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Girl has sleeping disorder, claimed stepdad touched her

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inappropriately. Later recanted saying she...
Girl has sleeping disorder, claimed stepdad touched her inappropriately. Later recanted saying she had a dream. CPS went to house took the children. Parents called me by phone. I spoke to case worker who said they had a court order to remove children. They did not. Parents tell me they recorded conversation. How do I introduce the recording into evidence? What questions must I ask parent before offer into evidence? Is it even legal in Texas?
Submitted: 2 months ago.Category: Criminal Law
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Answered in 8 hours by:
5/30/2018
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 2 months ago
Jonathan Holson
Jonathan Holson, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 138
Experience: Associate at Martin and Wagner, P.A.
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In what context are you looking to introduce the recording?

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Customer reply replied 1 month ago
To show the children were in no immediate danger. A court order allowed D to return home prior to trial. Returned to lived w his family for almost a year when they took the children.
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 1 month ago

Is there some sort of hearing that is scheduled at this point regarding where the children are going to be living?

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Customer reply replied 1 month ago
A week ago CPS had a scheduled hearing I was present. Two left for some time, came back said they conferred with a CPS lawyer who said I'm not allowed in the meeting b/c this is a civil matter & my client's case (stepfather) is a criminal case, & they have nothing to do with each other. They even said CPS & D.A.'s office are not communicating with each other. I left client later told me nothing was decided. Another meeting took place yesterday Mom allowed visitation & phone calls. CPS hearing before judge is for 7-9-18. We had a trial docket scheduled on 5-29-18, my investigator, the day before interviewed temporary guardian, grandma. During interview complainant handed letter to investigator indicating wanted to be interviewed. In court DA told judge child did not want to be interviewed. I told judge of the letter. CPS lawyer told judge CPS has custody & will not allow child to be interviewed & walked away. I was stunned to hear judge respond, "they have custody." CPS proceeded to forcibly take the child from her family! Clearly they are punishing the child & her family b/c she has recanted her outcry. They are essentially tampering w a witness & obstructing justice!
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 1 month ago

What is your role in the case? It sounds as if you have a standing issue if you aren't going to be permitted to participate in the CPS hearings which is where you want to introduce the statement.

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Customer reply replied 1 month ago
I represent the stepfather who is wrongfully accused of indecent contact. The court excused us. I pled to coordinator to set trial 4 following week but said could not. So case will be reset 4 later date usually takes one & half months to two months 4 new date. Recently, found out state dismissed indictment & refiled the case! I think they r trying to buy time. While CPS attempts to give custody to the other grandma, who they feel will pressure girl to stay w t original outcry. I got to read newly released CPS records where complainant stated to CPS case worker that she realizes it never happened & it was a dream!! The ADA kept that exculpatory evidence from me! She had a duty to disclose.
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 1 month ago

Ok, if I follow, you are the step-father's criminal attorney. If he had some type of custodial rights, why would step-father not have standing to be heard in the child protection matter, particularly if his behavior is the basis for removal of the child? Seems to me, that you need to get a hearing before the Court prior to the trial date and argue the issue. But I'm not familiar with Texas law. Are the step-dad and mom on the same "team" at this point, or does she believe the allegations?

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Customer reply replied 1 month ago
No way does she believe the allegations. Mom, stepdad, and both kids have court appointed attorneys. The complainant's lawyer is MIA. Can never get a hold of her. I'm tempted to defend stepdad in the custody hearing b/c I don't see much of an effort being made.
Criminal Lawyer: Jonathan Holson, Criminal Defense Lawyer replied 1 month ago

I certainly think that there is value to having the same attorney handle both the criminal case as well as the Child Protection matter particularly if you have experience in the area since the same allegations are driving the train in both venues.

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