In a messed up situation.... what would you do?

[xburtonchic]

At the moment I'm going through a lawsuit and pressing charges against the person who tried to kill me exactly 2 months, 2 weeks, and 5 days ago from now. To be exact. Everything has been slow on the uptake, but the ball finally started rolling... right as my only witness learned how valuable his testimony is to the case. Since then, he's been holding it over my head and using it to manipulate me into giving him rides and money. At first it was okay - I didn't realize what he was doing and just did it because I thought we were friends. But now I see what he's actually doing, and the requests are growing both in frequency and outlandishness. I'll use today as an example. This is an exact quote from a text message he sent me: "Either call me in 15 minutes, or else..."

You fill in the blanks.

My problem is that when I spoke to the detective, I found out that I'M at risk of having charges pressed against ME. Because the person is claiming that she tried to kill me out of self-defense. That is absolutely false, and I was unconscious the entire time it was going on. I personally feel like the evidence speaks for itself (hello, I was taken away in an ambulance and I have hearing damage, injuries to the point of needing surgery, and more)... but no. Apparently, all of that is okay as long as she was acting out of self defense. Which SHE WAS NOT. I was fucking blindsided by everything. I had one chance to react when she grabbed my hair, and that was to bite her leg, and suddenly I was unconscious (I already had a concussion at the time of the attack, so it wasn't too hard to knock me out). My witness is the ONLY person who can refute this, he is the ONLY person who can attest to the fact that this was not some "girl fight" but a fucking bloodbath, that she was NOT acting out of self-defense, and that I was unconscious. Except for the fact that he's now bent on screwing me over. Because I didn't call him back in 15 minutes. Because my phone was charging in another room.

I've been through hell because of this, in every way imaginable. Physically, mentally, psychologically, everything. I have permanent physical and mental damage that MIGHT (being the key word) be able to be treated with extremely costly, invasive methods. I really am already on the verge of having a mental breakdown from the attack alone, and there is no doubt in my mind that if I end up getting in trouble over this injustice, all because of someone's pettiness and my assailant being a fucking liar, I will go off the deep end. You can't expect someone to go through something like that and come out the same as it is... but then to arrest THEM? Make THEM out to be the bad guy? Act as if it was THEIR fault? I can't even imagine. I don't know what would happen to me, but I know what it's like to be a victim but be treated like a criminal, because I went through something similar in the military with a rape. And that changed me mentally forever. Except this is far worse, and if that were to happen again...

Here's the thing: by law, even if it was out of self defense, there's a point where you have to stop. If the person becomes unconscious, you have to stop. So even if the bitch does manage to convince them I attacked her first (which is just degrading in and of itself and pisses me the fuck off), the fact that I was unconscious during the attack can still salvage me. IF it can be proven. That's the worst case scenario that would still leave room for justice to actually prevail. So I'm going to work off of that.

So let's assume that (worst case scenario), my witness IS completely unreliable and IS going to try to hurt me and that the detectives working on the case are believing my attacker's story/writing it off as a stupid chick fight. She's clearly lying. I NEED to win this case and she NEEDS to take responsibility for her actions. Yes, I said need. I need for those two things to happen in order to keep my sanity. I'm not kidding about that. I will effectively lose all faith, trust, hope, and every other good emotion towards humanity if at least one of those two things doesn't happen. I don't know how I'll be mentally, although I assume I'll become something along the lines of a carrot... no ability to feel any emotion at all whatsoever... but I do have a pretty good guess that it will make me suicidal. I'm just going off of what happened last time, except multiplied.

What would you do in my position? What DID you do if you've already been in my position? Right now, my lawyer is my biggest ally, but he's become suspiciously... apathetic, in a way. He said, in reference to my witness: "If he lies then he lies, there's not much we can do about that." Except... no. If he lies, he lies, and xburtonchic goes to jail and/or goes crazy. There IS something that we have to be able to do about that. Now that my lawyer seems to have checked out a bit, I feel like I have to take matters into my own hands. But what can I do? I guess that's what I'm wondering. I can't figure out what I would need to do in order to ensure the truth, the whole truth, and nothing but the truth so help me God and all that is... available. If that's the right word. You know what I mean.

The only two things that have come to mind are a polygraph test or a private detective. Both things, however, are costly and I don't know if hiring a PI simply to prove that someone is lying is even a possibility. I might just get laughed at. I don't know. The truth is on my side, but... a way to make sure the truth is evident to everyone, to expose that people are lying either to get me in trouble or to save themselves, to prove that I was unconscious, that she knew I had a concussion, that she was trying to kill me, that she knew exactly what she was doing... to just make sure justice in general is served... that's what I need, is a way to make sure all of those things happen.

Any suggestions? Even just advice would be appreciated.

 

[paranoid android]

I am so sorry you have to go through all this bullshit that's just not fucking fair . As one who has been through the courts i know that part alone is very stressful and i honestly have absolutely 0 faith in the so called justice system. It is all a game about money nothing to do with any kind of justice.

For one i wouldst rely on that witness one fucking bit as the person sounds like a total opportunist who is just using you. So it's just as likely that they may get sudden memory loss when it goes to court. I know it's hard but please not try and take this out on yourself that's the worst thing you can do because then your letting the cowardly bitch win. It sounds like shes taken enough from you so don't give her anymore.

