Legal Question in Civil Litigation in Virginia
my wife is a day care provider, 6 months ago she was charged with delinquency of a minor for possible shaken baby. she was charged with out any evidence against her, and no evidence that a crime was even committed. every lawyer that has had access to the case is shocked and confused about what is going on. nobody understands it, the case was continued back in february to be tried in may, last week the da finally looked at the case, she called and told the lawyer that if they didn't find any evidence by the next day that she would drop the case and ask for a dismisle, the night before the trial day the da was talked into asking for a continuence instead of a dismisle by the detective and mom of the baby. the detective convinced the court and da that when the baby was first examined somebody told her the child had a cracked skull and that it was done intentional, we have the first medical report sent to our lawyer from the detective, it states no nonaccidental injuries found and not suspected. the detective then had a reexamination with the vcu specialist in babies since the first doctor did not even do a skeletal scan or xrays, the second doctor did not find a crack or fractures at all, past or present. they found that the baby had 1 very small hematoma in the brain, and stated possible nonaccidental,report left it open to be anything espcially since the child had a siezure with the mom. so today a continuence was granted to find if there are medical records from the first doctor that would support the detectives version of over hearing someone say a cracked skull even though by her having the child reexamined found no evidence of any kind of cracked skull. so they continue to try and prosecute even though they have no evidence of m wife or crime knowing that they asked for another 3 months to search for evidence that would make no difference since they claim some mysterious person at the first hospital said he had a crack and then they proved themselves that this is false. our lawyer says that he thinks we have a good case of malicious prosecution and false arrest. I realize that there is nothing we can do until this is over but when the truth finally comes out that we were completely innocent and that they do not have even evidence of a crime, what can we do, can we sue for this outrageous abuse of power, are they doing this to others? this has been an absolute nightmare for us, all parents past and present stand by my wife, we have never had a problem or even a complaint, we have lost faith in the justice system, this has been ridicules, the mother of the baby also has alot against her. what are our options
1 Answer from Attorneys
Continue to follow the advice of your lawyer.
As for your question "are they doing this to others?". The answer is most assuredly, yes, "they" are. One of the former owners of the daycare center in Edington, North Carolina, known as L'l Rascals is apparently still in the state penitentiary, having been wrongly and falsely convicted some 15 years or so ago based upon evidence fabricated and coaxed from the febrile imaginations of very young children who had attended that daycare center.
The McMartin School owners in Los Angeles and daycare providers in Wenatchee, Washington are other examples of victims of unjustified prosecutions based upon fabricated evidence wrought from the highly impressionable memories of small children under the tutelage of utterly misguided social workers and in some cases law enforcement investigators.
The facts, of course, in your wife's case are somewhat different from those of the
above, but her case would appear to involve the same kinds of "two dimensional" prosecutorial mentalities that sent innocent folks in the above-referenced cases to prison based upon evidence that was patently false as well as falsified.
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