Living with a charge the evidence couldn’t support – part 2A

Q – Questioner/ Interviewer

A – Davis Long

AVA – Alleged Victim/Accuser

May 5, 2025.

A: I woke up some time in the morning after not really getting much sleep. I was already exhausted.

I spent a couple of hours on the phone. First, I finally reached the attorney I tried calling the day before. She told me she doesn’t handle criminal cases and then gave me the Watsons’ information. She said they were very good.

Q: Who was the attorney that recommended them?

A: It was Graham, she’s a corporate attorney, she doesn’t handle criminal cases.

After that, I was on the phone with people I was put in touch with through mutual friends, asking for advice. Folks I had never spoken to before.

I also spoke with a parent I knew whose young daughter had actually experienced this kind of abuse. I was asking them, what happens in an investigation like this and what do investigators and children’s division typically do.

They explained that investigators are supposed to conduct interviews, gather tangible evidence, and perform a physical exam on the alleged victim. That an exam would give them a clue to whether the sexual abuse likely occurred. And then after a thorough investigation usually lasting a while there should be a report and everything should be out in the open.

Hearing that eased my mind somewhat and calmed my nerves a little.

I really believed there would be a thorough investigation and that the truth would be uncovered, no question. I also believed that when it came time for a physical exam, [AVA] would not want to go through that and would come clean. Mainly I felt he would try to avoid that embarrassment. And third I believed [AVA] would feel guilty and admit the truth. At that time, I thought I could trust the system to handle this correctly and get to the bottom of it.

Q: When was this exam done?

A: It was done on that day on May 5.

Q; When did you learn about the results?

A: When I got the discovery in June.

Q: Why do you think it took so long?

A: I’m not too sure, I know there has to be motions filed with the court and my attorney’s gave it to me as soon as they had it I believe.

After that, I called Watson Law Office and spoke to one of the attorney’s there. I briefly told him what was going on and set an appointment at their ElDo office for 2 p.m.

Then I took a shower, got ready, grabbed my work bag, and left. On the way to work, I stopped by my therapists house. She wasn’t expecting me and was surprised when I showed up. She was having lunch with her husband when she came to the door.

I explained what had happened the day before and what was being said about me. It broke me when telling her my 4 year old son wasn’t with me and he was with me every single day and I missed him, and I had not heard anything from my kids or wife.

Q: Did she give you any advice?

A: I don’t remember anything too specific, she was in shock too. This is a woman whom I’ve been brutally honest and real with. I’ve told her just about every detail of my life. She couldn’t fathom what was being said about me.

So after leaving her house I went to work. When I got there, I spoke with my mother, talking through everything that had happened and trying to make sense of it before I was supposed to meet with the attorney.

I went over and over what happened at the house the day before and the fact that I was getting no answers from anyone. While talking it through, I had a feeling come over me, like a tiny passing thought that was right there, front and center but somehow subtle and I realized there might be a way to get a clue about what was really going on and maybe why?

It was lunchtime I went out to grab some food, but before I went back to the work I stopped by the house to look for something I thought I might need.

Q: What did you think you would need?

A: So here is the backstory. My wife had an old iphone that she quit using almost a year before all this started. She upgraded to a new phone when she went on vacation with her mom and sister in June 2024.

Q: Were the children with them?

A: No, all three of them were with me.

Q: In all the accounts [AVA] spoke about, did he ever mention any abuse in that time in particular?

A: No, nothing. So, when she got back, she left the old phone on the back of the kitchen counter. A couple days later I noticed it.

The phone I had at the time was the same model, iphone SE, but the charging port quit working, I could still charge wirelessly but what was frustrating was I could never listen to music through the aux cable in the car. I saw her old iphone sitting there and thought I might be able to transfer over to it and then I’d have a fully working phone again.

When I picked it up, the screen lit up. It was still on and had not been reset. Everything was still on it, apps, everything.

Q: What did you do with it?

A: Nothing, I was looking at to see if it was reset. I saw that photos and basic history were still there.

Q: Did you know how useful that was going to be?

A: That summer a year before all this happened? No, I couldn’t have had any idea, I really believe that was by design.

Q: Did you do anything else with it?

A: No, when I saw the call history, I saw where she had called me earlier. That’s when I realized that everything was still syncing through the cloud, so what appeared on her new phone would also show up on the old one. When I realized it was still active and current I closed out of everything and put it back where I found it. It made feel nervous, I actually felt bad about it.

Q: Why would feel bad?

A: I felt like I had stumbled into her privacy and that was not my intention. I was trying for a better working phone and I accidently discovered more. And I didn’t want to create unnecessary friction or drama or cause any hurt.

Q: Did you ever tell her what you found?

A: No. I didn’t want to risk an argument or have her feel betrayed, especially since it wasn’t on purpose.

I will say though it was a few weeks later, sometime in July, a storm had caused damage around town. I was out helping our neighbor clean up a bunch of debris from her yard. When I came inside, my wife was on the couch reading. I quietly sat next to her for awhile, and just had a feeling to apologize. I just looked over at her and said, “I’m sorry.” I saw her squint her eyes a little – I remember wondering if she knew somehow, it seems like she has eyes in the back of her head, but after a moment she moved her legs onto my lap, and everything felt like it was going to be okay.

