I need as much advice as I can get...

To make a long story short, I reported a pedophile (my father) to the police. We tried to follow up with the department, we never got a call back. We dropped off child pornography made of my sister and made sure it would get to the deputy handling my case. Still no follow up, no case number, nothing.

My mother was battling cancer and shortly after that my grandfather died after a long, protracted awful illness. Since then we have discovered that the deputy who interviewed me did not create a report at the time (which is police procedural misconduct), the detective she allegedly forwarded it to lied to me and said the DA's office refused to prosecute because of statute of limitations (I know this to be false).

I called the DA and they had no record of anything ever being received from the police department.

So I called the police back to speak to the detective's boss. From the word go this woman was about as combative and nasty as you can get. She blamed my mom for not leaving my dad sooner even though my mom didn't know about the abuse. She inadvertently revealed that the reports supposedly written last year are riddled with simple errors. The sort of errors that might happen if the report had just been written last week to cover their @$$, instead of right after my interview.

The whole thing is a mess from start to finish. To top it off, this Sgt glibly stated that the piece of child pornography was lost or destroyed a long time ago. So, my best concrete piece of evidence that my father is a pedophile is forever gone.

I'm not letting this go. Not because it's just an awful thing that's happened to me, but because it seems to be a systemic failure of the system.

I've received a lot of great advice about how to move forward (including contacting the DOJ - we're holding off on that one for now. I don't want to escalate things unnecessarily, but how this "investigation" has proceeded is a horrible joke. How they have treated my family is a disgrace as well.

Anyways, I'm now on a crusade. I will be writing a letter to Internal Affairs and cc'ing it to every city, county, and state official I can think of, not to mention every news outlet.

I probably haven't adequately explained how horribly we've been treated. Maybe I haven't explained any of this very well as its almost 3, but any advice on avenues I can take would be appreciated. I will do anything and everything I can to make sure this doesn't happen to another child abyse victim again. I know it's an impossible goal, but I am going to do my best. No one deserves to be treated this way, least of all child abuse victims.

Thanks in advance for any advice. I value the collective wisdom of RfM. ❤️

One of your local news channels will have a segment to address this kind of thing. Once you engage the media, the police will quickly come around.

and never give your only piece of evidence to anyone - not even your lawyer. No one values it like you do.

And btw, I once reported child abuse to a school and the next thing I know the perpetrator's wife was calling me, having seen my "confidential" report lying around on a desk.

Don't fight this on your own. Find a non-profit advocacy organization and enlist their help. This will take the whole burden from your shoulders and give you some support with other frustrated victims.

We have to stand together.


Kathleen

Do you have ANY other corroborating evidence? It sounded like you lost the only solid piece. If you don't have any evidence other than your word, I doubt you'll get very far. Sucks, I know.

Just to be crystal clear, WE didn't lose it. The police did.

Their incompetence just continues to stagger the mind. For instance, today I learned they had my name recorded wrong. WTF? How can you not even get that right?

I didn't mean to imply YOU lost it, rather it was lost.
Either way, I can't see how a case can be built on testimony alone.

I would report it to your state attourney general.

RB

I don't know, but here are some ideas. If your sister is still a minor, I would report it to Child Protective Services. If you know or strongly suspect that your father uploaded and shared the pornography across state lines, perhaps you could report it to the FBI.

You need to hire an attorney immediately.

You are in over your head.

I have feelers out for attorneys who practice civil rights law, specifically police misconduct. Most specialize in excessive force though. Any other suggestions would be very welcome.

i would stop the "feelers" and start using google.

Find an attorney that practices family law in your area. Call and request a consultation. If they do not want to represent you, they will probably make a suggestion of another attorney who will.

Attorneys either charge by the hour or on a contingency basis. As you've described it, yours is not a contingency case, there is no expected pay out, you're not suing anyone in civil court.

That leaves paying by the hour, and if you have the money, there will be no problem getting an attorney to tell you, once he has your deposit for the first 10 or so hours, that he will diligent work on your case.

But what is your case? You want the cops to investigate and to file charges that the city DA or county DA will prosecute. What is a civil attorney going to do for you? He's going to go talk to the cops to try to get them to work on your case. The cops are going to be pissed. It is likely that a couple of days after your check clears, the attorney will write you a letter explaining what he did, with a hour by hour break down, and end the letter with, "Sorry about this, but I'd be happy to keep on trying. Just send me another check."

