criminal defense attorney, you are often handed bad facts. I often wish I could file a
"Motion for New Facts." However, sometimes the defense
lawyer is given great legal facts from a defense perspective. For example, the
following facts would be great to have if you were the defense attorney.
Haysville, KS was Robert Contreras was accused of sexually molesting two
teenage girls in August and September of 2012. The girls alleged that
they were molested by the Kansas man after watching "Magic Mike"
with him. The odd thing about that though is, that the movie wasn't
released onto DVD until Oct. 23, 2012!" Plus, the criminal defense
attorney had pictures of the accused man on vacation with his family during
the time of the supposed molestation.
The charges were dropped less than two weeks before trial. District Attorney
Marc Bennett later issued a prepared statement about the case, "Like
all cases, the office of the district attorney has a continuing obligation
to review and investigate cases even after charges are filed." He
went on to say, "Information recently came to light in this matter
that required the dismissal in this case without prejudice."
Fortunately, this Kansas man was able to provie beyond a reasonable doubt
that he was innocent. Sometimes, that's what it feels like the standard
is. But the real standard is supposed to be INNOCENT until proven guilty
beyond a reasonable doubt. So many people just believe whatever the prosecutor
tells them. Their thought is that if you are accused, you must be guilty.
WRONG! In fact, too many innocent people go to prison. In fact, Contreras
went in to speak with police when they asked to question him. He then
spent the next seven months in Pod 19 at the Sedgwick County Jail.
The reality is, if you have this great of fact, you shouldn't have
likely been charged in the first place. The prosecutors need to be kept
in check. They get out of control, especially when dealing with
sex crimes. Who is going to give this guy his 7 months of freedom back? Worse yet.
What if he lost at trial and went to prison for life? At least this one
turned out right. An innocent man goes free.