Q: So was she aware of what happened?

A: I couldn’t tell you. I sort of thought so but after that it didn’t feel like it mattered anymore, I felt like there was my answer.

Q: Was that why you went back to your house that day, to look at the phone?

A: I went to retrieve it, I went to our bedroom to look for it and was prepared to use it if I felt like I needed to.

Q: You said you went to your bedroom, wasn’t it in the kitchen?

A: She had moved it not long after. It ended up on top of her dresser and over time it got buried under other things.

Q: Did you check to see if the information was still there?

A: I really thought it would be, I thought the chances were pretty high.

Q: What made you so sure?

A: Because there were a few occasions over the past year when I confirmed it was still active. I was trying to solve a problem without creating unnecessary conflict. I never felt good about that.

Q: Why?

A: The first time was practical. My own phone had charging port issues, and since her old phone was the same model, I thought I might be able to switch to it.

There was another time I wanted to get her Christmas present. She had a dwarf lemon tree she ordered online. She babied it for years waiting for it to be mature enough to make lemons so it really disappointed her when it died. I didn’t know the brand or company she ordered from but I remember her telling me she did a lot of research and she picked a specific company. I wanted to replace it for her.

I was able to track down the company she used and I was able to get her one that was even a few years older so she wouldn’t have to wait so long for lemons. She was happy and that was the goal. I was able to track that down using the phone.

There were also a couple of moments earlier in 2025 when things were confusing, and some instances involving [AVA] and I was trying to understand what was happening in my own home without escalating situations unnecessarily. It wasn’t something I was comfortable with.

Q: Can you tell me more about that?

A: I’ll get into some of that later but most of it I would rather not. These are some conversations I would rather discuss privately with my wife and not the public.

But this time was different. With what I was being accused of, and with no one explaining anything, I knew this was serious. And terrifying. If retrieving that phone was the only way to get clarity and protect myself, I felt justified. I was desperate, and I did what I felt I had to do. And I thank God I did.

Q: Can you explain that statement?

A: Because that phone was critical to my defense. Because of it, I was able to prove my innocence and expose the lies being told about me. If I didn’t listen to that feeling to go grab it, I don’t know what position I would be in right now.

Q: What else did you find?

A: I’ll discuss what I saw later in this story, as I discovered it. It’s a lot.

But at that moment I put it in my pocket, and went back to work.

Q: Was it always with you after that?

A: Yes, because I thought if there’s some reason I can’t come home I wanted it with me.

Q: What made you think that?

A: The way everything happened the day before; Being told I couldn’t be around my family. School was still going on so I knew my kids were going to have to come back home. And if I was prevented from being there, I at least wanted to have access to whatever might help me understand what was happening.

Q: Did your wife notice it was missing?

A: No, It had been buried in a pile on her dresser for a long time. I believed she wouldn’t notice and probably forgot.

Q: So you went back to work?

A: Right, I tried eating lunch but I couldn’t keep much down. I wasn’t sick, I was so stressed..

Q: Did you immediately start looking at that old phone?

A: Not yet. It was completely dead and had to be charged. Also I wanted to see how the day played out before going down that route. I had the attorney meeting coming up. So I ate what I could and went to my appointment at 2.

Q: Do you feel comfortable talking about that meeting?

A: I think so, I met with one of the Watsons and went over what had happened so far. I told him I was supposed to have another interview at the police station. Since I hadn’t been charged yet, he explained to me the price to retain them to sit with me during questioning. They also told me how much the retainer goes up for criminal charges like these because of how serious they are. I still wasn’t concerned, I didn’t think that was going to be something I was faced with, I just needed help getting me through questioning and believed hopefully this would be resolved.

After that, I went back to work to get a check. On my way back to the attorney’s office, I passed the police station and saw my wife’s car there. I felt a sense of relief. I assumed she was there to straighten things out. I assumed she spent the night before questioning [AVA] and going through his story.

When I got back to the attorney’s office, I gave them the check and filled out paperwork making me their client. While we were talking, I received an alert from our Ring doorbell. I checked it and saw my wife at our house, and so were the police.

I told my attorney what I was seeing and I asked him if I should go home. He said he didn’t think I should, but that it was my call.

Q: What did you think when you saw your wife at your house with the police?

A: I thought this was perfect – I thought I was going to see my wife and kids, talk to the police, and finally find out what was happening.

Q: Did you go to your house right away?

A: Yes, I went. I left my attorney’s office, and drove straight home.

When I got there, there were two police cars one at the end of my driveway and the other in my driveway parked where my jeep usually sits. I pulled in behind my wife’s car. As I got out I saw my wife at the front door. She saw me then went inside. As I walked past her car I saw my two little kids in the back seat. They saw me and got excited. I smiled and waved, and told them I loved them. I was so happy to see them. I told them I’d be right back to see them, so I went up the stairs to the porch.

When I got to the doorway Frank was coming down the stairs. I backed away to give him room. Then he told me to turn around and put my hands behind my back and said that I was under arrest.

