Rebecca McEvoy case

WKRG Story

Sent: Thursday, March 19, 2009 4:36:26 PM
Subject: RE: REBECCA MCEVOYS PRETRAIL HEARING

Today was basically just a meeting to let the state’s witnesses (that’s Rebecca’s side) know what to expect during the trial.

We were right—the defense’s appeal went all the way to the Alabama Supreme Court, and it was rejected. However, to be clear-- the high court only upheld Judge Youngpeter’s ruling (which I believe means Nina, Rebecca’s friend, the doctor and the nurse will be the people allowed to testify). Rebecca’s statements she made prior to her death will not be allowed (per the original ruling).

Trial starts March 30th.
 

Former Officer Accused Of Abuse Goes On Trial" on NBC15 Online

WKRG Child Rape Case Delayed

The trial of a former cop accused of raping his young step-daughter has been delayed until June 15.

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http://peace4missing.ning.com/group/hope4abusedchildren/forum/topics/asst-da-giardini-leading-the

I am GLAD the FEDS are investigating the da's office given all this apparent corruption. I would encourage others to write to the US Atty's or to the attorney general's office and tell them Mobile need's effective legal guarantees of personal-security.

I was shocked at what "Cowboy Bob" said in the papers today. He wouldn't care if Giardini had killed Christ, he'd still be his friend? That was a TELLING comment! Shame on them if this is true! I hope the Feds can bring justice back to Mobile. I'm also thankful for the good media coverage on subjects like this and Becca McEvoys case. TV media coverage has helped enhance the accountability of the judicial process.

With all the case tried in Mobile I can't believe the DOJ won't come take a look if we all start writing them. Go to www.DOJ.GOV or www.stopfamilyviolence.org/
 
FEDS: Giardini Documents To Remain Sealed

U.S. Magistrate Judge William Cassady has decided not to unseal documents in the Steve Giardini investigation today.

The decision was made late this afternoon.

According to Cassady's office, the documents could eventually be unsealed, but there is no word on when that will happen.


http://www.wkrg.com/crime/article/asst._district_attorney_giardini_resigns/25121/
 
http://peace4missing.ning.com/group/hope4abusedchildren/forum/topics/asst-da-giardini-leading-the

I am GLAD the FEDS are investigating the da's office given all this apparent corruption. I would encourage others to write to the US Atty's or to the attorney general's office and tell them Mobile need's effective legal guarantees of personal-security.

I was shocked at what "Cowboy Bob" said in the papers today. He wouldn't care if Giardini had killed Christ, he'd still be his friend? That was a TELLING comment! Shame on them if this is true! I hope the Feds can bring justice back to Mobile. I'm also thankful for the good media coverage on subjects like this and Becca McEvoys case. TV media coverage has helped enhance the accountability of the judicial process.

With all the case tried in Mobile I can't believe the DOJ won't come take a look if we all start writing them. Go to www.DOJ.GOV or www.stopfamilyviolence.org/

I stand with Cherry and urge everyone to write about this case. Write to the elected officials who have literally made fools of themselves, write about it on blogs and websites to bring awareness to the shameful antics of those in Mobile.

I hope that someone with a better understanding of sex crimes against children will be put into the position of prosecuting this case! Cherry, when you find out who it is, let's make sure there is no "dirt" on that person!

I can't help but be hopeful for Becca, God has His own perfect timing and I'm sure there is a reason for all of this. Goodness will always prevail~!
 
NAACP: John Tyson Should Resign

http://www.wkrg.com/crime/article/naacp_john_tyson_should_resign/25140/

I hope all of this controversy does not cause problems with Becca's case.

From what I hear not too many child sexual abuse cases are sought in Mobile. Seems like too much sexual molestation by judges and DA's is interfering with justice. I hope they take a good look at this. Becca's case will have implications nationwide due to Crawford vs Washington.

Federal cases are different from State cases. They do assessments prior to any search warrant being sent and they don't mess around in court.

I urge you all to write and ask the legistlators to have the US Atty or Atty Gen to take over Becca's case.
 
JurorThirteen Coverage of Becca Story

Scared Monkey's Coverage of Becca story

8th Delay in Case Justice Delayed is Justice Denied

FBI Investigates Sex Scandal of Lead DA In Becca Case

This is a big case with national implications and someone in the media should take a look. The defense is using Crawford VS Washington to try to get perp out of rape of step-daughter. He is a dangerous pedophile who's gotten away with it for more than 20 yrs. Comes from family of registered sex offender. Oddly there's a another little girl in the wings who has similar case.

