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Janice's Journal

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.

How stupid does a person have to be to believe “kids don’t lie”? Stupid enough to “work” in law enforcement? Yes.

Let me tell you, I’m way done with these Registries and the law enforcement criminals. The Registries killed any remorse that I might’ve ever felt about anything that I did. Today, I could not possibly care less. I don’t care who is a “victim” and who isn’t. Don’t care what happened to them. Anyone who supports the Registries can die in a fire.

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.

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.

This sounds about right.

And this type of stuff is what government prefers to prosecute instead of actually trying to prevent or solve actual crimes. The truth and reality aren’t terribly important to them.

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

There is a legal organization called The Innocence Project that works to exonerate wrongly convicted murders through DNA testing and works to reform the criminal justice system to prevent future wrongful convictions. Yet, wrongly convicted sex offenders go to prison on flimsy or non existent evidence, get released, and then we get a new and more damaging type of life sentence without the chance of appeal or exoneration, no matter what the circumstances were because it’s not socially acceptable to suggest that a sex offender might be innocent. The concept that we are all “guilty as charged,” and dangerous, is ingrained in the public psyche. So, our most effective weapon is to change the public perception. And we can only do that with paid Public Service Announcements that reach the public; because talking to just the Legislators is never going to get us what we want. If we speak directly to the public by telling stories like ours, the public will talk to the Legislators and Legislators listen to their voters. That’s how we get justice.

Last edited 1 month ago by Just me

System,, Broken …………. No Faith, No Trust in it.

BTW…
WARNING: In Kern County there is a Phone scam happening right now.12-17-21. dep. Charles Scheafer warrants div.#6616665665 is a SCAM ,, DON’T BITE!
Just tried to get Me!! Report Filed

  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 agree with you completely, Lisa. When it comes to a sex offense, the accused is deemed to be guilty until he/she can prove he/she is innocent. When that happens, the Constitution is turned inside out.

Yep, the Amerikan legal system is a joke. Obviously if something has not happened then it cannot be proven that it did. But I think innocent people are convicted often. I don’t trust our legal system at all.

I think the problem lies pretty much in the fact that most Amerikans are f’ing stupid. I’m not a genius by any stretch, but I know the difference between a proven fact and my opinion or feelings. I think most Amerikans don’t. They are really, really dumb people who think they aren’t. The Registries are a perfect solution for them. A simple, stupid, useless solution.

At the risk of sounding overly clinical – because I hate it when others do it – while stupidity is a very valid description of why the public just goes along with what has long been proven to be a broken justice system that regularly sends innocent people to prison, the more clinical diagnosis for why they just blindly accept it, is a a matter of social conditioning, where no one wants to be the odd person out. It’s called “groupthink.” [Groupthink is when a group of individuals reaches a consensus without critical reasoning or evaluation of the consequences or alternatives. This desire creates a dynamic within a group whereby creativity and individuality tend to be stifled in order to avoid conflict.] That’s why, as I previously suggested, the only way to change the registry is to change public beliefs about who is being sent to prison for sex offenses, how they are being convicted, and why the registry is ineffective in its current form.

Interesting. I don’t know that I’d describe what the public does as “just goes along with … a broken justice system”. They are part of the reason the justice system is broken. For example, I’m sure you’ve seen jurors interviewed after a trial where they say things similar to, “I just knew he was guilty because I feel like an innocent person just doesn’t act like x, y, and/or z.” That’s the kind of rampant stupidity that I’m talking about. Sure, the person “feels” that way. Heck, they might even be right. But that simply is not proof. Yet I think people are convicted based on that kind of nonsensical “thinking” all the time.

I don’t agree with your last statement. I don’t think the Registry should be changed in any way. It needs to go. The things that you described are what lead to a Tiered Registry that only lists the “worst of the worst”. But that Registry is still idiotic, worse-than-worthless social policy. There is simply no way to justify Registries. And if there is, then there definitely is no way to justify not having 100+ different kinds of Registries and applying all of the same harassment to all of those people. For example, there is no way to justify that a “sex offender” needs “therapy” but a “gun offender” does not. I don’t care what self-proclaimed genius says that there is. They are liars.

I don’t know the best way to get rid of the Registries but I think the main way is to help people understand that they are worthless. To me, I see that every day in my own life and it is trivial. If I have 2 neighbors, it doesn’t help me at all to know that one of them has spent time in prison for raping someone (or worse, for breaking into a prior neighbor’s home in the middle of the night and shooting someone!). That doesn’t help me in any way because I don’t assume that all of the other neighbors haven’t done the same or worse. Or even more important, which one might do what in the future. I’m not so naïve that I believe “past behavior predicts future”. Bullsh*t.

My quick, simplistic way to get rid of Registries:

1. Educate the vast population of dummies that Registries are worthless.

2. Get 100 more Registries created and harass everyone.

3. Help the dummies understand that Registries actually gravely harm every single person living in Amerika. It puts everyone in danger. It harms everyone every day. The degree of the harm is the only thing that is debatable. But it is magnitudes higher than most of the simpletons can comprehend even. And also, they don’t really care. As long as they are getting off and not being hurt directly, Registry Terrorists don’t have concern for others.

