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Ask Dave Kennett Your Own Question
Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27689
Experience:  25 years experience practicing attorney
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my brother

Customer Question

my brother who is bipolar skisophratic..a subtance abuser and homeless was accused of raping 2 elderly women..the thing is there was a seirl rapist so i feel because he was always in and out of jail for petty things that the cops pinned 2 on him and filled in the blanks.. because he is mentally ill they filled him with 100ml of thorizine because he was not compatant to stand trial then they had him wave all his rights to a speedy trail by telling him to pled no contest..i have his discovery and nothing makes sense he was sentenced to 5 life sentences and there was no dna and one of the victims had several samples in which cases was none of his..he needs help and is only 28 and going through hell in jail...any answers please..also im the only person he has im a single mother of 4 dont have much money at all so is there someone who can look into it for a Low rate? everyone i talk to says it  will be 10,000 just to look at the case i do not have that type of money..if anything he needs to be in a mental insttution

Submitted: 5 years ago.
Category: Criminal Law
Expert:  Dave Kennett replied 5 years ago.

-Could you explain your situation a little more?
Was he represented by counsel in all of this?

If he was incompetent to stand trial how was he competent to enter a no contest plea?

Customer: replied 5 years ago.


he was incompentent twice stated by 2 different public defenders which he had one and he got fired cuz he himself was on crack the he got another one then seen by the state attorney psychiatrist who then put him on meds which made him pretty much like a zombie.. which i really feel if u read the discovery they were all working together after they put him on the meds of cousre he will give the answer they wanted exspecialy with all the pressure and withdrawls...im not a lawyer but if u read his discovery alot of things look made up and contridicting..had to explain unless u saw it urself

Expert:  Dave Kennett replied 5 years ago.

Dear JACUSTOMER - There are very few options at this point in time unless you can convince the public defender to try to reopen the case and have the plea withdrawn. It is virtually impossible to get a private attorney to work for free and if he pled no contest then the entire case needs to be reopened. There's not much in the way of an appeal as there might have been had he gone to trial. The only other place I can suggest contacting is the Innocence Project who assists persons wrongfully convicted. I have provided their website below for your convenience. We cannot represent clients for this website.

http://www.innocenceproject.org/