Prior Questions from the Falsely Accused
Provided by Allen N. Cowling
The following are some of the questions and issues
previously submitted to Allen Cowling and Cowling Investigations, Inc. We have included these here as a
means of offering possible assistance to anyone falsely accused.
What can you do to assist me with a false allegation
of abuse?
How long does an investigation of this kind usually
take?
How much does it cost to defend a false allegation
case?
What can you do to assist me if I was convicted based
on a false allegation?
How do I make sure that the attorney I have is doing
their job properly?
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Information regarding selecting a proper attorney
can be found under the heading on the main false allegation page, Your
Attorney. I urge you to read that information and the link Attorney Issues, specific to "Questioning a Prospective Attorney
in False Allegation Cases." For the most part, your life will rest in the hands of your
attorney and it would certainly benefit you to know if they are functioning properly.
I have been accused of abusing a child, but I have
not been charged, arrested or indicted. Should I wait to see what happens before doing
anything?
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Waiting to see what happens following an allegation
can be suicide for an accused. What exactly would you wait for prior to taking action, more
accusations to surface? If you have any chance of stopping the allegation before it gets into the
system and out-of-hand, do so. Anyone who tells an accused to "wait and see," lawyer or
otherwise, does not have their best interest at heart. Begin a defense immediately. It could mean
the difference between prison and freedom. I have seen a case where an accused, upon the advice of
their attorney, "waited to see," following a single accusation. That single allegation
suddenly became 14 individual charges and the attorney then recommended an eight-year
"plea." Depend on the fact that a prosecutor does not "wait to see" what
happens. Begin a defense at the earliest possible time. Never lose sight of the fact that the
person who says "wait and see," is not the individual who will go to prison.
Are there any programs that will pay for your
services?
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To the best of my knowledge, there are no grants or
funding projects available to pay the fees that we and other experts defending false allegations
must charge. As a result, we must charge for our time and cannot provide Pro Bono services. We do
realize, however, that not everyone is in a position of being able to afford a proper defense. They
simply do not have the funds available. With those individuals in mind, one of our main goals in
designing this website was to make it as educational and informative as possible, not simply a
means of "selling" our services. There is no greater honor than to receive a telephone
call from an accused or their attorney telling us that the information they obtained here was
beneficial and assisted in an acquittal.
We desperately need your help. My son contacted you
last year when he was being accused of touching his niece, but he had not been arrested at that time.
You evidently told him that he could be looking at more charges and you were right. What started off
was touching but when it was all over, he was looking at 7 different charges, including putting his
finger in her vagina. When he originally talked to you, you recommended setting up a meeting between
you and him, preparing his defense and, from what I understand, that included some kind of testing. My
husband and I were financing my son's defense, so we discussed your recommendations with his
attorney. He told us that what you suggested was a waste of time and money and would not help our son.
Unfortunately, we did not know any better, thought he had everything under control and went along with
what he said. Yesterday, our son's trial ended and the jury found him guilty. The attorney who
represented him said he was surprised and did not see how the jury could have reached the verdict they
did, but his surprise at this point is of no consolation to us. Our son is going to be sentenced in
about two weeks after they prepare some kind of pre-sentencing report. His attorney said that we need
to get another attorney if we want to appeal the conviction, because he does not handle them. Can you
help us? Maybe if my husband and I had talked with you personally and you had explained to us what you
did to our son, I would not be writing this today, but that is water under the bridge.
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I am very sorry to hear about the conviction. I do
remember talking with your son and was very surprised that I heard nothing else from him, but as
you said, that is water under the bridge. You need to at least have a notice of appeal filed,
whether an attorney does it or your son does it himself, Pro Se. Once the notice is filed, you will
at least have time to determine the best avenue to take. Yes, we can help, but the problem is, at
this point overturning the conviction will be far more time consuming and costly and much of what
we would do now is exactly what we would have done a year ago. You son is innocent and that must be
proven. One possibility would be to gather enough evidence to support his innocence, proof that was
never made available during his trial, and petition the court for a new trial based on newly
acquired evidence. If you want my assistance, I'll need to meet with you, study the entire
court file and review any and all transcripts in order to know how best to proceed.
