I'm new to this site but please help!!

[LYD14]

Hi I have just registered on this site but already after reading just a few posts I realise that I am not alone!! My brother was recently arrested following an indecent assault back in 1996. He has been on bail and and keeping his head down - signing in on time, building bridges with his wife and kids as this happened prior to their meeting and having kids when he was in his 20's and at a low point (not an excuse but the only answer). All has been well and we have been waiting for his court case in Mags due at the end of August after being adjourned.

Then, last weekend a girl was attacked coincidentally in the almost exact spot as his incident 15 years ago. The attacker was olive, short hair and in his 40's - my brother is black with hair in a pony and 40! It was also believed that the guy came out of a dark VW Golf - my bro has a navy blue VW. I can see where the coincidences lie but my bro was at home with his wife and kids. His neighbours even said that they didn't see or hear the car move. They remanded my bro in Winchester which is actually our local prison and I am seeing him for the first time tomorrow.

We are waiting for DNA and CCTV tests as they have charged him with "Circumstantial evidence". The victim said that the car had 3 guys in and this one got out of the back so that and other things aren't adding up!! I feel so sick as my bro has admitted to us as a family about his demons from all those years ago but there is no way he did this or he would have been hoodeeny!!!

I know there are many of you out there and I feel for you all. I am lying here with his gorgeous 8 year old boy and it makes me feel sick to my stomach. Any advice would be appreciated. He has a great legal team but I can't really talk to them at 10pm on a Sunday night.

Many thanks in advance for any comments.
xx

[Verity]

Hi LYD14,

Welcome to the forum. Sorry to hear of the ludicrous situation.

You will find lots of support on the forum and folk will help you and your brother

through this.

Verity

[Casehardened]

Hi,

Just a very brief observation which may give him a little light at the end of the tunnel:

As he didn't commit this latest assault there will be no DNA evidence to link him to it, therefore he will be cleared of it.

If his legal team can then somehow introduce this as evidence into the hearing into the 1996 assault, it may well be helpful (as in the Magistrates may think as he's already done time for a false accusation that he's suffered enough)

[Casehardened]

Just to amplify last night's rather hasty reply:

Assuming that your brother was remanded in custody by the Mags on the basis that he'd committed another offence whilst on bail for the 1996 offence (and also assuming from the way you'd worded your post that he actually had committed the 1996 offence) then the crucial point is to dispose of the latest allegation before being tried for the 1996 offence.

From what you say this is merely a matter of waiting for the DNA forensics to come back; there will be none of his DNA on the victim of this recent assault, therefore he should be NFA'd or no-crimed.

His legal team can then submit in mitigation for the 1996 assault (assuming he's pleaded guilty or is found guilty) that he has been remanded for xx weeks for an offence he hadn't committed.

As I mentioned timing is important, if the latest allegation isn't disposed of by the court date of the 1996 offence, it would be best to request another adjournment on these grounds.

[LYD14]

Thank you both so much for replying! I am up and feeling very sick. Even though we are going to see him today I dread it. I am so pleased that I registered on this website.
xx