The Brandon Hein Blog

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noreply@blogger.com (Gene and Janice Hein) — Tue, 16 Mar 2010 03:32:00 +0000

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3/15/2010 "The Circle Widens" from Karen Baxter

noreply@blogger.com (Gene and Janice Hein) — Tue, 16 Mar 2010 02:59:00 +0000

“The circle widens”
a true story of loss,
and hope
by Karen Baxter

I wish I had met Brandon and his parents at a backyard BBQ thru mutual friends and that the story I am about to share never happened but neither is true. I was humming along with my own life when Brandon Hein (with his still young face after serving so many years in prison) landed in front of me and refused to be ignored. Sometimes fate slaps us in the face literally. This happened to me and I can tell you there is no going back, no time out –no, not sure I want to do this.

It all happened innocently enough and was backed with simple maternal primal motivation. I saw a tiny newspaper clipping in the local paper announcing a documentary screening at a local university. The headline read “Agoura Hills Crime Recounted.” That alone did not trigger me but the next line did. “The father of a man serving a life sentence for first-degree murder in the death of an Agoura Hills teen,” did. I read on.... a teenage brawl in a backyard for, one teenager used a pocketknife, there was a fatality and all four boys were sent to prison for life. First slap. I thought to myself - this is important for my teenage son to see – maybe it will frighten him up a bit. He had been pushing the furthest parameters of my motherly fears for more than a year now. I was tired and a little scared. I had two brothers and now have two sons of my own and know well the vulnerability of that dangerous window of 16-20 years for boys. They have the highest fatality rate, are prone to take a lot of uncalculated risks and they make choices that affect themselves and sometimes carve deep lines into their future.

We went to the screening and after listened to a panel of lawyers and experts discuss the harsh edges of this case and we even met Brandon Hein‘s parents (one of the young men who had been sentenced at 18 and had now served 14 years of his young life). Brandon had no prior record but had no real focus or direction either and was wasting days and partying instead of attending school. Other than that, just a typical teenager. But on that day in 1995 he was in the wrong place at the wrong time and neither he nor his parents had a hint of the nightmare that their lives would soon become.

My teenagers and I left that evening with a boat load of anger and a reality check that landed on my shoulders and refused to fall off. I had never known anyone in jail or prison and did not really understand fully how badly our justice system operates both in California and as a nation. Our addiction to incarceration is not as much about justice as the powers that be would have you believe. It is BIG business and it’s not pretty to look at up close which I began to see for myself. The politics of prison guards and prison development are powerful and have literally taken the oxygen out of our justice system.

The next few months after seeing the screening I decided I was going to do something, - what? I was not sure yet but do something and do it now was my mantra. The crushing weight of knowing Brandon’s fate and current status was almost immobilizing at first but I immersed myself daily reading and researching all that I could on his case, his supporters, his enemies and our justice and prison systems. The deeper I got, the scarier things looked and the harder it was to sit idle. It opened up a part of myself that had previously been immersed in making sure my kids got to soccer practice and school, to a new place where I was grappling with this enormous injustice. A problem I could set aside for others but somehow I knew in my gut I needed to queue up my energy and my focus like a soldier going into battle. Sometimes fate slaps you in the face – not because you deserve it but because you happen to be in a certain place at a certain time and destiny pulls your name.

I have grown close to Brandon and his family and love them all dearly. My hope is that each and every person who reads this will take the ten minutes out of their very full lives and do for Brandon what only each individual can do. Write to the Governor of California and let him know your hopes and dreams for Brandon’s future and tell him that Brandon deserves to come home. Ask the Governor to commute his sentence and grant him full clemency - he has the power to do this. Please help Brandon Hein and his family by writing the Governor today – change occurs thru the power and passion of individuals. Use your voice to give this young man another chance - feeling bad for him is not enough, you must take action today. It is my heartfelt wish that all of us together will create a wave of love directed at the Governor in the name of Brandon Hein; creating an energetic tipping point that will set Brandon free. I believe we can do this together.

Thank you for your love and support. -
please address your letter:
The Honorable Governor Schwarzenegger
State Capitol Building
Legal Affairs / Re: Brandon Hein
Sacramento, CA 95814

Status of Appeal 03/06/10

noreply@blogger.com (Gene and Janice Hein) — Sat, 06 Mar 2010 17:15:00 +0000

Hello Everyone,

We are just checking in to let you know that there is no news yet from the Court. Brandon's last appeal was filed on May 12, 2008. Seventeen months later on October 7, 2009, Oral Arguments were heard. It is now five months later, March 6, 2010, and we have not heard any word on a ruling yet. Brandon waits and we wait. Unfortunately, that is the way it goes with this process. We will let everyone know as soon as we do. Please continue to hang in there with us. It means a lot.

We also invite you to visit a website called The Justice Project. (http://www.thejusticeproject.org). They are doing important work to help those who are wrongfully or unjustly sentenced.

