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Former Aquia Harbour teen files suit in attempt to clear his name in recanted rape accusation Date published: 8/30/2009
BY PAMELA GOULD A former Aquia Harbour teen who spent 17 months incarcerated for a rape, even though his accuser recanted her accusation, is suing the state Department of Juvenile Justice to clear his name and get off the state's sex-offender registry. The lawsuit claims the teen's court-appointed attorney, Denise Rafferty of Stafford County, violated his constitutional rights by providing ineffective counsel. Specifically, she is accused of failing to investigate the claims against her client, of failing to interview him, of failing to investigate his and his accuser's backgrounds, of misrepresenting the evidence against him and of ignoring an eyewitness. She also is accused of not properly informing him of the allegations against him and of his legal options before recommending he plead guilty to charges of rape and breaking and entering. Though the suit focuses its claims on Rafferty, it also faults Deputy Commonwealth's Attorney Eric Olsen, who prosecuted the case. "Neither the prosecutor nor the defense attorney conducted even the most cursory investigation of the complaining witness or the defendant," the suit filed "Had they done so, they would have learned that the complaining witness had a well-documented history of falsely accusing others, including but not limited to sexual allegations, and that she was fully capable of consenting to sex." Olsen prosecuted the case on the grounds that the girl, then 14, did not have the ability to consent to sexual intercourse because of intellectual shortcomings. The suit contends that the girl and the boy, then 15, were intellectual peers because both "have IQs lower than the lowest 5-10 percent of the general population." The civil suit was filed Aug. 18 against the state Department of Juvenile Justice as a procedural matter since the department continues to supervise the boy while he is on parole. The suit includes 20 affidavits from the teens and from people who know them such as their parents, their siblings, a coach, a caretaker, a psychologist, an assistant principal and teachers. Among the information contained in the affidavits is that: The detective who interviewed the boy doubted the allegations at the start. Stafford school officials knew the girl had a history of false accusations and, as a result, immediately doubted her rape allegation.
Read more stories about Stafford Date published: 8/30/2009
we too had a chance to watch the DA and the Court ruin a
young mans life by twisting the truth which also effected
the rest of the family in the worse way.We do hope that
this young man's Attorney will be able to ripp this Olson
and the Sherrif's Dept. apart.Also there should be some
thing done about the court to the fact of knowing what is
going on in the case and not only listen to a DA..As said
before one can not find a good Defense Lawyer in Stafford
County because they know the outcome of the trial
But I have seen first hand the carnage from the Stafford County CA's office and it ain't pretty. Particularly from Eric Olsen. Putting people in prison at any and all costs (justice be damned) is their one and only goal. I guess the CA's office sleeps at night THINKING they are doing the county a favor. Hopefully this lawsuit wakes them up! Perhaps this lawsuit will shine a light on the problem and the county wakes up! People are NOT disposable!
as a good old investigation. Conducted by outside sources. Whether you are familiar with the inner workings of Stafford, or even if you have just received a ticket, you won't be surprised by the outcome. I just keep hoping that something gets set in motion so we can all say "I knew it". Some of us aren't only watching, we are asking that this good ol boy system be struck down.
I guess because the Vampire Molester admitted his despicable deeds it warrants a lighter sentence? Whereas, Matthew Heidinger had no evidence against him and receives a 25 year sentence with no chance of parole.
.....young children, according to police and court records.
On Monday, Mitchell pleaded guilty to felony charges of forcible sodomy and object sexual penetration. A judge ordered him to serve 10 years in prison....
....Investigators interviewed Mitchell and the woman’s two daughters and learned he had repeatedly molested them. Court records show Mitchell admitted engaging in sex acts with the two girls, both younger than 10, and wrote a note of apology.
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