see from the exoneration headlines from Harris and Dallas counties, I&#039;m afraid he&#039;s in the minority of investigators. In the current case, I&#039;m afraid that the ADA still might not understand that it&#039;s likely that, if she wishes to try &quot;case three/&#039;victim&#039; two,&quot; that &quot;jury three&quot; will not find her testimony any more credible that &quot;jury two did.&quot; Perhaps Lycos and Leitner need to oversight this one. As a taxpayer, I do not wish to see my money spent trying to satisfy someone&#039;s agenda.</description>
		<content:encoded><![CDATA[<p>Burquet&#8217;s story is great. As we can see from the exoneration headlines from Harris and Dallas counties, I&#8217;m afraid he&#8217;s in the minority of investigators. In the current case, I&#8217;m afraid that the ADA still might not understand that it&#8217;s likely that, if she wishes to try &#8220;case three/&#8217;victim&#8217; two,&#8221; that &#8220;jury three&#8221; will not find her testimony any more credible that &#8220;jury two did.&#8221; Perhaps Lycos and Leitner need to oversight this one. As a taxpayer, I do not wish to see my money spent trying to satisfy someone&#8217;s agenda.</p>
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		<title>By: John Floyd</title>
		<link>http://www.johntfloyd.com/blog/2009/01/14/same-client-another-trial-another-acquittal/comment-page-1/#comment-255</link>
		<dc:creator>John Floyd</dc:creator>
		<pubDate>Thu, 15 Jan 2009 18:55:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.johntfloyd.com/blog/?p=108#comment-255</guid>
		<description>Incredible story!  I appreciate your insight and the years of work you dedicated to doing the right thing.</description>
		<content:encoded><![CDATA[<p>Incredible story!  I appreciate your insight and the years of work you dedicated to doing the right thing.</p>
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		<title>By: Godfrey J. Buquet</title>
		<link>http://www.johntfloyd.com/blog/2009/01/14/same-client-another-trial-another-acquittal/comment-page-1/#comment-253</link>
		<dc:creator>Godfrey J. Buquet</dc:creator>
		<pubDate>Thu, 15 Jan 2009 14:50:11 +0000</pubDate>
		<guid isPermaLink="false">http://www.johntfloyd.com/blog/?p=108#comment-253</guid>
		<description>Very interesting. I worked in law enforcement for nearly 40 years. Mostly in supervisory positions investigating felony crimes. And all through those years I tried to conduct myself and directed those working under my supervision to be unbiased, to be fair and to remember that not only suspects lie. Victims an witnesses do as well, sometimes more often than we would like to think. I also reminded them that law enforcement has an obligation to prove someone innocent just as well as it has to prove guilt on the part of an accused. I saw many cases where where we took a case and in the long run, found that the accused was not guilty and the victim/witnesses had lied so investigators should all approach a case with the though that those doing the accusing might have a motive and that possibility should be cleared up first and it should be in the reports that it was done. I believe it gains the respect of all concerned in criminal cases, especially the defense. 
I recall a case where a young man and his sister were charged with crimes against his children, 3, 5 and six. All females. At that particular time I was not in the investigative unit but approached the District Attorney and asked him to have his investigators reexamine the case and that if the couple were guilty I would kiss his _ _ _ on Main St. My belief in this young boy, his sister and family was that strong. 
Well the case lingered and never was prosecuted but the accusations continued with other cases that were never able to be proven because the evidence did not support it, even though doctors told the mother and grandmother that the children showed no signs of molestation and the only accusations were that the dad and his sister kissed them all over their bodies. 
Well, going back into the investigative supervison field again there were more complaints, still not enough to warrant an arrest. The first complaint under my supervision I told my staff of which there were 11, that due to my knowing the accused that I would not play any part in it, and even went to the point of having them get investigative advice from another member of our investigative unit and that they should go to him on any questions they might have. Well each time a complaint came in a different detective was assigned because the mother and grandmother continued to claim that the reason warrants were not issued was because I knew the father and his sister. They had no idea that I had no input in those cases, so as not to cause the very problem they thought was due to my status in the department. The District Attorney got the reports each time and refused to allow warrants to be issued. 
