Janice’s Journal: 23 Years of Registration For a Rape That Didn’t Happen

What if I told you that I know a man who spent 23 years on the registry for a rape that didn’t happen?  Your first instinct might be to deny that could occur.  After all, there are safeguards in the criminal justice system that should not allow it.

First, the police must have evidence in order to arrest a man.  Second, the prosecutors must have evidence in order to try him.  Third, the public defenders must provide the man with sound legal advice regarding whether or not to enter a guilty plea.  Finally, the court must ensure that a person who enters a guilty plea understands his legal rights including the impact of his plea.

The criminal justice system failed this man at every step.  First, the police arrested the man, who was an 18-year-old high school student, based upon the statement of another high school student.  She first told her father, then the police that she had been raped.  She later falsely identified the man, a fellow high school student who had never spoken to her, as her assailant.  Based on that identification, the police arrested the 18-year-old man and he was sent to jail where he stayed for a long time because he had no money to pay the bail ordered by the court.

During this time, the alleged rape victim was physically examined and a rape kit was used to confirm what had happened.  The results of that procedure were clear.  There was no rape. 

Unfortunately, these facts did not stop the machinery of the criminal justice system.  The prosecutors continued to prosecute the man and kept him in county jail.  The public defenders told him it was likely that he would be convicted of rape and that he faced a long prison term, perhaps 10 years or longer.

After spending nine months in county jail, the man was afraid of spending 10 years or longer in prison and finally relented.  He agreed to plead guilty to a rape he did not commit.  He did not know at the time, however, that there had been no rape.  Why?  Because neither the public defenders nor the prosecutors revealed that fact to him.  It was a fact that was kept from him for a very long time.

As the result of his guilty plea, the man was required to register as a sex offender.  He was not allowed to return to high school in order to complete his high school education.  He could not find a job.  He could not find housing.  Therefore, he was homeless and often slept in alleys on cardboard if he could find it.  On bare streets if he could not. 

During the cold winters, he would travel on city buses for hours at a time just to stay warm….and safe.  When the buses shut down for the night, he waited until the BART system opened so that he could be warm and safe again.

Ten years after the man pled guilty, the alleged rape victim recanted.  She admitted that she had not been raped.  She admitted that the man she had identified had never physically touched her.  She admitted this to the public defenders and even signed a sworn statement to that effect.  That did not, however, end the tragedy.

Instead, the public defenders promised to help the man clear his name.  The public defenders did not keep their promise and for another 12 years, the man was punished by the requirement to register as a sex offender.  During that time, he worked intermittently and was often homeless even though he married and fathered three children.  Why?  Because he could not live with his wife and children in their Section 8 housing.  His inability to live with his family ultimately resulted in a failed marriage.

That brings us to the present when more than a decade after the public defenders promised to help the man clear his name and more than decades after he entered a guilty plea for a rape that did not happen, they finally honored their promise.  They filed a motion to vacate his conviction and that motion was granted.

And so is there a fairy tale ending to this story?  The answer is no.

The man continues to suffer because of his 23-year requirement to register.  He is still listed on privately owned websites as a sex offender.  He still has difficulty finding a job. 

His hope today is that he can find peace.  My hope for him today is that I can help him find justice as well as compensation for his losses.  This story will be continued.

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Again, it is not a justice system, but an American legal system where victorious results for the DA, regardless of how they got them, are more important than the facts themselves showing otherwise for people who are unjustly charged.

Sounds like all those involved should be arrested, prosecuted, and convicted of misconduct. Now that would be true justice along with a few hundred million in damages to the guy who was labeled a rapist and sex offender.

First and foremost (in my view), the DA that prosecuted that case should be found and barred. Then sued into oblivion. Pretty sure that’s justifiable under the Brady rule.

It also highlights the problem with the current plea system. As I understand it, when taking a plea, the defendant acknowledges the evidence is sufficient for a conviction. The fly in that ointment is that the defendant isn’t the trier of fact – a jury or judge is supposed to be. But in plea hearings, there is no jury and the judge never sees the evidence. Essentially, the DA becomes the trier of fact, and is far from impartial. And let’s face it, their concern for truth and justice is a VERY distant second to their precious 100% conviction rates.

