Website Updates
Allen N. Cowling
Cowling Investigations, Inc.
Our Most Recent Client Case Dispositions and
Website Additions
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December, 2007 - Following my client's
conviction in December, I prepared our latest webpage in an attempt to help
others avoid the same mistakes. Since I began to limit my practice to defending
the falsely accused in 1989, out of more than 220 trials and over 500 cases,
I have had 5 client's convicted and in each case, except one, the mistakes
made at trial were exactly the same. The defense attorneys were all excellent
litigators who claimed to have expertise in defending false allegations of
child sexual abuse, but in each case, they failed to properly question the
accusing children on the witness stand, they failed to properly challenge
the State's experts and they failed to point out, in detail, why the allegations
could not have been true. In each of the above convictions, there were multiple
accusers and multiple charges. In cases of that nature, you must deal with
each accuser and each charge separately and thoroughly. Failure to do so
can easily result in a not guilty verdict on some charges and a guilty verdict
on others. This happens when the defense attacks only the serious charges.
If you have an attorney who does not understand the absolute necessity for
defending your case properly at trial, or who is unwilling to, my best advice
is, get another attorney before you are forced to listen to the words, "Guilty
as Charged." What does it take to win? See
The Falsely Accused
and Winning at Trial.
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December, 2007 - A Maryland client, facing
25 separate felony counts of child sexual abuse, based on allegations from
two young girls, was found not guilty on 19 counts and guilty on 6 counts
following a bench trial. Without question, this man should have been found
not guilty on all counts. For a detailed explanation, see
Maryland
Conviction.
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November, 2007 - A Virginia father who
was falsely accused of child sexual abuse by his ex-wife and was acquitted
by a jury at his criminal trial in July, 2007, was awarded full custody of
his children.
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November, 2007 - A Florida father, who
was accused of child abuse by his ex-wife, had his case closed without criminal
charges ever being filed. He then petitioned for and was awarded full custody
of his children.
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October, 2007 - Our prayers go out to
a prior Oregon client. I was retained to do an initial assessment in the
case after my client was charged with molesting two of his granddaughters.
During my assessment, I found that he had no defense and I strongly recommended
that he change attorneys before going to trial. Believing that he could turn
things around, he went to trial with the same attorney and, according to
his wife, "It was all over when the girl started crying on the witness stand."
He was sentenced to 20 years.
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September, 2007 - A North Dakota client
was acquitted by jury of charges that he murdered his infant daughter. This
case began with the defense attorney discussing a plea and telling my client
there was no way to defend against the State's case. At that point, my client's
father became an untiring advocate for his son. Together, we conducted an
exhaustive amount of research into infant death, skeletal injuries, healing
fractures and located various professionals who had experience and expertise
in these issues. My client's father continued to push until the experts supported
his son's innocense. When the expert's opinions began coming in, the defense
attorney, realized he did have a case and did a masterful job at trial.
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September, 2007 - The Appeals Court affirmed
a lower Court decision to dismiss all sexual abuse charges against a Minnesota
client. In many cases, I recommend two possible motions; Motion for Psychological
Evaluation of the Accusing Child and a Motion for a "Taint" Hearing. Normally,
what I hear is the same - "You can't do that is this state." This was the
perfect example of what can happen. My client was successfully evaluated
in Atlanta and the results were presented to the trial judge, along with
the Motion for Psychological Evaluation. The Court agreed. The evaluation
of the child accuser found that the accusing child had been coached on many
levels by many persons and it was impossible to distinguish whether the child
was giving an account of something that actually happened, or simply parroting
what they had been told and taught. Based on the evaluation, the defense
then filed a Motion for a "Credibility Hearing, (same as a Taint Hearing).
When the child's evaluation was presented to the Court, the Court agreed
with the expert's findings and dismissed the case. The State Appealed. The
Appeals Court upheld the State Court's decision and this man got his life
back.
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August, 2007 - A Mississippi client, who
had been arrested and charged with sexual abuse, testified before a Grand
Jury, who refused to indict him.
