Friday, September 4, 2009

A message from someone who's husband is wrongfully accused:  

07/10/09

Hi Teri-

I saw your post in the Petition for Michael Moore and went to your website and had to contact you.

My husband is in prison in CA, innocent and wrongly convicted of sexual abuse of his step daughter. He was convicted in Sept 2005 and sentenced to life in prison based on only her words, no dna, no evidence, no nothing.

I know exactly what you are going through. We have spent the last four years undercovering a TON of evidence that proves Ray's innocence and are filing a Petition for Writ of Habeas Corpus in the appellate court. The superior court was kind enough to lie (no surprise there since the only way he got convicted was because everyone lied- so true to form- the DA and the judge lied in thes proceeding too) and deny the habeas petition even though we proved beyond a doubt that Ray did not commit this crime. I wrote every agency imaginable and we have documents that prove that every prosecution witness lied. (We recently obtained an affidavit that Ray's ex-girlfriend admitted to lying and coached his step daughter to make the allegations and told her what to say). So we are fighting the court battle which is a hard road I tell you. We also had two forensic experts agree to work on his case pro bono after he was convicted and their evaluation of all of the evidence supports Ray's innocence too.

I was so excited to hear about the Innocent group and Mr. Doug Tjapkes. I have had no luck with the innocence project and they have just made me so mad that I quit calling them.

So, where do you live?

Anyways, I thought should contact you, we have so much in common. I also am the director of a group that helps provide support and educational assistance for the falsely accused and wrongly convicted. We are not attorneys and work mostly by email but we can offer support and help answer questions, whatever it might be. www.false-allegations-team.com. Mary Ann is also part of our group.

I look forward to hearing from you,

Julie 

Comments from the Freedom March:

07/07/09

I am extremely happy that Teri was able to participate in the Freedom March for the Wrongfully Convicted on behalf of her husband Larry.  She had very little knowledge about the march and still, in a heart beat she was there in full force, supporting and bringing awareness.

That's what families do, I know.  My son has been convicted of the same thing only I guess he is fortunate.  He was convicted of 8-16 years, not life. 

I came across Teri and Larry's story through the Witch Hunt comments list.  We connected, seeing as how we had so much in common, and we now do anything and everything we can to show the world, even if only our country, that this is common!!! It can happen to you, to your husband, your son, your daughter...it may already have. 

When I met Teri, it was a hope I had that we could come together and form some sort of movement to bring awareness to wrongful convictions.  We became informed of the Freedom March and, as we now see our lives, we got involved.  DON'T WAIT UNTIL IT HAPPENS TO YOU!!!!!!!!!  Open up your eyes and see that our judicial system is NOT working!  It needs to be changed before it affects you.

My heart, my prayers, and my voice all go out to Teri, Larry and the girls.  The life they have been dealt and the sadness they all endure is worse than anything you could ever possibly imagine.  Keep them supported and show them you care by getting involved!!!!

When it happens to you, don't say "You didn't know!"

MaryAnn Lubas
www.justiceformike.net
 

07/05/09

My name is Lisa Johansen. I have written on this once before, clearly not enough. I was at the Freedom March this past week, and once again, was blown away with what we all (that were there) remember from the trial, how no one could believe Larry to be found guilty with such skewed testimonies from children who had obviously been coached. 

Once again, I left with tears in my eyes and pain in my heart for a family that has been ripped apart. I was also absolutely blown away at how well the girls and Teri are handling this horrific situation. 

Larry, I know is so very proud of them, as they are proud of him as well. Let's please just all pray that someone in their right mind will look at this and see what a huge mistake has been made here, and get Larry out of the HELL that he has had to suffer in these last years, and bring him back home to his family where he belongs! You are all amazing.

Lisa

07/02/09

Madison Vanderberg also spoke at the Freedom March on behalf of her father, Larry Vanderberg. These are her words...

When I was in high school, I testified in two trials. When my friends were worrying about what kind of prom dress they wanted to buy I was worrying about what I would say on the stand that would help defend my father's innocence. I would testify in court, praying my father wouldn't go to prison, and then drive an hour back to school and pretend I've been missing school for dentist appointments. 