So was the woman prosecuted for filing a false statement? What about the prosecution for willfully withholding key evidence? I don’t understand how within the system are never seemingly held accountable for destroying people’s lives. This man needs to at the very least sue his accuser for libel. No one should be able to argue that the statements made against him very drastically altered his life for the very worst.

First, I’m sure we all feel deeply for this man. His life, up to this point, has been thoroughly destroyed and although he has been exonerated, there is nothing that can be done to make him truly ‘whole’ again, in my opinion. And even though he MAY (or may not) receive a just sum in compensation from the State (wherever this took place), money alone, while certainly a nice thing, never truly compensates for such a loss, in my opinion.

Secondly, when in God’s name will anyone in the criminal justice system ever be held personally accountable? Should one wear an officer’s uniform, or a suit and tie, or a judge’s robe, ‘qualified immunity’ is invoked, and they all get a pass. Rarely, very rarely, in response to cases such as this do we read about meaningful changes in policy, procedure, or the law.

When it comes to the “complaining witness” (the young lady), well, God only knows why she did what she did. She was young and her brain had yet to achieve full development. It sounds as if, some 25 years later, she now feels guilt and shame and, hopefully, realizes what she has done to this man. To me, that’s punishment enough for her. Should the accused find it within him to forgive her, then he is blessed. I’m not sure that I would be capable of doing the same.

Should we be able to maintain our democracy, where our votes count (and are counted fairly), we must elect politicians who will strive to reform this system. It may take two or three generations before real change occurs, but as Dr. King famously had said, “The moral arc of the universe is long but it bends toward justice”. We have to believe that’s true. And then do the work to make this happen.

One more quote. This from Emerson: “God will not have his work made manifest by cowards”.

When the hoard of Law Enforcement raided our home the first thing two detectives shouted at me were “kids don’t lie.” In which responded back to them calmly, “kids lie all the time.” This story is an ongoing repeated tragedy.

Speaking of which. Has anyone on or off the registry tried suing websites that use our information for harass, make money, and such? I know he state can publish it, but private entities?

Everyone involved in this case, from those who wrongfully accused him, prosecuted him, or failed to defend him, needs to be sent to prison TODAY for a minimum of 23 years, plus turn all their assets over to this man.

That is literally my story, except that my supposed victim didn’t wait 10 years to recant her story. For context, we were smoking crack together back in the early 90s when the drug and its effects were only known to drug users, and giving females crack for sex was common. Men gave females crack and females did whatever we wanted them to do. I had been giving my supposed victim crack for oral sex for many hours. When I used crack I was only ever able to get an erection if the female performed oral sex so she had been giving me oral sex for hours until I ran out of money, and she started to have breathing problems and began hallucinating about her dead mother (in the prelim transcripts), and began to damage my furniture by throwing things. I called 911 for help and admitted that we were using crack when she became hysterical (in the police report). When help arrived her lies started.
(Everything that follows is in the police report, court transcripts, or other case files)
The first lie was to tell the responding officers that I had tricked her into my apartment where I violently attacked her and attempted to rape her. Her story and the police report get confusing from there but I was arrested and sat in county jail for months. Before the preliminary hearing she told a second story to the DA where she admitted that she was using crack with me but did not disclose that she had performed oral sex on me numerous times. At the preliminary hearing she told a third story and admitted that we were naked in the shower together, and in my bed naked with me, but she never recanted the part that I had attempted to rape her. The public defender never once brought the 3 different stories to the attention of the judge and even allowed the DA to tell the court that I had signed a confession, which I did not. Months later, on the day of the hearing, my public defender also intimidated me into accepting a plea deal which I should not have done but did for the same reason most indigent defendants do. Years later I obtained all my court documents and discovered that on the day I accepted the plea deal the DA was unable to locate my supposed victim and the case would have been dropped that day, but the public defender never told me that. The rest is history. And that’s of course the short version. So there are many stories like the man with a 23 year requirement to register for a rape that didn’t happen.

