Legal Question in Disability Law in New York
charged with rape of a minor
my son in law has been found guilty of rape of my 9 year old grandaughter.he is presently in jail.the alogationd were reported by my daughters ex husband who has done this before.my question is how can a man be found guilty when there was not any dna evidence or any other that was concrete, nor was the child penetrated. the child stated that he penetrated her and described things such as no hair in his private area,not true. he had a burgulary charge of 2 years ago and has not been any trouble since he married my daughter.he is facing 25 to life for something he did not do.how is this possible?and are there any other cases aquitted without any evidence.
1 Answer from Attorneys
Re: charged with rape of a minor
This must be very difficult for your entire family. The medical evidence indicating there was no penetration and the inconsistent testimony of the child should have been very influencial. The fact that the ex-husband has made these claims against other men in your daughter's life is also significant evidence.
You are describing the basis of a very strong appeal for a new trial on the basis that the judge's decision (or unfavorable ruling of the defendant's JNOV motion) was capricious and arbitrary.
I cannot give stronger advice without seeing the trial trancript; however, this may be a strong appeal. If money is a problem for you in finding a lawyer, legal services Corp and the Public Defender can help. I worked for a public defender's office (Albany) doing just these appeals. It would be nice to defend someone innocent for a change.
You are welcome to a consultation for no fee at my offices at 42 West 44th Street, NY,NY. Please call (646) 591-5786 for an appointment first.
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