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
