what do you do about the wrongly accused of child molestation?

Question

my uncle has been sittin' in prison for over 5 years now for beenin' wrongly accused of child molestation, no one will let him take a DNA test to prove that he has nothing to do with this, they won't let him have a jury to prove it or nothing so what do i need to do myself to prove that he had nothing to do with this, please help me, help my uncle, please

Answer 1

Assuming he was found guilty, and did not plea guilty or take a plea bargain- the first thing you need is new evidence to prove his innocence
BTW a Jury is only available at trial!

Answer 2

were you there at his trail? he had to have a trail, either he plea bargain some jail time and some probation time, or he plead not guilty and he was found beyond a reasonable doubt "guilty" . when you are in jail, you just want to get out, you look for anything anyway to get out. the ones that can let him out is a judge. But the judge wont let him out until there are facts that he is innocent. The Distrct Attorney or a lawyer can bring these facts to a judge. But wait. the DNA does not clear a person. lets say you go touch a child, and people saw you, touch a childs intimate area, the child also testifys that you touched his or her private area. there you are guilty and you left no DNA but you messed a childs mind and life forever. See you can demand a DNA cause you know none will show or a condom was used. and so the act was witnessed yet no DNA.. lets say he admitted to a policeman who had a hidden camera in his office. Thats evidence enough, no DNA needed since the child and the admittance in the video. You need to have a copy of the transcript, and last i heard of the court reporters only need by law to store it for 4 years not 7 years. So that would be the first place to review the DA's file. and the transcript. But it is too late for an appeal. and so you have to prove that he is in there by fraud. a false report. If the witness is willing to say that it did not happened but he was scared enough that he said it happened cause he was confused by all the attention. or if a witness says it did not happen but he was not allowed to testify only the ones that lied were allowed to testifiy. all of this helps. a lie detector test of the witness helps, too if a true witness shows up to the police and is willing to testify and take their poligragh test. it can help if you get a good police to go after the people that lied, thats if they did lie. so you need to see what was presented to begin with. if your uncle was here in the USA he was giving a chance to have a jury trail or waive it and have a judge decide and that page that he waived his right to a jury trail is in the DA file. they might show it to you, after all you are a citizen who wants to know what happened. Now as for your uncle there is something fishy about this. the fact that he tells you he was not allowed a jury trail. in USA they are. unless you know personally the victim. very closely and you know that they both loved each other. then i can only say that the victim would be the younger person, and they are rob of their innocence,
Also, there are 2 people that can get him out of jail the Governor of your state and the president of our nation, he and you can ask for a PARDON read about it and write them a letter but first get all the facts so you can present the evidence to these people also.

Answer 3

there are many innocent people in prison federal stats up to 2%, i personally believe that for certain crimes the innocent ratio is higher. With any crime involving a child jury's have and overwhelming tendency to convict even with no or conflicting evidence, this is due the the desire to do something about the horrifying news of crimes against children. I like most people would tend to believe the veracity of the charges as opposed to the claim of innocence. But, alas, our legal system is supposed to be innocent until proven guilty, with crimes against a child it is usually the other way, i am saddened to say.

To get an appeal; or a post conviction; one must raise new evidence this evidence must be evidence that was NOT available at the original trial.
If the samples were collected and a DNA test was not conducted the defendant could have had one done at the time of trial. At any rate it is doubtful that a judge would consider the desire of a convict to have a DNA test as new evidence if the samples were available at the time of the initial proceedings.
even if the "victim" recants, in cases of this type it is usually ignored or set aside as not 'credible'. Once a person has been convicted it normally takes evidence of 'actual innocence' or a severe legal error to reverse a judgment of conviction and an imposed sentence.

Answer 4

First off, we need a little bit more information.

Second, if he has been sitting in jail for over 5 years that would mean he has been convicted of child molestation or some other crime, and that all the evidence you are talking about was probably taken into account since DNA tests are common place in trials.

All I can say is that if he was already charged, tried and found guilty the ONLY way you can fight it is to appeal. Though I would suggest it would be pointless since he was found guilty (since he is serving a sentence).

Answer 5

I worked in a prosecutor's office for over 5 years. Child sexual abuse cases were the hardest to obtain convictions for, for a number of reasons. Limited physical evidence and usually the victims were too young to be certified to testify as witnesses. If your uncle was sentenced to over 5 years there had to be some kind of compelling evidence to put him there. Also, he had to choose between a jury trial or a bench trial - a bench trial is where a judge decides w/o a jury - no one else made that decision. If your uncle was not mentally capable to make those decisions, and was forced, you need to contact The Justice Project. I know in some smaller towns being the wrong color can guarantee a conviction - so if he was railroaded, fight for him. You may want to get a copy of the original police report - it's public record - to make sure you have all the facts.

Answer 6

he would have already been given a DNA test, if DNA evidence was pertinent in the case. And everyone gets a trial by jury if they so request in criminal cases.

You need to speak to a lawyer, if you truly think your uncle is innocent. Quite frankly, both the issues you brought up (no DNA test and no jury) seem HIGHLY unlikely to have occurred.

I don't mean to be hurtful, but I wonder if you know your uncle as well as you think you do.....

Answer 7

Do your own DNA test, ask that your Lawyer have access to the results of the DNA from the case and then when you can prove it the state will be required to reimburse you for the testing fees if he is proven innocent. They can not "deny" his Lawyer getting him a DNA test. You need to ook more into this

Answer 8

I am no attorney, but I do believe that your uncle is entitled to a DNA test. This test is the only thing on the planet, so far, that proves things beyond a doubt. If he is innocent, then he should demand it. I would. Demand the test, demand it, demand it!

Answer 9

He's allowed to have a DNA Test 2 prove he's innocent or guilty maybe he didn't want the test why 5yrs it's over by now no case goes on that long maybe he took a plea bargin to get it over with ask him.

Answer 10

I dont think thats a good idea. Why would anyone accuse someone of something they didnt do? Just wait for a while until u get the facts straight before u let him near ur children