Finally and most important, please write to Gov. Schwarzenegger and let him know that the communtation he granted to Brandon is deeply appreciated and we respectfully request that he release Brandon from prison before he leaves office at the end of this year. Write often if you are able.

Regards,
Gene and Janice Hein

Status Update: January 18, 2010

noreply@blogger.com (Gene and Janice Hein) — Tue, 19 Jan 2010 01:15:00 +0000

Hello Everyone,
We haven't posted for a while because we are still waiting for a decision on Brandon's appeal which is in the hands of the Judges from the 9th District Court. Sometimes it's hard to write an update when there is no new news. Even so, we understand that it is a kindness to you who have been so supportive to confirm, "Nothing new from the court." We will try to do better about that. Since this is Brandon's last appeal, we are full of equal parts fear and hope. More than fourteen years is a long time to crawl through the justice system.

Brandon has had his ups and downs. Prison is not a happy place to be but he tries to make it bearable. He's working hard to focus on his artwork and drawing portraits from photographs. He is also designing tee-shirt art for a former cellmate who is on the outside now and has started a clothing company called Recover Me. Pretty cool stuff.

It's hard to believe that the year is 2010. We started this sad journey with Brandon in 1995. It began with a tragic loss of life and then tragedy compounded tragedy as boys were put in prison and over time became men. Brandon will be 33 years old in February. We have a photo on our bulletin board that is a sign of hope and time. It was put up in 2007 and each year we reluctantly overwrite it to match the calendar. Will this be the year?

No matter how many days, and weeks, and months and years go by, our love for Brandon and his love for all of us is steadfast. We will never give up our fight to win his release. Watch for updates to this website soon. We may have some new ways that you can help. As always, thank you for the kindness of your open hearts.

Warmest Regards,
Gene and Janice Hein

A letter from Steve Gorelick

noreply@blogger.com (Gene and Janice Hein) — Sun, 15 Nov 2009 18:38:00 +0000

November 7, 2009

Dear Janice and Gene and Brandon:

I am sorry I couldn't be at the arguments. My fingers will be permanently crossed until this injustice is remedied.

And I repeat for the umpteenth time. As a Professor with a PhD in Sociology and Criminology, I am involved with the movement to free Brandon Hein because there is not any -- not one piece of -- evidence that the felony murder rule and Brandon Hein's imprisonment has made one single person in California or anywhere even slightly safer.

Seriously: Doctoral level research criminologists, as opposed to the phony experts that sometimes appear on cable television, are evidence based academics. And there is not one piece of even feeble evidence that keeping Brandon in prison is serving any useful social purpose.

I am not against punishment. I like firm and proportionate punishment. And I am not saying that society is not well served by a criminal code that punishes the guilty.
But you could wait until the cows come home before you could find one serious research criminologist who would say these words: "The Felony Murder Rule serves a useful public service, promotes public safety, and serves a demonstrable deterrent effect."

Oh you'll find prosecutors who will say it, you'll find people in law enforcement who will say it, you'll find TV pop-criminologists who will say it. But you simply will not find a research-based criminologist who will say it. Because they can't. There is no evidence. Oh, there is speculation. There is overheated political rhetoric that makes expansive claims for why we need the Felony Murder rule. But there is no evidence that it is anything other than a measure that looks tough to a scared public and that gives the politicians who support it some cover with voters who demand a system that gets tough with evil.

I am fully aware that Brandon's appeal leans on a series of persuasive and elegant legal arguments and not on the efficacy of the Felony Murder Rule. The felony murder rule is not on trial. But you might read the blog post below that I wrote about Brandon and about how in the early 1960s, not far from where oral arguments were heard, I had my own "wrong place in the wrong time" incident. But for the direction of the wind in California that day -- that's right, the wind -- I might be a 58 year-old lifer in the cell next to Brandon.

I was playing with matches and set a small fire that, on any other day with more wind and a higher temperature, might have led to tragic results. In my case, the wind blew the other way, the fire didn't reach the nearby building with people inside, and I got a warning and only a very brief brush with the juvenile justice system.
http://mediaandmayhem.com/2009/08/23/an-incredible-injustice-the-case-of-brandon-hein/

Brandon, on the other hand, was not holding a knife. But the knife, held by someone else, moved an inch or two in the wrong direction, a young man who also deserved a chance at life was killed, and Brandon spends all these years imprisoned. For me, beneficiary of the wind, life went on to include graduate degrees, faculty positions, and a University Vice Presidency. Add some wonderful kids and a wonderful wife.

Again, Brandon's case will hinge on the appellate arguments. They are strong. They should succeed. But let's not fool ourselves into thinking we as a society have accomplished anything -- ANYTHING -- by convicting and imprisoning a bystander who -- while admittedly at the wrong place at the wrong time and at a place he shouldn't have been -- did not kill anyone.

Believe me, I know the politician's arguments: We have to get tough, we have teach kids to stay away from bad people and bad situations. Some of them are sincere in their belief. But first I would like to ask every member of the legislature whether they have ever been in a situation that could have easily and quickly moved in the wrong direction and ended in tragedy.

