Our Day in Court - June 25th and News of a Special Resolution
Hello to All,
First, let us explain the delay in posting an update to Brandon's website. Since anyone (including prison staff) is free to view this information, we give news to Brandon first and then we post it. We saw him yesterday.
Note:
You can circumvent the delay by writing to us at freebh@brandonhein.com. Also, if you haven't been in touch for a while please send a quick email. We lost everything in a computer crash and now need to rebuild our contact lists.
Monday was a day so completely mixed with good and bad that it's hard to know where to begin.
Good News:
With us we had a large group of caring, passionate people made up of family members, friends from work, friends from church, friends who have been long-time supporters, and new supporters - all who fought the traffic and confusion to stand with us and the families of Jason, Micah, and Tony.
Bad News:
We were in the wrong building. After finding out that our judge had recently moved, we had to make a last minute dash to a building a block away, go through the metal detectors again, sort out multiple elevators and find our way to an unmarked courtroom. Thank you everyone for your patience and for being willing to direct traffic and look out for each other.
Good News:
We filled the courtroom.
Bad News:
After waiting through other issues before the court we were told that our case had been removed from the docket.
Here's what happened
The ex parte application, filed by our attorneys, was somehow sent to the district judge instead of the magistrate (the one who denied the rebuttal). Someone on the staff of the district judge put it down for hearing, not realizing it was a request for a hearing in front of the magistrate judge. A week before the hearing, when the district judge and his staff were looking at the calendar, they couldn't figure out why it had been set for a hearing so they removed it from the calendar. Our receipt of a date for oral arguments was, in fact, a clerical error. Unfortunately, they failed to notify our attorneys regarding the change.
Good News:
All of the materials will still be sent to the magistrate judge, including the request for argument on the objections. The magistrate judge will review the objections and either make it final and forward it to the district judge or he could change his Report in light of the objections. We may still get a hearing on the objections in front of the magistrate and an opportunity to persuade him to change the Report. Though, according to our attorney, it would be unusual for a judge to reverse himself it is not unheard of and does happen. And if the magistrate does not reverse himself, the district judge will still review the Report and our objections.
Bad News:
This results in more delays and this was not the news we wanted to relay to Brandon. He is doing the best he can with all of this and still the endlessly moving finish line is exhausting and discouraging.
Good News:
The unintended result of this clerical error is that we were able to show the district judge how much support there is for these defendants. When we were given the news that the case would not be heard, all of our disappointed supporters got up and left, clearing the judge's courtroom, a fact that he noted with surprise. This was an opportunity to show the judge that this case is being watched and its outcome matters. Also, everyone present is more determined than ever to fight for release. Letters are being written, calls are being made, the love and support continues to grow exponentially. We believe this was a gift.
Thanks again to all of you who were there with us, for the hugs you gave when we got the news, and for offering to make the trip again if the opportunity presented itself.
Thanks to all of you who were on standby and willing to come at the last minute if needed.
Thanks for those who could not be there but who waited for the news and have since written letters and called any contacts who might be able to help move this forward.
Other good news from this week:
Fellow members of the United Methodist Church of Westlake Village, CA brought a resolution to the United Methodist California Pacific Annual Conference which represents 90,000 members. The resolution said in part:
WHEREAS, all of Brandon Hein's judicial appeals in California and Federal courts to date have been denied and,
WHEREAS, he has already served more time in prison than most actual murderers and has no option for parole under the law. In fact, without intervention he may spend the rest of his life on the Earth in a maximum-security prison.
WHEREAS, We as the Body of Christ, seek justice and compassion for all people: and seek to relieve the suffering of this man, our brother.
THEREFORE IT IS RESOLVED that a letter shall be sent on behalf of the California Pacific Annual Conference of the United Methodist Church to the Governor of California appealing to him for clemency and the commutation of Brandon Hein's sentence so that this injustice may end and he may be returned to his home, family and church.
The resolution passed unanimously.
Our love and special thanks to Steve Blasingame, Robert Calderhead, Catie Coots, Samuel Chow, Gary Alan Dickey, Walter Dilg, Lew Fry, Tom Griffin, Stephen Hansted Meadors, Cavalain Hawkins, George Hooper, John T. Hower, Jim Huang, Brian Long, Margaret Yun and Bishop Mary Ann Swenson
Also, thanks to Don Chapman for suggesting the idea of bringing a resolution to Steve Blasingame and to Steve for writing the resolution.