In My case I was accused and convicted served 7ys. 8mos. Then several years after My release the Victim recanted via a signed Notarized confession, shortly there after committed suicide. The courts now won’t hear the case because they cannot cross examine the Victim….10grand down the drain and I’m Still on the registry! Time to abolish the registry because due to all these high profile sex cases lately, the registry is a hit list for would be gang stalkers that want to hurt, maim, kill, destroy property and animals and even go after family members on occasion. The System is Broken #DEFUNDTHEREGISTRY

  While I have to admire Janice and her team out in Sacramento as well as the ones on here that are geared up to speak out about this registry . Yes we are going into a New Year and yes we all look for positive results to end much of this sex registry for all. Now many of you have some great views and comments on here. Even during this past Christmas Season and even now. Sure we can all text to much but we all need to stay in guidelines. Stick to the theme and topic and at times that can be trough. Remember Janice is a counselor so we all have to show respect to her and the team as we all are guest.This 23 years on the registry is a bit much for anyone.and he was absolved for a crime that was a bit muzzled.

Sure speaking out is very important and yes pride and prejudiced can go a long way. Yes I grew up in a black neighborhood even with Spanish and Italian folks and a mixture. One of my HS friends family which was Italian, owned a club and yes growing up we still had blue laws. This inception of the registry is a bit of a cut throat issue for many involved and no matter how bad it is the base formula is based on sex to induce another and subject material.

Sure I’m a tier 3 and I hate to say it as my mouth at times overloaded my ?????. I even hope you all can forgive me and yes I was always looking for constructive correctness . Sure I’ve been in the bottle in and out of Jail a few times some dui’s before I straightened up. Yes I’m from W,VA and now live in VA.

Laws are and can be tough here in VA Commonwealth state one of the original. I hope for the New Year we all look forward to much of this registry being torn down for all. And oh yes we also look forward to DC as that is a great idea and plan Janice and her team Came up with. Yes the battle is not over until its over. Here’s to looking forward for D.C in 2023 and I wishing you all a Happy New Years!

There are currently 294 names of people on the National Registry of Exonerations that were convicted of child sex crimes-234 of those names are people that were arrested, tried and convicted of crimes that never happened. When a person can be arrested on an accusation, and that same accusation, usually well bolstered can convict a person of a class a felony-then I think our judicial system has a serious problem. There is no presumed innocence against a charge like this. I wonder how many actually factually innocent people there are in the us prison system. 1 is too many.

I could do one better in1980 I was charged with kidnapping False Imprisonment assault w/ intent to commit a felony and Rape 1981 I was convicted of PC 261. “Only” went to trial the entire case was bases on RAPE Charge. Here’s the kicker 1. there’s was a conflict of interest that I was not present to witness or to exercise my right to obtain my own Attorney yet the Attorney was choicen by the DA who took over the case. 2. The So called victim changed her story three times. 3.Both Police Officers claimed there was no Rape. 4. There was not evidence, no picture, no description on the police report for bruises. No evidence presented at trial.4.there was no mention of them other 5 guys involved one of which fondled the Victims breast ( the main actor). ( reasonable dought).5 there’s was two blacks gentlemen I wanted on the jury, and four young adults but the DA refused all my picks yet selected. Elders and people who did not understand English well.( my peers) 6. both Court appointed Attorney and DA refused to let me testified. 7. My Court Appointed Attorney did not cross examine the wittiness. I was found guilty of P.C .261. Only.was ask by the DNA. to give the names of them other males involved in will be sentenced to 4 years and would have register for ten years I tock the deal … I ask my C.A. Attorney to file an appeal ineffective assistance of counsel he said he would , after many attempts from my family I wrote a letter to then Govemor George Dukemajaim who referred my case to the State. My former Attorney then filed a late appeal….in 1995 the DA who prosecuted my case was charged along with two other DAd were all disbarred from practicing law. I also had to have my DNA taking and requested a court hearing since they tock DN I have a right to. A court hearing but The DA said no that’s not true. Now I once again filed to get off the register and having resentence. I got to my grave claiming my innocents.