There are a lot of laws on your web pages. Are you an
attorney?
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No. I have been a private investigator for 40 years.
I am experienced at preparing a defense for anyone falsely accused, consult on false allegation
cases and assist individuals acting Pro Se, (without an attorney) in their attempts to have their
wrongful convictions reversed.
I have been accused of molesting my 13-year-old
step-daughter. After discovering your website, I wanted to thank you for the information you have
provided. I do have one question. From what I read, it appears that you don't care for lawyers. Why
not?
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It is not that I do not care for attorneys, quite
the opposite. I have the utmost respect for any attorney who is caring and mounts an aggressive
defense for their client. There is no greater pleasure than to be associated with such an
individual in a false allegation case. What I do have a problem with are the attorneys who profess
to be experts in handling abuse cases when in fact, they have never been near one. That is called
"fluff" or telling the client what they want to hear, regardless of whether it is the
truth or not. Most of these attorneys, when retained, prepare either no defense or a haphazard
defense that ultimately results in the conviction of an accused. A quality attorney has no ego. It
does not always have to be "their" way. They work as a "team" with other
defense team members, striving for one overall goal; defending their client. Their genuine desire
is to obtain whatever assistance is necessary to properly do their job and are not ashamed to ask
for help. I am reminded of a case, where the attorney for our falsely accused client, came to my
motel room one night and spent 4 hours just discussing defense possibilities. What an honor it was
for me to even have been associated with him. Our efforts in that particular case resulted in a
complete acquittal for the client and, most probably, one of the biggest compliments we ever
received. Following trial, the attorney told the client that he could never have gotten anyone
locally to accomplish what we did and, even if he had been able to, it would have cost the client
more than three times what he had paid us.
Why are there so many innocent people, facing false
allegations, convicted?
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There are many reasons. The desire on the part of a
jury to "believe the child," or their thoughts that, "maybe it didn't happen,
but just in case it did, I gotta protect this child." Some attorneys who tell a client
"you cannot defend these cases." "You cannot prove that the child is lying."
The totality of the defense consisting of responding only to the state's case. No aggressive
motion practice to determine the specific testimony of the state's "experts." No
preparation for dealing with the accusing child's testimony after they have been
"coached" following multiple interviews. Not handling discovery properly. Defense
preparation without experts. No real investigation of the facts. No serious analysis of the overall
problem resulting in no real defense strategy. Failure to develop a defense strategy and then
sticking to it. Defending the client haphazardly or in a panic as the eve of trial approaches. The
list goes on, but basically, and in most cases, there simply was an inadequate defense.
I notice that you have an hourly rate and a daily
rate. What is the difference? Wouldn't it be less expensive to charge me for the time you actually
spend?
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Not at all. Our working hours average 15 plus hours
per day when not in trial and, during trial, the average can easily become 24-hours a day. Billing
a client for actual working hours would be a significant increase over the flat-rate.
I am in the process of going to trial after being
accused of sexually abusing my 3-year-old daughter. My attorney tells me that he is not worried. I
asked him what experts he knew that could assist us and what experts he planned to talk to. He said we
didn't need any experts.
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Certainly not trying to second-guess your
attorney's strategy, but depend on the fact that the state will use experts at trial and, under
most circumstances, so should you. I would, at the very least, talk with someone experienced in
defending false allegation cases and get their opinion as to the use of experts. It is
"you" who is facing prison, not your attorney.
I talked with you about two years ago when I was
facing charges and wish I had listened to what you told me. I didn't and took a plea because my
attorney told me a year was a lot better than the 15 possible years I could be looking at if a jury
found me guilty. When I took the plea, I thought it was the easiest way out, even though I was not
guilty of anything. Now, I just had a civil suit filed against me by the parents of the child who
accused me. It is actually the child who is suing me, but she is doing it through her parents. Can she
do this? What do I do? Any suggestions?
