What a surprise. When the revelations about the rape case first came out, the newspapers told us that the call where the rapist admitted the rape couldn’t be used in court. I challenged this assertion at the time http://www.coloradopols.com/sh…
Nobody wanted to believe me, the Buck apologists challenged me and the media didn’t do its’ job in checking this out.
Well, gues what folks, I was right!!!
The reality is that the call to the rapist from the victim was totally admissible in court. It’s just that Ken Buck had another agenda.
How do I, a civil lawyer know this the Buck people will ask? Well, I will now tell you.
I had the priviledge this week of being chosen to sit on a jury. Not just in the jury pool, but sit on a jury and decide the fate of a real life defendant and a real life accuser. I was there.
Guess what, this kind of stuff is used all the time. The type of call that the victim made in the Buck rape case even has a name. It’s called a “Pre-Text” call. The Lakewood Police Department even has a special room for making “Pre-Text” calls and special software to make and record the call. My guess is that the Weld County District Attorney of the police department in Greeley has the same thing.
Here’s what happens. The victim sits with a cop in a special room. The cop dials up a service and enters a code and a case number and the victim’s phone number. The outside service dials the number of the alleged perpetrator and makes it appear on the perpetrator’s phone like the call was coming from the victim’s cell phone number. The number of the alleged perpetrator is dialed. A conversation takes place. The victim tries to get the alleged perpetrator to admit his crime. The cop gives the victim questions to ask to make sure that the cop get what the cop needs to make a case. The call is recorded.
This is how the call to Buck’s alleged rapist was made. Apparently someone on Buck’s team has fed a line of crap to the reporters that this tape is inadmissible. This makes it seem like it was less likely that Buck could suceed in his rape case and makes it seem more likey that what Buck did in this case was a judgment call which the DA can make.
The press, as usual, swallows hook, line and sinker the crap that Buck’s people feed to them. They don’t even bother to check out whether the tape could be used in court. They just assume what the Buck people told them was true. You all assumed it too.
Well guess what, it’s not true. How do I know this?????
I got put on a criminal jury in an agravated incest case. Guess what the main piece of evidence was? You got it, a tape of a “Pre-Text” call between father (alleged perpetrator) and daughter (alleged victim) where the cop was listening in and recording the call. These calls can be entered into evidence, just like I questioned weeks ago. The jury listened to this tape several times. It was a crucial part of the evidence. Buck, your people fed the press a load of crap and they didn’t do their job.
So, shame on you Colorasdo media for not doing your job. Buck could have prosecuted this case and had a tape where two times the pepetrator admitted that he had sex with the victim without her consent. No doubt he at the very least would have plead to some charges or been convicted. The guy admitted it.
Shame on you Buck. You have lied. You got a lot of explaining to do. Why didn’t you prosecute this case when you had the rapist’s admission that he raped this woman and could have used it in court? My guess, you didn’t because you didn’t like the victim who had fornicated before marriage and who you thought had had an abortion.
Buck, you are scum. Media, you are just not doing your jobs. I am seething. It was only by luck that I found this out.
Bennet people, you are stupid for not having followed up on this sooner. Your commercials on this issue could have been much more forceful and damning.
And to the rape victim, I personally apologize that the system has failed you and that no one would listen to you.