Here are the facts of a disturbing case out of Los Angeles County. It is not a divorce case per se, but the story emanates from a divorce.
The opinion deals with Jon suing his ex-wife Alice for her filing of a false police report against him. Alice was trying to get the case thrown out, but was unsucessful. It is the facts behind the false police report that are stunning.
Jon and Alice married in August 1995; they have two minor children. Over a period of years prior to August 2005, Alice began reading books on the subjects of divorce and money, including at least one book which included information about using false criminal accusations against a spouse in a divorce proceeding. During the same time period, Alice and Toothman conspired to bring false criminal accusations against Jon. On August 17, 2005, in furtherance of the conspiracy, Alice reported to a sheriff deputy that Jon had recently threatened to kill her and their children, and Toothman confirmed Alice’s criminal report to the deputy.
On August 26, 2005, authorities with the Sheriff’s Department, acting in reliance upon the criminal reports from Alice and Toothman, filed a criminal case against Jon, charging him with a violation of Penal Code section 422, making a criminal threat. The charge was tried to a jury and Jon was found not guilty.
At the time of the verdict, the jurors, acting of their own volition, selected the jury foreperson to read the following statement into the record:
“We, the jury, believe that the absence of any real investigation by law enforcement is shocking and we agree that this appears to follow a rule of guilty until proven innocent. There was no credible evidence supporting the indictment. We believe prosecuting this as a crime was not only a waste of time, money, and energy, for all involved, but is an affront to our justice system. This jury recommends restitution to the defendant for costs and fees of defending himself against these charges. This jury requests that our collective statement be made available in any [future] legal action relating to these parties. . . .”
The judge who presided over Jon’s criminal trial granted Jon’s motion for a finding of factual innocence pursuant to Penal Code section 851.8, subdivision (e).
Really people? Wow! Shame on Alice and the police and District Attorney. Not much more that I can say. Download Lefebrve.