The events took place Aug '07. To date I have not been charged with anything. Sheriff even threw out any potential charge for the marijuana as it couldn't absolutely be linked to me. All that has transpired since is that the absolute divorce was granted leaving all issues of custody, support and property division to yet be resolved.
Background: for all of our marriage, we never shared a bedroom. She had hers, I had mine. I was the victim for over five years of verbal, psychological and physical abuse. After all those years of beatings and making excuses for the black eyes and boody noses, I had her arrested and charged. She pled guilty and got a PJC. But she didn't learn from her mistakes. As time went on, she got back into the spiral of angry arguments, pushing shoving and finally hitting again. I fully recognized the escalating tensions leading to more violence so I got a tiny wireless camera and reciever/recorder and put it in MY room. Her MO was, as always, to back me into my room, shut the door and have at me without my daughter seeing. I was going to catch her on camera this time as she hadn't drawn blood again since the arrest. I never got the chance.
In July or Aug of '07 she found my camera and knew what it was there for. She didn't let on and recruited her parents to formulate the fraud and add it to the divorce petition and an ex parte order to remove me fom the house and bar me from seeing my daughter. A hearing was held end of Aug '07. The steroids were passed about the court and I was labeled a steroid abuser. Photos of the covert cameras were passed about the courtroom. Not the actual physical evidence, only photos. A reciept had been found for my purchase of the one and only camera I had placed in my room. She had removed it and put it in my daughter's room and placed her own cameras elsewhere. I denied any culpability for what they found. I admitted the purchase of my one and only camera and explained its purpose.
Paradoxically, the judge in his summary following the hearing, struck down the ex parte order allowing me to return to my home, my daughter and my vicious wife. Yet, he stated in the summary - and this is now public record - that it was the opinion of the court that it was more likely that I had placed all the cameras in the house. Then he outlined a custody division giving me custody on weekends. And this was under the premise that I was free to go back home where I could see my daughter 24 hours a day 7 days a week, but not make decisions till the weekends? That part I never understood.
I hired a second attorney to investigarte the fraud and first order of business was get access to the evidence and trace serial numbers back to their origins and points of sale and find out where they really came from. The sheriff told him they had returned the evidence TO MY WIFE!!! The attorney didn't think I had a case at that point so I released him from service.
All I have now is an encrypted audio CD of the hearing. It will cost me well over $700 to get a transcript with the hopes that there will be an audible verbal reference (transcribable) to the presence of the evidence in the courtroom. My divorce attorney did not demand the photos and drugs be remanded to evidence and secured. Now all that is gone, still it moved the judge to make the comment in his summary that makes me out to be some perverse child pornographer. Again, that is public record now. If I can get a copy of the guest register of the hotel my father in law took my daughter to that week, I can demonstrate what looks to be an odd occurrence. Why the stay in a hotel when there was more than enough room in our house for all to stay? Other than that, the audio CD of the hearing and the documents that label me as a monster, I got nothing.
Do I have a case or potential for one? I'll go for the criminal attorney to get it before the DA if what I have will fly. And, yes, I will certainly look into a civil suit, again if what I have to offer is worthy. What else might I have that I am not remembering that could substantiate the kinds of charges that need to be brought to bear??