Yes 23 years is a long time but I’ve got one up on you, I’ve been registered for 38 years. and I’m innocent of the crime of Rape.
1.Let me explain I was going to court for Rape I had a P.D.who told me walking with me to court your going home we got this case won there’s no evidence against you.
I waited for over 2 hours sitting in the dungeon alone everyone else was called but me. Then I hear my name I thought cool its my chance, and then the bailleft yell out my name , instead of going before the judge he hands me a piece of paper on that paper was the ph number to the Conflict of Entrust Administration. I did not knows what that was all about. at the time. ( I never went to court for a conflict of Entrust I was never ask if I could afford an Attorney. ) I was release on bail. I called the courts they explain the situation to me and told me To call my Attorney who the DA assigned to me. Without my knowest.
2.durning the trial selection I ask for 2 black men to be pick, of course they were shout down I ask my lawyer he said they D.A. always has the last say, the jurors were not of my peers, elderly some didn’t even speak or understand the english language well.
3.At trial the victim was couch to leave out certain important details such as the other males the sole actor was fondaling her. ( its in the police report.) REASONS ABLE DOUBT! Theirs was 5 others involved not me acting alone.
Both Police officers each with 15 yrs of experience both got one the stand and testified there was no rape. They did not found any evidence and then victim had no scared that show her being held down or of an ice pick ?
4. My court appointed attorney did not do anything to help my case one motion he made was my juvenile record can’t be ued since it was sealed. He never ask them victim about her being high on that day ( that was the whole purpose of the ride to the park, was to smoke Meth.)
5. I was found guilty and then D.A approached me after sentencing and offer me a deal if I give up the other 5 males involved in bed sentence to 3 yrs and I would have to register for ten years. Yes I gave him the names..
In 2005 it was watching the news a five year study of DA who were manipulating, defendants lieing and withholding evidence on Rape and Murder cases. One of the DAs was the one who tried my case. The series is called tainted trials stolen justice.

I’m writing a book call When Justice Fails If you don’t mind I’d like to add your story to my book, please contact me of your interested.

Your article about a men who spent 23 years o. The registry for a Rape he didn’t commit. I wish you would read and take heart to what I’m going to tell you Its TRUE and proof is in the pudding. In 1981 I was convicted a penal code section 261 which is rape I was paroled 19 84 and had lived out here on the streets without come in any other events but that’s not the issue here the issue is about the article an article that I am firmly aware of that I am a victim of in Santa Clara County there was three district attorneys who criminally manipulated possibly accused falsely informed did you just go system and allowed convictions of murder rape kidnapping to be convicted or I am one of those the San Jose Mercury News did an article in 1985 and exposed those three attorneys who have since been disbarred and that was the only action taken in my case there was no rape but police officers 35 years in the sexual division claimed in court there was no rape at the time there was no DNA but the police department could take pictures of the bruises and a hospital report of tearing in the the vagina area which none of that occurred I was waiting to appear in court with the public defender a conflict of interest occurred and I was given a court appointed attorney without my presence a violation of the absentia rule no evidence was ever presented it was her word against mine that just attorney assigned to my case worked hand in hand with the district attorney to get a conviction there was 17 violations constitutional violations and to this day Santa Clara County are still corrupt and still withhold critical and Vital Information that could set me free from their registry and give me my life back one I’ve continued to ask for my transcripts that have never received which will prove Beyond A Reasonable Doubt that what I’m saying here is the truth there was five other Nails Hispanics one of them being the main actor who fondled the so-called victims breast at jury trial I was found guilty from a jury not of my peers it was hearsay her word against mine ineffective assistance of counsel because he didn’t represent me he didn’t stand up for me he didn’t allow me to cross-examine or to get up on to stand I swear under penalty of perjury that the statement is true I never committed a rape and if I could ever get somebody to help me to prove it my life would be much better this situation is not uncommon there’s a lot of men in prison 17 that I know of that I’m adding into my book when Justice fails that have been falsely accused because of hearsay of a sexual assault something needs to be done and I forgot to mention the corruption in Santa Clara County that the clerk’s office could change the abstract of judgment as often as they want as many times as they want just because they can three times my abstract of judgment has been changed and I petitioned to have it amended to read only one conviction and they refused