Appeal Denied - Tuesday, April 3, 2007
We received the response from the magistrate for Brandon's appeal on Tuesday. After holding on to the case for 28 months, he denied the appeal. We apologize for the delay in posting to the website but we needed to give the news to Brandon on Saturday before we made it so widely known.
Telling Brandon was one of the hardest things we've ever had to do. The price for hope is that the fall is from a much greater height. And yet we do hope. They cannot take it from us. As much as he hates his life in prison, Brandon is amazingly strong. We all agreed that we are more determined than ever to overcome this injustice and win his freedom. Brandon's attorney is filing a rebuttal to the magistrate's response and then we will appeal the case to the 9th Circuit Court.
If you were ever tempted to write to Governor Schwarzenegger, please write to him now. If you have written to him before, please write to him again.
We need you.
Gene and Janice Hein
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-445-4633
Telling Brandon was one of the hardest things we've ever had to do. The price for hope is that the fall is from a much greater height. And yet we do hope. They cannot take it from us. As much as he hates his life in prison, Brandon is amazingly strong. We all agreed that we are more determined than ever to overcome this injustice and win his freedom. Brandon's attorney is filing a rebuttal to the magistrate's response and then we will appeal the case to the 9th Circuit Court.
If you were ever tempted to write to Governor Schwarzenegger, please write to him now. If you have written to him before, please write to him again.
We need you.
Gene and Janice Hein
Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-445-4633
1 Comments:
My heart is broken. But we should not give up. Brandon Hein's incarceration is truly one of the great injustices I have seen in my lifetime.
As a criminologist and university professor, whose doctoral mentor was a former President of the American Society of Criminology, I can't state it anymore directly than this: If there was even the slightest belief on my part that society is even remotely safer because Brandon Hein is in prison, I would be silent.
If I had even a 5% hunch that the felony murder rule made us a safer and more just society, especially as it was applied in this case, I would be silent.
But this is worse than insanity. It is a hoax that legislators -- as they rush to enact a whole host of get-tough measures -- have played on voters. They can look tough and voters can reward their toughness.
The only problems is that many of these measures do nothing but promote the impression of a just and safe society. In fact, we end up with laws that make no accomodation for extraodinary circumstances and injustices.
It is stunning how quickly all of those so desperate to get tough on crime forget the times when, as juveniles, they dodged a bullet or made some poor judgement that could have ended in tragedy.
Toughness without justice and mercy is the essence of cruelty.
I simply refuse to believe that -- at some point -- society will not remedy this injustice and free Brandon Hein.
Our struggle continues. And so do our prayers.
Steven Gorelick
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