DNA evidence that should have been thrown out

[Samantha_Ann]

My fiance was charged with sexual assualt on a 14 year old in August of 2005. He could not afford a good attorney so he got a public defender. He finally had his trial in December of 2006. He is truely innocent and everyone thought for sure that the jury would see that too because the 14 year old girl could never get her story straight, and there was no good DNA evidence. The forensic man who tested the evidence for DNA admitted on the stand that he had made errors while testing. That should have been enough to get the DNA evidence thrown out right there, but this is Vermont, and the Vermont court system does not make any sense whatsoever. The best part of the whole thing is that the evidence collected, like the girl's clothes, my fiance's clothes, bedding, and things like that were stored all together in one box at the police station for over two months! The judge still allowed the prosecutor to use the DNA evidence though. The prosecutor truely made the jury believe that there was more evidence than there really was, and of course the public defender did not do anything to stop it. The jury somehow found him guilty. The same judge sentenced him to 6 to 13 years in prison. He has filed an appeal so hopefully he wins that, but this judge is trying to make this case worse than it really is. My fiance chose to use his right to silence because his lawyer told him that would be the best thing to do, because he was not going to say he did something when he did not. The judge is now saying that because he never pled guilty that he's in denial and because of that, he is a threat to society. The judge is also saying that it was forced, the girl even testified that he never forced her, and if it had been forced than he would have been charged with aggravated sexual assault. Please help us! We do not have the money to afford a good attorney, but that is what he needs, no one knows what the Vermont court system is like, it seems like no matter what we do, we get screwed. Please help us, my fiance is truely innocent, he would never do what they are saying he did, and the DNA evidence proves that he didn't but somehow they are just believing the word of an inmature 15 year old. Please Help!

[randalljd]

You may want to email info@worldlawdirect.com and discuss it confidentially; they can often help.

[Samantha_Ann]

Originally Posted by randalljd

You may want to email info@worldlawdirect.com and discuss it confidentially; they can often help.

Yeah, but does it cost anything for them to help me?

you can also get the appellate public defender's office to intervene if you are eligible--they may help appeal

why is the judge still involved?

[Samantha_Ann]

Well he has the State's Defense Attorney doing the appeal for him. The judge isn't really involved anymore my fiance's last attorney filed a motion to keep him out until the appeal and the judge just barely made a decision. He denied it and he wrote a whole report as to why he denied it and 99% of it was total BS! You have no clue. The judge we are dealing with is the prosecutor's puppet, he will do whatever the prosecutor wants. My fiance was supposed to have his sentencing on Feb. 20th with a different judge but the prosecutor knew that that judge wouldn't agree with him so he moved the date to Feb. 14th so he could have the judge that he has wrapped around his finger. This whole case and everything that the judge says is totally messed up. My fiance is the nicest guy in the world, he wouldn't hurt a fly. He has no prior record and the Vermont Court system is trying to make him out to be a horrible person.