View Full Version : Atm deposit
peggys123
Apr 24, 2013, 08:28 AM
Deposit is made at an ATM. What is procedure? Deposit is in bank ATM what happens next? Who opens deposits and is it done in a room with camera(s) or do more than one person open deposits?
>Threads have been merged to keep all information regarding this subject in one place.<
JudyKayTee
Apr 24, 2013, 08:35 AM
I'm sure the procedure varies - in my area my bank (and I can't address other banks) has two employees open the machine, the "money" box is removed and taken into a back room, the contents are inventoried by two employees and there are cameras.
ScottGem
Apr 24, 2013, 08:56 AM
My knowledge echoes Judy's. However, I would not recommend making deposits into a "foreign" ATM. Withdrawals are OK
peggys123
Apr 24, 2013, 04:37 PM
Thanks for answers. I am just trying to figure if the deposits are under camera and if so would the cameras show what was in the deposit envelope when opened. If a customers says they made a cash deposit would it show amount on camera? Amount being counted? Would camera show if it was an empty envelope or what was in envelope?
JudyKayTee
Apr 24, 2013, 05:34 PM
A camera would record what it was pointed at - an empty envelope, something else.
ScottGem
Apr 24, 2013, 05:59 PM
I'm curious, why do you ask?
peggys123
Apr 25, 2013, 06:32 AM
A person was charged with making a deposit and was prosecuted without that video. The prosecutor did have a video of person at atm.NO video of what was in envelope or if it was a blank envelope or if cash. Envelope was disposed of by bank and person was convicted of fraud without that video of who opened envelope or envelope being opened. No testifying by any bank employee that they opened that envelope or of what was in envelope.. I was thinking if envelope was accepted at atm and then someone had to open that envelope(was a very thick envelope) I would think that deposit being opened would be the video that should have been shown. Instead a video of person at atm which showed nothing but his face. That video at atm convicted person. A video that showed nothing but person standing at atm pushing buttons getting receipt.
JudyKayTee
Apr 25, 2013, 06:58 AM
Someone was found guilty of making an ATM deposit, no more, no less, no other explanation?
That makes no sense to me.
ScottGem
Apr 25, 2013, 09:49 AM
Thank you for explaining. What is your relationship to this person. Was this person represented by counsel?
To convict someone of bank fraud, without a) the testimony of the bank employees (both of them) or b) video evidence of opening the envelope doesn't make sense. I can't believe a prosecutor would prosecute such a case nor a judge or jury convict.
So I suspect there is more to this story then you are telling us or are being told.
JudyKayTee
Apr 27, 2013, 09:14 AM
What? I have no idea what you said - there are ATMs for deposits only?
ScottGem
Apr 27, 2013, 09:17 AM
There are special atms for such purpose they are directly accepting money and credit to your account , anyone can deposit in your accunt without going to bank great deal of task indeed.
Where is this and what bank? I have never heard of an ATM specifically for deposits. I do know that many banks have night deposit slots for customers, but generally these date back to the days before ATMs and do not credit your account until the deposits are processed, under similar procedures.
But I still think there is more to this story. I still have a great deal of doubt that someone would be convicted of bank fraud, without much greater proof.
peggys123
Apr 27, 2013, 07:13 PM
Thank you for explaining. What is your relationship to this person. Was this person represented by counsel?
To convict someone of bank fraud, without a) the testimony of the bank employees (both of them) or b) video evidence of opening the envelope doesn't make sense. I can't believe a prosecutor would prosecute such a case nor a judge or jury convict.
So I suspect there is more to this story then you are telling us or are being told.
Here is what I saw at this trial. This was a Jury trial.
Two banks were involved Bank A&B. Deposit was made at bank A and Bank B said they did not get the deposit. Neither of the banks prosecuted. The State's Atty prosecuted the case, the victim is bank B. States atty subpoenas 2 witnesses. One witness was from bank A and he was an executive from bank A. This executive said that this was brought to his attention. Then the executive was shown the video of person making deposit at ATM. Executive basically confirmed that person was making deposit at his atm. I am not sure why the executive testified instead of the actual person or persons who handled deposit and why no video of deposit envelope or of envelope being opened in front of camera or witnesses who actually handled deposit.
