I have a problem that has to do with a public defender in sonoma county who represented my fiance during jury trial. Through out the whole proceedings my fiance and I repeatedly asked/told him what needed to be said, stressed, pointed out, and proved and he never did it. The D.A. called testimony from witnesses who's lies incriminated my fiance and placed him near the crime scene, he even gave a discription of a man who is tall about 6'4" tall, husky, blondish grey hair and brown boots, pointed to my fiance in the court room and said"it was him", my fiance is 6"1" tall, very thin, dark brown hair, never has nor does he own a pair of brown boots. We told the P.D that the person he is describing was my father who had came and brought me gas because I ran out a couple of blocks from the crime scene,clearly wasn't my fiance. The P.D never brought my father in for testimony, even thought he was told he was willing and avaliable. There are a couple more key points but I wont go into detail.
Because of this my fiance was found guilty of felony possession of stolen property and is currently in jail on no bail. Probation is due to come talk to him but hasn't yet, I have repetly tried contacting the P.D but wont return my phone calls, emails etc....can't we appeal this? Isn't there cause for any miss trial because he faild to provide NECESSARY evidence?
Thank you

__________________
Terri

Are you stating that your father actually committed the crime for which your fiancé was convicted?

__________________
Find Legal Help - Find Legal Advice

Thank you for your response.
No, my father nor did my fiance do what they have convicted him of. The victim testified on stand, giving a discription of a man who looks NOTHING like my fiance, but who was my father ( the crime scene was across town by the way). The victim lives on a road that my fiance and I use to take him to and from work. Its the only route to use. A month before the arrest, I was going to my fiance jhouse and I ran out of gas about 1 1/2 blocks away from the victim. I had to leave my car there over night. The next day there was a note from the sheriffs dept saying my car needed to be moved, that wasn't going to be a problem as my father came with me to give me gas. He is the man by my car, not my fiance.They were trying to show the jury that my fiance was around the area a month eariler. Knowing this information I explained to the public defender who the man was, ask me when I take the stand it will clear up the alligations from the D.A. He never did.
Also, the witness who saw us in the area where the "alledged" possession of stolen property was, puts in her statement to the police that she saw guns and her and her husband "backed away" and called the police. On the stand she testifies that she dug out some twine and had to pull so hard that it broke into and pushed her to the ground. At the trial we begged the public defender to pull out the evidence and it was in fact in one piece. The public defender said that her testimony was the one that covicted my fiance.
He wasnt qualified for jury trial. Dont know what to do.

__________________
Terri

Hello Linux software,news driver ,games http://spdimon.info Bye