Onward & Upward! ( I WILL NOT REST!!)

Most of you know my story; my son's story ... it's what inspired me to actually start to blog. The blog site, as you can see, is titled "Whats Right is Right!" , it's only a fragment of a statement representative of my black and white opinion on how our judicial system should run. Before I go on, I will point out to you, my initial story posted to this blog site, it will be listed in the September posts in the blog archive and it is called "If I may?" accompanied by a follow up of "Not My Child." I ask that you take the time to reread these two pieces so that todays post will make perfect sense.

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I WILL NOT REST!

Anyone who knows me, whether you reread those initial pieces or not, knows that I would not rest until this travesty of justice was addressed in it's entirety! I made a vow to myself and to God, And I quote:

"What's right is right!" And I intend on seeing this through!
Well...yesterday I stood before the Senate at the state house in Boston. It was an open hearing for the House Bill 1416, in hopes of it being passed. I was allowed 3 almost 4 minutes of floor time to share my testimony on why I feel the bill should be accepted. This bill will allow for the expungement of any criminal record of the falsely accused. I have attached the bill for anyone who is interested.

http://www.mass.gov/legis/bills/house/185/ht01pdf/ht01416.pdf

I stand firm on the fact that Jarrod should not have to endure a life with a label on his head for something he is innocent of! So.... off I went. At first I was very nervous.... But it didn't take long to feel that fire burning in my belly again, as I am protecting my son; a lion protecting her cub.

Public speaking is not something I like AT ALL...NOT AT ALL... but for him, I would burn at the stake!


The following is a copy of my verbal testimony:


First, I applaud the Senators and the committee in support of the bill 1416 and want to express how crucial it is that this bill is accepted.
Specifically in relation to the expungement of any criminal record for those who are falsely accused, found innocent and declared nolle prosequi.

I speak today on behalf of my 18 year old son, and his 18 year old friend, both unnamed, falsely accused of a joint venture rape of a 16 year old girl this past May. After a "mere statement" was taken from the girl and her parents, within a whirlwind of 24 hours Warrants were issued and my son was arrested and charged!

There was no probable cause to support the allegation. AND There was absolutely no investigation of any kind.
There was an immediate arraignment surrounded by great publicity-
There were negative & AGAIN, false statements ... given to the newspapers. There are internet reports via google which caused both boys harm & humiliation.
This affected them personally, academically and professionally. My son, was not permitted to finish his last two weeks of HS nor was he allowed to partake in his HS Graduation ceremonies ... he was robbed of something he will never again in his lifetime, retrieve.

Both young men ...in the end, had their cases dismissed because the plaintiff CONFESSED that she had given fraudulent testimony. However, according to our lawyers, the charges ... although fraudulent, cannot be expunged from our legal system because of current prohibiting legislation.

Our sons, falsely accused, who at the time faced a 20 yr sentence each, have now become victims of the present system, If -this- Bill- is- not- passed-.... they will spend their lives having to deal with their names surfacing in the system whenever a routine CORI check is done. The innocent should not have to endure a lifetime of being "labeled" within the system... in any way shape or form, My sons life will be continually barricaded with suspicion and speculation.
It is a travesty of justice that the falsely accused will be forever victims at the very hand of our own judicial system.


The process, "Our own process", led by council mind you, was nothing short of manipulation. A dance of deception done between council and DA in effort to assist us with our ultimate goal. EXPUNGEMENT!

This actual manipulation of our system is simply "not just." We should not have to do ~ what we have just done ~ to get to where we are today.

The initial rape charge ... reduced down to an indecent Assault & Battery charge; then granted a dismissal prior to arraignment, which Probation dept. says "crime is to hanus to sign off of on" ....sooooo
Council & DA, had to reduce the charge down once again ...this time to a "Simple Assault & Battery," which is where we stand today & hope to get expunged.

ONLY BECAUSE>>>>

There was NO Rape... there was NO indecent Assault & Battery, there was NO Hanus Crime... there wasn't even a Simple Assault & Battery.... what it was ....WAS A FALSE ACCUSATION from the word GO, PROVEN!
I ask that you please allow cases where the falsely accused ... those who are not guilty of criminal charges...to be expunged.

I also ask that this house bill 1416 is passed with retroactive allowance.

I Thank you for your time.

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FYI: My testimony followed the testimony of "the other Mother" involved here ... we have formed a partnership and friendship in dedication to saving the lives/futures of our sons. She was magnificent, we both ironed out our planned speeches the night before so that we did not sound repetitive. The other Mother who I will call "M," her testimony was wonderful and only gave me more strength when I needed it most! I am so glad we have each other. Danny of course has been beside me all the way, even last night, he has been a rock for us... but relating to another Mother whose walking in your shoes just doesn't compare.

When I started off thanking the Senate & committee I was a bit shaky. But determination set in and I recited that testimony with confidence, passion and sheer conviction. When finished, My chest filled with pride and at the same time my stomach gurgled with vomit...I thought "Uh Oh ... here it comes" but ... immediately came the applause by the hundred or better members of the open hearing who filled the auditorium...a feeling of peace settled over me.
We were approached by Senator McGee, a huge advocate for this bill, he sought us out in the crowd, he thanked us for our most difficult testimonies, he knew how hard that had to have been on us but he did say it was potent testimony and needed to be heard! We, of course, were encouraged by this. Senator Creedon's aid, Sharon, then came and found us before she left and told us "The Senator has read your written testimonies and forwarded them onward and upward to the Governor"...she also said that The Governor plans on passing this in December. The percentages are so high; in favor of 95% & 5% against. We are getting there; things are looking up.... WAY UP!

But let me remind you.... Until my sons record is expunged... I WILL NOT REST!