On September 5, 2000, I discovered that my wife of 18 years had been living a double life for the last year. For whatever reasons she had entered a secret life that included an extramarital affair, drugs, alcohol, and nightclubs. I confronted her with my discovery via a message I left her on her cell phone. However, at the time of my discovery I did not realize the extent of her secret life.
In fear that I may expose her secret life to her family and our children, and in the event of a divorce, that I may gain custody of our five children, family assets and the family business, she went to the authorities and alleged that I assaulted her on September 19, 1998, August 31, 2000, and that she had been the victim of spousal abuse since 1985.
On November 11, 2000, she filed a claim with CPS that my parents and I had physically and sexually abused my five children in an effort to discredit my parents as potential witnesses and to add more charges to me. After interviewing all five children, CPS found nothing to support Tracy's allegations and dismissed the case.
Several months after filing her claim of abuse on September 6, 2000, and after being questioned by authorities as to what finally made her come forward, she then claimed that I held a gun to our oldest daughter’s head on September 5, 2000 in an effort to get information from her about her mom’s activities and whereabouts.
I was out on bond from September 19, 2000, through February 19, 2001. During the time I was out she made numerous claims against me in an effort to get my bond revoked, all of which were dismissed by the police.
On January 11, 2001, in her next-to-last effort she went to her parents’ vacant house at 2:30 a.m. While there she received a gunshot to the outer portion of her left thigh. Everything pointed to self-infliction except her reluctant story. She refused to tell 911 or the authorities who shot her. Only after being confronted with confinement to an adult mental ward and after talking to her civil attorney did she agree to give a statement, but not until the next day, at which time she alleged I was the one who shot her.
Five and a half weeks later I was still out on bond, so, in a final effort, she added two sexual account charges to the January 11, 2001, assault. I was arrested three days later.
The time line from September 19, 1998, does not allow me to be her assailant. In addition, I do not meet the physical profile of her assailant.
On August 31, 2000, I was at work twenty miles away during the time of the alleged assault. The medical records and her statement to the doctor suggest that she was assaulted on September 5 or September 6.
On January 11, 2001, I was twenty miles away in my apartment with two roommates. One of the sexual assaults she described was anatomically impossible. The gunshot wound and her demeanor suggested self-infliction.
Outside of my oldest two daughters’ statements given months after the alleged assault of September 5, 2000, nothing suggests an assault even took place. The alleged weapon was not offered nor was any ownership of such a weapon established.
Outside of Tracy’s testimony there was nothing offered to prove I assaulted her on September 19, 1998, August 31, 2000, or January 11, 2001. There was no biological, physical or trace evidence to link me to any of the assaults. She claimed that I rubbed my penis all over the outside of her shirt on January 11, 2001. However, it remains in the JCSD property room untested.
Several things support my innocence:
- Time line of events on September 19, 1998;
- Checks written by Tracy on September 19, 1998;
- Telephone records from September 19, 1998;
- Physical profile of her assailant from September 19, 1998;
- Receipts matching a check Tracy wrote on September 19, 1998;
- Mohammad’s affidavit, an alibi witness on August 31, 2000;
- Plumbing inspector’s report received by me at 10:30 a.m. on August 31, 2000;
- AT&T telephone records for August 31, 2000;
- Paychex telephone logs for August 31, 2000;
- Robin Turner’s, Tracy’s sister, testimony that Tracy was gone from home on August 31, 2000;
- Nancy Ryan’s testimony;
- The doctor’s testimony that Tracy’s injuries on September 6, 2000, were only a day or two old and not seven days as she claimed;
- Cindy Torres’ testimony as my alibi witness for January 11, 2001;
- Justin Gray’s testimony as my alibi witness for January 11, 2001;
- AOL record for January 11, 2001;
- Evidence suggesting Tracy shot herself on January 11, 2001;
- The fact that I had no way of knowing Tracy would be at her parents’ vacant house at 3:00 a.m. on January 11, 2001;
- The total lack of ANY physical, biological or trace evidence to link me to ANY of the assaults;
- Inconsistencies in most all of Tracy’s statements and testimonies.
- Over twenty-eight material statements Tracy made during trial that can now be shown to be false.
To prove my guilt:
- Tracy’s statement to the alleged events of September 19, 1998, August 31, 2000, and January 11, 2001;
- Janey’s and Kara’s statement to the alleged event of September 5, 2000.