Adolescence and young adulthood is packed with moments of thoughtlessness and plain old stupidity. Do we really want a criminal justice system that leaves no room for this? I think we are simply too smart and too merciful to allow it.

Steve Gorelick, PhD Professor City University of New York

Oct. 7, 2009 Oral Arguments

noreply@blogger.com (Gene and Janice Hein) — Sun, 11 Oct 2009 15:55:00 +0000

Thank you for all of the love and support you have sent our way. October 7th was hard; in many ways taking us back to the time of the first trial so many years ago. In a courtroom, regardless of which side you are on, and unless you are a judge or an attorney, there is little to do but sit and listen. So many times you want to leap up and yell, "That's wrong because of this and this and this!" but you can't. You must leave it in their hands.

The best way to update you on the actual day in court is to share the many questions we have received and the answers we have given:

What was this day in court for?
The appeals filed for Brandon Hein, Tony Miliotti, Jason Holland and Micah Holland have reached the level of the United States Court of Appeals for the Ninth Circuit. Up until now, they have been reviewed by the state appellate courts (where cases are known to have a 3-5% success rate). Once an appeal is filed, the attorneys can request the opportunity to present Oral Arguments to the judges (3 judges were assigned at this level). This request is not always granted but it was granted this time and that is a positive because it gives the attorneys the opportunity to answer the judge's questions and give additional emphasis to the strongest issues for appeal.

Was Brandon's attorney the only one there?
We have also been asked if Brandon would be present. The answer to both questions is no. Brandon, Tony, Jason and Micah were not allowed to be there. Attorneys for each of the parties to the appeal were present (the parties being Brandon, Tony, Jason and Micah as petitioner-appellants, and the state, represented by the Attorney General, as the respondent-appellee). However, because each side (rather than each party) was limited to 15 minutes of argument, it was decided among the attorneys for each of the petitioners that one attorney would address the court for all of them as to all of the issues that were commom to all of them, and Brandon's lawyer was the lawyer who argued for all of them. This is a common practice in such cases because the judges usually ask questions and switch between issues and it becomes very frustrating to the judges (and laywers) if every two or three minutes they have to stop and start with another lawyer. Tony's lawyer also presented argument on his behalf because he had a separate claim that only applied to him. A lawyer from the Attorney General's office presented argument on behalf of the state. After the state's lawyer argued, rebuttal argument was presented by Brandon's lawyer (on behalf of all the petitioners) and Tony's lawyer (as to his separate claim). Although the time limit was set at 15 minutes for each side, for a total of 30 minutes, the arguments actually lasted about 90 minutes because the judges had so many questions.

We have heard the courtroom was full. Who was there?
The courtroom had pew seating and was able to hold 150 to 200 people. It is the largest of the three courtrooms at the District Court in Pasadena.
This is who attended:
- The family members of Brandon, Tony, Jason and Micah were there as well as many of our dear friends and supporters. This injustice is so apparent that many are compelled to become actively involved. Those who could possibly be there, stood with us.
- Mr. and Mrs. Farris were also there with family and friends.
- Also present that day were students from ITT Tech criminology classes. We speak to schools often when these goals: to help students to know about the Felony Murder Rule and to understand how it is used and abused; to help them understand that they will shape the future of the justice system - one way or another; to help them understand that the decisions they make about how they conduct themselves today will impact all of the people who love them; and most of all to try to keep families and children from this nightmare of loss, whether from death or incarceration.

What are the grounds for appeal?
There were four separate and distinct legal claims that were presented as grounds for why the petition should be granted: (1) Michael McLoren's provided false testimony as to (a)whether he had immunity (that is whether he could be prosecuted based on what he told the police and testified to at the trial) and (b) why he was testifying for the prosecution given that to do so he had to admit he possessed marijuana and sold marijuana previously); (2) the prosecution failed to disclose evidence favorable to the defense, consisting of (a) a letter granting McLoren immunity; and (b) the detective's notes of an interview of a witness who said she had seen the boys before they went to McLoren's fort and that they had said they were going to "buy" marijuana; (3) misconduct by the prosecution, which included asking improper questions, telling the jury the defense lawyers were dishonest and telling the jury they should believe McLoren because by testifying he had exposed himself to criminal liability - meaning he could be prosecuted for what he said during his testimony, which the prosecution knew was false because they had given him written immunity; and (4) cumulative error, meaning that even if any of the first three claims was not sufficient by itself to have caused a constitutionally unfair trial, the cumulative impact of the individual errors resulted in a constitutionally unfair trial. The claim that seemed to concern the judges the most, and which upset them the most, was the misconduct, especially the false statement to the jury that McLoren had exposed himself to criminal liability. At the same time, however, it appeared that the judges were not convinced this misconduct made a difference in the outcome of the trial, so that even if it was wrong for the prosecution to do it, that did not justify overturning the jury's verdict.

