me22469
Nov 26, 2008, 05:24 AM
My husband was charged with child molestation by his 18 year old daughter in 2004. In 2007 all charges were dropped by prosecuting attorney on morning of trial. Six weeks later 22 new charges were filed, including endangering the welfare of a child in 2000. He had let her drink a beer when she was 14. No molestation charges stemmed from this charge. Within 2 weeks of trial in Sept. '08, the prosecutor wanted to drop all charges except endangerment, my husbands lawyer told him to take the plea because he had already admitted to giving her alcohol. He said the prosecutor knew that he was innocent on the other charges because my husbands daughters statements were so inconsistent and some were obviously fabricated. With taking the plea, we were promised that he would have 5 years probation and no sex offender tags on him because those charges were dropped. Now the probation officer says he has to take a polygraph, see a sex therapist, and provide D.N.A. for the national database. She told us that she is doing this because they want to see what he thinks about privately. She also said you wouldn't get her to take a polygraph. (Trying to use scare tactics?) Any way, I just found out that the statute of limitations had expired 4 years before the charge was filed on Endangering the Welfare of a Child. Can we have this overturned? We live in the Bible Belt, rural Missouri, with one Criminal Court judge, and my husbands lawyer has stopped answering our calls. We are out of money and this has already caused my husband to have one heart attack that the cardiologist says was stress related. In his words, " He is too physically fit and healtly for it to be any other reason. " Can anything be done?