I was shocked. I never believed I would be arrested. I asked, “For what?” He didn’t say anything. I thought I was still going to have an interview. I kept asking why I was being arrested, what reason, and he refused to tell me. Then he put me in the police car.

Q: What did you think while being handcuffed and thrown in a police car without being told why?

A: I was completely lost. All I could think was: what they could possibly have to arrest me for, I’m innocent, and they’re doing this in front of my kids. There had better be a reason, because whatever this is, it’s wrong.

Once I was in the police car, I managed to call my attorney from my watch and told him what was happening. I told him if he didn’t hear from me, to go to the police station, because I needed help. Then I called my mom and told her what had happened and to call the Watsons.

On the drive to the station, I kept asking Frank what was going on. He wouldn’t answer.

Q: So he arrested you and put you in a police vehicle without telling you why?

A: Correct

Q: What happened when you got to the police station?

A: They brought me in, took my phone, wallet, keys, watch, pocket knife- everything – and put it in a bag. Then they took me to a holding cell. It was only then as Frank was shutting the gate that he told me I was under arrest for sodomy and armed criminal action.

Q: So you were not told why you were being arrested until after you were arrested and in a jail cell?

A: Yes

Q: What do you think about something like that? Or did you think at all?

A: I’ve never known what to think or how to respond to any of this. When I say I am so lost and confused I really don’t know how else to describe it. When he told me that’s why I’m being arrested I’m almost speechless. All I can think to say is I didn’t do it, what is going on, why?

At that moment I didn’t even know what “armed criminal action” meant, which made it even more confusing.

Q: How long were you in there? Did you have your interview like Frank promised?

A: No, I never had another interview. I overheard someone say my attorney was there and wanted to speak to me, and they wouldn’t let him. I don’t know how long I was in the cell. There were no clocks.

Q: Why did you not get to speak to your attorney?

A: They never told me.

After some time, I saw Frank walking around and got his attention. I asked to speak to my lawyer. He said that there is a phone in Stockton and I’ll be able to make phone calls there. I was in disbelief, I asked, “I’m going to Stockton?” He said yes. I again asked why, what was going on? No answer.

After what seemed like a couple hours after being there I was being escorted out to a Deputy Graves’ vehicle with another guy that was being held in the next cell.

When we get out to his vehicle he sets me in the front passenger seat and the other guy in the back seat behind the driver and sets the bag with my belongings in it on the back floorboards.

As we were driving, the man in the back complained about being cramped and asked why I was in the front seat. The deputy told him it was because there was a warrant for him, and there was not one for me.

Q: You’re telling me that you were transported to Cedar County Jail without there being a warrant for your arrest?

A: Yes. I didn’t have a warrant until the next day, but I was taken anyway.

Q: Is that normal procedure? Did this occur to you that this is how it always is?

A: I have no idea, my understanding is you’re on a 24 hour hold unless a warrant is issued before then. Only then are you taken to county jail.

Q: Did you say anything to the deputy when you heard that?

A: Not about that, I’d always been taught you don’t argue with police. And I wanted this to end with as few complications as possible.

I did ask him if he had ever heard of someone being falsely accused of something like this. He told me no, and that these were serious charges. I told him this would be the first time he’d seen an innocent person go through it.

Q: What happened when you got to Stockton?

A: I had never been to the jail before, so I got to see how it works. Vehicles pull into an enclosed garage behind the jail. After the doors shut, we were taken through intake.

I was shackled to a counter, asked questions, and photographed. If you want to see what a man looks like when his world has crumbled and he still doesn’t understand why, go look at that picture.

They let me make a phone call. I wanted to call my wife first but with what happened at the house I wasn’t sure I’d get through. I called my mother.

Q: What was her reaction?

A: She was in shock. I told her I was in Stockton and asked why. She said she didn’t know, but she was talking to the attorney and they were working on it. I told her I didn’t do what they were accusing me of, and she said she knew.

After that, they put me in a holding cell. I had a thin mat and a blanket. It was dark and depressing. I slept as much as I could just to make time pass.

The next morning, they opened the chuck-hole to pass a breakfast tray. I drank the milk, set the rest aside, and went back to sleep. I woke again when they brought lunch and did the same; set it aside and laid back down.

Then a little after 12:35 p.m. on May 6, a CO opened the door and told me I had a warrant. I couldn’t believe it. I kept thinking this would go away, but it kept progressing. They fingerprinted me and did a mouth swab, then put me back.

About an hour and a half later, a CO opened the door and told me I had court.

Q: Was this a surprise to you about having to go to court?

A: Yes. In less than two days I went from sitting on the couch with my wife, planning to get ice cream with my kids, glad [AVA] was coming home from his trip – to being torn away from my family, accused of something disgusting, arrested, taken to jail, transported to county, served with a warrant, fingerprinted, swabbed, changed into a jail jumpsuit, and marched into a courtroom in chains. That all happened in less than 48 hours. So yes – surprised is putting it mildly. Every time I thought it couldn’t get worse, it did. –

[End of Living With A Charge part 2A]

Part 2B  Continues   Next Week