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Absolutely, it can be done and is being done more
frequently in this country. Sad part is, no one thinks about it until they are forced to face it.
As to suggestions, basically, you are back at square one. Your defense to the civil action is to
prove your innocence, something you should have done regarding the criminal matter and didn't.
Main problem now is, depending on the type of plea you accepted, you probably admitted guilt,
regardless of whether you were or not. Since you may well have already admitted guilt, you
basically gave them their case on the civil side and the only question left would be, the size of
the jury award. I mean, based on your plea, they do not have to "prove" you did it. You
told the court you did.
A deputy sheriff came to my home and told me that I
was being accused of sexually abusing my brother's son about 10 years earlier. I was shocked
because I had never heard anything about these allegations before the deputy told me. I told the deputy
it never happened and he asked me if I would agreed to take a polygraph. I told him I would be happy
to, that I had nothing to hide, and it was scheduled for the next morning. When the deputy left, I got
scared, talked to an attorney and then hired him. He called the deputy and told him that he would not
allow me to take the test.
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The accused retained us to assist him and after
discussing the matter at length, I talked with what I consider to be the most reputable,
experienced and honorable polygraph examiner in his state, who also happens to be a police officer.
In this case, I knew my client was innocent, knew that he would pass a polygraph and wanted an
examiner whose results would be accepted, without question, by law enforcement and the prosecutor.
I met with the examiner, discussed the matter thoroughly with him and scheduled a test for my
client. I then met with my client again and thoroughly prepared him for the testing. He took the
polygraph examination and passed with flying colors. The results were presented to the
investigators and the prosecutor. All charges were dismissed as unfounded. His attorney was never
advised as to what was taking place, especially since his theory was, "let's wait and see
what they have." We were told by the prosecutor that when the client originally agreed to take
the test and then, the same day, refused, that was a signal to them that he had something to hide,
was guilty and they were preparing a full-scale investigation.
My husband and I talked with you last year just
before he went to trial. He had been charged with abusing his daughter by a previous marriage. When we
discussed our case with you, you recommended that we talk to another lawyer about representing us. My
husband decided not to, because we already paid the lawyer we had so much. Well, to make a long story
short, he was convicted and sentenced to serve 12 years. Is there anything you can do now to get this
turned around? The lawyer we had did file an appeal, but I read it and it really doesn't say
anything. We have no place to turn. Can you help us?
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First, I am sorry for the conviction and wish it had
worked out some other way. As far as assisting at this stage, it would depend entirely on
determining "why he was convicted" and then using that fact, or newly acquired evidence
as a means of petitioning the court for a new trial. Unfortunately, anything at this point would be
far more difficult and time consuming than it ever would have been had you prepared a proper
defense prior to his trial but yes, it can be done.
I was accused of sexually molesting my step-daughter.
The prosecutor told my attorney that all charges would be dismissed if I would agree to submit to a
polygraph and passed. I did take a polygraph and failed it. Now the one accusation against me has
turned into 14 separate charges.
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The accused failed the examination, not because he
was guilty, but because he had been "programmed" by his own defense attorneys to believe
that he had done something wrong, when in fact, he had not. Unfortunately, no one, with any
experience, de-programed him prior to testing. If they had, he most probably would have passed the
polygraph and completely avoided any additional charges. We were retained, but got involved too
late to prevent the matter from going to trial. He was acquitted of all charges.
I have been falsely accused of abusing my daughter.
Do you recommend and is it legal for me to tape record conversations I have with people as I am going
through this?
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Absolutely, record everything possible. Could be
your only salvation and certainly could mean the difference between prison and freedom. Each state
has it's own laws regarding recording. Most states are known as "one party" states,
which simply means that if one party to the conversation is aware that it is being taped, there are
no laws being broken. In those states, you are not obligated to tell the person you are taping that
the conversation is being recorded. In "two party" states; however, both parties must be
made aware, so obviously, you cannot record the conversation without letting the person you are
taping know that they are being taped. To determine which states are "one party" and
which are "two party," see Laws on Recording.
