J. Soltys's Weblog

April 25, 2008

False Accusations: A True Story – All Charges Dropped!

   A family court judge has dismissed all charges against my friend Josh. He had been facing three counts of battery for alleged assaults against his wife and one of her daughters (the accusation of molestation upon the daughter was eventually defined as an aggravated battery charge).

To read the complete story, (written in four separate posts), click on false allegations in the sidebar of this page

Two days before the criminal trial, the eldest daughter of Judy called Josh saying she, her sister, and their mother wanted a secret meeting with Josh; meaning they wanted no lawyers present to discuss the division of assets – particularly the business.
Josh refused to meet with them because of the permanent restraining order that is in place. If he met with them, he would violate the protection order and face the legal consequences.
The daughter tried to reassure him that nothing was going to happen. She said they would never tell anybody. Josh just laughed at the audacity of her to make such a statement considering everything they have accused him of.
His reluctance to meet, and his sarcasm towards their assurances caused the daughter to become hostile with him. She began blaming him for everything, stating that if had he not asked for a divorce from her mother, all of this would have never happened to him.

“Imagine that,” Josh said to me, “If I didn’t ask for a divorce, they wouldn’t have had to file false charges against me! I told you these three women live in their own world. They have no guilt, no shame, and no morals. I can’t wait to get far away from them.”

The next day Josh received a phone call from his attorney. It seems Judy had contacted the district attorney handling the criminal case and was pleading for a continuance. She claimed the youngest daughter, the one Josh allegedly molested, can’t make the court appearance to testify about the incident between her and Josh. Seems she has a test at school that – strangely - is more important than her testimony in this serious violation of her safety and well-being. This is not the first time she has done this. In a pre-trial, she was supposed to appear and give her testimony about the incident, but strangely, she had vacation plans that were much more important. At that time, Judy contended her daughter couldn’t get out of that commitment, so she didn’t appear then.

The district attorney made a phone call to Josh’s attorney asking for new trial date. Josh’s attorney refused. He told her, “When I first presented this case to you, you admitted it sounded “fishy”, but you still chose to proceed. It should be obvious to you that this is nothing more than a perversion of justice by these women and their lawyers. Doesn’t it seem “fishy” that every time this woman is asked to testify about the allegations she has placed against my client that she cannot make it… she always has something more important going on? You and I both know these accusations are nothing more than spite and revenge, and are being used as a leveraging tool against my client in the divorce proceedings. I refuse to play this game any longer.”

Josh began formulating his own thoughts after hearing about Judy’s call to the district attorney asking for the postponement. He felt the “secret” meeting to discuss his role in helping them run the business after the divorce was a setup.

“I feel their plan was to find a way to hang a noose over my head until I gave them what they wanted. I think the meeting would have consisted of them telling me what they wanted, and if I didn’t agree to it, they would have called the police saying I broke the restraining order, and would have said I threatened them in some way. It would have been a surefire way to screw me and return power and control to them. She could keep her word about dropping the previous charges, but now she would have new charges to pressure me with. I would have been back right where I was before,” he told me over the phone.
“And I now feel it was a desperation move. I was always close with the youngest daughter, and that is why I was shocked that she would take part in these false charges. But, I now feel that I was right about her – she can’t do this. Her conscious is getting to her. I’m willing to bet that she is refusing to testify against me. Twice she wouldn’t come to court. This has Judy in a panic.
(Note: The daughter’s testimony gave credibility to Judy’s accusations. Every person involved in the legal system that I and Josh talked to agreed that the daughter’s testimony was key to Judy’s credibility. Otherwise, Judy’s accusations, made only after Josh filed for divorce, would appear transparent, and lack substance to those in the court system.)
So Judy was trying to manipulate and con me into doing something that would put her in a better negotiating position heading into divorce court. She could use the new false charges to pressure me into giving her what she wants in the divorce proceedings which would conclude before a new criminal trial. After she gets what she wants, she then drops those charges.”
He paused, and then said, “She’s a very scary person. She never stops scheming.”

At the trial, Josh had a female judge who presided over his case only one time previously. And this judge, according to Josh, seemed to be sympathetic towards women. This made Josh extremely nervous.
The female district attorney, who has admitted all along that these charges were “fishy”, presented the battery case by the daughter to the court and promptly asked for a continuance. Josh’s lawyer fought back, repeating to the judge what he told the district attorney over the phone – the charge is phony; she is not going to testify. Surprisingly, the judge agreed. She felt for something as important as this, she should have honored her commitment to the court. She felt the daughter wasn’t taking the charge seriously - charge dismissed.

When the district attorney presented the charges filed by Judy, she explained that Judy wanted to drop the charges. The judge asked Judy if she was sure she wanted to do this. The concern in her voice made Josh nervous. He said it appeared the judge was overly concerned that this wasn’t something she should do. The judge repeated the process again, and Judy maintained she wanted to drop the charges. The judge then dismissed the remaining charges.

