Organized by: Carole Sullivan
My 32 year old mentally impaired son was convicted in laconia new Hampshire superior court on burglary. It was circumstancial evidence consistent with his disabilty...his court appointed refused to inform the jury of severe anxiety disorder,clinical depression or mental illness. I (his mother) oversee his every day needs I am under oath to due so. He wanted my son to take a plea and go to prison for 2-4 years. As he told me 90% of accused do. I knew my son was telling me the truth so when he said "no ma"why would I say I'm guilty when I'm not. The woman whose house he was accused of entering claimed she saw two men clearly under good lighting one was white the other black. The white suspect co-defender already plead guilty and was serving time. My son has red hair and exceptionally light skin. The victim when asked if suspect was in the court room said "NO" he was sitting at the defense table with his lawyer (as exptected)the other 2 witnesses (police officers ) contradicted each other 1st office heard leaves and twigs and began search 2nd officer on arrival saw officer# 1 who said I was driving by and heard voices that's the reason for searching in that area. Sargeant in charge that night 8/2015 who led an on sight investigation had one "concrete " piece of evidence. ...a photo of a sneaker print in mud that he insisted was present in photo"you just couldn't see it because you know how camera flashes do that" it was imprinted in his mind he stated. all other questions he was asked he either couldn't remember or needed to refer to his report. .he had on hand . There weren't more than 10 people in the entire room besides the obvious. When he asked if the suspect was present in the court room looked all around and said"NO" I do not see him ....again he was seated in the obvious place with his lawyer at the defendant table.the second day of trial the prosecution called( Michael )Kevin gobiel then would state Kevin gobiel has already admitted his guilt and is serving 2-4 in prison Prosecution would make a statement that Michael 's closeness in proximity to Kevin gobiel was just a short distance then they would repeat that Kevin was guilty amount of time he plead .etc. my son's lawyer never objected once...it was obvious to me because they had no evidence they were trying to establish guilt by association. The only advice I had given my son was to tell the events exactly what happened that night. I reminded him to look at the jury when he spoke( since his brain damage in 2006 his cognative skills are comprismed)told him he did a great job getting his story across but noticed he did not look at the jury..his reply....attorney barnes told him to forget my advice and to look only at him as if they were the only ones there. the jury was split at 3:pm they were read the allen act within an hour they read the guilty plea.... his attorney gave the proceuter on the back as if they were playing a game and he won. they took my son into custody immediately. .never took into consideration he spent a month and a half at McLean s physcritic hospital.has found a group home he loves past year he has never tried to contact etc. this was a person who's very socially akward,soft spoken and kind gentle soul the night before his verdict we stayed with a friend in the area Michael was curled in the fetal position crying ...a dog belonging to my friend curled up in his arms. .looked up at me as if she were concerned. ..that was the most compassion my son had been shown. He is now at the county jail awaiting sentence of up to 15 years.with regard for my plea for them to evaluate him that he's covered under the ADA means absolutely nothing. Even though in 2012 issued a report on law enforcement encounter s with the mentally ill. New Hampshire was highlighted for the highest rate of fatal encounters with the mentally ill... (78%)and ordered guides be put in place.on Monday I went by the lawyer's office because he wouldn't take my calls except one accidentally which he immediately hung up on. He wanted Michael 's disability paperwork so he can use it for sentencing. I told him it was a travesty of justice that took place....he ordered me to leave commenting about the results being because I got involved. after research there is no doubt a good criminal lawyers can appeal his case but it's not going to be cheap .....but I'm dedicated 0 I've taken time off from work and have Visited the department of justice and anyone I can gain knowledge from... " IF THE WORDS DON'T ADD UP IT'S USUALLY BECAUSE THE TRUTH WASN'T INCLUDED IN THE EQUATION "