An Abusive Mother Commits
the Inconceivable Crime - The Robert Hays Story
By
Virginia Russo and
Rhonda Riglesberger, JD Staff
Edited by Sheila Howard, JD Staff
Justice:Denied magazine, Issue 24, page 3
A
loving father of five was falsely accused of molesting his
eight-year-old daughter, and received four consecutive life
sentences. He has spent the last ten years in a Nevada State Prison
attempting to prove his innocence. This is Robert and Jennifer’s
story.
In
1992, Robert Hays was charged with four counts of sexual assault and
four counts of lewdness with his then eight-year-old daughter,
Jennifer. Over the years, Jennifer has repeatedly refuted the
allegations against her father and has publicly denounced them as
false. She insists that her father never molested her and has signed
several sworn affidavits to reflect this. The first of these
affidavits was signed within a week of Robert’s conviction.
Jennifer has appeared on both the Maury Povich and Montel Williams
Show earnestly seeking to help her father and desperately trying to
set the record straight.
Robert’s problems began
approximately a year before his arrest when he left his wife and
gained custody of their children. They lived in Brooklyn, New York at
the time. Unfortunately, he loved his wife and the couple reconciled
after only a few months. Shortly after the reunification, and after
they had moved to Las Vegas, Nevada, his wife filed the false
allegations against him. It is a matter of record that his wife
suffered from mental illness. She further exacerbated her symptoms by
using alcohol and illegal drugs. She often committed acts of
prostitution to support these activities, and had more than a few
illicit affairs. She admitted under oath that she had committed
numerous instances of infidelity during their marriage.
Robert’s
trial transcripts openly reveal that his wife, K.H., was a terrible
mother, dirty, unkempt, horribly neglectful, and abusive towards her
young children. She left them in dirty diapers, neglected to feed
them and relied on her eight-year-old daughter to care for them
before she left for school in the mornings. She had severe mood
swings, unexplained angry outbursts, and constantly told her children
that she hated Robert. There were several episodes of violence,
instances where others had stopped her from beating the children,
many documented in Robert’s trial transcripts.
The
extremely troubled K.H. was in fact much more mentally ill and
abusive towards her children than anyone could have predicted.
Jennifer had a close relationship with her father, which may have
created “a bone of contention” between her and her
mother. Robert felt sorry for Jennifer because she had so much
responsibility for her siblings, forced upon her at such a young age,
more responsibility than most adults would have. He took her with him
to pick out videos, as a way of rewarding her for helping out so
much, and he spent time alone with Jennifer on different occasions
like most fathers, time that the prosecution twisted around, as they
contended during Robert’s trial that these special moments
between father and daughter were opportunities for Robert to molest
Jennifer.
Because they had separated the previous year and
K.H. had lost her children to Robert, K.H. grew increasingly
desperate and resentful. She knew that Robert was planning to divorce
her and although she did not want her children, she did not want him
to have them either. Robert and his wife were working different
shifts and had little time to spend together. Finances would not
allow the cost of a full time sitter, and their poor relationship was
stretched beyond endurance. The major issues between them enveloped
all their previous problems, for K.H. did not seek help for her
mental illness. She continued to neglect and harm the children even
though she had agreed to work on these things before they
reconciled.
Whether her motivation was retaliation, resentment
and jealousy, a complication of her mental illness or that she was
simply a sexual predator of young children, we may never know. But
K.H. began to sexually abuse their eight-year-old daughter Jennifer.
In the evenings, after Robert left for work, she kept Jennifer up
with her. Jennifer recalls many, many nights spent with her mother
viewing pornographic magazines, watching pornographic movies on the
Spice channel, and being encouraged by her mother to penetrate her
vagina with “two fingers” when reenacting the sexual acts
she witnessed. As a result of being heavily exposed to pornography
and seeing sexual acts performed at such a young age; and because she
had never felt such a strong bond with her mother, Jennifer began to
habitually and invasively masturbate herself. K.H. and Jennifer
continued to have their “special” time over a period of
several weeks.
Jennifer has appeared on both the Maury Povich and Montel Williams Show earnestly seeking to help her father and desperately trying to set the record straight.
On
June 14, 1992 K. H. called Robert’s parent’s home and
told them that Jennifer had come to her crying, stating that “Daddy”
had been having sex with her. She asked them for money and for some
help to move into a new apartment. She requested new furniture later
as well. Family members and friends agreed to stay quiet until after
she had a chance to move out.
Robert’s nightmare did not
begin until June 14, 1992, when he received a phone call from K.H.
She told him not to return home because their daughter Jennifer had
just told her that he had been doing bad things to her, and when he
attempted to question her further about them, she refused to
elaborate. She hung up before he could respond. Robert repeatedly
tried to call his wife back but received a busy signal. When Robert
returned home the following morning, he found their apartment a mess
and his wife and children gone. He called his friends and family who
of course told him nothing.
In the couple’s apartment, a
letter was found that his wife had written to a friend stating that
she had solicited someone to do away with Robert for $100. She
mentioned that she did not have enough money together to do this yet.