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July, 2007 - After 9 months in jail, a
one day trial and a 45 minute verdict, a Virginia client was acquitted of
all charges of child sexual abuse by a jury. Following his arrest, my client's
family retained a high-profile attorney who also recommended an out-of-state
attorney with expertise in defending false allegations of child abuse. When
nothing had been accomplished by the defense months after his arrest, a local
attorney was then retained, one who had heart, compassion and the desire
to defend. She prepared a proper defense and was nothing short of perfection
at trial.
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February and March, 2007 - For half of
February, 2007, and all of March, 2007, I have been assisting my client and
his attorney with my client's trial in Connecticut. Several years ago, my
client was accused of inappropriate sexual touching by three separate girls
and then charged accordingly. All three cases were consolidated by the Court
and were tried at the same time. As the case ended with a verdict on March
23, 2007, all I can say is thank God for the jury system and thank God for
the right jury. The jury in this case was one of the most conscientious and
intelligent group of people imaginable. They were not swayed by the hysteria
of a child sexual abuse allegation, the number of charges that were involved
or the fact that there were three separate young girls, two of which were
alleging years of unbelievable abuse at the hands of my client. This jury
listened carefully to the evidence presented to them and they reached a verdict
based strictly on that evidence and not emotion. As previously stated, my
client was facing 9 separate felony counts from 3 young female accusers.
The verdict was NOT guilty on all counts with the exception of one - "Risk
of Injury to a Minor" and, based on the evidence before them, that was a
proper finding. This was not simply the case of the jury saying, "Oh, there
is so much, we need to find him guilty of something." Their verdict was
absolutely correct and right on target. The jury found absolutely no credibility
whatsoever in any of the sexual abuse allegations by any of the accusers.
Yes, the one charge we are now facing is still a felony, but it gives us
the ability to address and deal with that one issue now without having to
concern ourselves with the unbelievable allegations we were being forced
to deal with previously. As with any child sexual abuse case, there was a
great deal of emotion during this trial. The prosecution's side of the courtroom
was filled with the parents and grandparents of the accusing children and
employees from the local State's Attorney's Office who, by their own actions,
had already determined, in their own mind, that my client was guilty before
the trial even began. Despite that and the fact that there were a few incidents
where several employees from the local State's Attorney's Office and one
Marshall were far less than professional, snickering in front of the jury
when the defense attorney would make motions, none of that actually had any
affect on the jury. The majority of the Marshalls were polite and professional.
Only a few had what appeared to be an ax to grind. The State's Attorney and
the investigator from his office, assisting him, were both ethical and
professional in the manner in which they conducted themselves throughout
the trial. In fact, the State's Attorney in this case was, without question,
one of the most honorable, methodical and prepared prosecutors I have seen
in the many trials I have participated in throughout the country. He simply
did his job in a professional manner and without the hate I see so often.
The judge in this case had the patience of Job and above all, both the State's
Attorney and the Defense Attorney should be congratulated on the manner in
which they both dealt with the accusing children while they were on the witness
stand. My most sincere and humble thanks to the jury, the State's attorney,
the Court and to the defense attorney, Kevin Ferry. After 4 years of living
in hell, my client is now is a position to get his life back. This trial
was the true text-book example of how a sexual abuse allegation case should
be handled by everyone, especially when dealing with the child accusers.
As I leave Connecticut for my next case, I am truly honored to have been
a part of my client's overall defense and proud beyond words for him and
his family.
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December, 2006 - In an ongoing custody
battle, a Florida client and father found himself facing false allegations
of sexual abuse from his child. After all testimony was completed in a hearing
today, the Court dismissed his ex-wife's motion to suspend visitation between
him and his children. In addition, the Court found the mother guilty of contempt
for coaching the child and for alienation. The Court sentenced her to 20
days in county jail, but then suspended the sentence. The mother blurted
out, "But what if the kids don't want to see their Dad." The Judge told her.
