Fifty-Four

Friday, November 4, 2016 (continued)

Ceci

Sweet cowboy rescue story.

Jack

Thanks. Good way to end the week.

Went to Probation to begin his supervision. The judge suspended all fines, but nowadays there are mandatory fees tacked on by the State. So when we went to the window to begin our sweet probation term, my 19-year-old kid gets hit with a bill for over $3000 bucks in court fees. Justice Incorporated squeezes out every penny from the most at-risk among us, and when they can no longer pay, throws them in jail to squeeze out what's left of their life.

I'm sorry. It's Friday.

It was a very good outcome, compared to what we started with.

Anne's downloading your videos now.

Ceci

Did Ethan send more today?

Tell her to please check her email.

Jack

Anne says everything is cool. A-O-KAY!

Monday, November 7, 2016

Ceci

Right on.

Tuesday, November 8, 2016

Jack

Heading east to a distant county and a hostile courtroom to appear on one of the saddest and most unjust cases of my entire career

Ceci

I'm glad for them that they have you.

Sending out every police video from yesterday's list momentarily.

Jack

Thank you! We really appreciate all your work it's been excellent.

Looks like we may be back in Atlanta for more Nancy Grace next week.

14 years ago, in 2002, a young man in his late twenties was working as an alcohol counselor in a detention center for wayward girls. A 17-year-old girl was placed there who soon got in trouble for various things including telling her friends she was having sex with the alcohol counselor. There was a formal investigation which found no sex occurred, and that she made up the story. She was reprimanded, and had to apologize to the counselor.

Later, after she had been released from the lock-up, she lost custody of a child. Under pressure to get her child back, she again reported she had sex with the alcohol counselor while she was in the detention center. The counselor was charged with sex assault on a child, a mandatory life-sentence charge. The defense tried to find the girl's prior criminal history, but the DA said there was nothing relevant and the defense was just conducting a "fishing expedition". The Court blocked the disclosure of the girl's criminal history.

Facing a mandatory life sentence to prison, the counselor accepted an offer of probation, with a suspended life-sentence. About a year later, the girl approached the counselor, who living in poverty as a convicted sex offender. She admitted to him that she made up the charge.

You would think her admission would end the case. No, not even close. The man's family had to hire me and Cleo to attempt to undo his conviction. We first met with the girl. On tape, she repeated to us and our investigator, that she made up the entire case. Later, she signed a sworn affidavit stating that she made up the charge.

Again, these things were helpful but did not undo the conviction. In fact, when we filed them with the court, the DA's response was to file a complaint against the counselor stating that because he was now claiming he was innocent, that he was "in denial".  Therefore, he was too dangerous to be permitted to stay in the community on probation, and he should have his probation terminated and be sent to prison for life.

DA and police investigators then got to the girl. In short order she recanted again, now saying that her original allegation against him was true, and her taped and sworn statement that he was innocent was a lie.

However. Out of sheer administrative routine, when she had been in my office, we had her sign a records release form. Faced with her flip flop, we sent the release out to get her juvenile records. When her records showed up we found that she had a number of prior convictions including a conviction for falsely reporting a sex assault. And, we found that the DA who had convicted her of falsely reporting a sex assault, was the same DA who had used the girl to convict our client. The same DA who denied to the court that the girl had any relevant criminal history. That DA is now a judge.

Ceci

Holy S, what a world. I'm praying for that guy.

Jack

Loaded with evidence, we went to a hearing to undo the counselor's conviction. After months of litigation, the judge, a former prosecutor from the same county, found no error, and upheld the conviction. We appealed. Years passed. The appellate court agreed with us. We won. But the prosecution appealed to the Colorado Supreme court.

Years passed. On the record, both Cleo and the State's appellate lawyer agreed that the case needed to be remanded for additional findings before it could be decided. In spite of that, the Supreme Court decided to uphold the conviction, claiming our client had not been treated unjustly because he must have known the girl's criminal history since he worked in the detention center. All this despite his and his lawyer's testimony verifying they knew nothing of the crime for which she was convicted (juvy cases are sealed), much less that she was convicted for making up a rape charge.

Then, in a separate case, a Colorado appellate court decided that a prior conviction for falsely reporting a sex assault is not admissible unless the accuser has done it twice. No lie. That's the law.

Today, after more than 14 years, we returned to the trial court after losing at the State Supreme Court. Our client is now in his 40s. The remaining issue for the Court is how does our client serve out his sentence. Will he be sentenced to prison for life? Or will he be placed back on probation for life? If he gets probation, but maintains his innocence, he will be deemed a "denier." As a "denier" he is permitted 6 months to admit he is guilty. If he does not admit, he will be revoked from probation and sent to prison "for the remainder of his natural life".

We have helped him pull together a federal habeas corpus petition. In a month, he will file it himself in federal court. At that time, if things go as planned, the appellate office of the federal public defender will take over his case and try to work through the federal system. I have no idea how it will all turn out.

As an epilogue, years ago, I did a lecture for the Colorado Bar Association, and described this case. That lecture was videotaped and sent around the state. It always seems chilly when I return to this courthouse.

Jack

I'm in Court, talking with DA. Here's what it sounds like.

DA, "Blah blah PRISON blah blah blah PRISON blah PRISON..."

Well, everything is okay, for now. The Court set the case over until December. Till then, maybe you can show me how to pray.

[Note: That night, the 2016 national election was decided.]

Wednesday, November 9, 2016

Jack

Hey Ceci. This morning, that praying skill seems even more valuable.

Ceci

I'm at a loss. Feeling low.

Jack

Early morning appointment with my chiropractor. He was dressed in black.

I kind of want to puke, punch somebody, and sleep in my car

[⭐Vote⭐ for Democracy!]

Trigger Warning:

The next chapter contains another poem by Jack.

❤️ Ceci & Jack

Photo: "I Voted", taken and owned by the authors.