Sex Offender or Victim of False Accusation? 20 Years Later, Man Is on Sex Offender List

2007-04-13
By

Mike Silva could be a sex offender who molested his daughters, from who he’s estranged. Or he could be a victim of a false accusation of molestation during a custody battle, and of Parental Alienation. Sadly, we may never know.

Man once on sex offender list faces fearful San Jose parents

By Kim Vo
San Jose Mercury News, 4/13/07

In a heated exchange, San Jose residents confronted a man Thursday who was once on the public sex-offender list and now wants to sell coffee in a community library.

“If you’re in the building, we’ll take our kids out of the building,” said an Almaden Valley resident, who only gave his name as “Will.”

The “you” was Mike Silva, who arranged the meeting at the Almaden branch library after neighbors grew alarmed that a man once on the Megan’s Law database wanted to open a coffee stand there. Silva is off the list now, but must still annually register with police as a sex offender after originally being charged with molesting his two daughters.

“I’m not a threat to this community,” Silva told the audience of about 20 people, which included a mix of friends and concerned parents.

When Silva, 58, tried to open a coffee stand last fall, a patron recognized his photo from the database. Since then, Silva has tried to tell people that he landed on the public sex offender list after his ex-wife accused him of molesting his daughters during a custody battle in 1989. A police investigator who looked into the case at the time says the accusations were true.

Silva contends he accepted a plea bargain to spare his children from a difficult cross-examination on the stand – and that a no-contest plea was how he ended up on the database. He served five years probation and the charge was eventually reduced to a misdemeanor, he said. (more…)

Help for Los Angeles/Ventura County Dads
Peter M. Walzer, Certified Family Law Specialist
www.California-Divorce.com
22 views

  • Joi

    Sounds to me like he is innocent, but MANY INNOCENT men accused of crimes such as domestic violence or sexual assault take these plea bargains to avoid the REAL risk of ending up in PRISON. Many do not have the $5,000 dollars minimum retainer fee to obtain an attorney.

    I could have been him. I dated a girl in college which during the course of our relationship she ended up accusing me of sexual assault. To make a long story short she went back and told the truth… I was lucky, Silva wasn’t.

  • jackal1994

    The placing of people who plead down a case on an offender’s list is very debatable.

    Myself, I think these lists are unconstitutional. More importantly, I think these lists only give the ILLUSION of safety to parents–not true safety (much like the patriot act gives the illusion of safety against terrorists).

    But, the true threat to all men’s civil liberties is the way criminal law is blended with divorce civil suits.

    If I were to design the laws it would be thusly:

    If a wife/mother alleges rape/dv/child molestation then who gets custody should be put on hold until a criminal trial (to resolve this allegation) is completed.

    Furthermore, IMMEDIATELY there should be a quick impartial hearing to determine if visitation has to be revised until the criminal trial is over (instead of immediately taking it away like now). If there is no corroborating physical evidence or testimony then the dad should have full visitation. If the court decides (in the face of no ADDITIONAL evidence) that supervised visitation is required, then the court should pay for it.
    If there is some corroborating evidence then the court should pay for the supervised visits & charge it back to the man (lack of money shouldn’t be the reason you can’t see your kids).

    During the criminal trial the man should be appointed a public defender free of charge–why? because this is a criminal matter.

    Now, if the allegation turns out to be wrong there is two possibilities: the mother/wife was mistaken, or she knowingly lied (and in the case of molestation coached the kids to finger the dad).

    If it is proven by interview with OBJECTIVE witnesses that she knowingly lied (or if there is a recording as in the case of the mother who coached her kids in the welfare workers office), she should be put through a trial for Perjury Designed to Imprison (which would be a new law) and the max sentence should be about a 1/3 of the max sentence her target would have gotten.

    There should also be very tight restrictions on the freedom of judges to turn this into a therapeutic or house-arrest sentence (the reason being that she is a threat to society to do this to other men–imprison with her words).

    Additionally, if she is proven to have lied (or coached the kids) she should be charged back the cost of her husband’s PD from the criminal trial, and should lose most marital assets and custody of the kids. She used her kids as pawns and caused them emotional distress, and tried to rob them of their (hopefully) healthy relationship with their father–not to mention imprisoning somebody for a very long time on a lie.

  • jackal1994

    Man, I need to get a life lol






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