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Dismissal leaves behind sour taste

While a confession is not a conviction, it is extremely disheartening and frustrating for all of us to see an accused criminal confess to having committed a crime and still walk free at the end of the day.
Thursday, Calvin Poe, who stood accused of molesting a 3-year-old family member at a local home, walked free even after confessing to the crime to Ennis police and U.S. Secret Service members during the winter.

The reason is enough to make many parents shake their heads in frustration: Because there was no medical evidence to corroborate the confession, that requirement fell on the shoulders of the victim.

The court makes concessions for a victim so young, but that person must still show competence in court to be able to understand and answer questions so that the original outcry can be upheld.

Without the ability to follow that process, there is no ability to support the confession.

And a confession is just a confession in a vacuum, or so the representatives of the Ellis County District Attorney’s office and local law enforcement tell us.

It still leaves us angry as a community that the accused will not stand trial for this crime now.

We’re even told that Poe was urged to take the 20-year plea deal offered by the state, but refused to do so.

In his stubbornness, he was able to work the system and win, if not for the long term, at least for the here and now.

The state does have the option to retry the case later once the victim is competent to testify, but we are deeply concerned that the close relationship with the accused will muddy the waters too much for justice to ever be served.

We expect all parties involved, except for Calvin Poe, would be happy to see him stand trial for this allegation, and if the opportunity presents itself to actually this case, it will happen with all speed possible.

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Posted by on Aug 31 2010. Filed under News. You can follow any responses to this entry through the RSS 2.0. Both comments and pings are currently closed.

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