I'd characterize my father's trial as a "he said, she said" witch hunt. There was no evidence, it was simply the words of a few confused little girls against my father. I don't want to de-legitimize anyone who was ever been molested or sexually abused, but as long as kids can say the words "he touched me," all men are in danger, regardless if it is true or not. A while back, my mother was on the phone with a Sacramento official asking for legal advice and she happened to mention what my father was in for. The man on the phone told us how he refuses to be present in his house if his daughter is having a sleepover. His anecdote emphasized that men cannot play with children anymore, they cannot take that risk. It's so sad, because in today's climate of victimization, men are afraid to play with children. 

The judge said in his closing statement that "children don't lie," it's not that children don't lie, children just do not understand the weight and the severity of the words, "I was touched." Throwing a kid into a swimming pool and having your hand accidentally move does not constitute "inappropriate touching." 

It's way too easy to put someone in prison. It takes one kids word and a mans life is easily ruined. 
Not everyone in prison is a criminal. 17,700 men and women in California Prisons are innocent. We need to lift the veil of ignorance that is plaguing our nation and raise awareness for this often ignored disease of the falsely accused. I want my dad to see me graduate from college, I don't want to sit in a prison cafeteria to visit my father anymore. With marches like this hopefully more noise will be made and justice will be served for the thousands of innocent men and women in prison. The falsely accused deserve the life that was wrongfully stolen from them. 


07/02/09

Larry Vanderberg's rebuttal to D.A. Micheal Hestrin comments in "The Californian" on June 10th 2009

You said that it is "silly" to think you would put an innocent man in prison. What an odd term to use for a tragedy. This is not the first time you have made light of a horrific situation. Thirty to forty people attended my trial to support me and my family on a daily basis. You called it "a dog and pony show."
You know as well as I do, that it is impossible to "cheat" a polygraph test. Dr. Rovner's tests have been admitted as evidence in numerous cases in California as well as throughout the United States
Each of the questions were taken directly from the court reporters transcripts. Either the girls lied or I did. I proved that I did not.

I tried to take a polygraph test with the police prior to my arrest .After two hours of interrogation, the police declined to test me.

The recent Grand Jury report on the Riverside DA's office points to a climate under pressure to get jury convictions "or else." I suppose you called the Grand Jury results "silly" as well.

Mr. Hestrin, what you have to accept is the fact that you did put an innocent man in prison. It's not "silly" It's pathetic.

Larry Vanderberg

06/18/09

Following is a letter from a former student of Larry Vanderberg, who wanted to comment on the article in the Californian - her letter was directed to Doug Tjapkes, the advocate who is supporting Larry.  

Dear Doug,

My name is Daniella Martin, I'm 23 years old from Lake Elsinore, Ca. I came across an article in the Californian newspaper this morning regarding Larry Vanderberg, and saw that you were working with him. I am a former student of his, and was surprised to see that he was sentenced to life in prison. I was 13 years old when I was in his class and never felt uncomfortable around him in anyway! When I heard he was on trail in 2003 I wrote a letter to the newspaper and the DA's office regarding how great of a teacher he was and the impact he made on my life. The newspaper published my letter but I never heard anything else. I had no clue the trial ended in a life sentence. 

I am writing you now to let you know that Mr. Vanderberg was a great teacher and has helped a lot of students that other teachers gave up on. He made a huge impact in my life and I do not believe that he deserves to spend the rest of his life behind bars! I don't know if I can help you in anyway, but I do want it to be known that he was a good teacher regardless of anything else.

Thank you for your time,

Daniella Martin
Former student of Larry Vanderberg

06/15/09

There are facts of this case not reported, if people knew what actually happened, they might see it differently. 

One of the major missing pieces of information, is how often this happens. There are so many innocent men in prison who are falsely accused. It is hard to believe possible, in the United States of America. It is unthinkable that honest citizens are denied their Constitutional right to a fair trial, but it is happening all over the country. I have seen it with my own eyes, and that is why I started this web site for Larry, and his family. 

_______________

06/10/09

The Californian

WILDOMAR: Group believes convicted molester is innocent
By Tammy J. McCoy - For The Californian | Wednesday, June 10, 2009 10:02 PM 

A former Lake Elsinore teacher serving life in prison for molesting young girls recently passed a polygraph arranged by a nonprofit group that is lobbying for his freedom.

