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INNOCENCE, HOW MANY TIMES MUST IT BE PROVEN?
By: Stephen Frank Karban
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There isn't a crime worse than sexually abusing a child.
There isn't a worse experience than being falsely accused of sexual abuse involving your own children, except when your innocence is proven in a trial, then having that innocence stripped away in another trial by a prejudicial judge.
If you think justice is always fair, judges are always unbiased, and your constitutional rights are always protected, you are mistaken.
On December 31st, 2002 while on a family vacation from Michigan to Arizona, some of my adopted daughters began making allegations I had sexually abused them, and alleged abuse had been ongoing for several years.
Once confronted with the allegations of anal intercourse with my then 10 year old adopted daughter, I requested all of our adopted daughters to be medically examined immediately at a local hospital in Phoenix, Arizona.
Being former foster parents, my wife Cherie and I had received training regarding what should be done when a child alleges any type of abuse.
However, once the allegations were made I was forced to leave Cherie's parent's home, where we were staying and no one was medically examined for four (4) days.
On January 1st, 2003 I flew from Phoenix, Arizona to Green Bay, Wisconsin to stay at our secondary residence in Kaukauna, Wisconsin while Cherie and the children drove from Arizona to Rapid River, Michigan where our primary residence was located.
Once Cherie and the children returned to the Michigan home, Cherie took the girls who were alleging abuse to be interviewed by the Michigan State Police.
Following those interviews, the Michigan State Police then contacted the Kaukauna City Police to inform the local police department in Wisconsin of the allegations I may have sexually abused some of the adopted daughters at our Wisconsin residence.
During this time, no police agency in Arizona was informed by Michigan or Wisconsin police regarding any suspected abuse occurring in Phoenix, Arizona.
On January 5th, 2003 I was arrested in Wisconsin on a warrant for the alleged sexual abuse of four (4) adopted daughters.
They described acts of repeated and ongoing sexual penetration occurring in Michigan, Wisconsin, and Arizona.
I was incarcerated in the Delta County Jail until my first trial began on January 5th, 2005 in Escanaba, Michigan.
Following the trial the jury could not reach a unanimous verdict on any of the seventeen (17) counts involving the four girls.
I was kept incarcerated and Michigan retried the case beginning in June of 2004.
Following my second trial I was acquitted of all counts of abuse.
Immediately following the verdicts of “not-guilty”, I was given an arrest warrant for the Wisconsin allegations, kept in custody and transferred to a Wisconsin County Jail.
In April 2005 I chose to accept an “Alford” plea involving the alleged abuse of the oldest rather than wait for another trial.
The agreement I accepted allowed me to maintain my innocence, but gave the State of Wisconsin a conviction.
After fighting 2 1/2 years for my innocence, on May 31st, 2005 I exited the county jail a “free” person except I was required to register as a sex offender.
Thinking I could start rebuilding my life, I began a new engineering design company, Infinite Designs and Solutions (IDAS).
However, I soon found out I was wrong about rebuilding my life.
On June 16th, 2005 two weeks into freedom, a Kaukauna City Police officer involved in the original investigation contacted the Phoenix, Arizona City Police Department and informed them of the 2 1/2 year old allegations.
On July 25th, 2005 I was arrested at my Wisconsin residence, only now for the Arizona allegations.
After a year in custody in Arizona and no forward progress in my case with a public defender, I chose to represent myself.
The first legal task I attempted to do, was to have the Wisconsin conviction overturned.
On March 15th, 2007 the Wisconsin plea offer was withdrawn and the conviction was vacated due to the oldest daughter's perjury.
She had even lied regarding her own age.
In April of 2008 I began trial in Maricopa County, Arizona Superior Court before the Honorable Judge Raymond P. Lee, on June 16th, 2008.
The jury returned eleven (11) “guilty” verdicts involving three daughters.
So what happened in Arizona to cause these convictions?
It was because Judge Lee prevented the jury from hearing “the truth, the whole truth and nothing but the truth.”
Judge Lee determined the jury would be told about the Michigan sexual abuse allegations, but could not be told of my acquittal.
Judge Lee determined the jury would be told about the Wisconsin sexual abuse allegations, but could not be told the conviction was overturned due to perjury.
Judge Lee determined the jury would be told about the “evidence of flight” found in my vehicle when I was first arrested on January 5th, 2003, but could not be told I had opportunity to abscond in 2005 after I was indicted for the Arizona case.
Judge Lee also ruled the state didn't need to disclose the vaginal and anal colposcope images to the defense because the images contained no evidence against me.
Those pictures, based on information contained in the medical reports, indicated hymens were completely intact with no tears or damage and there was no anal scarring in any of the girls even though anal and vaginal intercourse alleged had been ongoing for years.
Judge Lee also ruled I could not cross examine the Phoenix Police on “failure to conduct a proper investigation”.
I know, you must think I am joking but that's a fact!
The jury would also never be told how the oldest was on probation for stealing pills and taking them to school.
How she would engage in sexual chat while on line, watch adult videos, or steal alcohol to drink.
Judge Lee allowed the State to make my accusers look like angels, while making me look like I was trying to escape prosecution.
The jury would never learn I came to Arizona voluntarily to clear my name.
So what did I have in my favor the jury apparently ignored?
Most all the incidents of alleged intercourse occurred in the presence of others, yet no witness was produced.
I had my homes, offices, computers, and finances torn apart in a year long investigation and nothing to corroborate anyone's story.
Computer forensics undeleted images 2 1/2 years old from my computer hard drives, yet nothing was found as was alleged.
Each girl had a genital examination conducted.
By two different hospitals!
Each independent examination indicated no trauma existed.
The first medical examinations were conducted 96 hours after the last alleged intercourse, which supposedly occurred in Arizona while eight (8) of us were in a pop up camper.
An examination was done looking for my body fluid.
The oldest had numerous pieces of bedding and clothing analyzed for semen.
Michigan State Police Forensics even analyzed the hair follicles in my electric razor.
So what did the police find?
Not a single piece of physical evidence to support such incredible allegations.
The oldest described my penis as circumcised.... wrong.
Another said multicolored “baby oil” would squirt from my penis during sex.
Yes, she described during her testimony at 16 years old how white, yellow, clear and green “baby oil” would come out of my penis during sex.
Even with no evidence I was forced to fight a trial so weighted against the truth, it was like trying to swim with cement blocks chained to my legs.
Now I am about to be sentenced to life in prison when I could have chosen a probation eligible plea offer.
Sorry Arizona, my innocence and my integrity isn't for sale.
I made a mistake once signing a plea offer for a crime I didn't commit.
I would never do it again.
Since my conviction, a site on the Internet,was created to share my whole experience, to solicit help in my appeal and to show the world justice isn't fair in Maricopa County, Arizona.
My website contains a complete and detailed chronological history of my interaction with the justice system including some of the actual motions filed in my Arizona case.
Please visit www.stevekarbandefensefund.com and learn justice isn't always fair.
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