And say you figure to yourself, "I know, I'll contact a criminal defense attorney and get him/her to help because they know the criminal system!" Now, such attorneys routinely piss cops and DAs off. I just don't see a criminal defense attorney as being useful in getting the cops and a DA to help you out. Cops and DAs hate criminal defense attorneys.

elderolddog Wrote:
-------------------------------------------------------
> Attorneys either charge by the hour or on a
> contingency basis. As you've described it, yours
> is not a contingency case, there is no expected
> pay out, you're not suing anyone in civil court.
>
> That leaves paying by the hour, and if you have
> the money, there will be no problem getting an
> attorney to tell you, once he has your deposit for
> the first 10 or so hours, that he will diligent
> work on your case.
>
> But what is your case? You want the cops to
> investigate and to file charges that the city DA
> or county DA will prosecute. What is a civil
> attorney going to do for you? He's going to go
> talk to the cops to try to get them to work on
> your case. The cops are going to be pissed. It
> is likely that a couple of days after your check
> clears, the attorney will write you a letter
> explaining what he did, with a hour by hour break
> down, and end the letter with, "Sorry about this,
> but I'd be happy to keep on trying. Just send me
> another check."
>
> And say you figure to yourself, "I know, I'll
> contact a criminal defense attorney and get
> him/her to help because they know the criminal
> system!" Now, such attorneys routinely piss cops
> and DAs off. I just don't see a criminal defense
> attorney as being useful in getting the cops and a
> DA to help you out. Cops and DAs hate criminal
> defense attorneys.


Law enforcement agency tampering with evidence to quash a case? Yes you will be suing for a lot of money and yes these lawyers will listen, and yes they will want to work on a contingency.

>
> Law enforcement agency tampering with evidence
> to quash a case? Yes you will be suing for a
> lot of money and yes these lawyers will listen,
> and yes they will want to work on a contingency.
>

I am definitely open to learning.

What are the damages? When justice isn't served, how do you calculate, quantify, the damages caused to the people who are affected?

What is the standard of care for the Reasonable Man who is a police officer? There are governmental immunities, in terms of police officer discretion.

Personal injury attorneys are thick on the ground, for sure, but those who would be comfortable with this case are not. I called a good friend who spent 20 years as an insurance defense attorney and then switched to suing insurance companies. He wouldn't take this case. He said that a civil rights attorney, specializing in suing cops who mistreat people would, in his mind, be the best bet, but wonders what the damages are. It's easy to sue a cop who beats up a suspect who is in handcuffs, or keeps someone locked up via procedural misdeeds, but how do you calculate the pain and suffering of a person who takes a case to the police and winds up hurt by the fact that the police wouldn't prosecute?

There might be a case against the police officer to lost the evidence and butchered up the intake report for mis- or malfeasance, but it would not be easy to prove to a jury, especially when it was likely that there would be a host of experts hired by the defense to 'prove' to a jury that the police officer did nothing actionable.

But my friend did point out that if the OP wanted publicity about her case, filing a law suit against the police officer is definitely the way to go, even at the expectation of not winning the case. Just filing it might make the cops revisit the matter and do what should have been done the first time.

Thank you for doing this research. That's the conclusion I had reached to, but I'm just so overwhelmed I don't trust myself to make any major decisions.

Sending gratitude and good vibes your way.

It's too bad you didn't make copies of everything, dated pictures of your meetings with the police.

A person doesn't think of it when their in it until it's too late and things get botched up.

It's a cautionary tale.... anybody with serious stuff going on needs to document and date everyhint.document.document.document.
Take copies and get videos and recordings where possible.

We have documented everything extensivey, especially this past week. My uncle is an attorney and my mom is an RN, so documenting comes naturally. The one thing we didn't document or make a copy of was the piece of child pornography, because that's a felony.

I refuse to settle on being a cautionary tale. There will be justice.

For instance, on the day we made the report we have receipts from nearby, video and photos establishing our presence there, a third party witness, cell phone calls made from nearby towers, etc

I didn't know copying that photo was a felony even if it's for your litigation?

I'll never understand the legal system. (I'm not a fan of the legal system and if this is the best we've got then that 'best' needs to be overhauled because it's terrible.)

I didn't mean to downplay your serious situation by using the words, "cautionary tale".
I meant that no matter what happens you can use your story to educate people and in that way others can use it as an education (cautionary tale) for their own life.
That means that no matter what happens you can use it for something helpful. You know what I mean.

I'm so sorry to hear you're in this situation and I'm hoping you stay strong, stay encouraged and fight.
Keep educating people with the story no matter what twists and turns it takes.


If I know anybody who's in a similar situation I'd advise them to take an illegal photo before submitting it. So what if it's a felony. It's all a mess anyway and at least you'd have the proof.
You'd have a lot of attention if you're charged for a felony while the legal system goes untouched.
Oh, you could have had a major protest with that photo felony situation.