At the end of her letter she advised her friend to burn the letter
because it was “too incriminating.” This same letter
mentions a new boyfriend and how Robert “has no one now”.
She made no mention about the allegations, or even mentioned her
children. She only mentioned, “how things are looking up”
and that she “had a cheap babysitter.” The letter was
read in court, but the DA never filed charges against her.
On
June 29, 1992, fifteen days after absconding with the children, K.H.
called the Child Abuse Hotline and told them that Robert was having
sex with his eight-year-old daughter.
Robert heard rumors
through co-workers that his wife had filed charges and that there was
a warrant out for his arrest. The couple worked across the street
from each other and had many common acquaintances. This prompted
Robert to call the police department on July 1, 1992, to see if this
was actually true, or to see if it simply was a result of his wife’s
vindictive gossip. If there was a warrant, he planned to turn himself
in. Robert mistakenly believed that because he was innocent, he and
the police could straighten this thing out. Robert’s story is
typical of someone unjustly accused, because at that time he
wholeheartedly believed in the fairness of the justice system.
The
police dispatcher told Robert that no warrant for his arrest existed
at that time. The dispatcher told him that she wished to transfer his
call to the detective’s office. The detective testified during
Robert’s trial that the dispatcher said that Robert wanted to
make a confession.
Robert says that he never told the
dispatcher anything that even resembled a confession. The dispatcher
asked him his name, where he was, and what he thought he was wanted
for. He stated, “I believe I am wanted for sexually abusing my
daughter, but I am innocent of the charges.” The detectives
informed Robert that there was in fact an open investigation. This
statement would later cause great confusion as “I believe I am
wanted for sexually abusing my daughter” was interpreted as a
confession by the dispatcher as well as the detective who
investigated the case.
Robert was asked to come down to the
station for questioning, but he had no car at the time, so all agreed
to meet in the parking lot where he worked. Robert, who had never
been in trouble with the law before, signed his Miranda rights away.
During the questioning period, Robert adamantly denied each and every
allegation of which he was accused.
Robert tried to explain to
the detectives what the actual situation was between him and his
wife, but they didn’t want to hear about their marital
problems. Robert was not aware that his daughter had in fact been
sexually abused, and thought these were flippant accusations brought
on by his wife. The officers grew impatient and left saying, “We’ll
be back when we have obtained a warrant for your arrest!”
July
9, 1992, K. H. contacted the detective and told the detective that
she had coached Jennifer for about two weeks to lie about her father.
She swore that all of the allegations against Robert were false. A
meeting was then conducted with Jennifer who gave statements of how
she hated her mother and wanted to call her a “bad word”.
On
July 16, 1992, Robert was arrested and charged with four counts of
sexual assault and four counts of lewdness with a minor child under
the age of fourteen.
While Robert was in the county jail, K.H.
lost custody of their five children and they were placed with the
Child Protective Services for the State of Nevada. The children have
not seen K.H. since the removal. They were placed in a group home
pending foster placement. Later, in October of 1992, they were placed
in the care of their Grandparents, where they have remained.
On
August 6, 1992, K. H. wrote a letter to Robert, then in the county
jail awaiting trial, stating, “I’m sorry that I lied. I
was afraid that you would take the kids and go away.” She
further states in the same letter, “I hope the courts can see
the truth and set you free.” She affirms her love for Robert
and wants to be a happy family again.
August 19, 1992, K. H.
contacted the detectives and told them the allegations were correct,
that Robert had abused his daughter and agreed to testify at the
hearing.
When the state awarded custody of the children to
Robert’s mother, Virginia, and Jennifer realized that she and
her siblings were not going to be returned to their mother, who had
threatened to kill them if Jennifer did not say bad things about her
father; Jennifer tried to confide in her grandmother, to let her know
that the accusations against her father were false. She attempted on
several occasions to talk to her grandmother, social worker and aunt
and was told they were not allowed to discuss the details of the case
or the trial with her.
Jennifer also tried to recant her
testimony to the district attorney, Mr. Moreo, whom she recalls,
greatly intimidated her. At their last meeting before trial he
stated, “You’re not telling me what I want to hear. I am
going to have to do what I have to do.” Jennifer, afraid that
she would be removed from her Grandmother’s home, the only safe
and stable home that she had ever lived in, went on to tell the DA
what he wanted to hear.
Robert went to trial on March 3, 1993.
The medical testimony regarding the sexual abuse consisted of 2
pictures and “expert” testimony from a Nurse Practitioner
who worked under the (then existing) Saint’s Program. Jennifer
had been examined in August of 1992 and the hymen was found to be
abnormal. The diameter of the hymen was found to be excessive and
“consistent with abuse”, a controversial method of
determination, both then and now. This method has been highly
criticized by the medical profession as a scientific method of
determining how much sexual abuse a child has sustained, and in fact
the diameter alone does not indicate abuse at all as larger
measurements occur naturally within the non-abused population. It
should also be noted that the measurement itself is obtained by
holding a “ruler up to the bottom” of the child being
examined, so at best the measurement would be a guess and is
completely absent of “scientific method.” No tearing or
scarring was visible and the explanation given was that the tissues
were “resilient and would accept varying sizes of objects.”
