Saturday, July 12, 2014

Lost evidence and Erosion of Due Process

This is a true story- a true letter sent me by today --- the names have been changed to protect the innocent


July 12, 2014

 County Attorney’s Office


RE: CA# XXX-XXX
:

I am writing to express in writing my concern and disappointment about the phone call I received from you on the afternoon of July 10, 2014, informing me that the XXXX County Procesutors office and associated police detective, had lost the evidence that had been obtained in investigating the case of financial exploitation (including at a minimum credit card theft and possibly more serious theft in 2009/2010) of my father, a vulnerable adult .  It becomes clear that our family, including my father, a  silent victim, and a  vulnerable adult under Court Ordered Protection status,  will be twice victimized by virtue of police and/or court associated lack of attention to detail/ ? incompetence/ ? lack of caring, permitting the loss of important evidence that would have allowed a fair day in court, in defense of his due process rights, to occur. 
I speak for all victims of financial exploitation and fraud, and for all senior citizens who are the prey of con artists whose only living is to steal from them, when I express my alarm about what it appears has now occurred in the handling of our case.  I mentioned on the phone that it would seem our case wasn’t seen as very important by local authorities, given the loss of evidence.    I again state my belief , resulting from the current circumstances, that clearly the silent vulnerable can be neglected and marginalized in the court system, since they won’t have the wherewithal  to complain about sub-professional handling of their cases.  
You called me on Thursday afternoon to inform me that the evidence was lost.  You mentioned that perhaps it was already known over a year ago that the folder containing CDs with video surveillance from XXXXX Tire and taped interviews was missing.  You didn’t tell me that this case is scheduled for trial on July 14, 2014, something I have discovered though my own internet search for the case today.    In fact, the last I heard from the  XXXXX County Attorney’s office was in late 2012 when I sent the attached victim impact statement.   I am assuming today that the case will be completely dropped now because of the lost tapes, even though I could easily provide you again with the evidence I had sent previously (and which I am attaching to this letter). 
I recognize that we all are busy and that it may be common to wait until a short time before a deadline pertaining to a given case in order to focus on it.  However, it appears to me today that we will not have due process prosecution for a case that is to be heard on July 14, 2014, because your office not only lost the evidence, but because you couldn’t possibly pull it together in a day.   It would seem to me today that the words you didn’t speak in our conversation were that not only did you lose the evidence, but that the case would now be dropped in only a few days?   Or am I reading too much into the fact that the court date is scheduled for July 14, 2014?   (and that I wasn’t ever told this even though I had asked to be kept informed in the attached documents).
As I would hope you already know, exploitation of senior citizens and other vulnerable adults is a financially lucrative business for those criminals engaged in the process.  Individuals such as my father, by virtue of their observed incompetence, are quickly identified to sucker lists and the victimization and exploitation grows.  Until you personally experience the devastation of this practice, and a family member who becomes insidiously incompetent, you may not fully appreciate that what is occurring is, in fact, a form of terrorism, directed against one family at a time.  Nobody is fully immune.  Its cost to our society as a whole is larger than currently appreciated. 
I would like to see the XXXXX County Attorney’s office and associated detectives work to re-collect the lost evidence, allowing my father his due process.  I would also like to be reassured that this mistake results in some internal organizational soul searching, if not review of evidence handling practices.  This case should not be dropped due to our silence, or our distance from you, or because of your internal mistakes.   This is not just about my father, or our family, but it is much bigger than that.  This  is about GOOD vs BAD– in defense and representation  of ALL vulnerable seniors and other mentally incompetents who are victims of financial exploitationPlease don’t’ let us down.  Justice for one individual DOES represent justice for all in cases such as this. 

I am copying this letter to the xxxxxx County Court where my fathers's protection status originates, for their information, as they may also have a stake in what this case represents. 

Sincerely,

Against Senior Fraud


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