When Does the Victim Have Rights? - Page 4

gertrudecloset · ‎02-13-2021

@wismiss wrote:
My ex was killed in a front end auto accident on October 29, 2021, by an uninsured person driving on a suspended license. The other man was driving someone else's 20 year old SUV. My ex had a 2009 Camry Hybrid. I didn't know this but the car had a "black box" (like jet airplanes) and they had to get permission to open it, which I gave them. The State Police reconstruction report says that my ex was 0% negligent. He was not contributorily negligent in any manner, yet THIS PERSON HAS NOT SPENT ONE MINUTE IN JAIL YET. This person has had 42 charges of various kinds since 2005 and has been found guilty of only 16 of the charges. For all I know, he is probably out there driving around. He was to have a jury trial (with a public defender) but the day before the trial he employed his own private attorney, so they continued his case until December so the new attorney could become familiar with the case.

I'm enraged. This man killed someone and it will be fifteen months (unless he can figure out some way to get his trial continued again) before he has to answer for what he did.

When do victims get their rights? This is so difficult for all of who cared about the victim and we need closure.

So sorry for your loss @wismiss . Was your "ex" your former spouse? I ask because you write about the person who died in this accident as if at some point you had a relationship with them whether maried to you or not. In any event, I am truly, truly sorry.

You say you gave authorities permission to go into the "black box" type of thing in the car? This confuses me too becaus I didn't know they existed, and if you were not his next of kin, I'm not sure how they would need permission from you to check it.

If this can be of any solace to you, know that when police investigage crimes all the pieces have to come together for them to get a conviction. District Attorneys need to have clear and convincing evidence (doesn't matter a past record) to get a jury to give it a true bill for indictment.

I'm surprised they asked your permission for anything relating to their investigation into this matter. I don't think it's an indication that they are slowing their feet. I hope they secure the required subpoeana's and warrants for searches and such to get the person behind bars. Much of which they don't need to get your permission for.

Our judicial system is not perfect, however it is one of the best in the world!

A Negative Mind ~ Will give you a Negative Life

Etoile308 · ‎01-04-2014

@gertrudecloset, I know wismiss didn't mention this but if permission was requested for the search that suggest to me that the vehicle's title or registration may have been in both names.

debfau · ‎03-25-2010

@Etoile308 wrote:
@gertrudecloset, I know wismiss didn't mention this but if permission was requested for the search that suggest to me that the vehicle's title or registration may have been in both names.

Or the vehicle might have been in a trust with her name still listed on the trust.

chiclets · ‎07-01-2012

My viewpoint today is that the victim does not have any rights in this day and age.

Law and Order is gone.

Sorry for your pain. You are also a victim of this crime.

gertrudecloset · ‎02-13-2021

@Etoile308 wrote:
@gertrudecloset, I know wismiss didn't mention this but if permission was requested for the search that suggest to me that the vehicle's title or registration may have been in both names.

@Etoile308Well, yeah, that's why I asked if she was married or just had a relationship with the person. The term "ex" usually means someone you've had a past relationship with (usually). Such a person could have been divorced from you or estranged from you without marital rights.

Ex's usually don't say to "me" that they have rights to anything. That is the reason I asked. Finally, if the individual were her ex, I'm not sure why shared ownership/title would be in place. That's just how I'm interpreting the term an "ex."

A Negative Mind ~ Will give you a Negative Life

gertrudecloset · ‎02-13-2021

@debfau wrote:
@Etoile308 wrote:
@gertrudecloset, I know wismiss didn't mention this but if permission was requested for the search that suggest to me that the vehicle's title or registration may have been in both names.
Or the vehicle might have been in a trust with her name still listed on the trust.

@debfau Ex's usually don't say to "me" that they have rights to anything. That is the reason I asked. Finally, if the individual were her ex, I'm not sure why shared ownership/title would be in place. That's just how I'm interpreting the term an "ex." That's the reason I asked.

A Negative Mind ~ Will give you a Negative Life

Glittergal · ‎05-12-2010

I'm deeply sorry for your loss and for the agony of watching the criminal get away with it. My best friend was killed by a man distracted on his phone. He got only a fine for crossing the center line, which was later suspended. I remain furious. Really hoping you get some justice.

qvcaddition · ‎03-10-2010

@wismiss

@wismiss wrote:
My ex was killed in a front end auto accident on October 29, 2021, by an uninsured person driving on a suspended license. The other man was driving someone else's 20 year old SUV. My ex had a 2009 Camry Hybrid. I didn't know this but the car had a "black box" (like jet airplanes) and they had to get permission to open it, which I gave them. The State Police reconstruction report says that my ex was 0% negligent. He was not contributorily negligent in any manner, yet THIS PERSON HAS NOT SPENT ONE MINUTE IN JAIL YET. This person has had 42 charges of various kinds since 2005 and has been found guilty of only 16 of the charges. For all I know, he is probably out there driving around. He was to have a jury trial (with a public defender) but the day before the trial he employed his own private attorney, so they continued his case until December so the new attorney could become familiar with the case.

I'm enraged. This man killed someone and it will be fifteen months (unless he can figure out some way to get his trial continued again) before he has to answer for what he did.

When do victims get their rights? This is so difficult for all of who cared about the victim and we need closure.

So very sorry. Here in Ca running rapt with highway shootings, and store crimes.

A group of parents would not let their high school kids in SF at a school I graduatied from 68 years ago, play football at a school across the bay because it was in a dangerous neighborhood. They were called racist. They hear of all the shootings going on over there and just care about their kids safety. I certainly don't blame. It's not that it's the kids from that other school, but someone in the stands or area.

God, when I went to school 68 years ago, we had none of these problems with drugs or shooting or anything going on today. I know progress. Too bad.

qvcaddition · ‎03-10-2010

@Janey2

@Janey2 wrote:
There are so many injustices going on right now. A 41 year old killed an 18 year old two weeks ago because he decided he did not like his politics. The 41 year old is walking around, not even in jail. So many incidences like this happening in our backyards.
sorry for your loss, but unfortuneatly you are not the only one.

I think if it had been reversed, the kid would have gone to jail.