One of the definitions of the word reconcile is to settle or resolve. I’m trapped in a situation that seems like neither of those options will ever be possible. My brother languishes in the hospital wing of a federal prison with no hope of ever getting better. Calls on his condition come every other day and money must be sent each month to pay for the necessities that help sustain his life. I long for reconciliation, but there seems to be no possible way of ever settling or resolving this event. When he was falsely charged of this heinous crime, the prosecution attributed the arrest record of another man to my brother. Our last name is spelled Enss. The background check was issued for a man with the last name spelling of Enns. Motions to revoke that falsehood from the case read like this, “It is clear that Mr. Enss does not have a prior criminal record. The government sought to introduce evidence of an alleged domestic assault on Mr. Enss’s ex-wife in the early 1980’s. There were no charges filed, there is no arrest report, and there is no other evidence save the bare allegation twenty years later of the ex-wife.” My brother’s former boss submitted this letter to the court.
March 26, 2004
TO: Richmond Police Department
Attn: Chief Terri Williams
102 West North Main Street
Richmond, MO 64085
RE: Criminal Background Investigation
ENSS, Ricki Everett
DOB: 11/15/1963
SSN: 527-79-8528
Dear Chief Williams,
A check of the Sierra Vista Police Department records shows no criminal history conviction data on the above named individual.
If I can be of further assistance, please contact me by calling (520) 452-7500, extension 702.
Sincerely,
Anita Johnstun C-233
Records Clerk. None of the above information made any difference. The prosecution continued to lie in court and say my brother had a criminal background. And there were so many other things:
Two erroneous statements, were used to obtain a warrant from the Grand Jury.
None of the plagiarized poems and/or songs that the alleged victim claimed she wrote were found on the Richmond Police Department computers.
Child pornography was found on the confiscated home computers after my brother moved out of the home.
An FBI Agent gave the alleged victim and her mother money.
Spouse lied on witness stand at Ex Parte Hearing.
Alleged victim admitted to lying before about the case and stated she had no problem lying again under oath.
Assistant Prosecuting Attorney’s inappropriate counseling of spouse concerning divorce proceedings, delaying it for over three years.
FBI Agent threatened four family members in court at sentencing.
Assistant Prosecuting Attorney coerced, intimidated and threatened the defendant and his entire family.
Computers were dismantled by unauthorized person and not according to police policy and guidelines.
Victim wrote a recanting letter in 2002 and she and her mother requested that the case be closed.
I’ll get another call today from the prison on the condition and needs of my brother. It comes everyday like a wave and it’s impossible to reconcile. I told him to take a plea and added to this miserable situation. I can’t settle anything or resolve the matter, therefore reconciliation seems to be only a dream. I keep saying I’m going to let this go, but the call comes and I’m right back in it again.