"Then you will be going to jail until they do." "If they don't want to see
the Dad it is because of what is coming out of your mouth." My client now
has a qualified custody evaluator and is going forward with his petition
for custody of his children. My utmost respect to a father who refused to
quit! Amazingly, this is only the second case I have ever been involved in
where there were consequences for a mother's actions in coaching a child
to make false allegations of abuse against a father and both cases took place
in Florida!
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November, 2006 - I am so proud to report
that one of our most potentially dangerous cases, where my client was facing
13 charges, each with a potential life sentence, after being falsely accused
of sexual abuse by two children in Virginia, was dismissed entirely by the
state two weeks prior to his trial. I cannot express the words to say how
proud I am of both my client and his wife. Their dedication and persistent
efforts toward proving his innocence never ceased. Words are inadequate to
describe his joy as he ended his house arrest, his electronic monitoring
device was removed and his freedom was restored, ending a 7-month nightmare.
Without question, he and his family will be blessed with the best Thanksgiving
and Christmas imaginable. It is a pleasure to know them and a great honor
to have worked with them.
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November, 2006 - I am so saddened, shocked
and unbelievably angry as I report that one of my very special clients was
just convicted. That conviction is the topic of our newest page,
Defense Attorney Fails
Miserably - Conviction Destroys Family -
This webpage explains how easily an innocent
man can be convicted of child sexual abuse allegations when he is represented
by a high-powered, egotistical attorney, who depended on his reputation to
get his client acquitted. He rejected and trashed all outside assistance,
he never had a true understanding of the case or the defense and his trial
presentation was far from adequate. This is the story of a family who was
destroyed by an inexcusable and unnecessary conviction. Following my client's
conviction, his attorney showed no remorse, but he did tell my client and
his family at sentencing that he and his firm would be the best ones to handle
the appeal because no one understood the case better than they did. One,
he and his partner never understood the case and two, it is highly doubtful
that "they" would claim "ineffective assistance of counsel" on appeal, the
very reason for the conviction. I apologize if I sound vindictive, but I
have absolutely no respect for any attorney who provides the "slopped together"
defense these attorneys did when they had a client's life hanging in the
balance of the defense they were retained to provide. On the positive side,
two of the nation's most respected appellant attorneys have expressed a desire
to assist my client. My heart and my prayers go out to this man and his
family!
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October, 2006 - For the past two years,
we have been involved in a child custody case in Minneapolis, MN where some
very serious false allegations of child sexual abuse were made against the
father. After a great deal of effort on the part of many people, the father's
attorney successfully filed a motion to have the mother and the accusing
child psychologically evaluated. The results of those evaluations then provided
the father with the ability to file a Motion for a Credibility Hearing -
sometimes called a "Taint" Hearing. Based on all evidence presented, the
Court found that the accusing child was not credible. The State has appealed
that decision, but for all practical purposes the case should end and the
father is in a perfect position to obtain custody and have his children removed
from an environment where a mother was willing to use a lie of that magnitude
in order to gain the upper hand in their custody battle. The individuals
who have been involved in working this case are, by far, the best group of
professionals I have ever seen. A most special thank you goes out to "Judy,"
a very special and dedicated lady, Reena Sommers, Ph.D. the criminal and
civil attorneys and all others who assisted.
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October, 2006 - In a Florida child custody
case where, yet again, false allegations of child sexual abuse were made
against the father, the State made the decision not to file any criminal
charges against the father, based solely on a series of psychological and
sexual preference evaluations that he successfully completed in Atlanta,
Georgia. Obviously, refusing to file criminal charges upset the mother and
she continued coaching the children, attempting to bring new allegations.
Amazingly, the State is bringing criminal charges against that mother. That
is a first.
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September, 2006 - In a Texas case, where
allegations of child sexual abuse were made against a man by his girlfriend's
daughter, the daughter recanted and admitted to a teacher that the allegation
had been her mother's idea, after she learned that the man had passed a polygraph
and that he had successfully completed a psychological and sexual preference
evaluation, ending his 3-year ordeal.
