Gary Day
During this last attempt at reconciliation, unbeknownst to me, my ex takes the child to be examined because she claims that this third party has molested her. There is a report made alleging this third party has sexually abused the child but the accused now lives out of the State of Alabama, so no charges are pursued. This report that was made will, however, play a dramatic role in my life in the near future.
A custody battle ensued where I was awarded custody of all three children. Bear in mind at no time was there any allegations of any abuse by me brought up. Within a matter of weeks I found myself arrested and charged with “sexual abuse” and “rape in the first degree”. Does this not seem coincidental? The trial that followed two years later is where I will pick up my story.
In order for the State to find a person guilty of the charge of “rape in the first degree”, they must prove that the defendant and the victim had sexual intercourse of any level which is known as penetration. The Federal and State Courts both agree that any level of penetration, no matter how slight, is sufficient BUT it must be proved that this penetration involves the male penis and the female vagina. This is another important fact for you to remember. Unfortunately, the available space does not allow for the transcripts of my trial to be viewed, so I will illustrate the evidence and testimony that were used to convict me.
The only physical evidence was the report made that bore the name of the party that was earlier accused but never prosecuted, a report that had absolutely nothing to do with me. An expert witness, in the form of a doctor, testified that there were signs of penetration BUT the penetration was not from a penis, rather a finger or a small stick; remember, the victim testified that the other accused party stuck his finger in her vagina. A school counselor testified that the victim was caught multiple times masturbating in class; (a further possibility of the penetration witnessed by the doctor), and the victim herself at no time testified that the defendant’s penis entered her. I am sure you are asking yourself that if this is true how did I get convicted? I will tell you. At the end of the State’s case presentation, the Judge called opposing counsel to the bench for a side bar. He notified counsel that he acknowledged a case of “sexual abuse”, may be proved by the evidence, but the evidence presented did not raise to the level of “rape”. The prosecution argued that it was a question for the jury and so the Judge allowed closing arguments to proceed. The prosecutor misled the jury into believing that the law states, and I quote her exact words “we proved penetration therefore we proved rape”. Penetration is only part of the law, THE IMPORTANT FACTOR IS PENETRATION BY THE MALE PENIS. The jury, based on the assumption that ANY PENETRATION constituted “rape” had no choice but to find me guilty. Had they been properly informed they would have been able to clearly see that their verdict was in error. I do not believe that an innocent man would be convicted for a crime he did not commit if the jury were informed properly. They are not lawyers, and do not know the law, so they must rely on the integrity of the prosecution and the courts. In this case that trust was violated and the end result is an innocent man, AND HIS LOVED ONES TOO, are serving a life sentence for a crime he did not commit. The transcripts and facts of my case are available to anyone that is interested in helping me and if you review them it will be crystal clear that this is a case where justice FAILED.
Gary Day #218861 F2-2B
Station Correctional Center
PO Box 56
Elmore
AL 36025
U.S.A.
A custody battle ensued where I was awarded custody of all three children. Bear in mind at no time was there any allegations of any abuse by me brought up. Within a matter of weeks I found myself arrested and charged with “sexual abuse” and “rape in the first degree”. Does this not seem coincidental? The trial that followed two years later is where I will pick up my story.
In order for the State to find a person guilty of the charge of “rape in the first degree”, they must prove that the defendant and the victim had sexual intercourse of any level which is known as penetration. The Federal and State Courts both agree that any level of penetration, no matter how slight, is sufficient BUT it must be proved that this penetration involves the male penis and the female vagina. This is another important fact for you to remember. Unfortunately, the available space does not allow for the transcripts of my trial to be viewed, so I will illustrate the evidence and testimony that were used to convict me.
The only physical evidence was the report made that bore the name of the party that was earlier accused but never prosecuted, a report that had absolutely nothing to do with me. An expert witness, in the form of a doctor, testified that there were signs of penetration BUT the penetration was not from a penis, rather a finger or a small stick; remember, the victim testified that the other accused party stuck his finger in her vagina. A school counselor testified that the victim was caught multiple times masturbating in class; (a further possibility of the penetration witnessed by the doctor), and the victim herself at no time testified that the defendant’s penis entered her. I am sure you are asking yourself that if this is true how did I get convicted? I will tell you. At the end of the State’s case presentation, the Judge called opposing counsel to the bench for a side bar. He notified counsel that he acknowledged a case of “sexual abuse”, may be proved by the evidence, but the evidence presented did not raise to the level of “rape”. The prosecution argued that it was a question for the jury and so the Judge allowed closing arguments to proceed. The prosecutor misled the jury into believing that the law states, and I quote her exact words “we proved penetration therefore we proved rape”. Penetration is only part of the law, THE IMPORTANT FACTOR IS PENETRATION BY THE MALE PENIS. The jury, based on the assumption that ANY PENETRATION constituted “rape” had no choice but to find me guilty. Had they been properly informed they would have been able to clearly see that their verdict was in error. I do not believe that an innocent man would be convicted for a crime he did not commit if the jury were informed properly. They are not lawyers, and do not know the law, so they must rely on the integrity of the prosecution and the courts. In this case that trust was violated and the end result is an innocent man, AND HIS LOVED ONES TOO, are serving a life sentence for a crime he did not commit. The transcripts and facts of my case are available to anyone that is interested in helping me and if you review them it will be crystal clear that this is a case where justice FAILED.
Gary Day #218861 F2-2B
Station Correctional Center
PO Box 56
Elmore
AL 36025
U.S.A.
WHEN AN INNOCENT MAN LOSES HIS LIFE AND FREEDOM
Hello, my name is Gary Day. I am about to tell you a story that is so shocking that you will wonder about whether the United States that proclaims to be “of the people” and “for the people” exists anymore. The most unnerving thing is that what happened to me happens more often than you may think, and even more scarier is IT COULD HAPPEN TO YOU! As you read my story keep in your mind that my being sentenced to life in prison, for a crime I did not commit, is not as a result of one certain fact, but the end result of a series of errors and misconceptions that allowed a criminal prosecution of an innocent man to result in the destruction of more lives than can be reasonably mentioned.
I was tried, and convicted, for “rape in the first degree”, of my adopted daughter. This trial, however, was the end of the story, and begins somewhat earlier. To understand why I was ever put on trial I feel you need to hear and know the whole story.
In the beginning the child was residing with her mother and her siblings which I am the natural father of. After an on/off marriage, that ended with the child’s mother moving in with another party, the initial battle lines were drawn. The mother and kids returned to my home for a short time but in the end we separated permanently.
Hello, my name is Gary Day. I am about to tell you a story that is so shocking that you will wonder about whether the United States that proclaims to be “of the people” and “for the people” exists anymore. The most unnerving thing is that what happened to me happens more often than you may think, and even more scarier is IT COULD HAPPEN TO YOU! As you read my story keep in your mind that my being sentenced to life in prison, for a crime I did not commit, is not as a result of one certain fact, but the end result of a series of errors and misconceptions that allowed a criminal prosecution of an innocent man to result in the destruction of more lives than can be reasonably mentioned.
I was tried, and convicted, for “rape in the first degree”, of my adopted daughter. This trial, however, was the end of the story, and begins somewhat earlier. To understand why I was ever put on trial I feel you need to hear and know the whole story.
In the beginning the child was residing with her mother and her siblings which I am the natural father of. After an on/off marriage, that ended with the child’s mother moving in with another party, the initial battle lines were drawn. The mother and kids returned to my home for a short time but in the end we separated permanently.