Next witness subpoena was of a police officer of where bank A is located. Police officer also viewed video of the person making deposit and confirmed this was the video. Police officer said he was dispatched to bank A. Police officer did not say that he viewed a video or that he spoke to witnesses who opened the envelope.Justthe video at atm. Again person shown at atm and only thing showing at atm video was persons face. Persons face was not covered no sunglasses no baseball cap nothing. Just a clear picture of persons face. The person at atm is not shown making the deposit. That part was not visible on video. The persons face and the persons hand pushing keys on keypad and you can see where person reaches into his back pocket at least that is what it looks like. The person completes transaction and gets his receipt and comes back immediately because forgot his card and removes card.
This video was the main piece of evidence that states atty used.
Next witness was a bank employee from bank B. Basically what employee from bank B explained was transactions he made(purchases) and I believe said he withdrew $300.00 cash. Next witness was from police officer arresting officer who is from where bank B is located. Officer says he investigated case and he also said that when he called bank to check on defendants account they bank B said he still had a positive balance of around $800.00 (I think that is amount not exact but was $800.00 plus)
I am not sure why the defendant was convicted. What I basically saw on the video that was shown was a person at ATM. The video does not show the person making or not making deposit because that part was not visible on video(when the states atty went to play video he could not. States atty had to go out into the hall and get the arresting police officer to play the video because the computer being used was the police officers personal computer. He was only one who knew how to play video. (USELESS VIDEO)
So video does not show if deposit was or was not made. No witnesses opening envelope no video showing empty envelope.. The public defender did ask(bank executive)where envelope was and I believe bank Executive said it was disposed of. So when I hear that testimony from bank A executive it is obvious that a deposit was made. Just no proof of what was in envelope or if empty envelope because no witnesses opening and no video. If envelope was disposed of then someth was in atm Bin.
I really do not know word for word what happened at trial. I am thinking they are saying no deposit was made and I am thinking that is reason person at atm is shown only in a close up so that person CAN NOT be seen making deposit. Video shows where person made movement to get deposit from back pocket and bend to insert into atm. What is really strange is that a jury of 12 convicted without a reasonable doubt. Something not right. I even saw the arresting police officer come out of where the jurors were deliberating.
The way I see it now is if anyone makes a deposit at atm and deposit is lost or misplaced or even taken. Then that person should be found guilty and convicted.
ScottGem
Apr 28, 2013, 04:07 AM
And you were at the entire trial from start to finish? Even a barely competent legal aid attorney should have been able to get this defendant off based on what you have said.
You still haven't answered why or how you are involved.
JudyKayTee
Apr 28, 2013, 07:15 AM
I'm an investigator - something is missing from this scenario which, incidentally, contains a lot of speculation.
Something isn't reading right to me.
peggys123
Apr 28, 2013, 08:43 AM
Yes. Looked like a set up to me. That is why I am seeking information on how a atm deposit is handled. I just can not see what jurors saw that I did not see at trial. Jurors even asked to see video again before finding defendant guilty. Later a motion for a new trial was filed and Judge denied and I believe he said 12 jurors found him guilty motion denied (not sure on his exact words on his comment) either way denied
JudyKayTee
Apr 28, 2013, 09:47 AM
You have to be coming from one side or the other - what is your interest in this?
peggys123
Apr 28, 2013, 02:11 PM
Just keep thinking about how this can happen. How someone can be found guilty this way. How person was denied new trial.
JudyKayTee
Apr 28, 2013, 02:26 PM
As long as you keep asking questions instead of answering them you will never know.
peggys123
Apr 28, 2013, 03:03 PM
As long as you keep asking questions instead of answering them you will never know.
Answer what?