(The nurse testified inaccurately as to the elasticity of the female
vagina. The elasticity is only present when a woman produces
estrogen, a hormone an eight-year-old child could not possibly
physically produce.) The faulty medical testimony was presented as
fact, when in reality, years later, a standard for measuring this is
still not agreed upon by the medical community in general.
K.
H. testified at an appeal hearing where she said, “Just little
by little I gave her more details”. “I told her to say
that her father was doing things to her, touching her, licking her,
putting her mouth on his private. I put it into her head that she was
-- that they would all get taken away”. Referring to Jennifer,
“I might have said I wish she was never born.” She
testified under oath that Jennifer had in fact been exposed to
pornography, watched the Spice Channel, and that she encouraged her
to masturbate. She described how she gave Jennifer events to remember
for time frame references, and that she impressed upon her, how the
well being of her siblings depended on her cooperation. She went on
to testify that her trial testimony was all a lie.
The damage
that may or may not have occurred to the hymen is also consistent
with the statements of Jennifer’s mother and Robert’s
account that he did nothing sexual to his daughter.
The
trial lasted three days. No experts testified for the defense, Robert
had simply one character witness, a close family member, stating that
he couldn’t possibly have done this. It took the jury
approximately four hours to reach a guilty verdict on all eight
counts. Robert received four consecutive life sentences for a crime
that he did not commit. He also received four concurrent sentences
ranging from four to seven years each.
The weekend after
Robert’s trial, Jennifer took her Grandparents aside and told
them the truth. They were shocked that a mother would do such a
terrible thing to a child; and they immediately sought help for
Jennifer. They called Jennifer’s social worker who came over
and met with her, with her grandmother present. (The social worker
later denied that Jennifer’s grandmother was present at the
meeting and went on to say that Jennifer had gone back to her
original story that morning.) Jennifer and her grandmother both say
that the social worker lied about what was said at the
meeting.
Jennifer went to Drew Christianson, Robert’s
defense attorney, where she filed an affidavit recanting her
testimony on March 11, 1993, eight days after her father had been
convicted. In this affidavit, Jennifer outlined what had actually
happened to her. She clearly stated that her father never molested
her and gave graphic testimony regarding the part her mother played
in this.
Jennifer also met with her therapist within the week
and attempted to recant her story. The therapist later provided a
report, saying that Jennifer had recanted her testimony, because her
father’s conviction had hurt her grandparents terribly. In her
professional opinion, recantations are common and do not substantiate
that the abuse did not happen. Notably, in all her years of practice,
she testified (in another unrelated trial) that children under the
age of 11 are “incapable” of lying or fabricating a story
of abuse. She further stated that children’s accounts are
usually of a progressive nature, gaining more detail over time, even
though her notes in Jennifer’s situation reflect that Jennifer
gave a consistent account, the same account of the abuse she
sustained numerous times. She also performed an evaluation test on
Jennifer (a test that does not exist) and used the results of this
test to determine that Jennifer had been sexually abused
(pre-trial).
Robert was and is hopelessly entangled in web of
lies and deceit that has taken away his most basic rights and
freedoms. Statistics show that once a man is accused of sexual abuse,
the law goes on to incriminate him, often unjustly, regardless of the
fact that he might actually be innocent. Sexual crimes against
children have the highest conviction rate of all felonies in this
country.
Jennifer also filed an affidavit regarding her
experience with Prosecutor Moreo on February 22, 2001. Now eighteen
years of age, she says that both her mother and Mr. Moreo forced her
into testifying untruthfully against her father.
Currently
Jennifer feels overwhelmed and consumed with guilt. She feels
responsible for her father’s conviction and incarceration.
Robert constantly assures her that it is not her fault. He tells her
that she was only a child, a victim, caused by her mother’s
need to retaliate against him.
Jennifer says, “I have to do
everything possible to help my father because he is innocent.”
“My mother is the perpetrator of this crime, not my
father!”
Meanwhile, Robert is in the Nevada State Prison
in Lovelock, Nevada in protective custody. He has had difficulties
given the nature of his conviction, and his refusal to admit that the
allegations are true. Paroles continue to be denied, because when
someone does not admit to his or her guilt, he or she cannot show
that they have rehabilitated within the system. Therefore, Robert
will continue to serve four consecutive life sentences. Anyone who
stands convicted of sexual offenses against a child becomes a walking
target within the system and faces a considerable threat from the
other inmates.
Robert and Jennifer are asking for your help.
Robert’s address is:
Robert Hays #39760
Lovelock Correctional
Center
P.O. Box 359
Lovelock, Nevada 89419
Robert’s outside contact is his mother. Her
address is:
Virginia Russo
3960 Sagewood Street
Las Vegas NV
89147
Note: JD’s editors thoroughly researched this story and we relied heavily on the supposedly, “expert” testimony presented during Robert’s trial. We researched trial transcripts, affidavits, appellate records, numerous interviews, and statements from the victim, Jennifer.