=============================================================
So here we are again. How could we ever get through this without you?
Brandon sends his thanks and gratitude as do we.
Warmest Regards,
Gene and Janice Hein
First, let us explain the delay in posting an update to Brandon's website. Since anyone (including prison staff) is free to view this information, we give news to Brandon first and then we post it. We saw him yesterday.
Note:
You can circumvent the delay by writing to us at freebh@brandonhein.com. Also, if you haven't been in touch for a while please send a quick email. We lost everything in a computer crash and now need to rebuild our contact lists.
Monday was a day so completely mixed with good and bad that it's hard to know where to begin.
Good News:
With us we had a large group of caring, passionate people made up of family members, friends from work, friends from church, friends who have been long-time supporters, and new supporters - all who fought the traffic and confusion to stand with us and the families of Jason, Micah, and Tony.
Bad News:
We were in the wrong building. After finding out that our judge had recently moved, we had to make a last minute dash to a building a block away, go through the metal detectors again, sort out multiple elevators and find our way to an unmarked courtroom. Thank you everyone for your patience and for being willing to direct traffic and look out for each other.
Good News:
We filled the courtroom.
Bad News:
After waiting through other issues before the court we were told that our case had been removed from the docket.
Here's what happened
The ex parte application, filed by our attorneys, was somehow sent to the district judge instead of the magistrate (the one who denied the rebuttal). Someone on the staff of the district judge put it down for hearing, not realizing it was a request for a hearing in front of the magistrate judge. A week before the hearing, when the district judge and his staff were looking at the calendar, they couldn't figure out why it had been set for a hearing so they removed it from the calendar. Our receipt of a date for oral arguments was, in fact, a clerical error. Unfortunately, they failed to notify our attorneys regarding the change.
Good News:
All of the materials will still be sent to the magistrate judge, including the request for argument on the objections. The magistrate judge will review the objections and either make it final and forward it to the district judge or he could change his Report in light of the objections. We may still get a hearing on the objections in front of the magistrate and an opportunity to persuade him to change the Report. Though, according to our attorney, it would be unusual for a judge to reverse himself it is not unheard of and does happen. And if the magistrate does not reverse himself, the district judge will still review the Report and our objections.
Bad News:
This results in more delays and this was not the news we wanted to relay to Brandon. He is doing the best he can with all of this and still the endlessly moving finish line is exhausting and discouraging.
Good News:
The unintended result of this clerical error is that we were able to show the district judge how much support there is for these defendants. When we were given the news that the case would not be heard, all of our disappointed supporters got up and left, clearing the judge's courtroom, a fact that he noted with surprise. This was an opportunity to show the judge that this case is being watched and its outcome matters. Also, everyone present is more determined than ever to fight for release. Letters are being written, calls are being made, the love and support continues to grow exponentially. We believe this was a gift.
Thanks again to all of you who were there with us, for the hugs you gave when we got the news, and for offering to make the trip again if the opportunity presented itself.
Thanks to all of you who were on standby and willing to come at the last minute if needed.
Thanks for those who could not be there but who waited for the news and have since written letters and called any contacts who might be able to help move this forward.
Other good news from this week:
Fellow members of the United Methodist Church of Westlake Village, CA brought a resolution to the United Methodist California Pacific Annual Conference which represents 90,000 members. The resolution said in part:
WHEREAS, all of Brandon Hein's judicial appeals in California and Federal courts to date have been denied and,
WHEREAS, he has already served more time in prison than most actual murderers and has no option for parole under the law. In fact, without intervention he may spend the rest of his life on the Earth in a maximum-security prison.
WHEREAS, We as the Body of Christ, seek justice and compassion for all people: and seek to relieve the suffering of this man, our brother.
THEREFORE IT IS RESOLVED that a letter shall be sent on behalf of the California Pacific Annual Conference of the United Methodist Church to the Governor of California appealing to him for clemency and the commutation of Brandon Hein's sentence so that this injustice may end and he may be returned to his home, family and church.
The resolution passed unanimously.
Our love and special thanks to Steve Blasingame, Robert Calderhead, Catie Coots, Samuel Chow, Gary Alan Dickey, Walter Dilg, Lew Fry, Tom Griffin, Stephen Hansted Meadors, Cavalain Hawkins, George Hooper, John T. Hower, Jim Huang, Brian Long, Margaret Yun and Bishop Mary Ann Swenson
Also, thanks to Don Chapman for suggesting the idea of bringing a resolution to Steve Blasingame and to Steve for writing the resolution.
