Legal Question in Criminal Law in California

Confession under duress leads to conviction

My father was arrested last year for allegedly touching three children (females) on their breasts or stomachs. The children were under his wife�s� care when the alleged crimes were committed. My dad has always contended that he was not guilty. However, when he was arrested (at work) he was not taken to jail, instead he was taken to his residence where they questioned his wife as well.

After they finished the questioning they took him to jail where the interrogating officer made threats to him and told him that if he did not confess to the crime he would make sure that his wife was arrested because she had knowledge that it was going on and she did not prevent it. Based on these threats my father (who still had no attorney present) confessed to the crime on the basis that his wife would be left alone.

The confession tape is missing about 30 min. from the interrogation but was allowed to be entered as evidence (his lawyer was not able to have it removed from evidence) in the proceedings. The confessions ultimately lead to my dads� conviction (penal codes 288 & 288.5) where he now awaits sentencing.

I wanted to know, what can he do to combat what we still believe are false allegations?


Asked on 7/18/02, 3:00 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: Confession under duress leads to conviction

Your recourse appears limited to appealing the conviction, if the appeal is still timely, feel free to call to discuss the process and costs. Direct action against the people making the 'false allegations' would be theoretically possible, but requires clear evidence of the falsity, not just your denial.

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Answered on 7/18/02, 4:14 pm
David Diamond Diamond & Associates

Re: Confession under duress leads to conviction

An appeal with proof seems to be your best course of action, if timely. Did your father request for an attorney before questioning began? Did they have an arrest warrant when they came to your father's workplace? There are issues here that may be useful but there needs to be physical proof, not just denial of the allegations to be favorable for your father. Please contact my office at 310/277-1707 to discuss your legal options.

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Answered on 7/18/02, 4:32 pm


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