Re: police conduct
Posted by Carol on 4/18/06
On 4/14/06, eliza wrote: > i was recently beaten up at the home of an ex. when i > managed to get away i drove directly to the police station > for help. i was told to wait and someone would assist me. > i had urinated during the assault as i was stomped on in > the stomache and ribs. i sat as instructed, told the clerk > i was injured, and then waited for the help i thought was > coming. it did not arrive. > > 2 female police officers walked in and without a word > arrested me. i did not know why and upon asking them, the > one apparently in charge (whose name is on the orders) said > i had trespassed and committed assault and battery. i had > not done either and stated my innocence. she hauled me up > and i winced in pain, explained that i had been injured, > and said that i had been asked to go there and then > ambushed before i even knew what was happening. i > attempted to explain that there must be a mistake but the > officer told me to shut up and said that she knew i was > lying. i was not. she then proceeded to badger me with > questions, most of which i simply met with silence. she > found an old card in my wallet which my children and i had > used to get into our house a month prior when my visiting > mother had accidentally locked us out. my entire > neighborhood and many friends know this to be true. > > the officer again told me i was lying and then added that i > was hostile and uncooperative. i said that i was afraid > and in pain, not hostile or uncooperative. i requested to > have an attorney present to safeguard my rights. she > ignored me. i was put in a cell and the adjacent concrete > door was shut. no one could hear me or see me except for > the clerk on the monitor from the front desk. i eventually > began to vomit and shiver and curled up on the floor. the > clerk came to tell me that it would be ok and to hang in > there. i thanked her and asked what was happening and if > the officer had contacted an attorney. she did not know. > i was finally taken before a magistrate. the officer had > already spoken to him about me and he said i was being > uncooperative though i had not said a single word to him. > he then answered a phone call and i heard him discussing > mortgage rates. he hung up and then asked me if i had > questions. i asked what i had done wrong, why was i > arrested (i did not know and had asked the officer > previously), and i asked to take out charges against the > people who had lured me into what i realized by then was a > trap and then beaten me up. the magistrate looked at the > officer, threw his hands in the air, and denied me a > hearing. i was taken back to the cell. the officer yelled > at me to stop touching my head because my hair was falling > out all over the station and she knew i wasn't going to > pick it up. my attacker had held onto and pulled out my > hair throughout the entire beating. i apologized but said > that my head was very sore and told her again (as i had at > the beginning) that my chest was hurting badly from being > stomped on and i couldn't stop shivering. i had removed my > underwear while waiting because it was wet and the officer > had taken my coat. the temperature had dropped ten degrees > in the interim. she told me to buck up and if i was lucky > i would get another bond hearing but they were transferring > me to the main jail. still no attorney. > > by this time i knew my children would be worried as i had > not been allowed to call anyone. i was loaded in a paddy > wagon, minus a jacket, in weather that was now 50 some > degrees at warmest. other people on this paddy wagon began > to mouth off at the police on my behalf. i said nothing. > i was put in a cell and after several more hours was taken > before a different magistrate and bailed out. i filed the > charges against my attackers the following morning. > > at first court date, i requested a continuance so as to > arrange to hear all of the cases at once. the officer > protested vehemently. when the continuance was granted she > stormed out of the court house. my ex and the other person > were far less concerned about this case than this officer. > i know that something is not right. i feel it in my gut. > my question is whether i should pursue investigating of > this officer, file a complaint as to the treatment i > received, or wait until after the case is adjudicated and > then deal with her inappropriate behavior. she has been in > contact with my ex to "work on the case" according to > messages left by him. this cannot be appropriate. i > believe the case should be dismissed. i am innocent and > should not have been charged to begin with but i respect > the legal system and am prepared to defend against those > charges in court. however, i fear meeting this officer in > court. i feel this officer is driving the train for > personal reasons that have nothing to do with me but > everything to do with my ex. the fact that they are in > contact with one another, and my knowledge of his > motivations for being in contact with any female in > existence, makes me very apprehensive. he has a history > of calling the police on everyone he knows, a history of > lying to the police, and a history of not going through > with his false charges. he seems to be determined to go > through with this despite the fact that he will still call > and leave messages occasionally. i do not fear his lies in > court and i know that the officer, because she did not read > my miranda rights, cannot (unless we go before an inept > judge) use any comments (few to begin with) made by me > against me. however, i do fear her power to make > statements as to my being "hostile and uncooperative" in > her opinion as this was not the case at all. she has > apparently attempted to get the ex to file more warrants > against me. i find this abhorrent and believe i am the > subject of a vendetta by this officer. i had never seen > her in my life, nor heard of her. aside from advice to > retain an attorney (i realize this is vital), i would very > much appreciate your comments. i realize there are many > layers to this and apoligize for the length of the post. i > am so frustrated and increasingly frightened due to feeling > that i'm not being heard or given many options other than > to deal with spite warrants if they're issued and show up > for court on schedule. i am beginning to feel that there > is nothing one can do to protect oneself from a person > filing false charges, or from corrupt officers of the law. > i realize that attorneys are not magicians but it seems to > me that legal precedent must exist somewhere to guard > against or at the very least rectify the situation when > individuals (officers or not) use the court system as a > personal weapon against an innocent citizen. if anyone can > point me in the proper direction i would be deeply > thankful. all comments, in fact, would be appreciated. you should post this on the legal questions page, not the due process chat board. you need an attorney. call a criminal defense attorney NOW. do not talk to anyone else about this until you have spoken with an attorney. AFter that, check and see if the court you're in has a victims rights advocate and call them.
Posts on this thread, including this one
- police conduct, 4/14/06, by eliza.
- Re: police conduct, 4/18/06, by Carol.
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