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Old 05-08-2013, 10:33 AM
ilbegone's Avatar
ilbegone ilbegone is offline
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Default San Jose's finest

This stuff does happen. People do get framed and just how do you think drugs get into jail without LEO collusion?

Not a week goes by that I don't read an article about some cop robbing liquor stores, molesting children, or becoming pregnant by by an imprisoned gang banger.

In the meantime, prosecutors routinely overcharge and otherwise try to intimidate defendants into plea bargains for crimes they didn't commit.


And here is one more story among many concerning criminal injustice:

San Jose, Calif., man framed in rape by police, prosecutor to settle with city

A policeman fabricated a crime report saying Michael Kerkeles’ semen was found at the crime scene. The agreement is for $150,000.

By David Knowles / NEW YORK DAILY NEWS

May 7, 2013,

A San Jose, Calif., man will settle with the city after police and a prosecutor framed him in the sexual assault of a developmentally disabled woman.

Michael Kerkeles, charged in 2005 with raping his neighbor, and the San Jose City Council agreed to a $150,000 cash settlement in a case that upended the defendant’s life.

“It's a significant sum, but Mr. Kerkeles certainly wouldn't trade the money he got for what he went through,” Kerkeles’ lawyer, Matt Davis, told the San Jose Mercury News.

In an attempt to get Kerkeles to confess, San Jose Police Sgt. Matthew Christian concocted a phony crime report that claimed Kerkeles’ semen was found on a blanket at the scene of the crime.

In fact, the actual report, which prosecutor Jamie Stringfield kept in a file in her office, showed no sign of Kerkeles’ semen.

While there was no other evidence that Kerkeles was involved in the sexual assault, Stringfield used the falsified report to persuade a judge that there was probable cause to charge Kerkeles.

On the bogus report, Christian concocted a fake name, Rebecca Roberts, as the lab analyst and dated it within a day of the purported evidence collection. Routine DNA testing takes much longer to complete, but the report was deemed sufficient evidence to proceed with charges against Kerkeles.

In court, Christian testified under oath that the report incriminating Kerkeles was true.

Stringfield later admitted that she knowingly misled the court about the lab report and was suspended for a month, the Mercury News reported. She has since left the District Attorney’s office and has become a teacher. Christian, meanwhile, remains on the San Jose police force.

Kerkeles was forced to defend himself in court for six years despite being at work during the crime, and the prosecutor and investigating police officer knew that their evidence was pure fiction.

After Kerkeles’ legal fees are factored in, the total settlement will reach nearly $1 million.
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Last edited by ilbegone; 05-08-2013 at 10:37 AM.
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