I support you and your strength in doing the right thing!


Take care!

Thanks for clarifying. :)

Thank you and hugs to everyone. This has been hard. In some ways, it's like leaving the church. Finding out the church was a fraud destroyed part of my worldview. Then reaching the conclusion that God (at least as I thought of him, didn't exist)... Now this.

My mom always told me when I was little that if I was in trouble or needed help to go to the police. It's heartbreaking that I could never pass on that advice now.

Just like breast cancer and HIV/AIDS have colored ribbons to represent their cause, so too does childhood sexual abuse. The color is light blue. Tomorrow I'm going to make myself a ribbon that I can pin to whatever I'm wearing. I know people will ask and I'm more than ready to (politely) tell. I will be wearing that ribbon until child abuse victims are listened to. I suspect I'll be wearing it for a long time.

Thank you again for all your wonderful advice. I have a plan of action. It may take years for accountability to take place, but I am determined and I'm never going to give up.

Love to you all.

Thank you and hugs to everyone. This has been hard. In some ways, it's like leaving the church. Finding out the church was a fraud destroyed part of my worldview. Then reaching the conclusion that God (at least as I thought of him, didn't exist)... Now this.

My mom always told me when I was little that if I was in trouble or needed help to go to the police. It's heartbreaking that I could never pass on that advice now.

Just like breast cancer and HIV/AIDS have colored ribbons to represent their cause, so too does childhood sexual abuse. The color is light blue. Tomorrow I'm going to make myself a ribbon that I can pin to whatever I'm wearing. I know people will ask and I'm more than ready to (politely) tell. I will be wearing that ribbon until child abuse victims are listened to. I suspect I'll be wearing it for a long time.

Thank you again for all your wonderful advice. I have a plan of action. It may take years for accountability to take place, but I am determined and I'm never going to give up.

Love to you all.

Ugh. This is SUPPOSED to be at the bottom! Oy vey! Sorry for the confusion.

PS I promise to keep you all up to date. Thank you all so much. Your collective wisdom is dearly treasured and you are a great comfort.

As a career criminal...

The only idea that resonates with getting a shot at justice is contact with your state department of justice or the state Attorney General's office.

Also possible is getting a local newspaper or TV/radio reporter interested.

But here's the thing: life in the big city (and suburb and the countryside) is personality driven. I once got a ticket for going 56 in a 55. The local city cop said, spittle'ing my face liberally, that I had disrespected him by passing him when he was going 55. I asked him if he had any idea what I thought of him now. That didn't go well...

Another time I got 'radar'ed' by a CHP M/C cop. When he walked up to the window, he asked the standard, "Do you know why I pulled you over?" I said, "yeah, I was going 80 in a 65." He took my paperwork back to his car, did some 'phone-home'ing' and then walked back to my window, handed me back my paperwork and said, "I'm not writing you a ticket because you're the first person this month who hasn't immediately started lying to me or insulting me. Keep your speed down and have a good day."

Obviously you've been dealing with cops like the first example. For some reason she/they got a bug up their respective bung holes. I suspect that it was likely your presentation that turned the gal off, probably compounding some other crap that was going on in her life, giving her a 'oh, what now!' headache.

Having once made the decision to 'dishonor' you and your complaint, the list of things done wrong began to grow. Now they are set in concrete in terms of how they feel about you and what they are NOT going to do for you.

All of this would be wonderful fodder for a crusading reporter or a 'take no shit' state attorney's office investigator. If you get a hold of one, great. But I'm telling you right now that YOUR attitude as you first address one or the other will determine what happens.

Here's one thing: cops (I don't know about reporters) HATE being told that what you've brought them must be prosecuted. They'd rather have reports of crime come in via 911. They don't like 'old' crimes being reported by people with a seeming vested interest in justice being done. They ask themselves, 'Why now; where were you X years ago? What's in it for you?'

Also, cops prefer it when you bring them an air tight case, with all the evidenciary Ts crossed and the Is dotted. If you tell them that you've got an old case and all they have to do is X, Y & Z, that immediately turns them off. After a few years of seeing justice perverted, 96.6% of cops have to turn off their crusading genes. They punch out at 5:00..

Moderate your voice/tone, don't be *certain* it's a dead-bang case, invite help, don't demand justice. And since you're going to have to personally indict a police department, be prepared to fall prey to cronyism.

Further deponent saith not...

What I say and how I say it to RfM is totally different from how I speak to the police. Here I'm venting.

When I did my initial interview I cried like a baby. If she hated me from the word go that's her issue. But I have never demanded justice. I just told her what happened. I was vulnerable and hurting. So please don't make assumptions about how I present myself outside of the safety of RfM. I know the ropes.

