Clemency for a father of 5 wrongfully convicted & sentenced to 45 years

Clemency for a father of 5 wrongfully convicted & sentenced to 45 years

983 have signed. Let’s get to 1,000!
At 1,000 signatures, this petition is more likely to be featured in recommendations!
Deanne Molina started this petition to Governor Gavin Newsom

A local man was sentenced to 45 years in prison because a jury of 12 people believed an inconsistent story of a child. At the time of sentencing the judge themself remarked how this case weighed heavily on them and was very hard to determine the outcome. I remember during jury instructions they repeatedly telling the jury, if you have any doubt you must give a not guilty verdict. 

Accused by a confused 6 yo who was going through her parent’s recent separation. She was previously raised by 2 parents who struggle with addiction, who met while in rehab. The mother, at the time, was already married to another man. An overly sexual mother with multiple lovers of both the same and opposite sex, including one man she keeps around to fund her lavish lifestyle of designer handbags, vacations and luxury cars. Her husband, and father of the child, was ok with his wife having affairs with this man as long as he helped her pay the house bills or fund a new vehicle after their child was born. How do I know this, because the father himself told me to justify his part in the woman’s behavior.

In the house, was the child’s older half-sister who is a stripper and escort with a highly modified body from butt implants, breast augmentation, wigs, and lip fillers. Another older half-sister who struggles with her own sexuality between bisexual and heterosexual tendencies. Along with numerous men and women who came and went from the house as short term renters. 

A jealous father, outraged by another man raising and disciplining his daughter just 3 months after his separation from his then wife. The same father who openly admitted to smelling the underwear of his former step-daughters, at the hands of their mother, for the purpose of arousal. How do I know this, because he himself told me as a way of talking negatively about the mother of his child. There are records of multiple text messages from the father to myself about his feelings towards the falsely accused. Messages that he was angered by the discipline/spanking of his child at the hands of the accused. Messages that he felt physically threatened by the accused whenever he picked up his child from her mother’s home, even though there were never any words exchanged with the two men. He was so happy when the accused was kicked out of the home, because of an argument, only to feel upset when he moved back in. He felt betrayed by his wife. He was upset because the “dream” of his family was shattered after his wife moved on with another man. When his child would come back home after visiting with him she would be angry at the accused, even saying things like “My daddy doesn’t like you. He says you’re an alcoholic”. If anyone knows the accused you would know an alcoholic was something he was far from. Was this child groomed by her father by frequent Disney days and Hockey games, so he could plan out the sweetest revenge on his wife and her new boyfriend? His words, “One day God will make it right and I would like to see it when it happens” All these records were kept out of the court. 

A child who wasn’t used to structure, rules and discipline. Could this child and her father come up with a story to get the mother’s new boyfriend out of the house and away for good? Was this a story which got out of hand? The words out of the father’s mouth “It’s out of my hands. I’m not the one pressing charges, it’s the DA”. What father would not be so enraged by the possibility of sexual assault on your child, and only calmly sit back and watch it play out?

Do prosecutors coerce alleged victims and/or their families into carrying out the story to meet their own professional agenda?

“An innocent 6 yo”, a prosecutor of the District Attorney’s office, described her client. How exactly does she know how innocent this child or any child can be? Is it because she comes to court in her Sunday best with a big doting bow on her head? To paint a picture of a child she knows nothing about and misguide the jury with a false pretense. She doesn’t know her clients personally. No, but I do! Do innocent 6yo girls stay awake at night unsupervised and get caught watching porn on their ipad? How would they even know where to look, maybe in the history folder? This child’s older half-sister also was caught watching porn at a young age, about 10 years old. How do I know, because she showed this to my daughter at that time, who were then caught by me. With history repeating itself in the home by one common denominator, the mother, it’s no wonder the story the child told sounded like that out of a movie. Do innocent 6 yo girls have a mother and older sister to look up to who use men for money with sex? Is this child a victim of sexual assault or a victim of irresponsible, bad parenting? 

