Evidence 101

EVIDENCE 101...Wherever you go, there you are...

Tuesday, October 2, 2018

Judge Not Lest You Be Judged First

How about that sparring, right? Most of us do not even know Kavanaugh or Ford, but are weighing in on the validity of their statements, background, and what I call "noise" surrounding the hot topic of sexual assault. I would go into a dissection of my thoughts, but you can pretty much figure it out by connecting the dots.

I do not disregard Ford's statements. However, there are issues. I won't go into all of them. I won't beat up the victim.

However, know this: I would not take the case to a DA to prosecute for many reasons. One, your statute of limitations is gone on a juvenile case. There is no corroborating evidence. Some circumstantial at best, but is that enough in a 36 year old case? Circumstantial evidence can be enough in other cases but usually it amounts to a pile of it and not scattershot. There just are too many red flags and issues with comparison of therapists notes, friends, witnesses, persons of interests, etc. There was opportunity as they did cross some path maybe sometime. But stories changed and molded with pressure and time. It is a very, very weak case.

Most importantly, you can't prosecute a man without more. It just isn't justice.

You can help Ford with services. That is about all that can be offered at this point in time to help with closure. It is apparent she still has open wounds.

Even her testimony in front of a senate committee can be somewhat of a vindication of what she feels has been wronged against her. But on the other hand, what victim would want to do that? I know none.

Is this process, highly improper, going to prevent other women from coming forward against important people? Or any against suspect? Who in their right mind would want to testify on national television about a personal violation so egregious to themselves? Most of my victims struggled with even testifying in court and preferred less press and a plea deal. Most feel a deep sense of guilt and shame which is super sad because victims are victims. They did not do anything to provoke a rape.

Even her close friends disputes the claim. The witnesses cannot recall such a party or any behavior. That in itself is not enough to dismiss it, but it brings red flags to the issue.

She is getting boat loads of funding. People are getting paid to interrupt the hearings. There is so much corruption around the whole process that who can tell what is real and what is not real. Politics is evil. People will go to great lengths to get what they want. The elitists run our country. Do not think for a moment that we, the people, do.

But here is something everyone in the press is weighing in on which is bogus: the emotions of both persons. First, you take their emotions with the totality of the circumstances. Who reacts in anger or deep emotion about allegations of sexual assault? An innocent person. Who gets emotional and breaks down? Someone who has been ruined with false allegations. This, too, is not enough to dismiss the issue, but take into consideration Kavanaugh is being spun as an elitist brat over his emotions. I took this a different direction. He was also gracious to Ford in his statements.

He is being burned down as alt-right because he goes to church and his kid prayed for Ford. Did you look at his wife? She started to fall apart at that statement. Wake the fuck up. This is who he is. He goes to church. He is faithful. He drinks beer.

His drinking statements made the press run with headlines that he was a liar and had a drinking problem. He did not deny that he had gotten drunk. He did not deny they got out of hand, that he drank so much he fell asleep. Incidentally, that's what a lot of us refer to as "passing out". He explained he never "blacked out", losing all memory. That is a serious problem, especially in a continuous behavior. I don't think Kavanaugh will deny he drank excessively. He just describes it differently because he has moved past those days. He also still drinks beer. So do I. So do a lot of people.

I'm not sure if the left and right can look at anything anymore with an open mind, but only see things from their own lens. It is getting worse out there. What I do know is that I encourage any victim of violence to go to the police. You will have someone LISTEN to you. You will get services.

What I am afraid of with all this outcrying on national television, is you are derailing the justice system. We have now accepted to burn a person down just by an allegation without a law enforcement investigation.

Remember this: the FBI is not tasked with investigating state crimes of this nature. They do bank fraud, counterterrorism, organized crime, etc. They aren't trained in this anyway and you certainly want your locals to work these cases. They will only interview nicely and gather the statements and report back to the committee. They will not close the case nor file any charges or find it unfounded. Rachel Mitchell said exactly what I felt after listening to the ENTIRE hearing. I would not take this to the DA. She would not file a case.

This is becoming a very scary time for men. I would be tip toeing around women right now because one statement can ruin you rather than allow you to defend your name. These public statements are also making it harder for victims to come forward. It has brought out some good cases, but along with it, a lot of crazy and false allegations. It taints our justice system. It is not how we want due process to work for our brothers, fathers, grandfathers, husbands, boyfriends, and dear friends. We also do not want to get the standard that you won't believe any victim if she won't tell it to the world. Most like to keep things private or not tell at all. It is a sad cycle we have right now. Some good and some bad.

I do not dispute Ford's harm, but I wonder if she has events mixed up. Look at the dissection from Mitchell and some others who find some real big issues with her testimony. It doesn't mean she is lying. But what is really going on with this whole thing.

We also see that Kavanaugh is not perfect, he is deeply flawed. I kind of like that in a person. He also has been deeply scarred by this incident and his family has been raked through the mud.  I am not sure where I stand with him as a Supreme Court Judge, however. I felt very comfortable with Gorsuch. And so, there is a different perspective going into this confirmation. I do feel he has been wronged by a dirty process and there is nothing that can turn it back.

I think Kavanaugh has made good decisions as a judge. I never agree with every decision by every judge. They do the best they can with the evidence. Sometimes they do not align with my thinking. That is the American way.

This whole thing makes me sick. It isn't right. Even if I thought it was truly what happened in 1982, it is just plain disgusting how this has become a circus. It demeans sexual assault even more. It is a serious crime and a serious allegation. We must also protect the rights of the accused. Don't forget that. Additionally, this supposedly happened when they were 15. For fuck's sake. Kids. Do you really think this man has turned into Bill Cosby? I say not. There would be countless women coming forward of allegations which could be corroborated. Now you have a political jungle that is steered by one side to take the judge down at all costs.

There is a difference between this and Garland's confirmation hearing. He was only delayed and not burned to the ground. Think about the change in tactics. This is very scary for our American politics. Today, it is a cut throat world. I would really fear for my son out there in any job, any platform, and especially if he or she ran for office. Not because he would be guilty of a crime, but because if you are innocent, you have no chance before you start. Do you know how hard it is to defend yourself when you are innocent in a crime going through the low-profile of a local case? Painstaking.

Think about that.

I took Kavanaugh's statements as emotional because that is a natural reaction to these circumstances. He broke down. He floundered on some questions because he was holding back tears and lost his thought and had checked out for a moment. No one really mentioned that. And then he asked for a break. But he was already shot and mentally exhausted. His hesitation to questions isn't guilt, it is natural reaction under pressure and when you have just spent your last effort to hold yourself together. He has endured hell and back.

How would you speak in front of a national audience about your drinking days, your penis, your youth, your family, your memories of childhood, 36 years ago?

I am trying to look at both sides of the coin. And frankly, when I investigated crimes, I kept the rights of suspects at the top of my list as well as carried my victim's burdens and advocated for them as well.

Remember this in the end, I want a balanced Supreme Court. I do not want it to sway left or right. It needs to be moderate as a whole.


Jim in Tucson said...

Once again Mama Fargo you have given us an excellent assessment of the facts in this case!

Bob G. said...

Momma Fargo:


You have wonderfully managed to explain this ponderous "sideshow" on Capitol Hill in a manner that makes SO much more sense than (literally) WEEKS of (conflicting and knee-jerk) lip service from the media outlets.

You are to be commended for such a comprehensive and yet concise description of what many others are still trying to skull the hell out.

Kudos to you, Kiddo.
Excellent post.

Roll safe down there.

Well Seasoned Fool said...

Rule of law? Perish the thought. The "narrative" is above all that.