Tuesday, June 8, 2010

Justice Denied!

JUSTICE DENIED!

Rev. Dr. Charles Mayson is a man who has been doing nothing else than trying to seek and do God's will. In this endeavor he has Pastored and started churches; he has studied for and earned a Doctorate degree; he has earned the respect and admiration of many people of faith. At the time he was dragged into this countries legal system he was Pastoring a ministry designed to provide spiritual development to those in drug and alcohol recovery.
In July 22, 2008, a young girl with mental health problems, then 15, claimed that Rev. Mayson abused her in January, 2005, then 12, after a church service while she was supposedly cleaning up donuts and coffee in the Sunday School classrooms of the church. She says that she bit him and ran out of the church yelling. She further claims that she never attended the church again. She claims she didn't remember anything else. She claims she doesn't remember what she was wearing, who was in the church, what she did with her soiled clothing. She had no idea who was in the church at the time or why Rev. Mayson out of the blue would decide to touch her inappropriately. She admits that he never showed her special attention, called her during the week or singled her out for favors. She claims that without any preemptive grooming and contrary to any behavior Rev. Mayson ever exhibited before, he walked into the room she was cleaning alone, with a church full of people, put his arm around her and assaulted her.
At the trial the girl could not remember any details of the alleged incident. Normally assault victims are able to recall the incident. They are able to describe with clarity this traumatic experience. Or the opposite is standard. They can remember nothing. They can not verbalize or visualize even the smallest facts. This girl, however; wants her family, child protective services and the justice system to believe that her story with this selected memory is true. Even after waiting three years to tell of this alleged incident, her attempts at suicide, her lengthy stay in a mental institution, the Commonwealth Attorney with no evidence (physical, eye witnesses, DNA, doctors collaboration or mental health professional opinions) decided that the story was believable and vigorously began to prosecute Rev. Mayson.
All of these allegations resulted in one thing. Despite being innocent Rev. Mayson's life has been turned upside down. He was arrested on July, 2008 on two felony counts. He has been in court 22 times. There have been three trials. The first two resulted in mistrials. The first was a mistrial because the judge failed to have alternate jurors available so when one of the already seated jurors was disqualified there were no others to put in place, resulting in a declared mistrial. The second attempt at a trial was declared a mistrial because of jury misconduct. The third trial was held in a different venue, stripping Rev. Mayson witness credibility. During that trial three jurors fell asleep while defense witnesses were testifying. Additionally, the bailiff tried to radio the deputy who was supposed to be "keeping an eye" on the jurors to wake up the sleeping jurors - but the deputy was asleep too! How this case even went to a jury is difficult to understand.
After the Commonwealth Attorney and the defense rested their cases and prior to the jury beginning deliberation, Charlie's attorney asked the judge to dismiss the case because the burden of proof had not been met. The judge agreed that the burden was not met, but in his own words he did not know "how to" stop the trial. So, because of his ignorance of the law he decided to allow the jury to hear the case. The judge, the Commonwealth Attorney and nearly every one in the court room were shocked when the jury returned a guilty verdict 45 minutes later.
This is a case of misguided justice from the moment that Charlie was arrested to the moment he was convicted. The entire justice system broke down. The judge knew that no real case existed; the Commonwealth Attorney knew that she had no case other than a young girl claiming to have been molested; the jury assumed that his girl had been molested and that someone should be punished. Rev. Mayson was there in front of them and they decided he would bear the punishment. The jury was so undecided about their decision they sentenced Rev. Mayson to the minimum allowed by law, 6 years. Not the 20 years that seemed to be the norm for this kind of conviction.
In Virginia, the burden of proof beyond a reasonable doubt is required in criminal cases. "Burden of proof" means that the prosecution - in this case, the State of Virginia - must present enough evidence to prove beyond any doubt that the accused committed the crime. The sum of the state's evidence was this girl’s testimony. They did not present any physical evidence, any witnesses that corroborated any part of the girl's story including when she sold donuts and cleaned up the church. The Commonwealth presented no forensic evidence proving that Charlie committed this crime or that any crime had even been committed. The Commonwealth's only other witness was the girl's mother who contradicted her daughter's testimony.
Rev. Mayson’s witnesses countered with the following: the downstairs area of the church has a huge picture window overlooking the parking lot that was highly traveled. She was not in an isolated, dimly lit; out of the way room like she tried to portray the incident took place in. The donut/coffee clean up was always completed prior to the church service, not afterward like the girl stated. The girl would never have been alone, her teacher or other kids would have been helping her. Witnesses said Charlie would not allow himself to be alone with minor children nor would the church be vacant while he was closing up after services. No witnesses remember her ever leaving the church running and yelling or under any kind of duress. One witness stated that she was ALWAYS in the basement after church retrieving her 5 grandchildren when and where the alleged abuse accrued. Another stated he ALWAYS helped Rev. Mayson close up the church while the other members of the congregation waited.
This is a case of uncorroborated testimony given by a girl who had admitted to lying in the past. Who during the trial admitted to withholding evidence in the preliminary hearing. Whose testimony was refuted by her own mother. Who presented no evidence but her word. Who stated that the bus driver had molested her, the first time she told her story, after three years of silence.
This is a case of a jury abdicating its responsibility to be attentive to the witnesses (some slept); to refrain from coming to a conclusion until they were deliberating (two witnesses were talking about the trial during closing arguments); and to reach a guilty verdict because there was no reasonable doubt. What no reasonable doubt? Rev. Mayson had no criminal record and no evidence of anything like this kind of abhorrent behavior in his past. Charlie’s defense presented mature, Christian witnesses swearing under oath that the events described by this girl could not have happened as she stated. Certainly there was reasonable doubt!
This is a case of a judge abdicating its responsibility to stop a trial because there was insufficient evidence to meet the burden of proof. This happened because of his lack of knowledge of the legal procedure and his failure to halt the trial until he had time to research the law before acting. He further abdicated his responsibility to overturn the verdict when presented with motion from the defense which sited: (1) his desire during the trial to stop it; (2) Virginia law citing his responsibility to act; and (3) case law affirming such action.
Those that know Rev. Mayson know that his IS a man after God's own heart and that he is with out a shadow of a doubt innocent of these charges. Yet; as it stands now he will have to serve a 6 year prison term for something he did not do. What's wrong with this picture? Justice Denied!