How did it go?
What is written above is from a legal perspective. From the perspective of family and Brandon's supporters, it was more like this: The judges seemed harsh in their questioning of our attorneys and made some statements that made it seem like they had made up their minds against us. That was painful to sit through. However, when the attorney from the Attorney General's office stood at the podium, they were also very hard on her. Each time she tried to say that the prosecutors had made errors they corrected her and said, "Those were not errors. That was misconduct."

What are the possible outcomes?
The three judge panel can either (1) "affirm" the decision of the district court denying the petition for a writ of habeas corpur; or (2) "reverse" the decision of the district court and order that the petition should be granted. If the court reversed the district court and ordered the petition to be granted, it would mean that the state would either have to retry them within a specified time period, or release them. There is a third possible, but unlikely, outcome, which would be for the court of appeals to return the cases to the district court for a hearing about a question of fact, e.g., whether the witness actually told the detective the boys said they were going to "buy" marijuana. In that circumstance, the court would not affirm or deny the district court, but instead remand the case and order the district court to make a new decision on the petition after conducting a hearing.

What happens now?
If we have learned one thing in this process, it is that we have little or no ability to guess the outcome. Now we wait. It will probably take from 2-6 months before they give their decision. If the panel of three judges affirms the district court, a petition for rehearing may be made to the full Ninth Circuit Court of Appeals; conversely, if the panel were to reverse the district court, the state could petition for a rehearing. Rehearings, however, are rarely granted.

The bottom line:
All those wonderful prayers and thoughts for a good outcome that you have been sending our way...they are needed now more than ever.

Gene and Janice Hein

Newsweek article about Brandon

noreply@blogger.com (Gene and Janice Hein) — Tue, 18 Aug 2009 02:40:00 +0000

Hello Everyone,
Under the heading "My Turn," Charles Grodin has written an article about the Felony Murder Rule and Brandon.
To read the article visit the url below or pick up a copy of Newsweek (end of August issue)
http://www.newsweek.com/id/212159

We also want to highlight for you that Charles mentions that Brandon was given a communtation by Governor Schwarzenegger which removed the "without parole" portion of his sentence. This was a step forward and we are extremely grateful for the renewed hope and purpose it has given Brandon. Even though Brandon would not be eligible for parole for another 10 years or more, at least now he has a chance. We would have preferred to let you know about the communtation when it happened earlier this year but please know that we share what we can, when we can. It is not always our decision to make.

Please do visit the Newsweek website. Mr. Grodin has written a compelling and succinct statement of what is wrong with the law and the sentence. We are so thankful for his continued and tireless efforts toward Brandon's release.
Regards,
Gene and Janice Hein

Save the date! Oral arguments scheduled for Oct. 7

noreply@blogger.com (Gene and Janice Hein) — Thu, 06 Aug 2009 03:04:00 +0000

Hello Everyone,
Here's an important announcement. The oral arguments for this case have been scheduled for Oct. 7. We think they will take place at the 9th District Court in Pasadena but that is not confirmed.

Like last time, we need your support:
- If you can be there with us to pack the courtroom, please do. We appreciate it so much.
- Please keep us all and especially Brandon in your prayers. This is our last appeal.

Also, like last time:
- This date could change or be cancelled on short notice.
- We are hearing that a decision could even be rendered before the day arrives.

We will give you more details as soon as we have them.
Warmest regards,
Gene and Janice Hein

Status Update 7/13/09

noreply@blogger.com (Gene and Janice Hein) — Sat, 11 Jul 2009 18:39:00 +0000

Hello Everyone,
The year is flying by and still we wait to see if our attorneys will be granted oral arguments for the appeal. Why it always takes so long we just don't know but we persevere for the love of Brandon.
On Saturday, June 27th we joined the Freedom March for the wrongly convicted. Some sad statistics from their press release:

MARCH FOR THE WRONGFULLY CONVICTED
- IT'S ESTIMATED THAT 10% OF ALL PRISONERS IN THE U.S. HAVE BEEN WRONGFULLY CONVICTED.
- THOSE WHO ARE EXONERATED SPEND AN AVERAGE OF 12 YEARS INCARCERATED.
- IN THE LAST 3 DECADES, 238 AMERICANS HAVE BEEN EXONERATED WITH DNA EVIDENCE.
- MORE THAN ONE HUNDRED HAVE BEEN EXONERATED FROM DEATH ROW.

The organizers represent those who have been wrongly convicted due to false testimony, prosecutorial misconduct, jury misconduct, disproportionate sentencing, misapplication of the law and so many other reasons. The day was an opportunity to put a face on the plight of these inmates and their families. For more information you can visit acwip.net and rayeofhope.org.

Brandon has had a challenging year on the inside but is hanging in there. A dear friend and supporter has brought his artistic talent to the attention of art dealers and they are interested in showing his work. That has given him such a great boost. Recently he did not have access to his art supplies and crafted a paintbrush from human hair so he could try his hand at painting with Kool Aid. Where there's a will, there's a way.