I have been charged with sexually abusing my
daughters. In preparing a defense, I went to another state and submitted to psychological testing and a
penile plethysmograph. I passed everything and thought I was home-free. My attorney tried to get the
test results admitted into evidence, but the other side objected because they said there was no
scientific validity to the tests and also objected because I went to another state when the same
testing was available in the state where I live. The other side won, nothing about the tests could be
used.
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This is one of the most controversial subjects
dealing with false allegation. It should not be a requirement that an accused take any
"testing" to prove their innocence, yet in these cases, those tests often mean the
difference between guilty and not guilty. It is not the tests that are a problem, but the manner in
which they are handled. We use testing frequently to benefit our clients, but most probably use the
results differently than most anyone else. As an example, a client in Chicago had been accused by
his wife of sexually molesting his daughters. We were retained, prepared a defense and all charges
were dismissed as unfounded. The client was then awarded temporary custody of the very daughters he
allegedly molested and the accusing wife was granted limited and supervised visitation and ordered
to pay child support. Realizing that the wife's attorney would probably file a motion asking
the court to order the client to submit to a psychological examination, I had him tested thoroughly
out-of-state. The tests included a battery of psychological tests, sexual preference, polygraph and
drug screen. He passed everything perfectly. We did not advise his attorney of the tests or the
results and the report was sent to me, not to the client. Sure enough, as expected, and based on
the wife's attorney's motion, the court ordered the client to submit to an examination by
their psychiatrist. When the client contacted their psychiatrist, he was told that as part of her
examination, she wanted him to take a "polygraph," "penile plethysmograph" and
an "Abel Screening." He had already taken the Abel Screening, so I advised him to take
the polygraph and plethysmograph and then, when going for the Abel portion, to advise the examiner
that he had completed the examination by Dr. Abel personally in Atlanta. Only then, did he make his
attorney aware of his Atlanta testing. The attorney's immediate reaction was a desire to obtain
the Abel report and present it to the court with hopes of avoiding the testing the other side
requested. The client, per my advice, refused to allow that. The key for this client was in his
ability to "pass" all tests that his "wife" could throw at him. Only then would
it end. There is absolutely no way that his wife's attorney would have accepted the
client's test results "for" the testing they desired. Had the client's attorney
filed his testing results with the court, the only thing that would have transpired would have been
more time, more expense, more motions and more hearings, but the final result would have been an
order for the client to complete the wife's testing regardless of what tests he previously
took. The client had the best thing possible going for him. He had a battery of tests in his
"hip-pocket," proving that he was not a child molester. If the results of any test the
wife required were different, the immediate question would have been; "How could I possibly
have failed your test, yet passed the entire Abel Screen so easily." In that case, the
wife's attorney would have had no argument regarding the admission of the Abel report,
especially since that was one of the tests "they" required. It worked perfectly for the
client. He passed everything with flying colors and because he passed what his wife's attorney
required, they simply had no ammunition left. Again, these tests are invaluable, but only based on
the manner in which they are handled.
We copied material from your website and gave it to
our attorney. He refused to use any of it, saying it amounted to nothing more than garbage. My husband
was convicted and sentenced to 15 years. I was told that he was convicted because of the testimony of
the state's expert psychologist who had interviewed our daughters. He testified that he was
convinced that my husband was guilty because he matched every profile of a child molester. Our attorney
never even objected to anything the psychologist said. What can we do?
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Had the attorney bothered to read some of the
material you provided him with from this site, he would have dealt with the psychologist prior to
trial and kept any testimony out that was simply given to infuriate the jury. You are in a
"DAUBERT" state, meaning that "expert testimony" must be backed by scientific
validity and a psychologist's personal "opinions" would not be allowed unless they
can show that the opinion is "proven" to be accurate. In your case, that would not have
been possible since there is "no" recognized profile of a child molester. As to what to
do, you may consider either a legal malpractice action or addressing "ineffective assistance
of counsel" in your appeal or other petitions you file. Be aware though, in most cases, if you
do not address ineffective assistance in your appeal, you may well be barred from raising the
argument in later petitions should the appeal fail.
