I'm going to summarize the best I can, there is a lot more to the story than I'm sure any of you here would be interested in reading. But I would really appreciate any advice anyone can give me!

A relative had purchased a trailer to use for his business, and was having a company design it to certain industry standards so he could use it for it's intended purpose. He received a lot of run around from the company through the long process but I'll leave out the details.

When he went to see the trailer when it was supposed to be finished, he measured it, and it wasn't to the specifications that it needed to be and were agreed upon in the contract with the business. He left his business card with receptionist as she told him the man he needed to speak to was in a meeting. My relative then went outside and before he left he saw a man leave. He assumed it was the gentleman the man he needed to speak to was in the meeting with, he went back in.

Some words were exchanged and the man began shoving my relative outside, when another worker also started pushing and shoving my relative until they had him outside and were beating on him. My relatives son got out of the vehicle and went to his father's defense. Cops were called, and my relatives were taken to jail where they were denied water, and the father was denied his prescription medicine. Photos were taken of all involved, but once the son went to court him and his father's photos had been LOST, the judge sided with the others, and he is now in jail serving a 60 day sentence. This was his first defense ever, and he was protecting his father, I'm sure it is what anyone would do in the same situation!

There is a lot more to the story, above is just a summary.

Advice Please??

I trust your relatives had an Attorney?

As far as denying water and prescription drugs, that's a matter for a civil rights Attorney.

As far as the lost photo, I don't see the relevance.

If the Judge sided with the other party instead of listening and taking into account the evidence, likewise, it's a civil rights matter.

All decisions can be appealed.

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Originally Posted by elizh2007

Advice Please?!?!?!

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Hello e:

I'm not sure what advice you want. Seems like everything is over with. The TIME to have asked for advice was BEFORE the son got convicted...

excon

The father hired an attorney, the son was appointed one. The father's attorney kept telling him to WAIT to press charges on the other party involved.

The photos that were lost were the photos of the father and son's injuries at the time of the incident, however, they still had the photos of the other men involved, which was the judge's reasoning for siding with them. The son's attorney tried to get a mistrial for this, but the judge declined.

Hello again, e:

I know. I got it. They were SCREWED. Been there, done that. But, it's HISTORY. What advice do you want?

excon

I have three words - appeal, appeal, appeal. I've never seen a case decided purely on injuries, but that's a side issue.

I'm also not clear on what advice you want. Unless the photos can be produced showing the father being the subject of a beating, there may not be grounds for appeal. What about the arresting officers? Can they testify as to the condition of the parties?

This seems to be the crux of the matter. You seem to think because there was no evidence of the injuries to your relatives, that the judge ruled against them. So, they need to get evidence and file an appeal on the basis of new evidence.

Thanks for the answers. I guess I don't really know what advice I'm looking for.

They are considering an appeal, there will be a different judge but it will still go through the same court system which seems to be giving them a really hard time and a lot of run around.

Since the police officers are the ones who "lost" my relatives photos, there is no chance of them testifying, since they first originally sided with the others.

The people who owned the business started the physical confrontation with the father, at THEIR place of business (supposed to be professional, HA! Shoving and beating on a PAYING CUSTOMER is NOT professional) When the son went to his fence, one of the employees (they're all brothers) picked him up off the ground BY HIS NECK (in 2008 he was in a bad car accident that broke his neck, and it is still not how it should be, so this could have seriously injured him.

We just want justice.

First, The police are not supposed to side with anyone, they are supposed to report the facts. Your attorney should subpoena them. What about hospital records or the physician who treated them?

Quote:

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Originally Posted by elizh2007

We just want justice.

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Hello again, e:

Then instead of CONSIDERING an appeal, they should file it. Where ELSE do you think they're going to get some justice?

excon

It sounds like the word of one side against the word of another. I find it difficult to believe that a business owner for no reason would assault a customer - not very good for business.

However, as I keep saying, if you believe the Police and Judge are somehow corrupt, file an appeal.

We can't do that for you.

Hello again, e:

I've been rather short in my answers. I realize that you or your relatives don't understand the legal system. I just wish you had come to us earlier when we COULD have had some impact on the outcome... But, as it stands now, there isn't much we can do except recommend an appeal.

Please understand THIS. Justice is not free. Most likely the reason the son was convicted in the first place is because he didn't have a good lawyer. At LEAST that lawyer was free. To WIN his appeal, he's going to have to have a VERY GOOD lawyer, and the state isn't going to provide it. So, unless he's willing to spend what it takes to "get" justice, he should probably leave well enough alone.

It's 60 days, for crying out loud. I could do that standing on my head.

excon

Another possibility, if you can get proof of the physical damages is to sue them.

Were your friends treated at a hospital or doctor for their injuries?