Thanks always for your support,
Gene and Janice Hein

Update: For a personal reply

noreply@blogger.com (Gene and Janice Hein) — Sun, 05 Apr 2009 16:56:00 +0000

Hello Everyone,
We've received a number of posts recently where the person wanted a reply from us directly. Just a reminder: you can send those emails to freebh@brandonhein.com. That way you won't have to worry about your email being out there for everyone to see and we'll respond as best we can.

Brandon is doing better since the last letter he posted on this website. Thanks to all of you for your support and tireless efforts on his behalf. He's just started a vocational woodworking program that he's enjoying and his college classes will start again soon. We also hope to be making his art available to purchase online so watch for updates.

Warmest regards,
Gene and Janice Hein

Status of Appeal 2/8/09

noreply@blogger.com (Gene and Janice Hein) — Sun, 08 Feb 2009 23:30:00 +0000

Hello Everyone,
The only word we have on Brandon's appeal is that we should know in a couple of months whether or not the request for oral arguments will be granted. As soon as we hear anything, we'll let you know.

Brandon's birthday is on February 17th. He will be 32 years old. It doesn't seem possible that this much time has passed. In May, he will have been incarcerated for 14 years.

There is a link on this website to a letter from Brandon. We've had the one he wrote in 2005 posted there for a long time. He's wanted to update it but finds it hard to know what to say when nothing changes. However, if you check the link today, you'll see that there is a new letter from him. The message isn't cheery - it isn't meant to be - but it's real.

None of us, in our lives, are always upbeat but we do have resources to lift ourselves up by our bootstraps (family, hobbies, exercise, counseling, medicine, change of scene). These resources don't exist in day-to-day prison life. Still Brandon has managed so many times to pull himself up and start again with renewed hope and focus. He'll do that again this time too. The one message, he wants to send loud and clear is that even though he has worked very hard to be strong in the face of an unjust sentence, he hates living in a prison. As much as you want him to be free, he wants it a thousand times more.

Please keep that strength and hope coming as we head into this final stretch.
Regards,
Gene and Janice Hein

Status of Appeal 12/8/2008

noreply@blogger.com (Gene and Janice Hein) — Tue, 09 Dec 2008 02:53:00 +0000

Hello Everyone,
It's been a few months since our last posting and we wish we had some news for you on the appeal but this is the way it goes with the legal system. The process takes a lot of time. We will definitely tell you if we hear some news.

Since our last update, Gene was asked to participate in a panel discussion at California Lutheran University after a screening of William Gazeki's documentary about this case called "Reckless Indifference." Criminology professor, Robert Meadows, included the film in his series as a way to open discussion about the case and to teach his students about the law and how it is applied today. Dr. Meadows has written a textbook entitled, "Understanding Violence and Victimization." He mentions Brandon in one section of the book.

We always appreciate these opportunities. We were glad to see many of our dear friends, family, and supporters there and we were especially pleased to see some new faces - parents who had brought teenagers to see the documentary. In the past, we've spoken to many students (elementary, junior high, high school, college, church groups and scouts) and have focused not on the injustice of Brandon's sentence which speaks for itself, but about decision making and how actions can have consequences far beyond the moments in which they are made. We hope and pray that we have kept some of your kids from harm.

Brandon has also done his best over the years to help by patiently answering questions when students have written to him because they have chosen his life as a subject for their school reports. Also, sometimes kids write to ask him for advice and he hopes his answers help them to understand that prison is not anywhere a young person with their life ahead of the them wants to be, not now, not ever. At least two of Brandon's friends have chosen to focus their studies on criminology, one is finishing a 4 year degree and another is working on a doctorate. We know he made a difference in their lives and we hope many others.

None of this would be possible without the strength your ever faithful support provides to us and to Brandon. Thank you all for your steadfast love. We wish you the best this holiday season and always.

Warmest Regards,
Gene and Janice Hein

Status of Appeal 9/12/08

noreply@blogger.com (Gene and Janice Hein) — Sat, 13 Sep 2008 23:59:00 +0000

Hello Everyone,

We have another update for you on the status of the appeal. The Attorney General's office filed their revised brief and resubmitted it to the United States Court of Appeals for the Ninth Circuit on 8/21/08. Our attorneys requested an extension and will file their response on 9/19/08.

Our apologies for the delay in posting some of these updates. Sometimes it takes longer than we'd like in order to get time to work on the blog because of travel for work or other issues. Recently Gene took a spill on the stairs (aided by the cat who thought that was a good place for a nap) and dislocated and fractured his right ankle. Surgery and a cast have him mobile again. Now in order to visit Brandon, he needs a note from the doctor stating that the screws and a plate are supposed to be there. Instead of going through the metal detector he will need to have a wand run over that that area. This is still doable though and we are grateful his injury was not worse.