A man without prior convictions. No prior history. No prior accusations. A father of 5 children, including 3 daughters of his own one around the same age as the accuser and two who were much older. He was accused no sooner than 6 months after moving in, following a separation from his own wife of 17 years. He passed a psychological evaluation that deemed him not a threat to society. No physical evidence. All physical exams were noted to be within normal limits. The trial consisted of DNA and a recorded interview. The DNA was proven by the expert to be transfer DNA, which means the DNA got on the child by means of sharing towels, beds, even clothes washed in the washing machine together, etc. Consistent with people cohabitating. Imagine how much of your DNA is on your child and where! The interview was inconsistent and appeared to be coached at times with the child not mentioning that of touching, even denying at times, until asked in a way for her to agree. Same on the witness stand. From the defense, “did Mr. X ever touch you”, for her to reply “I don’t know, I don’t remember”. Only to be followed by the prosecutor’s asking, “Mr. X did touch you, yes?” and her reply “yes”. The father was brought on the stand. The defense was able to prove to the jury he lied multiple times under oath, even saying he never had a problem with the accused. The mother was on the stand and admitted under oath “my daughter told a lot of stories during that time” and “her father hated me being with Mr. X”. 

A jury of 12 convicted Mr. X on 5 felony charges in a matter of 3 hours. The exact time it took for them to review and read through the child’s recorded interview. Is this a problem with our judicial system that gives too much power to a young child? In sexual assault cases jurors can find the defendent guilty based on the word of a child alone. This is what the prosecutor groomed the jury of 12 on “Are you ok to convict a man based on the word of a child alone, even if you don’t get the forensic DNA you are hoping for?” And that is exactly what they did. 

The Hon. Judge with hands tied behind their back forced to hand down harsh sentencing due to mandatory minimum sentencing laws. Laws which politicians put into place. Why do we give politicians the right to decide punishment? Shouldn’t the punishment be handed down by the presiding judge to fit the crime and evidence or lack of? How are judges not angered from the overstepping of politicians in their courtroom?

A PC for sexual penetration does not have to actually involve penetration. Under law the definition could also mean the slight touch under or over clothing. Give a child a bath, wash her private area, she tells her Daddy and he doesn’t like you…Boom! In violation of 288.7 (b) which carries a mandatory minimum sentence of 15 years to life in state prison. Take her a bath more than one time. How about 2 or 3 times, now you’re slapped with 45 years. It really is that simple. This is what I am coming to find out. Try convincing a jury full of prejudice against child molesters that you did not do this for your own pleasure or with ill intent. 

A few months ago a man was found guilty of raping a young girl, yes raping!, by means of DNA and physical evidence and is sentenced to probation for 2 years. Why? Because the act was committed just shy of his 18th birthday. He was linked to the crime 7 years later but he was tried as a juvenile. How is this justice? But yet, an inconsistent story of touching has a 45 year sentence to be carried out. 

Do our laws need to be amended to fit the crime appropriately? Yes. Do mandatory minimums need to be abolished? Yes. Where is the act of rehabilitation in this?

The mother moved on to her next boyfriend just 4 months after the arrest of her prior boyfriend. She moved the new guy into her home after 1 month of dating, even leaving her young child alone in his care. Is this her M-O? Is this proper parenting to invite a new man into the life of a child who is supposedly a victim of sexual assault by a previous boyfriend? Where is her father in all of this? He approves! Even added the new man as a friend on facebook. He finally moved on also, with a new woman. 

Is this child really a victim of sexual assault or was she a pawn in her fathers wicked plan to abolish his wife’s relationship either due to jealousy, revenge or both!

Where is the anger, the cry for justice? I’ll tell you where. It’s here!! In my home with our children. We are truly the ones who are suffering. Our children have nothing but good memories with their Dad. They talk about him all the time and can’t wait for him to come home. He was supported during and after trial. The judge received 25 character letters with all the same nature;  he is a hard worker, loves his family, very involved with his children, but his biggest fault was the inability to tell others no, even at the expense of his own family. 

I am here to stand up for injustice not only for this man, but for all the wrongfully accused in sexual assault. For a man to be stripped away from his family, possibly for the rest of his life, by the prejudice of a jury and the prejudice of our judicial system is screaming discrimination between right and wrong. He will be 79 years old when he is eligible for parole. 

Again, what is wrong with our judicial system that we can sit back and allow such things to happen? Innocent people are locked away in prison all the time in the U.S. because of jury convictions. Where is the justice for these innocent people?

Help me in this fight for justice. He has already served 3 1/2 years. 

983 have signed. Let’s get to 1,000!
At 1,000 signatures, this petition is more likely to be featured in recommendations!