Defendant was charged for a crime in 2007.
The DA had evidence from their deposition from the "victim" himself who stated that she did not commit the crime.
The DA also had the facts from their own investigation
that she did not commit the crime.
So, the question becomes one of why did the DA pursue a charge that they KNEW had no evidence?
The answer is: so they could manipulate the Statue Of Limitations rule...they needed to have the false charge that they claim occurred in the year 2005 in order to be able to pursue another charge that surrounded seperate incident that occurred in the year 2002.
This bogus charge made it an "ongoing theft
", getting them around the statute of limitations of the 2002 claim
But their evidence shows the defendant was not involved.
The history of the relationship of the defendant and accuser is long and complicated. We will provide facts to all of that if you need the full picture,but for now,we would like to know if there is any assistance you can give us if there is clear evidence to support that the DA threw in a false charge in order to manipulate and allow them to pursue charges that they claim happened years ago in 2002, clearly outside of the statute of limitations.
Regarding the evidence to prove that defendant was not guilty of the crime:
The false charge was theft...items were in a storage unit that was leased by the defendant and her daughter. The accuser reported to authorities that he went to Colorado to inquire about a few personal items in storage that included papers and some glass.
The accuser testified in his deposition that after he moved out of the shared residence with defendant in another state that he never contacted her for his things, never gave his phone number or address, and that he specifically did not want her to know where he lived. He also admitted that he had given defendant durable and statutory power of attorney that had never been revoked.
The investigation report by the DA showed that the DA discovered that defendant resided in another state and that she was not involved with moving items out of storage. It was her daughter and hired help that transferred the storage items into daughters garage.This information was given by the storage property manager.
It was clear that defendant was not involved in this crime in 2005 and clear that the DA knew this.
Defendant believes that there is strong evidence of her innocence regarding the other charge of the 2002 incident too that was tagged on to make it an "ongoing theft" but that is material fact that would be determined by a jury.
If the false charge did not exist in 2002, the DA would not be able to file charges under the statute of limitations rule.
The case was settled by plea bargain, however, under appeal, the court
of appeals ruled that the sentence
was illegal and that case is remanded back to district court and the defendant will withdraw her guilty plea.
So we will start over now at square one.This time there will be no plea bargain as defendant wants to go to trial
The first issue is regarding if there is anything that can be done about the bogus 2005 charge that the DA used to manipulate and get around the statute of limitations rule on order to go after the 2002 accusation (also false)
Can the DA be held responsible in any way for doing this?
Can we have a seperate hearing on the bogus 2005 charge and challenge this in some way before even looking at the other charge? Is it illegal for the DA to add a charge that they know is not valid?