Joe Neal Jr.’s now-former wife has been charged with rape and furnishing alcohol to a person under the age of 21. There are problems with prosecuting a female for rape that require evidence of conspiracy. Under the terms of the Georgia rape law O.C.G.A. Section 16-6-1, a female is physically incapable of committing the act of rape (“carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ”). Is it possible that the former Mrs. Neal might have had the consent of the victim, but that Mr. Neal did not?
Now that Mr. Neal and Ms. Caldwell are divorced, any spousal immunity against her testimony is gone. Speculation is that the prosecution sought her indictment at least in part to seek her testimony against her ex. That is powerful evidence that could put him away for 25 years to life. On the other hand, he could just as easily walk. Insiders in law enforcement as well as outside legal observers say this is one case that could easily go either way, given the facts as they are now understood.
What is agreed upon, though, is that if Neal decides to bring in the pony-tailed lawyers from Atlanta, he’ll make a mess of this case and hinder his chances of exoneration. They’d destroy everything in their path, of course, but they could also potentially alienate jurors as well as Judge Blanchard. These types of cases should be low-key affairs, not carnival sideshows.
This Insider can hear the calliope cranking up now.You Might Also Like:
Neal Down Saga Picks Up Speed
Rumor has it that the grand jury that handed down the indictment on Joe Neal, Jr. and his former wife Caroline Caldwell had a difference of opinion drawn along racial lines when it came to the charges of rape of a young, supposed “babysitter” in their home. The word on the street about the secretive grand jury proceedings is that the black members of the grand jury had a much harder time believing the alleged facts constituted a rape than the white members. The black culture seems more predisposed to find the girl to have been a more active participant in the events alleged. Ergo, she drank those drinks. She smoked that weed. She knew what she was doing.
Joe Neal Jr.’s now-former wife has been charged with rape and furnishing alcohol to a person under the age of 21. There are problems with prosecuting a female for rape that require evidence of conspiracy. Under the terms of the Georgia rape law O.C.G.A. Section 16-6-1, a female is physically incapable of committing the act of rape (“carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ”). Is it possible that the former Mrs. Neal might have had the consent of the victim, but that Mr. Neal did not?
Now that Mr. Neal and Ms. Caldwell are divorced, any spousal immunity against her testimony is gone. Speculation is that the prosecution sought her indictment at least in part to seek her testimony against her ex. That is powerful evidence that could put him away for 25 years to life. On the other hand, he could just as easily walk. Insiders in law enforcement as well as outside legal observers say this is one case that could easily go either way, given the facts as they are now understood.
What is agreed upon, though, is that if Neal decides to bring in the pony-tailed lawyers from Atlanta, he’ll make a mess of this case and hinder his chances of exoneration. They’d destroy everything in their path, of course, but they could also potentially alienate jurors as well as Judge Blanchard. These types of cases should be low-key affairs, not carnival sideshows.
This Insider can hear the calliope cranking up now.You Might Also Like:
Joe Neal Jr.’s now-former wife has been charged with rape and furnishing alcohol to a person under the age of 21. There are problems with prosecuting a female for rape that require evidence of conspiracy. Under the terms of the Georgia rape law O.C.G.A. Section 16-6-1, a female is physically incapable of committing the act of rape (“carnal knowledge in rape occurs when there is any penetration of the female sex organ by the male sex organ”). Is it possible that the former Mrs. Neal might have had the consent of the victim, but that Mr. Neal did not?
Now that Mr. Neal and Ms. Caldwell are divorced, any spousal immunity against her testimony is gone. Speculation is that the prosecution sought her indictment at least in part to seek her testimony against her ex. That is powerful evidence that could put him away for 25 years to life. On the other hand, he could just as easily walk. Insiders in law enforcement as well as outside legal observers say this is one case that could easily go either way, given the facts as they are now understood.
What is agreed upon, though, is that if Neal decides to bring in the pony-tailed lawyers from Atlanta, he’ll make a mess of this case and hinder his chances of exoneration. They’d destroy everything in their path, of course, but they could also potentially alienate jurors as well as Judge Blanchard. These types of cases should be low-key affairs, not carnival sideshows.
This Insider can hear the calliope cranking up now.You Might Also Like:
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