Brandon is doing all right. There is nothing new to report about his living conditions. He works, he reads, he listens to music, he exercises and focuses as much time as possible on his artwork. On a sad note, his grandfather recently passed away. They were close. These things happen when someone is in prison. Life and time moves on. With love for Jerry's memory we close for now. Thank you all for your kind and caring support.

Regards,
Gene and Janice Hein

Status of Appeal 8/15/08

noreply@blogger.com (Gene and Janice Hein) — Tue, 26 Aug 2008 00:37:00 +0000

The United States Court of Appeals for the Ninth Circuit sent an order to the Attorney General's office on 8/15/08 requiring them to file a new brief that is not more than 24,000 words. They need to file this new brief by Sept. 15 and then our attorneys will have 14 days from that date to file our reply.
Regards,
Gene and Janice Hein

Attorney General Filed Response, July 16, 2008

noreply@blogger.com (Gene and Janice Hein) — Tue, 05 Aug 2008 00:20:00 +0000

The Attorney General filed a 141 page brief on July 16, 2008. This was in response to the Appeal we filed on May 12, 2008 (please see the prior posting). Now our attorneys will have a chance to rebut those arguments in a brief of their own. The given response time is 14 days though they will likely ask for an extension just as the Attorney General's office did. After that, our attorneys may or may not be granted the opportunity to present oral arguments. Once these steps are done, the Court will review all of the materials and notify us with their ruling. Through all of this, we hope and pray as hard as we can that their decision will be in our favor.

Other than this news, there have not been any changes to report to you. Brandon is doing okay at Centinela. He hasn't been able to order paints but is learning to use colored pencils (though getting even those can be a challenge sometimes). There was a rumor a while back that they might close his yard and move him again. We haven't heard anymore about it for a while so we hope that everything will stay as it is for now. We can manage the travel and Brandon is really enjoying the many visits from family and friends that's he had since his arrival.

Thanks so much for your kind notes and continued support.
Regards,
Gene and Janice Hein

The Appeal was filed on May 12, 2008

noreply@blogger.com (Gene and Janice Hein) — Mon, 26 May 2008 23:26:00 +0000

A reminder from a past posting: Filing a brief is a time consuming process. We do not expect an answer from the court for 6 months to a year. There are many steps in the process.

- The Attorney General's office will be given time to file a response.
- Our attorneys wil then be given time to file a reply to their response.
- Then it will be in the hands of the court for a number of months.
- Whether oral arguments will be granted or not this time, we do not know.

At least now it is finally in process. Thanks always for your prayers and good wishes for Brandon's freedom. He's hanging in there and appreciates your support.

Regards,
Gene and Janice Hein

Ps. Keep checking the art gallery called The Box on brandonhein.com. New artwork will be posted soon.

Status of Appeal 5/6/08

noreply@blogger.com (Gene and Janice Hein) — Tue, 06 May 2008 13:29:00 +0000

The filing of the appelate brief has been delayed again and is now scheduled to take place on May 12, 2008. The legal team is still refining the document and while we are always disappointed by delays, we want what is best for Brandon.
Warmest Regards,
Gene and Janice Hein

Status of Appeal 03/30/08

noreply@blogger.com (Gene and Janice Hein) — Mon, 31 Mar 2008 01:22:00 +0000

Hello Everyone,

The filing of the appeal with the 9th Circuit Court has been delayed for what we hope will be the last time. It is now scheduled for April 28, 2008. Just a reminder, the filing is only the start of the process. If you haven't already, please take a minute to review our prior blog posting as it talks about the multiple steps yet to come.

We saw Brandon on Easter and he's doing okay. His yard has been locked down quite often in the last couple of months and that makes scheduling visits a challenge. Even so, he has great friends and family who are willing to risk being turned away. We've really been grateful that the long drive hasn't deterred them.

Warmest regards,
Gene and Janice Hein

Status of Appeal 03/03/08

noreply@blogger.com (Gene and Janice Hein) — Tue, 04 Mar 2008 03:13:00 +0000

Hello Everyone,

We have an update for you on the status of the appeal. It was not filed as planned in February. The attorneys needed more time with the brief so the new date for filing is March 25th. From some of the messages we received, our last blog posting apparently caused some confusion. Filing a brief is a time consuming process. Even though March 25th is the new date, we do not expect an answer from the courts for 6 months to a year. There are many steps in the process. The Attorney General's office will be given time to file a response and our attorneys will then be given time to file a reply to their response. Then it will be in the hands of the court for a number of months. Whether oral arguments will be granted or not this time, we do not know. So as you can see it will be a long time before we know the 9th Circuit Court's ruling. We wish that were not the case but it is.

On a more positive note, Brandon continues to produce incredible artwork with the materials he has at hand (pencil, pen, colored pencils). We planned to visit last weekend but his yard was locked down so we will try again. He sends his thanks for your cards, birthday greetings, and letters.