Josh said the physical and emotional relief was indescribable. He said he woke up that morning with a backache, neck ache, headache, and numerous other aliments. But after the judge dismissed all charges, he said miraculously all the aliments went away, proving the power stress can have on the body. As he talked to me on the phone, he said this is the best he has felt in months.

Josh said there was one moment in the court room that bothered him. After the charges were dismissed, the judge turned to Judy and asked how she was handling all of this.
“How was she handling all of this?”  Josh exclaimed over the phone, “All the shit she put me through, and the judge asked her how she was handling all of this? I can’t believe how sexist the family court system is. This judge never asked me if I was OK. Not once. She ignored me the whole time. It was obvious that she believes all women who file charges are truly the victims, and men are always guilty of what they’re being accused of. I can’t believe the judge was openly assuming that I was guilty of the charges, and Judy was the victim. Obviously the thought never occurs to this judge that some of these women could be lying and putting guys through hell.”
“And if you think I’m being hypersensitive, do you know what she said after that? She told Judy she hopes the divorce proceedings go well. Again, didn’t wish me well, but she then tells Judy that if she could help her she would, but she does not preside over divorce cases. She said her job is to put people in jail!
I’m not that stupid … since this is family court, you know what she really means, it is her job to put men in jail. I can’t believe she was being so open with her sexism.”

Josh said afterwards he was right about Judy’s intentions to maintain some kind of legal “noose” over him for the upcoming divorce proceedings. He said before the trial started Judy approached him and stated she felt he should be forced by the final divorce agreement into helping them run the business to ensure that it doesn’t fail before she and her daughters have a chance to learn the everyday workings of the business.
Josh just laughed. He told me, “All this time she and her daughters have maintained that they were the brains behind the success of his business. This is why Judy has been so aggressive in trying get ownership. She really feels she deserves it. Now that she realizes it will be all hers, reality has set in, and now she is desperate for my guidance and knowledge.”

Before they walked into the court room, Judy told Josh she will only drop the charges if Josh agrees to meet tomorrow with the lawyers and agree to run the business for her until she feels she is ready to handle it by herself.
Josh told her, only if he walks out of the court room with all charges dropped.
Judy became very uncomfortable about that. She tried getting Josh to make a commitment with the lawyers present before entering the court room.

Josh reiterated, “I will do what ever you want, but only if all charges are dropped.”

“Do you promise me?”  Judy said.

“Yes. Drop the charges and I’ll meet you tomorrow to discuss it,” said Josh.

 

Later that day, Judy’s daughter called to tell Josh the time and place for tomorrow’s meeting.
Josh told her he wouldn’t be there – he had made other plans.
Judy was furious.

“They’ve lied all this time, and now I’ve lied. You reap what you sow. I have no intention of helping them run that business.  I’m going to be gone all weekend, celebrating with some of the friends who have helped me through all this. This business bullshit can wait. I just need to relax and recharge my batteries.
I know more shit is coming, but the playing field has changed. I plan on sticking to our original agreement where the business is hers – alone.
We’ll see how things go when there aren’t criminal charges hanging over my head… when neither one of us has that kind of power.” 

 

Note to my readers: I don’t know if this is really the end, but if anything develops, I’ll let you know. In the meantime, Josh and I are making plans to spend an upcoming weekend fishing and relaxing. I think he deserves it.

 

Contact:           
soltys.joe@gmail.com
http://jsoltys.wordpress.com
Photo Courtesy of: stockxchng.com

 

3 Comments »

  1. Is this a true story? I can’t believe this. There should be harsh penalties for false accusations. False accusations ruin lives.

    Comment by A.L. — August 10, 2008 @ 10:16 am | Reply

  2. I have been sitting here reading through your blog. It started on the rebuttal to Gloria Steinem’s so called article on Palin. Reading something like this really makes me ill. There are many times I am sick of my own gender. I know this is an old article, but I hope your friend is healing and doing well in his life. If I weren’t a Christian you would have been left with all kind of vulgar invectives directed at those women.

    There are a good women around…not all of us are what is represented by many of your articles. I would say that we are few and far between though…..

    Comment by gingerporter — September 5, 2008 @ 9:54 pm | Reply

  3. A similar thing happened to me but we didn’t have any kids, thank god. She wanted everything and to even get more for the business than it was worth. In the end she didn’t get anything she wanted, not even spousal maintenance. NOTHING. The judge saw right through her, she even had the order for protection extended for another year to make it look good. Everything backfired on her and now I really know what kind of person she is, a sick thief. What you would call a “Narsissist” I am so glad to have survived the court system. Best Wishes to you and remember noone controls anyone.

    Comment by Sean P. — October 18, 2008 @ 5:35 pm | Reply


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