Larry Vanderberg, 57, formerly of Wildomar, was convicted in 2005 of six counts of molesting four girls ages of 6, 7 and 12. The girls were not his students, but knew Vanderberg's daughters.

While polygraphs are generally not admissible in court, the leader of the Michigan-based organization Innocent! is among those hoping these findings will attract help from the legal community.

Doug Tjakes, a former broadcast journalist who serves as president of Innocent! has worked with Vanderberg for a year.

"We serve in an advisory capacity," he said. "We write news releases. We can help them as a support group."

Tjakes is so convinced of Vanderberg's innocence that he chose Larry Vanderberg to receive the free polygraph examination donated to Innocent! by a Los Angeles-based expert.

Innocent! is not affiliated with the well-known Innocence Project. Tjakes, 72, said the group has a staff composed of about 15 to 20 people, most of whom are volunteers.

They have not gotten anyone's conviction overturned, Tjakes said, but their efforts have helped get some felons paroled in Michigan. He was unable to provide any rates or statistical data about their successes, however.

The Vanderbergs sought assistance from the Innocence Project in San Diego but were rejected, said Vanderberg's wife, Teri Vanderberg.

While declining to comment on the Vanderberg case, Jeff Chinn, associate director for the California and Hawaii Innocence Projects, said molestations cases such as Vanderberg's present unique challenges on appeal.

It is very difficult to get new evidence in molestation cases that involve children who are victims when there is no evidence beyond the victim's statements, Chinn said.

Appellate judges are not likely to be swayed by a polygraph alone, he said.

"The courts have not been moved by polygraphs," he said. "If an appeals court believes the person innocent, can they base it on polygraph? No. They need something else to hang their hat on. Admissibility is a factor. Right now they (polygraphs) are not admissible."

Vanderberg was charged with touching three girls in 2001 while playing with them in the pool and playing games like airplane. A mistrial was declared in 2003 after jurors deadlocked 7-5 for guilt. The mistrial was reported in The Californian and a fourth girl then reported Vanderberg had orally copulated her.

During his second trial, Vanderberg took the stand and told jurors he didn't know that girl. He testified that he did not believe she had ever been to his home. However, the girl described the Vanderberg home in great detail and one of Vanderberg's daughters testified the girl was her best friend.

Vanderberg testified that his momentary contact with the other girls was accidental. He denied being sexually attracted to children.

The prosecutor said Vanderberg put his hand underneath the underwear of two girls and fondled one of them. After his conviction, the jury forewoman said she didn't believe Vanderberg could accidentally touch one girl between five and 10 times.

Vanderberg was sentenced in February 2005 to life in prison. He is serving his time at Pleasant Valley State Prison in Coalinga.

Teri Vanderberg has been fighting to get her husband released from prison.

"Because nothing happened," she said. "I have known my husband for 29 years. I know his character ... This was all fabricated."

While they provided no proof, Tjakes and Teri Vanderberg contend the girls were coached or manipulated into saying that Larry Vanderberg touched them.

"We clearly believe he was wrongly convicted," Tjakes said. "We see a lot cases where kids are dishonest; used as pawns by adults. ... Actual evidence in these cases are non-existent."

Teri Vanderberg said her husband was a victim of a "witch hunt" and noted there was a climate of fear in the community after his mistrial.

However, prosecutor Michael Hestrin and the mother of two girls Vanderberg was convicted of molesting said the children in this case had no reason to invent tales.

The four girls did not know each other and they had no reason to concoct a story like this, said the mother of two girls Vanderberg was convicted of molesting. Her name is being withheld because identifying her would effectively identify the victims.

The girls were interviewed by a specially trained social worker ---- not police officers or prosecutors ---- and the interviews were recorded, Hestrin said.

"There was no climate of fear," Hestrin said. "If this was somehow a witch hunt, it would not stand the test of time."

Hestrin balked at the idea that he was on a mission to convict an innocent man.

"It's just silly, it's just nonsense," he said.

The fourth girl who came forward after the mistrial had gone to her mother about Vanderberg before the first trial. The family decided to handle it privately until her mother learned how the first trial ended.

That is when they made the decision to come forward, the prosecutor said.

"I understand his family is have a hard time accepting this," Hestrin said. "Eventually, they are going to have to come to terms with the fact ... he's guilty."