=============================================================
So here we are again. How could we ever get through this without you?
Brandon sends his thanks and gratitude as do we.
Warmest Regards,
Gene and Janice Hein
2 Comments:
July 1, 2007
The Honorable Arnold Schwarzenegger
Governor
The State of California
Sacramento, California
Dear Governor Schwarzenegger:
You should be proud of the reputation you are getting around the world.
I was recently named a Fulbright scholar by the German American Fulbright Commission and was privileged to travel to Germany for meetings and discussions with a variety of scholars and government officials. I am a California native, a proud UC grad, but for a number of years have been a sociologist on the faculty of Hunter College in NYC specializing in criminology and media studies.
Imagine my pride as a Californian as I heard official after official commend your leadership on environmental issues as Governor of California. As you know this is challenging time for America’s image around the world, and before my trip to Germany I didn’t fully appreciate the extent to which actions like yours with regard to the Kyoto protocol are crucial to our place in the world.
Because of my training in criminology, many of my discussions had to do with criminal justice, violence and terrorism. And this is why I am writing you on an extremely serious matter in which I think you could also take international leadership. Please know that the depth of feeling and strength of commitment in the words that follow are not some rhetorical strategy on my part to get your attention, but something I believe with every ounce of my being.
Somehow as I spoke to lawyers and criminologists and legislators in Berlin last week, I found myself thinking about the case of a young man in California, Brandon Hein. I know that you and your staff already know the outlines of the case, and I briefly explained the facts to the members of the Bundestag. I will never forget the reaction.
Do you mean, they asked, that – absent a successful appeal or action by the Governor – the young man will spend life in prison for a homicide he did not directly commit? Believe me, they understood the technicalities of the felony murder rule, but were just dumbfounded that this could happen in America. I had no good answer.
Can I be bold and I hope not disrespectful? I think that you are just the kind of independent, contrarian and expectation-defying man who would be gutsy enough to right the wrong in the case of Brandon Hein. As a criminologist who specializes in the very worst things that people do to each other, specifically crimes against children, my life is dedicated to making the world a safer place. And I ask you to believe that I would not be writing this letter if I could think of even one just and persuasive reason that the world would be safer with Brandon Hein in prison. But I can’t.
You could again play an international leadership role by showing that toughness is only just when leavened with mercy. And that whatever you think of the felony murder rule, the precise circumstances of Brandon’s participation in the crime beg for his release after over a decade in prison.
I urge you with as much feeling and commitment as I think I have ever marshaled for any cause to grant clemency to Mr. Hein and commute his life sentence.
Finally, with some embarrassment I will share something I have never spoken about publicly. I have been a University Professor and a University vice-President. I am proud to work in a variety of areas related to crime and media and was privileged to serve as a US delegate to the 2005 Club of Madrid Terrorism Summit. But all of this was preceded by a rocky adolescence in Southern California in the 1960s. At one time I was a participant in an act by a group of boys that easily could have led to the death of innocent people. We were playing around with fire and, as I have never forgotten, only the direction of the wind sent the flames to a vacant lot rather than an adjoining populated building. I was appropriately punished, but allowed to build a life. And I did. Because of the wind.
The point is that in a society where toughness is leavened with mercy, many people like me who have had rocky starts have been given a chance to build a life. That is what makes us more civilized then vengeful. Please, Governor Schwarzenegger, give the same chance to Brandon Hein. Give him the same chance you would have wanted as a young man had you been caught up in similar events.
In deep gratitude and with hope,
Steven M. Gorelick, Ph.D.
Professor
Hunter College of the City University of New York
I feel so powerless...and it makes me angry. It seems that this is something that should easily be seen as a great injustice, and corrected. I don't understand the bitterness that exists in a parents' heart that would desire these young men to be incarcerated for the rest of their lives. Having lost my son in a tragic teen "accident" unlike them, my heart suffers for the young man who had some responsibility in it.
I love the letter by Dr. Gorelick. It speaks of the frailties of life and how a decision made in youth should and must be balanced with grace.
I'm finding it more and more difficult to follow this tragedy, and so admire your faith and diligence in fighting for Brandon's freedom.
I wish I could have stood in that courtroom with you. Please know that I am there in heart and spirit.
Best wishes,
Myra
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