Lot's of corruption and sexual criminal behavior coming out of the court in Mobile, AL.

Judge Thomas was bringing young boys into his cambers and sexually abusing in exchange for lessor sentencing. He has 57 counts against him last time I looked.

His lead prosecutor Giardini just had his home searched over weekend by FBI. It's rumored because of his soliciting young girl on internet, but hasn't been confirmed.

Giardini was Becca's DA. Her case has been a mess from day one, Robin Sax (NG) can tell you she' and Wendy Murphy (Fox) have spoken to Gairdini and even offered their help.

Becca's case would have probably gone the way most of the child abuse cases in Mobile have gone (no where) if it hadn't been for the attention Robin Sax, Susan Murphy-Milano (Justice Interrupted), Levi and Dana helped to give it. Also best local news coverage WKRG reporter Jessica Taloney.
 
Edited audio from Dana Pretzer's Show on ScaredmonkeysRadio from 04/17/2009. Original Link



He interviews WKRG Reporter Jessica Taloney on how the ex-DA Giardini's resignation has effected Becca's case, the FBI probe and the related case of the infamous, "Spanking Judge" and his 57 counts of sexual misconduct.


www.divshare.com/download/7125140-91a
 
http://www.wkrg.com/alabama/article/ingle_trial_nearing_end/682392/Jan-27-2010_12-13-pm/

MOBILE, Alabama - The prosecution and defense have rested in the case of a former Chickasaw Police Officer. Bob Ingle is accused of raping his step-daughter, Rebecca McEvoy.

McEvoy, who was ten years old when she told her best friend she had been abused by her stepfather, was killed in an unrelated car crash in January 2008. Since her death, Ingle's attorneys have fought to have the case dismissed based on what they say is his constitutional right to confront his accuser.

The trial, which has been delayed at least six times over the past two years, began with Assistant District Attorney Ella Byrd telling jurors they would hear the words of Rebecca through the testimony of her friend, her sister, a doctor and a nurse.

During his opening statement, defense attorney Michael Harbin repeatedly reminded jurors Ingle is presumed innocent. The soft-spoken attorney read his opening statement from behind a podium saying prosecutors have to prove their case with "hard, believable, credible evidence." "Don't convict on suspicion. Don't convict on emotion," said Harbin.

Circuit Court Judge Michael Youngpeter granted a motion to suppress testimony in the trial, not allowing testimony about what Rebecca said during the evidence gathering process. "This case is a little different than other cases like this," said Byrd, who told reporters outside the courtroom that the restrictions on the evidence made this case particularly challenging.

Everyone, except the attorneys, jurors and court staff, were asked to leave the courtroom during the testimony of Rebecca's young friend. Byrd told reporters the judge's decision to vacate the courtroom was based on the age of the witness.

The most emotional testimony of the day came from Rebecca's sister, Nina Tucker, who testified in December 2006 Rebecca also told her about the rape. Tucker, 25, said while Rebecca was riding with her in the car, Rebecca told her something bad had happened. Tucker testified Rebecca did not want to tell her exactly what happened because she didn't want to say a "bad word." Tucker testified she then gaver her sister a piece of paper and a pen and Rebecca agreed to write what happened. She wrote the word "sex," according to Tucker's testimony.

Tucker, who fought back tears throughout her testimony, said the next day she took Rebecca to USA Children's and Women's to be examined by a doctor and a nurse. At the hospital, Tucker says Rebecca was given a drawing of the human body, and she was asked to show the doctor where she was touched.

Byrd also asked Tucker about her relationship with a boyfriend she met on the Internet. Tucker testified she bought Daniel Watts, who lived in California, a plane ticket to fly to Alabama. Tucker acknowledged Watts had committed an "unregisterable sex offense" involving a 16 year old girl when he was 19, but she said Rebecca was never left alone with him.

Tucker, who mentioned during her testimony that she was also sexually abused as a child, answered questions about the abuse on cross-examination. Harbin asked Tucker if the abuse she suffered was similar to the abuse she alleges her sister endured. Tucker said it was not. Tucker testified there was not "penetration" in her own abuse.

Dr. James Hanley, the doctor who examined Rebecca, testified the child had "healing abrasions" in her private area. Dr. Hanley, who said DNA was not collected because Rebecca said the abuse happened more than 72 hours previously, testified the injuries were consistent with penetration and sexual abuse. On cross examination, Hanley acknowledged the injury could have been caused by an object, but he said it was not likely.

Rebecca's biological father, her mother and Sgt. Leroy Smith of the Saraland Police Department also took the stand Tuesday.