In February, the Calvary Lutheran Church in Grants Pass, Oregon put on a fundraiser for Brandon's defense fund. This is the church of Brandon's grandparents. It was a beautiful event with about 90 attending a German dinner, purchasing raffle tickets for donated, and in many cases handcrafted, items. Music was played, songs were sung, prayers were given, and love filled the room. We are very blessed to have such a caring group of people in our corner just as we are blessed to have all of you.

Warmest regards,
Gene and Janice Hein

News of Brandon 1.27.08

noreply@blogger.com (Gene and Janice Hein) — Sun, 27 Jan 2008 17:03:00 +0000

Hello Everyone,

We've had a few visits with Brandon at Centinela State Prison in Imperial, CA. The first time we drove down was on Christmas Eve. The prison has to process his paperwork (it's called being "classified") before he's allowed a contact visit. We went to visit on Christmas Day and since he was not yet classified, we were only allowed to see him for a half hour through the glass. Visiting that way is tough because you have to talk by phone and only the person holding the phone receiver can hear him.

We drove down again the first and second weekends of January. It takes almost 4 hours one way so we stay overnight. The drive is all freeways and not bad. El Centro (about 10 miles from the prison) has a number of hotels that are reasonably priced. The first weekend was a visit through the glass again for an hour each day. The second weekend we finally had contact visits. (Yeah!) For those who have visited him at the other prisons, this area is run well. Processing is quick and organized. The visiting room is very clean. The chairs have some padding (5 hours on the plastic ones can take a toll on your back), and there is a patio so you can get some fresh air and sit at the concrete picnic tables (okay - it's surrounded by walls and barbed wire but still, a chance to go outside!). We hear temperatures can get up to 115 degrees in the summer so that will make it interesting.

How is Brandon?
He's doing okay.

His first cellmate was 79 years old. A decent guy though they didn't have much in common. His current cellie shares his interest in art and that's a plus. Brandon misses painting. He is trying to work with colored pencils but his ideas come out faster than he can express them by drawing and that's frustrating. We still hope that a hobby program can get started there.

He misses seasons. Tehachapi had snow and rain. Imperial has sun, wind, and dust - lots of it.

Brandon is allowed to call more often, has a job that doesn't cancel out any visiting times, and the TV gets more channels and movies. Visiting is open on Friday as well as Saturday and Sunday. All good. He receives mail quickly and the cards you sent at Christmas have been forwarded to him.

Thanks to all of you who have asked for his new address. He just switched to a new cell number on the same yard. Mail will still reach him at the previous address. He can give you the new cell number when he replies or you can write to freebh@brandonhein.com again and request it.

If you would be willing to accept a collect call from Brandon please let him know. Include your phone number in your letter and let him know the best times to reach you. This is important because the times he's allowed to call vary from day to day and the he's only allowed a limited number of minutes. The calls can be made to land lines only so if yours is a cell phone, this is not an option.

Thanks to all for your continued support.

Warmest regards,
Gene and Janice Hein

Status of the Appeal
There's been a minor change to the filing date. It is now February 22, 2008.

News of Brandon Hein 12.21.07

noreply@blogger.com (Gene and Janice Hein) — Sat, 22 Dec 2007 00:21:00 +0000

Hello To All,
We're writing to let you know that yesterday Brandon was bused to Centinela Prison in Imperial, CA. This one is located to the left of San Diego, in the desert, down nearer to the border of CA and Mexico.

Why did they move him?

Brandon's custody level states that he should be on a Level 4/270 Yard rather than a Level 4/180 Yard. There is not a huge difference between the two - it is somewhat less restricted on the 270 Yard. According to prison officials, the state is mandating that inmates be moved to a yard matching their exact custody level to make room for additional inmates at the higher level. Centinela has space available in their Level 4/270 Yard so Brandon was sent there.

What does this mean for Brandon?

Distance - This prison is much further from many of his family and friends than Tehachapi was. For us, we will be driving well over 4 hours one-way rather than the 2 1/2 hours one-way required to get to Tehachapi. We'll probably plan to stay overnight near Imperial more often than not now.

Art - The biggest drawback so far is that Centinela has no hobby program. Brandon will no longer be able to have paint and canvas. He can order colored pencils but that is all. Not being able to express himself with the art supplies he's worked so hard to master will be a loss for him.

Heat - This facility is in the desert with the high temperatures that accompany the geography.

Shipping Out - Inmates are given short notice to pack their stuff and be ready for transport. Once they arrive at the new facility, they cannot receive contact visits for 3 weeks. They can however, be visited over the phone/through a glass partition. We are hoping Brandon at least got to enjoy the view on the trip. He has not seen the outside world for over 7 years (since the last time the prison moved him).

Christmas - We were planning to see Brandon in Tehachapi on Christmas Day but will drive to Imperial on Monday instead and visit him through the glass on Christmas (Tuesday). Brandon knows we'll find our way to him. He doesn't let us down and we don't let him down. We love him. That's all there is to it.