JudyKayTee
Apr 28, 2013, 03:22 PM
For starters - "You still haven't answered why or how you are involved."
peggys123
Apr 28, 2013, 06:32 PM
What does it matter who I am? Will that give me better answers?
ScottGem
Apr 29, 2013, 03:02 AM
What does it matter who I am? Will that give me better answers?
It might. If we understand your interest in this, it could affect our advice.
peggys123
Apr 29, 2013, 07:16 AM
I do not see that you need to know who I am or my interest. This is what happened and I just want to know if that or what is procedure for atm deposits. Is it done under camera or employee(s) verifying each other. What happens to the deposit after it has been deposited.
JudyKayTee
Apr 29, 2013, 07:25 AM
Your questions have been answered and answered and answered in general, not with specificity because we don't know where you are or which bank you are asking about - information which you don't want to share.
At this point if you want very specific, targeted info, you need to consult with an Attorney and share.
I know the procedure at Bank of America very specifically. After that it's just conjecture that all banks operate in the same fashion.
Your level of irritation makes me believe the whole story isn't being posted here, and that includes prior arrests, convictions, legal problems.
I think it's time to close this adventure.
ScottGem
Apr 29, 2013, 04:19 PM
As Judy said, your questions were answered about bank procedure. If you don't want to explain your part in this you don't have to, but it limits how we can help any further.
The case as you described it doesn't make sense. Any decent lawyer should have been able to get this dismissed for lack of evidence. Or at least gotten a not guilty for reasonable doubt. Bottom line is we find it hard to believe your story and your being secretive about your part in it increases our suspicions.
peggys123
Apr 30, 2013, 06:30 AM
I know it is hard to believe. It is still hard for me to believe.
peggys123
Jun 29, 2013, 08:10 PM
Thank you for explaining. What is your relationship to this person. MOTHER Was this person represented by counsel? Yes A Public Defender
To convict someone of bank fraud, without a) the testimony of the bank employees (both of them) or b) video evidence of opening the envelope doesn't make sense. I can't believe a prosecutor would prosecute such a case nor a judge or jury convict.
So I suspect there is more to this story then you are telling us or are being told.
I also could not believe this case was prosecuted. Conviction was on circumstantial evidence
Here is a Link to a story. I have posted in the comments under ( finally ) not the jewellery story
Jewelry store owner disappointed by burglar's sentence | Paxton Record (http://www.paxtonrecord.net/news/courts-police-and-fire/2013-06-27/jewelry-store-owner-disappointed-burglars-sentence.html)
ScottGem
Jun 30, 2013, 06:13 AM
I also could not believe this case was prosecuted. Conviction was on circumstantial evidence
First, I'm so sorry for your loss. I think I understand how frustrating and saddening this all must be for you.
However, as has been said before, all we are hearing is your side of this. And it makes no sense that a jury convicted him on such evidence. Without seeing a transcript of the trial we have only your side of it. I can't fathom how his defense attorney failed to get his dismissed based on what you have said.
But I'm also not sure what else you want from us. We have agreed with you that a conviction based on what you have told us makes no sense. I would advise to appeal, but apparently it is too late for that.
I hope your suit succeeds though I'm sure that will be small comfort.
peggys123
Jun 30, 2013, 10:50 AM
Thanks. I do have transcripts now and that is some of what is in transcripts. The judge does say that the jury agreed that enough circumstantial evidence was produced to jury for them to find him guilty and denied post trial motion.I thank you for your answer all who answered.
ScottGem
Jun 30, 2013, 11:40 AM
Thanks. I do have transcripts now and that is some of what is in transcripts. The judge does say that the jury agreed that enough circumstantial evidence was produced to jury for them to find him guilty and denied post trial motion.I thank you for your answer all who answered.
Our criminal justice system is based on innocent until proven guilty. That also means a person has to be found guilty beyond a reasonable doubt. Circumstantial evidence should not be enough unless it leads to no doubt. I know, had I been on a jury and no evidence was presented to prove the envelope was empty, which is what you are telling us, I would never have voted to convict. Had I been the defense attorney, I would have hammered home the reasonable doubt doctrine and I would have kept asking why no direct evidence was presented to prove the envelope was empty.