When the tenth complaint came in, and I only had one detective that had not been assigned to the previous cases I decided to step in. Having read all the reports, and statements of the prior cases I saw that all those involved in the investigations ahd simply allowed the children to say what they wanted but I decided it was not time to approach the issue objectively. I directed the investigator to ask challenging questions and as a finale to ask the children if they had been prompted to say these things against their father and their aunt and if so, by whom. Their recorded statements showed that the Mother and Grandmoter had prompted and coached them to say what they were saying. The report was turned over to the District Attorney with a request for warrants to arrest both womenh on filing a false complaint. It was done, they were arrested and booked. They served a day in jail, with credit for time served and the judge forbade from ever making another complaint using those children. He stictly prohibited them from doing so with the order that they were not to make any more such complaint and that the DA would only accept a complaint maid by a professional, i.e., doctor, school counselor, etc. 
I find that now that the police are no longer the lead investigators in crimes on children that those doing the investigating believe everything a child says and even put words in their mouths. My belief is that this is why there are so many innocent people being jailed with only circumstantial evidence and that is not only the case with children. It is the case in a lot of matters. At one time an accused&#039;s statement alone was not enough for conviction. It is today. I think your office did a good job of justice and your stand to be congratulated. We sometimes have to forgive prosecutors though because at times they have perrsonal agendas, especially if they have political aspirations of their own. 
God Bless</description>
		<content:encoded><![CDATA[<p>Very interesting. I worked in law enforcement for nearly 40 years. Mostly in supervisory positions investigating felony crimes. And all through those years I tried to conduct myself and directed those working under my supervision to be unbiased, to be fair and to remember that not only suspects lie. Victims an witnesses do as well, sometimes more often than we would like to think. I also reminded them that law enforcement has an obligation to prove someone innocent just as well as it has to prove guilt on the part of an accused. I saw many cases where where we took a case and in the long run, found that the accused was not guilty and the victim/witnesses had lied so investigators should all approach a case with the though that those doing the accusing might have a motive and that possibility should be cleared up first and it should be in the reports that it was done. I believe it gains the respect of all concerned in criminal cases, especially the defense.<br />
I recall a case where a young man and his sister were charged with crimes against his children, 3, 5 and six. All females. At that particular time I was not in the investigative unit but approached the District Attorney and asked him to have his investigators reexamine the case and that if the couple were guilty I would kiss his _ _ _ on Main St. My belief in this young boy, his sister and family was that strong.<br />
Well the case lingered and never was prosecuted but the accusations continued with other cases that were never able to be proven because the evidence did not support it, even though doctors told the mother and grandmother that the children showed no signs of molestation and the only accusations were that the dad and his sister kissed them all over their bodies.<br />
Well, going back into the investigative supervison field again there were more complaints, still not enough to warrant an arrest. The first complaint under my supervision I told my staff of which there were 11, that due to my knowing the accused that I would not play any part in it, and even went to the point of having them get investigative advice from another member of our investigative unit and that they should go to him on any questions they might have. Well each time a complaint came in a different detective was assigned because the mother and grandmother continued to claim that the reason warrants were not issued was because I knew the father and his sister. They had no idea that I had no input in those cases, so as not to cause the very problem they thought was due to my status in the department. The District Attorney got the reports each time and refused to allow warrants to be issued.<br />
When the tenth complaint came in, and I only had one detective that had not been assigned to the previous cases I decided to step in. Having read all the reports, and statements of the prior cases I saw that all those involved in the investigations ahd simply allowed the children to say what they wanted but I decided it was not time to approach the issue objectively. I directed the investigator to ask challenging questions and as a finale to ask the children if they had been prompted to say these things against their father and their aunt and if so, by whom. Their recorded statements showed that the Mother and Grandmoter had prompted and coached them to say what they were saying. The report was turned over to the District Attorney with a request for warrants to arrest both womenh on filing a false complaint. It was done, they were arrested and booked. They served a day in jail, with credit for time served and the judge forbade from ever making another complaint using those children. He stictly prohibited them from doing so with the order that they were not to make any more such complaint and that the DA would only accept a complaint maid by a professional, i.e., doctor, school counselor, etc.<br />
I find that now that the police are no longer the lead investigators in crimes on children that those doing the investigating believe everything a child says and even put words in their mouths. My belief is that this is why there are so many innocent people being jailed with only circumstantial evidence and that is not only the case with children. It is the case in a lot of matters. At one time an accused&#8217;s statement alone was not enough for conviction. It is today. I think your office did a good job of justice and your stand to be congratulated. We sometimes have to forgive prosecutors though because at times they have perrsonal agendas, especially if they have political aspirations of their own.<br />
God Bless</p>
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