Also in this playlist...
This transcript is automatically generated
An alleged rape victim seventeen years old is behind bars the victim.
She's being held in juvenile custody for more than two weeks and a judge is keeping her locked up to make sure she appears for the trial.
Of her accused rapists that accused rapists is frank -- William Rackley.
He has a twenty year criminal history.
And prosecutors believe he may be a serial rapists -- want to put him behind bars before he strikes again.
Certainly we don't like to be in the position of -- of having to.
Take a victim or witness in -- custody.
To ensure that were able to prosecute the case becomes a question of of balancing.
To the witness and we're talking about a relatively short period of time here.
Against the protection of the community.
Can't stomp all over her right to put her in jail when she's a victim re victimize her.
And treat her like she's the criminal what this is serving to do is only making victims out there.
Potential victims of future victims now wanna come forward because -- -- they're gonna have to go to port are go to jail.
Because they're afraid to testify.
-- -- -- -- -- Defense attorney court -- pension and is a former prosecutor welcome -- -- boats chip a twenty year criminal history that's that this guy that's on trial for rape that's who how he's described.
So why did they need this widen.
Teenage girl and why they need to keep -- in custody.
Well they need the testimony in order to prove the case then a rape trial the victim has the most important testimony a ball and they certainly need it.
The problem here is the way that they're going about the prosecutor.
Is making -- the victim of a criminal.
Case a juvenile.
-- victim again a second topic placing her in jail while the accused is going Scot free right now this is wrong it.
It only happen in America if the prosecutors want to -- make certain she was.
Gonna show up for probably can use less abusive alternatives they -- put it ankle bracelet a router however home pick her up the day before instead.
The judge and the prosecutor had the seventeen year old rape victim and jail for a month before this crop.
And that's wrong and it is a month Courtney by the way we heard from -- -- prosecutor saying it was an inconvenience but this this girl is -- -- form the three to four weeks.
Well let's -- a picture of the courtroom as well because when she -- -- read the judge -- being custody she had to stand in that cage you can see on the right hand -- your screen next.
Normally for felons but they put her in there because they were taking her in to custody so corny -- Is this the right thing to do good to put -- custody to force her -- to a show up to court even when you can't force her to testify.
Huge -- it it is I need that the case started because she made a formal complaint she went to law enforcement to complain she was raped.
The evidence suggests that there was DNA found from the defendant on her -- -- During what would likely be rape came at a -- Karen Allen says and she is failed to show up to court for a previous preliminary hearing where she had to testify.
A previous trial -- the prosecutor already had to dismiss the charges.
Did the prosecution in this case does not have another chance to prosecute this this serious and violent felon.
Well and that's why I've got a great to think what.
And Friday -- -- that's what they say they say we gotta look at the big picture out there there's a very dangerous man out there.
And this is their attempt they -- to get him off the street once in -- now it's listening to -- chip though it wallet they have the scrolling custody and they can force her.
To come to court.
Can they actually force her to testify I -- what what else can they don't have Purdue.
But they might force her to testify that she might be reluctant witness -- not testify the way that they want them the best they can do is use impeaching statements -- -- allowed under the evidence rule to get him prior statements that would be consistent with the prosecutors.
-- story for about how this happened but but the problem here is that it's sending the wrong message to all juvenile record.
Victims that you're gonna be a second victim if you don't want to touch -- go along with the prosecutor.
-- why can't men and women as it is completely -- -- -- and trough.
We cannot let bullies run this country and as law enforcement we are required in the -- in California it's the people of the state of California they represent all the people they have protect the community.
And there are always reluctant witnesses I've had it as a prosecutor -- iPad -- -- victims coming but he has.
There's always going to be someone that's going to be afraid coming to testify and so we have to ensure their safety we have to give the opportunity come -- -- they don't we have to force and that's the bottom line.
-- are we further traumatize in this girl who allegedly has been -- -- now has to being custody.
And every -- didn't witness is she may be that she's had to deal with this trauma is it worth it.
Absolutely she wasn't -- -- when she went to the law enforcement report the rate.
She she's been reluctant to coming to court and it is a duty obligation that she has by being -- crying victim reporter.
And so look at what is it was on the prosecution let's just say OK you know what she hasn't wanna participate let's let this violent criminal free walk.
Strange yeah -- about the note to get any NASA thinks she is evict them and actually -- -- -- and the patients -- allegedly the victim chip but then -- but.
But then why I mean what -- we.
Sent that -- The messages appear victim and the state of California something that you don't want to testify about -- some very secure something like that don't show up.
Because the younger becoming second victim -- -- throw you in jail vs the person is the real -- That's the message that the prosecutors standing in this.
Thanks -- -- -- we're gonna follow this place very closely -- -- Courtney thank you so much appreciate both of your opinions on this because it really struck -- as a case -- -- take a closer look at.
Filter by section