While going through a very nasty divorce, I was
accused of molesting my step-son, 12 years ago. I found your website six months ago and told my
attorney that I wanted to hire you to assist me. He told me the timing was not good and that we needed
to wait and see what developed. I have done nothing to defend myself because I was told to wait. Now
the allegations have become a major part of my divorce and custody battle and have hurt my business
because they have actually gone public. Is it too late for me to begin defending myself and turn this
around?
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No, it is not too late, however, I would certainly
recommend that you talk with an attorney, experienced in false allegation cases, that you
"stop" waiting to see what develops and that you mount a vigorous defense. It is
absolutely crucial that you "prove" you are innocent to survive. Attorneys who are not
experienced in these cases have no idea what they are facing. Get an expert, whether they are an
attorney or someone with experience in defending false allegation cases.
I just wanted to follow up on my first email to you.
If you remember, I was interested in your services but was very skeptical. For all I knew, you could
have been another internet scam, just trying to make money by using my fear of going to prison. Also, I
could not see how you could accomplish anything in a few days when my lawyer had not been able to over
a year, especially when I had 2 little girls falsely accusing me. Now, I have to say that you were the
best investment I could have made. I was just told today that all charges against me are being dropped
and that is a long way from my own lawyer trying to get me to take a plea before you got involved. I
can't say thank you enough for giving me my life back.
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Fantastic on the charges being dismissed and, yes,
that is a long way from the plea they were trying to get you to accept, but the credit is not mine.
It belongs to you and to your wife. We all worked equally as hard, going through everything and
putting together the time line that proved nothing happened and it was you who spent countless
hours, transcribing those interview tapes no one else had ever bothered to do. It was you who
submitted to all the testing, even when you were told you initially failed two polygraphs. I may
have been a guide, but I could not have accomplished anything without your help, your trust and
your belief in me. Congratulations, thanks for the faith you did have in me and I can honestly say,
this is the reason I do what I do. You are living proof of what can be accomplished. Let's not
lose contact.
My son met with you about a year ago when one of his
children made allegations against him. That allegation was investigated by the Department of Children
and Youth Services and unfounded. There is no doubt that his ex-wife was behind all of that. Last week
he was arrested after allegations were made again, but this time by both of his children, and my
understanding is that he called you and you are unwilling to help him? Why? Is this a financial issue?
I will be more than happy to pay your fees.
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My decision had nothing to do with finances. When I
met with your son last year, I told him that the allegations against him would eventually get worse
and that he needed to get his children out of the environment they were in, for their sake as well
as his. He agreed, but told me he wanted to wait and see what happened before he spent additional
funds to go forward. My decision was based on two issues; one, his personal finances were more
important to him than the welfare of his children and two, the allegations could have been
controlled by dealing with them before they reached a point where they got completely out of hand.
When I am dealing with any case where a mother is using allegations of abuse against a father to
gain the upper hand in a custody battle, my main concern is for the welfare of the child or
children. They do not need to be in that environment, nor do they need to be taught or trained that
making a false allegation is acceptable. I have seen far too many cases where a father's main
interest and concern is in themselves and not in their child or children and I have no desire to
work with anyone in that frame of mind. I hope you understand. Your son is an adult. He can make
many of his own choices. His children do not have that luxury. Who fights for them? As my webpage
on child custody explains, I have no interest in working with any father who begins a conversation
with, "How much will it cost to get my children?"
You have accessed one of the many pages here at the
Cowling Investigations, Inc., a False Allegation Defense Website. For an explanation of how we assist
our clients who have been falsely accused, see Our Expertise, We Can Help. If you have been
falsely accused, see What to Do - What Not to Do When Falsely Accused.
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