Well, for anyone following our case, and I know there are many of you, here
goes...
The boys were back in court on 2/15/95. Their attorneys have so far been
unable to get the results of the medical exam done on our daughter in
December 94. The boys (our sons) attorneys are also trying to get the tapes
that the police made during their interviews (however, I doubt they will be
successful as the police told me that no tapes were made, when in fact I
KNOW THEY WERE.) According to the boys attorneys it would not be the first
time that this happened. Just thought you might all like to know that the
last time one of the attorney's dealt with this same issue of missing tapes
with the same police department was when a father was FALSELY charged with
molesting his daughter. The daughter said it didn't happen, the father said
it didn't happen, but the police said it did. In court the police even
testified to that effect - and claimed that the tapes had been accidentally
destroyed - and then halfway through the trial the police officer
"mysteriously" found the tapes in his desk! The police informed the court of 
this oversight, and the Judge threw the case out of court!!!!! (Just thought 
someone MIGHT derive some satisfaction from that one.)
Anyway, the D.A. refuses to even offer a plea bargain (he's new and young -
aren't we lucky?  NOT), so there was no choice left but to set a trial. We
certainly aren't going to have our sons plead guilty to a felony they did
not commit. (The accusations against our sons state that they had
intercourse with our daughter - however, that DID not happen.) Our daughter
is going to be forced to testify against her brothers. We are now in the
position where we have to discredit her in court by bringing her school
records into it (she forged my name on notes and lied to her teacher on
several occasions over a 2 month period this fall). I don't know how this is 
going to affect her, and since she is in a foster home and all of our
contact with her is monitored, we can't even tell her that we WANT her to
tell the TRUTH - ALL OF IT! It is very frustrating. She could see this
situation as though we care more about the boys than we do her, but that is
simply not so. At this point we have no control over what is being done to
her. The police officer is also supposed to testify and since he grossly
falsified the police report that ought to be real fun too. (NOT) However,
since the boys were NOT mirandized (according to the police report) and all
of us, including the boys honestly believed that we/they (the boys) could
have been arrested at any moment, then it is possible that the police
officer may not be able to use their statements against them. If that is so, 
and if our daughter's testimony is discredited, then there are no other
witnesses for the prosecution and we - may - win, or have the case
dismissed. So, it's going to be a toss up, and a lot of it depends on the
attorney's and mainly on the Judge. I hope he is in a GOOD mood that
morning. Anyway, the court date is set for March 16th, 1995.
Now, another little interesting tidbit here. We (my husband Don and I) told
CPS and the Judge that Michelle (our daughter) was VERY capable of
manipulating an encounter (lookie/peekie maybe touchy/feely encounter) with
other children. We were especially concerned about this because the foster
home my daughter is in is also a day care center, and there is TOO much
opportunity for her to do something if she choose to. We were also concerned 
because CPS and her attorney and her foster mother have repeatedly told her
that she has not done anything wrong and that we (her parents) were wrong
for punishing her (as well as the boys) for the encounter that happened last 
May. We told them that by telling Michelle that she had done nothing wrong,
that they had excused her behavior (because they BELIEVE she is a victim)
and therefore, she would be MORE inclined to do something of that nature
again if she was being told that she hadn't done anything wrong. Well, now
that she is finally in counseling, it seems that something MAY have happened 
between her and another child in the foster home. When CPS ultimately finds
out, I wonder what they will do then. Will they try to cover it up? Will the 
foster mother and the kids all deny it? Will CPS come back to us and say
"Hey, you were right. I guess you really do know what your kids are capable
of." OR will they turn around and say "Gee, it's not the foster mother's
fault. You (the parents) have really screwed this kid up SO bad that she
can't control herself anymore." Personally, I think they will choose the
last one - simply because they WILL not want to admit that they were wrong
and we were right! (And I knew we would be.) ......  When I say there MAY
have been an encounter with another child, it is because Michelle started to 
tell the counselor about a situation between her and another child, and then 
suddenly clammed up. The counselor is susupicious and so are we. 
Anyway, that is about it for now. I hope every one else's cases are
progressing well. On 2/24/95 we will have our first VOCAL meeting in this
county. I am looking forward to it - especially since I'm the contact person 
and am organizing the whole thing. I'll let you know what happens.
By the way...anyone wanting to get additional information on False
Accusations, there is someone on this echo that can (and will) provide it to 
you. Just look for Ricky Murph's name and contact him. He sent me a great
packet of info and I really appreciated it. Just thought you might like to
know. ..... I'll be keeping all of you in our prayers, please do likewise
for our family.  Thank you!
          Valery Frosty  
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