But that doesn't help you any at this point. In fact, it may make you feel worse. And I apologize for that. I really don't know what more to say to you. The only thing I can think for you to do at this point is to go to the media. Try to get an investigation as to why the prosecutor chose to prosecute such a flimsy case, why the defense attorney didn't mount a better defense, how a jury could convict on such flimsy evidence and whether your son's death is linked somehow to this apparent miscarriage of justice.
Maybe that will help you get the closure you seem to need.
peggys123
Jun 30, 2013, 05:47 PM
First, I'm so sorry for your loss. I think I understand how frustrating and saddening this all must be for you.
However, as has been said before, all we are hearing is your side of this. And it makes no sense that a jury convicted him on such evidence. Without seeing a transcript of the trial we have only your side of it. I can't fathom how his defense attorney failed to get his dismissed based on what you have said.
But I'm also not sure what else you want from us. We have agreed with you that a conviction based on what you have told us makes no sense. I would advise to appeal, but apparently it is too late for that.
I hope your suit succeeds though I'm sure that will be small comfort.
Without seeing a transcript of the trial we have only your side of it.
Here is some of what is in transcripts. I appreciate that you have answered all questions. No envelope. No witnesses to empty envelope
Sending 1 more attachment was only able to upload 5 max
peggys123
Jun 30, 2013, 05:50 PM
First, I'm so sorry for your loss. I think I understand how frustrating and saddening this all must be for you.
However, as has been said before, all we are hearing is your side of this. And it makes no sense that a jury convicted him on such evidence. Without seeing a transcript of the trial we have only your side of it. I can't fathom how his defense attorney failed to get his dismissed based on what you have said.
But I'm also not sure what else you want from us. We have agreed with you that a conviction based on what you have told us makes no sense. I would advise to appeal, but apparently it is too late for that.
I hope your suit succeeds though I'm sure that will be small comfort.
Here is one more page
ScottGem
Jun 30, 2013, 06:02 PM
I'm in shock. It certainly looks like the defense attorney made the right arguments. My one question is whether these arguments were made in front of a jury and what instructions were given to the jury in terms of reasonable doubt.
But again, this really doesn't help you does it? Does it make you feel better that someone else is shocked at the judge's actions or the jury's verdict? If so then I hope I have made you feel better.
But there is no point in an appeal, and it has no bearing on the wrongful death suit,
peggys123
Jun 30, 2013, 11:55 PM
I'm in shock. It certainly looks like the defense attorney made the right arguments. My one question is whether these arguments were made in front of a jury and what instructions were given to the jury in terms of reasonable doubt.
But again, this really doesn't help you does it? Does it make you feel better that someone else is shocked at the judge's actions or the jury's verdict? If so then I hope I have made you feel better.
But there is no point in an appeal, and it has no bearing on the wrongful death suit,
I'm in shock. It certainly looks like the defense attorney made the right arguments. My one question is whether these arguments were made in front of a jury and what instructions were given to the jury in terms of reasonable doubt.
But again, this really doesn't help you does it? Does it make you feel better that someone else is shocked at the judge's actions or the jury's verdict? No it does not. I could feel something not right at trial. The judge is resident where trial was done. Small town and I am sure everyone knows him. I know the judge knew not enough evidence. The jurors were also from same town or next town. He had no chance I think. I just wonder why the PD did not object to the hearsay or why the PD did not demand that witnesses who opened envelope be subpoena. He mentions this stuff in his closing statements.
What would make me feel better is if this never happened and my son was still here.
Here are the jury instructions
3 more pages to follow
peggys123
Jun 30, 2013, 11:57 PM
I'm in shock. It certainly looks like the defense attorney made the right arguments. My one question is whether these arguments were made in front of a jury and what instructions were given to the jury in terms of reasonable doubt.
But again, this really doesn't help you does it? Does it make you feel better that someone else is shocked at the judge's actions or the jury's verdict? If so then I hope I have made you feel better.
