Candor Trust: Free Up Victim Statements

Candor Trust

Road Killers victims are also aggrieved by Victim Statement censorship in the manner by which it occurs. It too often occurs with a motive to protect the Justice system from well warranted criticism, and to prevent defense team lies which enhance offender character from being exposed.

Judge McKegg prevented Rachael Ford (Candor coordinator)from speaking at the sentencing of her Mothers killer, despite her having proof on her answerphone (still retained several years on) that this was arranged with the Judge by the court's victim advisor. She flew to the hearing only to speak so was crestfallen to be passed over when the obvious time arose.

It was apparent to her that "the gagging occurred because it was to be mentioned that prior court sentences had served as encouragement to the killer. It was also to be mentioned that the alleged mitigating factor of an apology to the homicide victim family had never taken place. They knew this as they'd insisted on the Judge previewing a written statement of what I intended saying."

Too much reality could too often jeopardise theatre based plea bargains (re apt sentencing ballparks)that were founded on mutual undersatandings about what might have happened eg apologies. Who is the director of these well orchestrated broadway plays we call trials - the Judge - and absolute control of victim impact statements guarantees it.

Notwithstanding the above problems, Candor considers that the Court must retain some ability to censor both claims made by offenders and victims - as lack of good faith can enter into it even on victims parts. In anger our members have written things, placing blame on parties who did not deserve it such as offenders families, in ways they would later regret. So they express gratitude such errors of judgement were censored.

A recent case in California was a perfect exemplar of worst case scenario when victims are given their head. A person whom the evidence is fairly compelling was wrongfully convicted of murder has been detained way beyond their correct release date, even had she been guilty. This has in large part been due to fanatical efforts by the family of the murder victim, which has sworn the alleged killer would never be released.

The killer was convicted on the basis of accompanying the other killer to the victims homicide location knowing there was to be foul play. This was reasonably well proved.

This amounts to guilt of murder though not as the actual killer. Secondly there was a possibility from the evidence that either this person or another actually killed the victim - evidence since the trial has since established that the convict did not physically carry out the killing (their cooffender did).

The public and parole board was however prejudiced against the minor offender who is well evidenced to be reformed and of no further risk, because when it was clear the offender was ready for release and the sentence had been served the victims family produced new victim impact statements telling the Parole Board the offender had slit the victims throat.

This got National media attention and was believed (as offenders have no right of reply in California) despite the offende having never been evidenced to have stabbed the victim, and the original post mortem showing no stab wounds anywhere near the neck ofr throat.

The statement was never identified as false by the media, Governor Schwarzenegger was inspired to say that based on the victim impacts the offender should never be released. The offender, demonstrably innocent of the most odious charges the victims levelled, was not released due to an unfair prejudice created and died inside - all because of a victim's audacious lies.

Candor believes that the solution is to allow victims or their advocats to make and to hear valid legal arguments as to why segments proposed for censorship ought not to be censored. Participation in the process would reduce the chances of improper or self serving decisions being made by the Defense, Prosecution and Judges who often appear to thick as thieves in working together to devoice those inconvenient entities - the victims.

ENDS

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