Tuesday, September 13, 2011

CPS Nightmare continued

Today I took the day off of work with the intention of finding a lawyer to represent us and get this thing over with. It wasn't as easy as I thought it would be. Some firms only do court appointed cases, while many of the contacts given to me by friends and family don't practice the kind of law that we need. Here is a quote from a lawyer we know and respect (I've been recording all of my conversations) as to why he won't represent us:

This has a lot of complexity to it, because of what they are trying to do which is they are broadening the search. If they weren't broadening the search then it's clearly within my bailiwick. The aspect having to do with [Evan]...I'm not a criminal lawyer and I would hate to do anything with you that would make things more difficult for you down the road. I'm not for a second suggesting, and you need to understand this really clearly, that I think there was any foul play on...Evan's death. But that doesn't mean that the thing couldn't go sideways and ya get charged with a crime. And I realize that's not currently on the radar....[but] that aspect is outside of my skill set...Because of all of the issues you mentioned I don't think I'm the best person for you. If I was I would jump at the chance to help you.

We want to avoid a court appointed attorney because, as the same lawyer above says,

I think it is true that as a general rule, if you are a court appointed attorney, you're getting paid a pittance to represent a huge number of clients and you would go broke and you wouldn't have enough hours in the day to give them the kind of personalized attention that a paying customer would demand and expect.

I'm grateful that we have access to the resources we do. We still have a couple good leads for lawyers that we hope to follow in the coming days.

Today we also picked up Evan's case file from the police. There was nothing written in it that made it seem like there was any lingering doubt as to what happened. The lady we got the report from said that CPS hasn't requested it yet, but the police in our jurisdiction have (Evan died in a different jurisdiction than where we live now). My feeling is that this road won't go much further. The investigation from CPS has been opened though...they want to meet with us next week about it.

We also talked to the boys' principal from school. He sat in with J.Brady during their interviews yesterday. He said he couldn't tell us everything, but when we pushed a bit he gave us a couple of examples of questions that were asked. She asked how they liked school, if they liked their teacher, and if they get along with others. Unfortunately he didn't document anything so she makes notes that nobody gets to see and then is able to use them however she pleases.

And finally we talked to Children's Hospital to see if we could have an MRI done while Kira is in her natural sleep cycle instead of being put under with anesthesia. We weren't able to talk to the doctor that we have been dealing with, but the message has hopefully been relayed and now we wait to hear back.

Thank you for all of your thoughts and prayers. I'm feeling much more positive about our situation today than I was yesterday, so something must be working.

2 comments:

Karen said...

hey Tymon
Great speaking with you again this evening, my heart is so heavy knowing the burden that is being placed on your family.
I know that CPS is trying to protect the innocent....unfortunately they are barking up a wrong tree on this one.
Your attitude is so positive and it sounds like you guys are doing all the right things to ensure this nightmare ends quickly.
I really hope the info I passed on helps you out in some way.

Hugs and prayers from Karen, Matthew and Marc

Camey said...

I honestly understood nothing of what the lawyer said. Seems like a bunch of bull. Why can't he do it? Maybe the language is just over my head!
Camey