But there is no point in an appeal, and it has no bearing on the wrongful death suit,
Rest of pages
Fr_Chuck
Jul 1, 2013, 03:11 AM
First I have stayed out of this conversation to this point, I have to say that, most of the reason is that some things are believed or taken as fact. Only your bank knows its procedures, but in general, depending if it is at a bank or not at bank, but at a bank, two employees normally go into the machine and take the items back into the secure area of bank, ( and fill machine with cash) At other locations, this is done by armed security, normally only one employee is working with the cash, and the other is watching for security.
There is a trust factor within the banks, and most people find it more believable that someone will lie about making a deposit at a ATM ( this is a common thing to happen) Than someone would pick that one deposit to steal money from, and not any others.
The facts would lead to a conviction, in my mind, with a jury. ** that was their choice of a jury or judge trial.
They prove that a deposit was recorded by using the defendants PIN used at machine, to show he was the one that logged on, and by use of the camera showing their face at machine. The log in information shows what was done at machine.
The banks records showing that no money was found is taken as proof or truth. Most juries are going to accept this, because of standard business practice.
The defense attorney could have (if they did not) the person who got money from machine, the clerk who opened it, all on the stand to question them. They could have questioned or gotten bank records of other missing money, or also, bank records of these people to see if there was any money transfers that matched. Or if deposits where made same day of exact amount to another account by error.
* I do not know what defense attorney did or did not do, but all of this takes money and I am not sure, how much money was available for defense.
Next, if he made the deposit, he could have shown a history of making the same type of deposits. Did he make regular deposits in cash at a ATM, if so, was it about the same amount every week ?
But in general, it all comes down to belief, they jury did not believe this person made the deposiit, They may also look at age, jobs, character , any prior crimes and more when looking at this.
ScottGem
Jul 1, 2013, 03:55 AM
What would make me feel better is if this never happened and my son was still here.
I know that would, but its not going to happen. Nothing anyone says or does will do that. I feel for you and your loss. But rehashing the failures of the judicial system in your son's case is not going to do you any good. You might want to consider bereavement counseling to help you deal with your loss.
In looking over the transcripts, it appears that the defense attorney didn't make a rebuttal case, but simply relied on the lack of hard evidence to sway the judge and/or jury. If that's the case, I think that was a mistake. He should have subpoenaed the bank records and employees. As Chuck said, a jury would probably be predisposed to believe a bank, even without proof. If the bank testified that their tally was short the amount of your son's deposit, the jury would be likely to believe it without evidence to the contrary.
Fr_Chuck
Jul 1, 2013, 04:41 AM
I have been in dozens of trials, and I have testified in courts. The thing with trials, is that often a jury will assume the person is guilty because police arrested them. Also some things are also accepted as fact. People want to believe and want to trust institutions, A example, as a police officer when I testify what I say, normally holds more value.
JudyKayTee
Jul 1, 2013, 07:06 AM
FrChuck hit that nail right on the head. I have had witnesses to accidents change their eye witness statements when they find out that the Police reported something to the contrary. Yes, the "average citizen" perceives the Police to be truthful than the public in the cases I investigate.
I am fequently on AMHD stating that the Police are after the fact witnesses and not the authority on how the accident happened.
Small matter concerned to this but I testified in a case where a loose dog ran into the road and was the cause of a serious auto accident. The dog owner's insurance paid part of the settlement.
The problem? That homeowner's dog was deceased at the time of the accident, the owner had proof, all testimony was that the people did not own a dog - the dog involved was a stray. My investigation and surveillance showed no dog.
The Judge didn't believe the evidence.
peggys123
Jul 1, 2013, 08:40 AM
After the trial my son was found guilty. I feel this was a conspiracy. I did tell my son before trial that maybe we should hire attorney instead of the public defender. My son said the public defender told him this is a BULLxxxt case do not worry about it.
This PD could have done the right thing for my son. I think he ignored things that would have found my son not guilty
PD put on a good show in the motions and the closing statements yet does not ask that witnesses be produced,or a video or even a notarized statement.