New Address - We have a new address for him so those who wish to write should drop us an email at freebh@brandonhein.com

The Appeal - All of the attorneys have agreed to file a joint brief on February 15, 2008 (coincidentally, just two days before Brandon's 31st birthday). As mentioned in our last posting , the attorneys are Erwin Chemerinsky for Jason Holland, Manny Abascal and Daniel Seltzer for Michah Holland, Tracy Dressner for Tony Miliotti, and William Genego for Brandon.

Our warmest wishes to all of you who have chosen to share this journey with us. We couldn't do it without your generous love and support. May 2008 be the year of freedom.

Love and Thanks,
Gene and Janice Hein

Status of Appeal 11/18/2007

noreply@blogger.com (Gene and Janice Hein) — Mon, 19 Nov 2007 02:54:00 +0000

Hello Everyone,
Many of you have asked what happens next with regards to Brandon's appeal. We have some information to share with you. New attorneys have come on board to represent Jason Holland and Micah Holland. Jason will be represented by Professor Erwin Chemerinsky, formerly of Duke Law School and now the new Dean of Law at the University of California Irvine. Attorneys Manny Abascal and Daniel Seltzer of Latham & Watkins have agreed to be counsel for Micah. Tony Miliotti will continue with his attorney, Tracy Dressner. Brandon will also continue with his attorney, William Genego. All briefs are scheduled to be filed with the 9th Circuit Court sometime in December or January.

To read more about the attorneys who have bio's posted online, visit the links below:

William Genego / Brandon Hein
http://www.lawyers.com/California/Santa-Monica/William-J.-Genego-265076-a.html?CMP=KNC-OSMXPV&site=729

Erwin Chemerinsky / Jason Holland
http://www.law.duke.edu/fac/chemerinsky/

Latham & Watkins / Micah Holland
http://www.lw.com/AboutLatham.aspx?page=About

Brandon continues to focus on his artwork and sends new paintings often. As soon as the new pieces are scanned, they will be added to The Box.

Happy Thanksgiving. We send you our love and good wishes. We are thankful for all of you.

Regards,
Gene and Janice

Just a reminder for those who post to the blog, if you are asking for Brandon's address so you can write to him, please email your request to freebh@brandonhein.com.

Status of Appeal 9/6

noreply@blogger.com (Gene and Janice Hein) — Fri, 07 Sep 2007 01:01:00 +0000

Hello Everyone,

We were notified a few days ago by Brandon's attorney that Brandon was granted his request for a Certificate of Appealability which means that the appeal will be allowed to go forward. Even though his last appeal and request for oral arguments were denied, we will be allowed to stay on this path to the 9th Circuit Court. This is good news! The judge had the option to deny us and had he done so, we would have been forced to petition the 9th Circuit Court separately which could have added many months to Brandon's wait for a decision at the next level.

Now we move forward, still holding our collective breath and praying for release. We saw Brandon last weekend. He's waiting anxiously for an order of art supplies (limited items are allowed by the prison from a prison-approved vendor) and the CA heat wave has made his cell seem even smaller than its 9x12 dimensions, especially since he shares it with another inmate. (Inmates have fans only, no air conditioning.) Still he's hanging in there and sends his love and appreciation to all of you.

Warmest Regards,
Gene and Janice Hein

Status of Appeal 8/11

noreply@blogger.com (Gene and Janice Hein) — Sat, 11 Aug 2007 19:49:00 +0000

We got the news yesterday from Brandon's attorney that the districted judge has also rejected our appeal. This was not a big surprise considering the most recent repsonse from the magistrate who rejected the case and denied our request for oral arguments (see our previous post).

Still we never want this kind of news. Yet, as we've said before, if they are going to rubber stamp the case we are at least glad for speeed in their doing so. It is much more cruel to have the case linger in the judge's hands for 2 1/2 years only to be denied when the decision is finally given.

Our next stop is the 9th Circuit Court. Brandon continues to focus his energy on his art. It's the only progress he has control over at the moment. If you haven't been to his online gallery for awhile, please do. Rooms have been added to show new work. Just go to the brandonhein.com home page and click on "The Box" icon at the bottom.

Thanks always for your support. Knowing you are with us is a great source of strength.

Warmest Regards,
Gene and Janice Hein

Status of Appeal 7/21/2007

noreply@blogger.com (Gene and Janice Hein) — Sat, 21 Jul 2007 18:55:00 +0000

Last week we got news from the court that the magistrate judge forwarded Brandon's appeal without granting our request for oral arguments and without making any revisions to his ruling. Not surprising based on our experiences with the justice system thus far, but disheartening nonetheless. At least he was quick about it.

The documents are now with the district judge whom many of you saw the day we appeared for the mistakenly scheduled oral arguments. He has the abiltiy to make changes before rubber stamping his magistrate's denial. Will he do so?

If he does not, then we will appeal to the 9th Circuit Court.

Please continue to keep Brandon in your hearts and your prayers.

Warmest Regards,
Gene and Janice Hein