Tjakes and Teri Vanderberg are confident the truth will come out.

"We have lots of new information," said Teri Vanderberg. "I'm not going to say what it is just now."

_____________

May 26, 2009
Immediate release

Vanderberg innocent, prominent polygraph examiner claims

Dr. Lou Rovner, arguably one of the most qualified polygraph examiners in the nation, is supporting the claims of innocence by Larry Vanderberg, 57, of Temecula Valley. Rovner, of Rovner and Associates in Los Angeles, states that he conducted a polygraph examination of Vanderberg at the Pleasant Valley State Prison on April 22, 2009. He said the examination was conducted using scientifically validated methods and procedures, and monitored and recorded by state-of-the-art equipment. He said research by the American Polygraph Association showed this method to be the most scientifically accurate, and claims that his accuracy rate in published research was nearly 96%!

Vanderberg, formerly a teacher, was sentenced to 25 years to life in prison in 2004, after being convicted of inappropriately touching four girls, ages 6-12. He has maintained his claim of innocence since his first arrest in 2001.

Dr. Rovner, who has conducted polygraph research that has been published in scientific and professional journals, said Vanderberg's exam lasted about two hours.
A numerical evaluation is done at the completion of these exams. Rovner said that, to be considered truthful, Vanderberg's score would have to equal or exceed plus-six points. And, to be considered deceptive, the score would have to equal or exceed minus-six points. Vanderberg's score was plus eleven!

As such, said Dr. Rovner, it is his professional opinion that Vanderberg's testing statement was truthful and accurate.

The well-known polygraph examiner had been retained by the Michigan-based organization INNOCENT, often doing business as Humanity for Prisoners. The organization has endorsed the efforts of Vanderberg's supporters to free him on the basis of a wrongful conviction.

INNOCENT President Doug Tjapkes had high praise for the work of Dr. Rovner. "We have used his services in critical cases in California, Florida, and Ohio with excellent results," said Tjapkes. "In fact, as the result of his testimony in an evidentiary hearing in Ohio, he persuaded a judge to include his scientific results in court, which led to the exoneration of an innocent prisoner!"

#######

May 21, 2009
Immediate Release

Innocence organization endorses Vanderberg

Claims of wrongful conviction by a California teacher, his wife and supporters, are now being supported by a well-known organization based in Michigan. Doug Tjapkes, President of INNOCENT! and author of the book SWEET FREEDOM, announced today that his organization has endorsed efforts seeking freedom for Larry Vanderberg, 57, of Temecula Valley. Vanderberg was sentenced to 25 years to life in 2004 after being convicted of child molestation involving four girls, ages 6-12. He has claimed his innocence since his first arrest in 2001 on similar charges. His first trial ended with a hung jury. He is currently incarcerated in a California State Prison.

Tjapkes said that INNOCENT, also doing business as Humanity for Prisoners, first took an interest in the case as Vanderberg was being treated in the prison system for cancer last year. "Much of our prisoner advocacy involves inmates who are not getting appropriate medical care," he explained. After further study, he said, the organization determined that Vanderberg was innocent of the charges, and deserved to be freed from prison. Meanwhile, the cancer story had a happy ending. Earlier this year a radiation specialist declared: "I believe you are cancer free!"

INNOCENT is proud to be part of the team seeking the release of Vanderberg, according to Tjapkes. He said the organization carefully chooses its clients, and of all prisoners who have been freed due, in part, to efforts of his agency, none have returned to prison!

"Our work has just begun," Tjapkes stated.

#######

Larry Vanderberg does not fit the profile of a duplicitous person who was living a double life. It is inconceivable that juries can be convinced with flimsy evidence that fine, upstanding family men have dark sides that are hidden from the people with whom they are closest. Every fact about this family is consistent with who they say they are - solid U.S. Citizens who have done nothing wrong. There is nothing to indicate a horrible secret was being kept.

This remarkable family has continued to thrive under the worst of circumstances. Larry has continued to parent his children, putting their needs before his own, and setting aside the most unfair circumstances he endures, to keep his family together. Teri, his wife, has stayed by his side, fighting for his freedom every way she knows how. Does that sound like someone who molested children? 

Click here for more about the Vanderberg's plight  
Click here to read the results of the polygraph 

 

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