The public defender,the prosecutor ,the judge, and the bank vice president, I believe new that a envelope was deposited and they new it was not empty. The envelope was not empty.
The cash deposit was a large amount and if it was a blank envelope the ATM I think would have rejected deposit because it would not be thick enough.
Someone else did this crime and it was not my son.
I know the bank is lying about the deposit. I have been told that deposit was made and the bank did not receive a empty envelope.
I honestly think that this lead to the death of my son at the jail.
His death stops appeal and his death stops truth about this case. Is what they thought
JudyKayTee
Jul 1, 2013, 09:22 AM
I am going to try to say this as gently as possible - you have posted 21 times. A lot of time was spent in the beginning trying to give advice based on very little information and a lot of educated (anduneducated) guess work. We all can agree the verdict was unfair.
We all can agree that your son should have hired a private Attorney.
We all can agree that the Police were after-the-fact witnesses.
We call can agree that you will never let this rest.
I just don't think there is any more legal info to added. In fact, I have no idea why this is still in banking and not on a legal thread.
At this point, what do you need from us at AMHD?
peggys123
Jul 1, 2013, 09:53 AM
Well maybe if you read back a little you will see that someone wanted to see the transcripts.
If it bothers you that I have posted so many times than do not read these post.
You do not have to post any replies or read this post
ScottGem
Jul 1, 2013, 10:20 AM
Well maybe if you read back a little you will see that someone wanted to see the transcripts.
If it bothers you that I have posted so many times than do not read these post.
You do not have to post any replies or read this post
This response was not appropriate. I did not ask for the transcripts, I only said, that without seeing them I can't tell the full story.
But Judy is asking the same question I did. What do you expect from us? As she said, we agree the verdict is unfair. We agree you have the right to be angry and frustrated. But what more do you think we can do?
peggys123
Jul 1, 2013, 10:27 AM
This response was not appropriate. I did not ask for the transcripts, I only said, that without seeing them I can't tell the full story.
But Judy is asking the same question I did. What do you expect from us? As she said, we agree the verdict is unfair. We agree you have the right to be angry and frustrated. But what more do you think we can do?
Nothing else. I thank you for the answers. I did get reply. I really thought you were wanting to see the proof in the transcripts when you said that.
I have posted on the law section.
Thanks again
Cat1864
Jul 1, 2013, 10:38 AM
Nothing else. I thank you for the answers. I did get reply. I really thought you were wanting to see the proof in the transcripts when you said that.
I have posted on the law section.
Thanks again
Your thread in the Law section was deleted. Please do not ask the same question multiple times.
If needed, this thread can be moved.
peggys123
Jul 1, 2013, 11:04 AM
How do I move to criminal law section
ScottGem
Jul 1, 2013, 11:14 AM
How do I move to criminal law section
Done
About posting the transcripts, it wasn't a problem and helped give us some insight on what went on in court. But as you have said your son's unfortunate demise ended any chance of appeal. So there is nothing you can do about that miscarriage of justice, but put it behind you and move on.
JudyKayTee
Jul 1, 2013, 11:22 AM
"Well maybe if you read back a little you will see that someone wanted to see the transcripts.
If it bothers you that I have posted so many times than do not read these post.
You do not have to post any replies or read this post"
I don't see that anyone asked you to post the transcripts. I'll re-read.
I realize I can answer when/how/where I want, but thanks for the reminder.
No, what bothers me is that you asked for legal advice (which was based on info which you doled out piece by piece) and now that you have it, now that it's all been explained to you, you seem to want something more.
What else do you want?
If it's emotional support, then I would suggest a therapist as well as a support group.
And my other advice? Grief is a difficult emotion. Anger is much easier to deal with. That's why you are so angry.
I have printed off the pages of the transcript and I have given them to an Attorney I work for. I'm curious to see what he says. I do know he said he could find the case. That's all I know at this point.
