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Nicks Story | Derek's Story
Nicks Story contact: louisianacontact@gmail.com
Nick was born July 23, 1986. He is a loving gentleman, who has always befriended the little guy. Teachers wrote letters of character talking about his loving nature and acts of kindness to other children who were being picked on. He is not a violent young man. He could never hurt any one. He has a wonderful girlfriend who has been by his side, along with her parents who know him and love him, as well as trust him with their daughter. This nightmare has gone on the 2.5 years with two more to go.
When Nick starting dating Lacey she was a freshman and he was a sophomore. They went to grammar school together. We live in a small town and all of these kids grew up together. Lacey broke up with Nick more than once for other boys. He always took her back even at the advice of friends, both male and female not to. She cheated on Nick and on every boy she ever dated. During the time they were together, 3.5 years, she always made sure Nick was in the wings. He loved her so he always took her back. Finally in April of 2005, she was a senior and Nick had graduated, Lacey broke up with him again. Everyone encouraged him to move on. He had not ever dated anyone but Lacey. It seemed like she was out of the picture, until August, when they were talking on the phone again. I asked what happened to Patrick, her new guy and Nick said that Lacey was not sure it would work with him. She went away to school at UC Berkley in the fall of 2005. Nick went to see her at least 4 or 5 times that fall. Christmas break came and she did not come over. We assumed she had moved on once again. Nick brought Gina, his current girlfriend over to meet us right after Christmas. She seemed nice and we were excited that Lacey was gone. On January 9th 2006 Nick called me at work to see if Lacey could eat dinner over. I was shocked and sad, but said fine. She hugged, kissed him laughed and flirted. We assume it was back on. After we ate dinner, they went to get a movie. They were watching it in his room. I went in to say goodnight and Lacey was quite comfortable draped in his arms. I went in awhile later to ask them to turn the movie down and again when I got up to get water. Nicks door was not closed and his room is right by ours. At about 11pm Lacey left. She walked past our bedroom and I said goodnight to her and she thanked me for dinner. She was fine. Nick didn’t see her after that. He started seeing Gina regularly.
I gave the background so this story makes sense.
On April 10th 2006, the Sheriff came and arrested Nick. He told us that Lacey said he raped her January 9th. I asked him if she said no, he said not a real no. She said, no we shouldn’t, I don’t want to cheat on Patrick, and laid there, responsive. Within seconds he knew that she was confused and he stopped. Understand, she wanted to remain a virgin in high school and Nick obliged. He knew a real no from her. Come to find out that night, in August of 2005, while her boyfriend Patrick was in boot camp, she called Nick to lose her virginity. She told him it was over with Patrick, she lied. He had sex with her many times that fall, while she lied about Patrick and lied to Patrick about Nick. In fact, in all of the character letters from kids who know them both they stated Lacey is a known liar and manipulator. In discovery she told the DA that she is a liar and a cheater. Back to the story. The day after the alleged rape she sent Nick an e-mail telling him she loved him, but was going to be with Patrick. She said they would get back together is six years. She also said that when they try to be friends they get in a situation where they send mixed messages and she understood why he was confused. She said she could not imagine living without him. Nick said he understood and that it was time for them to move on. She continued to send love songs to his my space and sent a text message saying she dreamt of making love to him. All after the alleged rape. She waited to call the police for nine days. Only after Nick told her to stop sending the loves notes that he was trying to make it work with Gina. She knew Nick was moving on. She e-mailed Gina and told her Nick raped her. Gina told her to get lost, that she had seen the e-mails and love notes and that whatever happened was not rape. Nick could not ever harm anyone. Lacey called the police 5 minutes later. They made her come home after she called. We have a statement from her sister’s boyfriend who was at their home that night. He also knows Nick. He was talking to Lacey alone and asked her what happened and if she said no. She told him she did not say no, but laid there and let it happen because it was Nick. She felt guilty because she did not want to cheat on Patrick, again. Jeff said that is not rape, tell the truth. She said she did not want to admit to her father that she was sleeping with two boys. She fought with her father for hours because she did not want to file. He forced her. By the way, he trusted her with my son and our family for 3.5 years. He never called, never went to court, nothing.
Two DA’s, 3 prosecutors and 3 cancelled court dates later my son became so afraid of the system that he accepted a plea bargain. We asked Nick's Attorney to have the new prosecutor read Jeff’s statement before he accepted the plea bargain because she said she did not say no. He read it and said, “so what”. Here is the plea bargain they give innocent people in our county: 40 days house arrest or 60 Days work project, 3 years probation and three years registration. In March 2010 they will lower the charge to a non-sexual misdemeanor and registration would no longer be required. How is that for misuse of Meagan’s Law? All they want is a win, period. They do not care about lives, truth, honesty, nothing. Our son cannot find a job, must check in at school, etc., because he is a felony rapist. In two years he will not be a felony rapist anymore. We tried to meet with the head DA in our county to talk to him about Nick’s case, we were sent a message via his Attorney to back off and not make waves.
We must all unite. Maybe we should look at a class action law suit. It is a civil rights matter when a law is misused and lives are destroyed so that prosecutors look good. This law is not being used as intended. It must stop.
We will never stop fighting for the young men or for our son.
Linda
California