4. Emphasize they are out-of-control big government, with a billion laws, that wastes piles of resources. We could take those resources and actually prevent some crimes. Or solve some. Instead of helping Karens jack off on themselves.

5. Ridicule. I really do think that only pathetic, helpless losers really, really want Registries. That should be pointed out. Maybe we have to use pictures, memes, and Tik Toks, I don’t know. That might be about all that reaches them. But who wants to be thought of as the incompetent, whining, dummy Karen? Although given our recent experience where some people have been proud to be called “deplorable” or whatever, maybe this approach wouldn’t be all that effective. It affects smart people.

Will – Good Points. Changing the registry is not acceptable. It has to be abolished once and for all. One of my biggest pet peeves is that people just don’t see the reality of just how stupid the registry is. The Tiered Registry is proof in itself. So many people are now listed publicly in Tier 3 because the new law 1. Added offense codes 2. Added people based on their risk score, who were formerly not disclosed. All these people were not disclosed for decades, and for the risk score category, they had the same risk score all these years. So, the public was deceived all these years, living next door to a horribly dangerous person (sarcasm), and they were not protected? So, why now? Nothing changed with that person, they have not re-offended. So WHY are they being put in Tier 3 now, after all these years. The public should be outraged that this important information was withheld from them (Sarcasm again) for often decades.

Yep, the Registries have to go and as long as they exist there must be actual war.

You are right. We’ve seen that the criminal regimes are not capable of intelligently, fairly, or morally running a Hit List. They just can’t do it. And the dumb Amerikan public can’t intelligently, fairly, or morally have or use a Hit List either.

I haven’t paid much attention to CA’s new “tiered” idiocy. It doesn’t affect me directly. But if what you are saying is correct in that they are now adding people onto their Hit List who were not listed before, the idiocy of that is truly stunning. I mean, I think you’d have to be a really, really, really stupid person to think that was a good idea. Did I mention stupid too? To an astounding degree.

But anyway, I imagine it is a bunch of kids who write these “laws” for the legislators. A bunch of kids who don’t know very much and aren’t very wise. Most of them likely don’t know their a**hole from a hole in the ground. They write the nonsense with only a tiny amount of thinking. Then they present it to the a**hole, criminal legislators and those scumbags love oppression and growing government. Then it becomes “law”. Registry Terrorists deserve constant contempt and disrespect.

Your response to my opinion is how problems get solved.

I don’t disagree with anything you said. In fact, you said, “help people understand that [the registries] are worthless,” which is also my argument. I think our only real disagreement is that my focus is no longer on being angry that I’m on the registry (and will be for the rest of my life) my focus is on the solution. And I believe the solution is to take our case directly to the public who are in fact victims of groupthink. In all that you wrote, you never acknowledged that the concept is real, and it is relevant to our legal quagmire.

Having said that, I’m now going to step on the 3rd rail of being a member of this group of California’s most despised human beings. Because if I wasn’t willing to step outside the box and call a thing a thing, then I would myself be guilty of falling victim to groupthink in order to avoid conflict. But I’m an old recovered crackhead who survived much worse than a little ridicule at the hands of my peers. So, here is truth.

While it is unfortunate, and something none of us wants to acknowledge, there [are] some of us who are dangerous, and need to be monitored, and the continued denial of that fact does not serve our goal. The registry is not the tool to use for that purpose because it endangers the life of the person who needs to be monitored. But there are safer and more effective ways to accomplish that task, and put the taxpayers dollars to work where they are needed the most. Call it one in a hundred of us who do need to be monitored. The rest of us should not be further punished after we serve our sentences, whether we were actually guilty, or just victims of a broken justice system.

When we begin to articulate the truth about those few who need to be monitored, and suggest ways for that to happen without endangering their lives, we are changing the narrative and becoming more believable to those who prefer to paint all of us with a broad brush.

Oh no! There I went and stepped on the 3rd rail.

@ Just Me ,Excellent post .
Group think has always been used by the controllers of society to advance false narratives and agendas. And the corporate news media has been their effective tool to get it done. Even though, in response to a lawsuit against the media a couple decades ago, a federal judge ruled that corporate media has no obligation to tell the truth. But despite this, people still allow what they hear on the “ news” to be downloaded into their heads, parrot it, as if it reflects reality, and it becomes the consensus. It is fascinating how easy it is to control the thoughts and emotions of the masses.

In order to change public opinion, individuals must realize that most of what they have been told most of their lives by a box in their living room is a fabrication and delusion.

I think people are starting to see this, but we need a mass wake up.

Wow! There was absolutely nothing nondescript about your post, and that kind of knowledge shouldn’t be ruined with an unnecessarily wordy reply; so, I won’t ruin it with an unnecessarily wordy reply except to say that I hope others who use this site will read your post so we can get busy “waking up,” and realize that if we want to change public opinion regarding the registry then we need to speak directly to the public.

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