He does not think it was as cut and dried as the transcript would indicate - but I don't know why.
And biting the hand(s) that feed(s) you is a big mistake.
peggys123
Jul 1, 2013, 11:36 AM
Done
About posting the transcripts, it wasn't a problem and helped give us some insight on what went on in court. But as you have said your son's unfortunate demise ended any chance of appeal. So there is nothing you can do about that miscarriage of justice, but put it behind you and move on.
It is very hard to put behind and move on. I know something was wrong with this case. I know that when he died so did his case to appeal and I am sure so did others.
Maybe with posting here and other forums might help in saving a life.
Definitely would not recommend a Public Defender
Do you know how or where I would find information to move this post to the criminal law category?
Thank you
ScottGem
Jul 1, 2013, 11:41 AM
It is very hard to put behind and move on. I know something was wrong with this case. I know that when he died so did his case to appeal and I am sure so did others.
Maybe with posting here and other forums might help in saving a life.
Definitely would not recommend a Public Defender
Do you know how or where I would find information to move this post to the criminal law category?
Thank you
I know its not easy bit you don't have much choice. You can either stew about it and become very bitter or deal with it. Posting here can help you vent, but not much more than that.
There are good Public Defenders and not so good ones. I'm not so sure that his PD was bad. I would have been surprised that a jury would convict too.
And I already moved it for you.
peggys123
Jul 1, 2013, 12:58 PM
Thank you
JudyKayTee
Jul 1, 2013, 03:15 PM
If you knew - or thought you knew - that his defense attorney was inadequate why didn't you substitute a "paid" Attorney?
peggys123
Jul 4, 2013, 07:48 AM
My son was convicted of theft. His last appearance before judge was motion to reconsider. Then a confession is brought up. A person says that the convicted person did not do this crime. Judge says this should have been brought up at trial. Motion denied.
The public defender,The states attorney each were given a signed notarized copy of confession. My son was taken back into custody and was going to be transferred to IDOC.
My question(s) Should the public defender folloed up on the confession? Should the prosecutor have followed up on the confession?
Son was convicted of this crime. The person who confessed signed and notarized the confession and was at the motion to reconsider.
N0help4u
Jul 4, 2013, 08:02 AM
I hear this quite often. It seems to me that the authorities do not want to own up to their mistake. Yes you will have to get a lawyer and do whatever you have to to get this fixed.
peggys123
Jul 4, 2013, 08:32 AM
I hear this quite often. It seems to me that the authorities do not want to own up to their mistake. Yes you will have to get a lawyer and do whatever you have to to get this fixed.
That is the problem less than 48 hrs after the confession my son was found deceased in a single cell. A wrongful death suit has been filed.
I have spoke to a few attorney and they have said when my son died so did his case.
I am just wondering why nothing has been done about the confession and could anything be done? Seems to me that they do not want to investigate this confession
joypulv
Jul 4, 2013, 08:40 AM
The wrongful death suit will have a big impact on the criminal conviction part.
Let the lawyer handling the suit take care of it! Why are you contacting other lawyers?
I am sure you want recourse and to take some action, but this will take time.
I'm very sorry about the loss of your son, especially this way - I can't imagine.
(Be aware that the court may very likely take a jaundiced view of the confession. Your lawyer can explain that.)
peggys123
Jul 4, 2013, 08:53 AM
Thank you. I am happy with the lawyers I have. I will stop asking questions. I know lawyers will do the right. I guess I just can not believe this happened. Think about it every day
Thank you
joypulv
Jul 4, 2013, 11:36 AM
Contact a local news station or paper too.
N0help4u
Jul 4, 2013, 02:54 PM
My friends boyfriend was killed by the police in the jail cell. They claimed he killed himself. Police cover up for each other. Also there was a big case here with one of the Steelers cousins. He was pulled over and beaten to death by the police. They proved that the policeman had violent tendencies, his girlfriend supposedly killed herself with his gun, etc... it was all covered up and he got away with it. Hope your case has justice.
excon
Jul 4, 2013, 08:22 PM
Hello peggy:
I have spoke to a few attorney and they have said when my son died so did his case.