Whoops! Sorry!!

But how do you stay calm and not blow up?

You must have a lot of emotional restraint.

I don't think I could be so evenly restrained.

I'm wishing you all the best!

Generally I just break down crying, regain composure and try and reboot. I'm so far beyond a place of anger... I'm just deeply and utterly saddened.

I would agree with kolbian. Contact your local news station.

One more thing -- from what I gathered online, the police are required to take a report. They are NOT required to investigate that report. The courts give the police wide latitude in deciding what to investigate and when.

So IMO at this point, with the police being uncooperative, it is time to try other avenues.

Contact your local Victim Advocate. The county attorney or the police department can give you their info, if you can't find it. They have access to more resources than you could imagine. That's what I do for a living, so I know =) You can't have too many people in your corner.

Its also worth consulting with an attorney. I don't know if you would have a case, but its always worth checking to see if you need to take legal steps to protect your rights.

I wouldn't go public until Internal Affairs has taken a crack at it. One rotten apple does not a cover up make. I would see if I could get a personal meeting with the Police Chief and I would ask for the public records concerning the officer who didn't make the report at the time. Was it recorded? In what form did you give it to them, you may still have a record if you emailed it to her phone, through the IP company.

I'm sorry about everything you've gone through.

Thanks everyone. This is so overwhelming. I never thought anything like this would happen.

Currently the DA is being responsive and IA mailed paperwork over for us to fill out. We are keeping our cards close to our chest. I have also reached out to the chief of police.

If these channels fail to yield reasonable results, we will then start sending out my story to the mayor, governor, state attorney general, DOJ, all our legislative representatives, etc as well as every news outlet possible.

If they had found the case not prosecutable and told us (ever), that would have been something I could live with. However, getting simple details like my name and religion wrong on the report as well as the report not appearing in their records until last week (with the wrong intake date) just seems beyond the pale. That and having a Sgt glibly and repeatedly stating they lost the picture a long time ago... That's just not ok with me.

Does this seem like a reasonable course of action? Go through current channels and only go higher up on the food chain when necessary?

Thanks for your feedback, all of you. I'm so overwhelmed.

I don't know how it works in your country but in my country they might at some point ask for a record of all your correspondence concerning the case.

I'd either take screenshots and all email in a special folder.
If it goes to court they start to find all kinds of lies and may ask for all correspondence about the topic, in which case it's a mess if you haven't kept the electronics documented.

It's tough though because you need to vent.

Yes, that sounds like a reasonable course of action. Good luck!

It sounds like the BEST way to get this moving forward now is by retaining an attorney for yourself...which will cost money. If this case is as bad as described, bungling-wise and misconduct, then maybe someone will do it pro bono.

Gloria Alred may be able to help..

Good updates:

1) Chief of Police is launching their own internal investigation to make "sure this never happens to anyone again." This in addition to the investigation that will be launched by Internal Affairs. I think they get they are in deep shit.

2) Contacted an attorney today. They were shocked. They work on contingency, so we'll see if they want to take the case.

3) Obtained a copy of the "report." It is an absolute work of fiction. The Chief of Police asked for a full report like the one I will be submitting to Internal Affairs. My corrections to their "report" plus the log I've been keeping (emailing mostly to myself so it's time stamped and saved on Google's server) will be twice as long as their report, easily. They get so many simple things wrong. Some of my personal favorites are:

-They have us living in California during the wrong years
-They state I didn't bother to tell my mom I was molested at age three because I was just happy to have her home.
-They state I married a man who raped me (opposite order of events... Obviously) and have it occurring in the wrong state investigated by the FBI (wtf?).

Almost nothing is factual. They even misspell my first and last name which takes real skill.

I'm feeling much better about things tonight. Thank you all SO MUCH for your support!

It sounds like you are making good progress. Keep up the good fight!

You need a lawyer with expertise in this field.

These groups might be able to help

http://www.childhood-usa.org/stories/

http://justiceforchildren.org/

https://www.childhelp.org/child-abuse/

It's likely that the civil statute has run, or worse from the stand point of a contingency attorney, that there's no money.

The OP seems to want justice, the perpetrator held to account..

Civil statute of limitations still has about 15 months, but despite my father being wealthy, there's not enough money in the pot to tempt most contingency lawyers.

Right now, we're letting the police (FINALLY) do their job and we'll go from there. A civil case is much easier if the police have done their job well.

Thanks Shannon, I really needed this today. It really touches me that you've been looking after me from a distance this whole time.

I won't give up. They messed with the wrong girl. He messed with the wrong girl. This isn't going away because I'm not going away.

Thank you to everyone who's expressed support. I won't let you down. *hugs*