As for what I would do well let's just say it would most likely involve a bat and someones knee caps . However if you could get any leverage on this witness to get him to testify that would be very handy indeed. Anything you could use to blackmail him with to make sure he tells the truth would be helpful. It's not about justice it's about who plays the game better so you have to one up the bastards.

Is there any way you could file a civil suit for mental or physical damage? If you have documented permanent physical damage from the attack then that should be fairly easy to prove.

 

[muvolution]

If you have pending legal issues, I would strongly advise editing or deleting your post.

 

[Bearlove]

What a horrible story - one thing that stands out here. This 'third person' is simply out for themselves and doesn't really care what happens to you are they wouldn't be messing you about.

How do you know that they are not doing exactly the same thing with the other person? Using both of you in the same way and just taking what they can get?

When this incident happened was he not called as a witness and a statement taken? Please be very careful what information you leave in a post / thread and maybe reword your post and maybe ask general 'what if' questions?

Good luck with the case and I hope that your recovery is a quick one.

 

[Mariposa]

I'm not quoting your post, xburtonchic, intentionally - the advice to delete it is not ill-founded. When the cops say that anything you say can and will... you get the drift.

I'm not a lawyer. I've not been in your situation. What you describe could be construed as extortion on the part of the potential witness. If someone involved in your case as a witness is coercing you in some manner, it can adversely affect your testimony, should you choose to testify.

I understand that you are hurting and you want justice. I urge you to speak and act with caution. Back up your text messages. Also, please realize that you can fire your attorney if you don't think they're doing a good job or if you think there is a conflict of interest in some manner. You deserve effective representation, and if this lawyer is not effectively representing you, then you should find one that will. Polygraph testing is a matter that is too complex to get into here. Judges have some level of discretion regarding admissibility of polygraph results. I personally would not trust polygraph results if I were on a jury in a case such as you describe. I do not believe polygraph tests have the degree of accuracy necessary to be admissible -this stated, I am not a judge.

These are very complex legal issues. If I were you, I would get a second opinion from a different attorney, one who will work with and for you to ensure that such things as tampering with witnesses, extortion, harassment, etc., do not occur to you and adversely affect your case. In short: get another lawyer.

I wish you the best, and muvolution's advice regarding pending litigation should be something you consider.

 

[GbizzleMcGrizzle]

Unfortunately the legal system in this country is a joke. You're luck you are alive. My best friend was beaten almost to death and raped on decatur street in the french quarter of new orleans (it's the big tourist street), He actually did try and kill her there were 3 witnesses 2 of them were cops, then Katrina came and they lost some evidence, and they let him go. Another friend of mine was beaten almost to death as well and raped by many men on the streets, they caught three of them but again because she was a junkie and traveler they got off, I have so many of these stories of my friends where the attackers end up getting off. And I have stories of friends being thrown in jail because someone else beat the crap out of their attacker but hey all street kids look the same... And your friends end up in jail for 2 months waiting for the case to be thrown out for lack of evidence because they'll throw you in jail for a lot longer.
Justice is rarely served and when that happens you want to deal with it yourself, go and kill the motherfuckers, but then you would just wind up in jail.
So if I were you I would also talk to a civil lawyer and consider suing after the fact, both the girl and the witness. I know it's not what you want but it is something, and maybe something is better than nothing.

 

[freddy47]

Sorry to hear about this, this really sucks. But I don't think you are completely helpless here.

First thing keep that text that witness sent you. It may not be much but it is evidence. This guy is talking about perjury so any evidence you can save up is going to hurt him if he does decide to lie. Keep in mind what he is doing is a felony but you need evidence to prove that he is doing this.

IMO you should confront this witness and record (discreetly of course) your conversation with him. Try and get him to admit that he is planning to perjure against you. If need be make the conversation personal. Why are you doing this to me etc... If necessary accuse him outright and see what he says. This is a last resort however as an outright accusation might push him further to perjure against you.

Also I think you need a better lawyer. A lawyer should care a whole lot more if their client says a witness is going to perjure against their client.

As for the PI it might be hard to get one to find evidence of lying. But a PI could find evidence to discredit the witness. Obviously this evidence would only be needed if said witness does decide to commit perjury. The smallest deviancy can be used to discredit the witness. Does the witness use drugs? Does he cheat on his girlfriend or wife? Anything your lawyer can potentially use to make the witness look bad in front of the jury is good as long as its relevant to his standing as an honest witness.

Also the polygraph test is really iffy. Most states don't accept them. To this date I think only 19 states have accepted polygraph testimony and then only with stipulations. Also no court can force a witness to take a polygraph. It is in the end however up to the jurisdiction to decide whether they will allow polygraph testimony as evidence.

Just to be clear I am not a lawyer or a judge or anything. But I do have experience with this type of thing. My uncle was a cop who got fired because he discovered corruption in his department that went all the way up. Many of his former partners perjured against him and took him through hell. And they used those exact same tactics I just described to discredit him as a witness and paint him as a criminal himself. For example they found out he was cheating on his wife (yeah douchebag thing to do but he admitted it and it had nothing to do with him finding corruption in his department) and also he is a bit of an alcoholic. The cops that perjured against him used all this on him to discredit him. They even gave interviews to newspapers and magazines attacking him saying he did this and that. In the end it utterly destroyed his career and his allegations of corruption in the department were completely ignored.

So if worse comes to worse this is what you need to do. Discredit him as a witness. That is IMO the best option you got.