Child Molest case DISMISSED after second polygraph test C1347648
I represented a Spanish speaking client, who was accused of molesting a 6 year old girl and an 8 year old boy. The children were his Sister’s step children, my client’s sister’s husband’s children. The biological father of the children divorced the children’s mother and later married my client’s sister. The father and the children lived in a home with my client’s parents and sister. Reportedly, the children accused uncle “Lalo” of sticking his finger up their butts. My client was facing two life sentences for the alleged child molests of children under the age of 10.
I charged a fee to read the police report and to interview the client in custody. I took my friend, who is a court certified Spanish Language Interpreter, to interview the client in jail. During the initial interview, the client asked me if a jury would believe two young children, who had accused him of molesting them. I told him that DA’s, judges and jurors “bend over backwards to believe children” in cases like his. He put his face into his hands and wept.
I told my client that the children accused him of showing them pornography on his lap top. He told me that a friend had given him a laptop. But, the children knew that he does not even know how to turn on the lap top computer. That was an interesting fact.
I told him that he could take a polygraph test. I had to explain what a polygraph test was. He was excited. He asked, “There is a test that can prove that I am telling the truth?” I told him there is such a test. I also explained through the Spanish Interpreter that a polygraph test is NOT admissible in any evidentiary hearing in the State of California. That is because a polygraph test can “beat you,” but you cannot lie and beat a polygraph. I told him that the polygraph test would be video-taped and that if he passed the test, I would give the test and the test result to the District Attorney. Passing a polygraph test would at least make the District Attorney look at his case more closely.
I engaged Polygraph Expert Ron Hilley. Mr. Hilley was 24 years an FBI Agent and renown polygraph expert. There are several senior District Attorneys who trust his work. Mr. Hilley tested my client with a Certified Spanish Language Interpreter. My client passed the test with very high marks.
I turned over the polygraph examination video and test results over to the District Attorney handling the case. He immediately called me back and asked if he could call the expert, to which I said, “Of course you can. That is why I turned everything over to him. The DA spoke with Mr. Hilley. I then received a second phone call from the DA asking if my client would take a second polygraph test by a Spanish Speaking Polygrapher. I said, “Yes.” And I immediately called Ron Hilley. Ron had recommended a Spanish speaking polygraph examiner, whom Ron had trained years earlier. We flew him up from San Diego to conduct the examination. My client passed the second test.
I advised my client that the District Attorney would NOT simply give up and say, “You win.” But, he would have to question whether or not he was prosecuting an innocent man of charges that he did not commit. My client was not immediately dismissed. Nor was he released pending the trial.
But, the District Attorney began re-evaluating his case. I pointed out to the DA that the children did NOT speak with the police. It was the children’s biological mother, who had called the police and told the officer that the children had said that my client had shown them pornography. In fact, my client had caught the boy watching pornography and reported this to their father. The boy got into trouble with his father.
In every case where there are false charges there is someone who is crazy. And, it was the mother. She attended many of the court hearings and talked with anybody who would listen. She was pretty crazy. The district attorney tried to speak with the children alone, which she would not allow. He looked closely at how the information about the case was reported. It was she, who made the reports to the police and not the children.
The DA dismissed the case on the day of the preliminary examination. And, my innocent client was released. He was very patient and he was rewarded for his patience. And, I have great respect for the Deputy District Attorney who handled the case.