I am just wondering why nothing has been done about the confession and could anything be done? Seems to me that they do not want to investigate this confessionStop wondering. The lawyer told you the truth. Whether they investigate the confession or not won't change your sons case, and it won't have any effect on your wrongful death suit.
If he died wrongfully, having been convicted properly won't change that.
Excon
JudyKayTee
Jul 6, 2013, 08:37 AM
I have asked that these threads be combined.
I don't know how many times the same people can answer the same question, only to have it asked again on another thread.
In this specific case people wander into Police Stations and confess to whatever all the time. I have no idea why. The Police have no idea why. Half the time the person "confessing" has no idea why. How many people confessed to killing Adam Walsh? The Police do not have to believe/prosecute anyone if they believe they have the right person. That belief is very often verified by a guilty verdict. That happened here.
I'll ask the same question I asked on one of your other threads - if you KNEW it was a conspiracy, KNEW the Public Defender was incompetent (or something) why didn't you get a private Attorney then? 20/20 hindsight?
I'm sorry about your son. I truly am. Apparently he was never in trouble before, somehow got framed in some sort of ATM scam, was convicted, died, a life wasted. Nothing will bring him back.
Fair or not - Peggy, it's done and over with.
Get into therapy.
Are your Lawyers aware you are posting a great deal of info as well as transcripts on a public board? If they aren't, I'd let them know. This type of info has a nasty way of showing up when it's least expected, and it can be devastating. You have made accusations, and I'm not sure you can back them up with proof/facts.
Here is the very harsh truth. If you are attempting to warn other people, avenge your son, something else, you are making major mistakes by posting the name of the Bank as well as the name of one of the parties.
You are causing your own problems - or future problems, I suspect. I would advise that you print out all of these threads, all questions, all answers, and provide them to your Attorneys.
And if the Mods want to end this now, before it gets worse, I'd close the thread(s).
EDIT: ATM fraud (class 4 felony) wasn't the only problem. He also had a conviction for mob activity, right? Also a felony? That's why he was charged with the felony, that's why the sentence was 6 years. This was not the cut and dried arrest you would have us all believe.
ScottGem
Jul 6, 2013, 08:59 AM
You have been told previously about starting new threads. Again your threads have been merged.
I also have to wonder why this issue of the confession never came up before.
But Judy is right. A confession has to be verified. And once your son died, the confession was moot. So no need to pursue.
I also echo Judy's comments about the other points.
JudyKayTee
Jul 6, 2013, 09:04 AM
The inmate's father has already filed a wrongful death lawsuit - so I don't know what "we" are discussing.
I will refer to the deceased as "the inmate" instead of by his given name out of respect to the Attorneys.
The inmate was in a padded cell due to his behavior at the time of his death.
Again, do the Attorneys have any idea that this case is being tried on a public board? I guarantee Public Defender Harvey Welch is not amused.
Scott, possible to shut this down for several reasons?
JudyKayTee
Jul 6, 2013, 10:21 AM
This is not the first time OP has decided to name names... and been warned - https://www.askmehelpdesk.com/other-law/am-being-legally-raped-ford-county-illinois-help-738839.html
I am deciding between disturbed, troll and just plain out of touch with reality with a big need to be sued by the DA in Ford County.
(The father is suing for wrongful death. No mention of the mother nor is she part of the lawsuit The father's screen name is Peggy?)
ScottGem
Jul 6, 2013, 11:12 AM
Since the case is a matter of public record and has already been reported on in a local newspaper, I'm not so sure whatever has been posted here is a major problem, though I agree her attorneys should be aware of this.
JudyKayTee
Jul 6, 2013, 11:29 AM
And I do understand that point of view. She was warned. If the County decides to use any of this in its defense - or decides to countersue because not all info was posted here and some of what was posted is misleading - it's no surprise to the OP.
ScottGem
Jul 7, 2013, 10:44 AM
Thread closed at OP's request.