... how many accusations of child abuse or domestic violence in the context of divorce are false?
From Lefebvre v. Lefebvre, 2011 Cal. App. LEXIS 1236, 1-3 (Cal. App. 2d Dist. Sept. 28, 2011)
Jon and Alice married in August 1995; they have two minor children. Over a period of years prior to August 2005, Alice began reading books on the subjects of divorce and money, including at least one book which included information about using false criminal accusations against a spouse in a divorce proceeding. During the same time period, Alice and Toothman conspired to bring false criminal accusations against Jon. On August 17, 2005, in furtherance of the conspiracy, Alice reported to a sheriff deputy that Jon had recently threatened to kill her and their children, and Toothman confirmed Alice's criminal report to the deputy.Yowzah! There's a book on one book on "using false criminal accusations against a spouse in a divorce proceeding"?
On August 26, 2005, authorities with the Sheriff's Department, acting in reliance upon the criminal reports from Alice and Toothman, filed a criminal case against Jon, charging him with a violation of Penal Code section 422, making a criminal threat. The charge was tried to a jury and Jon was found not guilty.
At the time of the verdict, the jurors, acting of their own volition, selected the jury foreperson to read the following statement into the record: “We, the jury, believe that the absence of any real investigation by law enforcement is shocking and we agree that this appears to follow a rule of guilty until proven innocent. There was no credible evidence supporting the indictment. We believe prosecuting this as a crime was not only a waste of time, money, and energy, for all involved, but is an affront to our justice system. This jury recommends restitution to the defendant for costs and fees of defending himself against these charges. This jury requests that our collective statement be made available in any [future] legal action relating to these parties. ….” The judge who presided over Jon's criminal trial granted Jon's motion for a finding of factual innocence pursuant to Penal Code section 851.8, subdivision (e).
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4 comments:
I took over handling a divorce in So. Cal. where it became clear that this was the strategy of one of the spouse's attorney. -D.J.
Maybe s/he wrote the book.
My dad did time in prison because his second wife managed to get absolutely false child abuse allegations to stick. It's sickening to me even to imagine that other men have suffered from such evil.
It seems to me that somewhere out there, there is a market for risk analysts and investigators who can detect lies and deceit. Who would actually use them? I know how it might work for a large organization but what about the micro-level as in cases like this?
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