Child Custody and False Allegations
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When confronted with false allegations of child
sexual abuse in a custody battle, there are three of our webpages that I
highly recommend and each applies to a mother or a father:
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The Father and
Child Custody in False Allegation Cases -
A comprehensive evaluation and study of what
is necessary for a father, or a mother, to gain custody of his, or her children
when faced with false allegations of child sexual abuse. This is a lengthy
page, outlines a basic strategy for success and identifies the proper use
of experts in these cases. Material here will assist anyone who is being
falsely accused in properly preparing a defense.
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But I had the Best Criminal
Attorney in the State! What Happened? -
An actual case analysis that examines the normal
criminal defense attorney and why things just don't seem to get done in false
allegations of child sexual abuse cases. This case was a child custody case
where a mother attempted to use her child as a means of attempting to destroy
the father. He was criminally charged and was acquitted at trial, but thankfully,
he was not represented by his original defense attorney, "The Best in the
State," or the chances are very good he would be sitting in prison
today.
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Success
Story - One client's story following
his two-year ordeal in dealing with false allegations of sexually abusing
his daughters. All abuse allegations were destroyed and our client got custody
of the two daughters he was "alleged" to have molested. The court ordered
any future visitation between his wife and his daughters to be supervised
and his wife was ordered to pay him child support and nearly 1/2 of his legal
fees for making false allegations. A true success story from beginning to
end and a perfect example of what a father can do when they refuse to give
up, regardless of what he is faced with.
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Regarding custody issues, unfortunately, about
80% of the fathers that contact us are not motivated by what is in the best
interest of their child, or children, but rather because they are mad at
their wife, or ex-wife, and are seeking custody only as means of "getting
even." If that is the case, please do not waste your time or ours by contacting
us. We do not get involved in cases like that. Our main focus on any custody
case is truly what is in the best interest of the child or children. I do
not consider it in the best interest of any child to remain in the custody
of a parent who uses that child and a false allegation of abuse to gain the
upper hand in a custody battle.
Your Attorney
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We have provided a great deal of information
about this topic and I would urge you to go to the SiteMap, scroll to the
heading, "Your Attorney," read it and all the attached pages. Since I began
defending the falsely accused in 1989, I have had three clients convicted.
As to the first and second convictions, I have yet to see a more poorly prepared
or presented defense. In each of those cases, the attorneys had unbelievable
egos, but very little knowledge of the case. Amazingly, the second attorney
advertises his "expertise" in defending false allegations of child abuse
cases and has written articles on the subject, but his cross-examination
of State witnesses in our case actually did more to convict the client than
anything the prosecutor did during trial. In addition, during discussions
I had with that attorney and the client, as we went through trial, it became
clear that the attorney had serious issues with even telling the client the
truth on many issues.
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The third conviction, the subject of our newest
webpage identified above, should never have happened. That case is an excellent
example of an attorney, who would not listen to anyone, who had all the answers,
yet very little real knowledge of the overall defense.
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Anyone who has been falsely accused and criminally
charged is betting their life on their attorney. It is a little late when
entering a courtroom and discovering that you are not being represented properly.
Remember, everyone in prison had an attorney. Of the hundreds of cases I
have been involved in, I have found only 6 attorneys in this country that
I honestly consider as excellent and all 6 are listed on my expert's page
on this website.
Policy for Contacting Us
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As our contact page says, please do not email
us, asking us to call you. If you have a question, please call my office
and if you have questions about what we do, how we do it or our fees, please
go to our Site Map, linked below, where everything is clearly and carefully
explained for you. There is nothing more aggravating than getting a call
from someone who says, "I read your website." "What can you do to help
me?"
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I have spent years putting information together
for this website, mainly to help those who are not financially able to afford
professional assistance. It can help you! If you have been falsely accused
of child abuse, your first concern should be to educate yourself so that
you know factually what is going on and what could be ahead of
you.
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