Before the trial began Tuesday, Bob Ingle, who faces life in prison if he's convicted, turned down a plea deal, but prosecutors would not disclose the terms of the deal.
 
Breaking News from the Press-Register
Prosecutors: 10-year-old was frightened to tell people she had been raped
By Katherine Sayre

January 27, 2010, 9:01AM

Bob Ingle, seen here in 2006, is accused of raping his 10-year-old stepdaughter.MOBILE, Ala. -- 10-year-old Rebecca McEvoy asked her best friend to "pinky promise" not to tell anyone that her stepfather Bob Ingle -- a former Chickasaw police officer -- had raped her in their apartment, prosecutors told a Mobile County jury Tuesday.

McEvoy can't testify because she later died in a car wreck, but her words will be told through evidence, said Mobile County Assistant District Attorney Ella Byrd during opening arguments.

"Listen to what Bob Lee Ingle did to Becca," Byrd said. "Listen to Becca."

Ingle, 51, faces charges of sex abuse, rape and sodomy after allegations surfaced in 2006. His trial started Tuesday in Mobile County Circuit Judge Michael Youngpeter's courtroom after months of delays.

During opening arguments, defense attorney Michael Harbin told the six-man, eight-woman jury that prosecutors can't prove their case by suggestion or suspicion.

"Don't convict on emotions," Harbin said.

The prosecution has been complicated by McEvoy's death in January 2008. The defense has argued that meant Ingle would be denied his right to cross-examine his accuser.

Her family members and other supporters have held demonstrations to bring public attention to her case.

Youngpeter has ruled that any statements she made to police can't be heard by the jury, although other statements to friends, family and medical personnel are admissible.

Before McEvoy's 13-year-old best friend testified, Youngpeter ordered spectators to leave the courtroom.

McEvoy's 25-year-old sister, Nina Tucker, testified that while driving around Chickasaw one night, McEvoy told her that she'd been raped by her stepfather.

At first, Tucker said, her sister didn't want to use "a bad word" and she instead wrote the word "sex" on a piece of paper and handed it to Tucker.

"I burst into tears," Tucker said. "She started rubbing my shoulder, trying to comfort me."

Defense attorneys questioned Tucker about an ex-boyfriend, who was a sex offender.

Tucker said that while she was in a relationship with the man, her sister only met him once and was never alone with him.

Dr. James Hanley, who examined McEvoy at the University of South Alabama Children's and Women's Hospital, testified that he determined she had been sexually abused.

"She was very anxious ... very withdrawn," Hanley said.

He said she answered his questions by writing on paper and told him the abuse had occurred more than once. Hanley said when he asked who abused her, she wrote "Bob L. Ingle."

The trial is scheduled to continue today at Mobile Government Plaza.
 
Sounds like the laws as they pertain to evidence admissibility in cases of deceased victims of rape should be changed to the same laws as murder. We pursue justice for murder victims why not young rape victims who later die? I don't understand the ruling that LE reports and testimony can not be introduced into evidence. Aren't the LE reports sworn testimony? When a police report is filed here (FL) you have to raise your hand and swear that what you have said or written is the truth. What am I missing here? The idea that any criminal should go free because the victim later dies an unrelated death is beyond reason when such evidence exists that would in the mind of the common person serve to convict the perpetrator. In my opinion.

ETA: Is this a thread for documents or is discussion allowed here? Should I post this on a different thread for this case?
 
Yes the law Crawford Vs Washington has wrecked havoc on lots of murder and rape cases. Especially with the ploy lots of defense atty's like to use called Victory by delay. Which is just wait out the case and it won't go to trial. People move on with their lives, lose interest, or forget, or die.

Illinois had enough of it and wrote a law to change it and this is why Drew Peterson is finally in jail.

Supposedly Ingle's family has money. It's been said he will probably appeal. He tried to get all the evidence kept out. He's already taken this case to the Alabama Supreme Court on the Crawford vs Washington law. They sent it back to be tried.

The prisons are full of people who can't afford to pay for an attorney.

It's been rumored he had to get an attorney from out of town, because no one in town wanted to take the case.

He has a GPS on now until Feb 25, 2010 sentencing.

He hasn't spent one day in jail I guess that's what money will buy you.
 
Thank you for the legal case citations Cha Cha.
I am glad he has been found guilty.
 
I'm new here, and just started poking around and reading. I recently moved from Mobile and remember reading about this in the news. I'm glad they found the man guilty and hope he's punished to the fullest extent.

In Mobile and the surrounding areas, it may not so much be that he has money that's kept him out of jail this far but his name. Names go a long way there.
 

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