Showing posts with label appeal. Show all posts
Showing posts with label appeal. Show all posts

Friday, January 2, 2009

Appeal News

Hello All,

There haven't been many postings here because there hasn't been any news to really report. However, we do have some exciting news that happened shortly before Christmas.

The appeal has officially been filed.

Now the prosecution has a minimum of 30 days to reply. (They may ask for an extension.) After that, the defense has 30 days to reply. After that, it goes before the judge. Then he can take some time to decide. I believe it was 3 months to a year??? However, it could be quicker.

Please keep Mechele and her family in your prayers as this crucial part of the process progresses.

Sunday, September 7, 2008

Seems silent, things are happening

Hey all,

Sorry for the slow news days lately. I just want everyone out there to know, we greatly appreciate all your support, including all the comments, letters, books and donations. You are showing everyone that there is so much good in the world and that there are honest, decent, thinking people who are interested in true justice. Thank you. Family and friends and lawyers for Mechele are all working behind the scenes right now to get justice as quickly as possible.

One of the things we've been doing is a lot of research into who might be able to help Mechele at this point. It can get tricky as far as posting what is going on, because not only are things still in the works, but as we await appeal we want to make sure we don't do anything that could interfere with a great result.

The appeal is the first order of business, and if all goes well there, that will be the end of this already-too-long road. So, the best thing to do right now is to send all your prayers and good thoughts and good words out into the world for a speedy and just appeal to free Mechele.

It is also extremely important to let Mechele know we are behind her and are thinking of her daily. Keeping her spirits up is going to make a big difference in how she fares throughout this ordeal. (So far she is doing well enough, but there are certainly enough difficulties for her and some dark moments.) If you would like to send her your words of encouragement, feel free to post them here (and I will send them along) or you can send them to her at Hiland. If you are interested in other ways to help, please refer to the sidebar of this blog. Thank you SO much!

Thanks everyone, and keep the faith!

Monday, June 16, 2008

Appeal Update

The defense attorneys have all the transcripts from the previous trial in for the appeal. One step is done!

To see more on the appeal timeline, go here.

Monday, June 2, 2008

Appeal Timeline

This appeal timeline just came in from Mechele's mom, Sandy. It gives us a much better idea of what we will be dealing with as far as progress in the next year or so.

  • Mid-June 2008 Defense attorneys have to have all transcripts, evidence, etc from previous trial.
  • Early July-Meeting with three judge panel and all attorneys.
  • August 1-Defense attorneys will turn in appeal
  • Oct 15-Deadline for prosecution attorney to respond.
  • Mid Nov-defense deadline to respond to prosecution' s response.
  • Early Dec (no later than Jan)-Oral arguments will begin.

Also from Sandy:
"This process can take up to twelve months meaning that we will have an answer no later than Jan. 2010. These are "worse case senarios," meaning this is the maximum time it will take. From what I understand once a new trial has been approved things begin to happen quickly.

"We are extremely impressed with the firm handling her case. Keep in mind that this will not be the firm representing her at the new trial. They only handle the appeal case. Kevin Fitzgerald will co-counsel with new attorneys, not yet chosen. All of this is frustrating at best, but it is the hand we have been dealt and we just have to play it as best we can."

Sunday, May 4, 2008

38 Points is Quite a Few

I talked to Mechele today, and she is keeping her spirits up. I had been curious about the appeal. When I first heard "38 points" I thought, "Wow, that's a lot." Then I thought, "Well, I don't know how many points appeals usually have." So, I asked Mechele today if 38 is a lot, and she confirmed that indeed it is. Sometimes people appeal on just 1 or 2. So, again, I just have to say: 38!

Thursday, May 1, 2008

Appeal News: 38 Points

The latest news on Mechele's appeal can be found on ADN.com here. We are happy to report that she has some highly respected lawyers, Jeff Feldman and Susan Orlansky, on the case. I know that Mechele and her family also have great respect and gratitude for her trial lawyers. From ADN, "Linehan's attorney during the trial, Kevin Fitzgerald, is still on the case. He recommended Feldman and Orlansky for the appeal, according to Linehan's husband, Dr. Colin Linehan. It is standard for a different lawyer to take up an appeal because it brings fresh eyes to the case, Feldman said of why Fitzgerald wasn't handling it."

The appeal, which was filed last week, includes THIRTY-EIGHT (38) reasons Mechele did not get a fair hearing. THIRTY-EIGHT. For the whole story, go to ADN. They also have a .pdf of the statement of points on appeal.

We are currently working on Free Mechele T-shirts and other merchandise, the proceeds from which will be donated to her family's fund to help with legal and travel expenses. I can see the possibility for using the number 38 in some of them now.

One thing I do want to specifically point out is the time frame for the appeal process, as I'm sure many will be interested (myself included). According to the article, "The case will likely be heard by the Court of Appeals in the late fall or early 2009, Feldman said. Decisions typically are made six to 12 months later."

Based on that, we are looking at spring 2009 as the earliest possible date for some good news. Please continue to keep Mechele and her family in your thoughts and prayers as this process unfolds.