Appeal Update

So, the appellate process is very different than a trial. It is very slow and requires tremendous patience and calm. One thing I’ve learned is that deadlines are not really deadlines. Meaning, if something is due on a certain day, and you’re not done, you can always get a brand new deadline. I wish college and graduate school were like that. Many deadlines have come and pass and we have just now received the State’s response to our appellate points. These are points that question whether any of Judge Volland’s decisions strayed from the rules of the game. We are confident we have found examples that are pretty clear cut. But, we wait.

Now it is our turn to answer the State. Then comes oral arguments and the last part is the three-judge decision. This can take some time. We have patience and hope. There are some very strong appellate points.

With this process, the focus shifts specifically to the trial and nothing else. Any new evidence we have does not come in at this point. Any new witness or affidavit is not important here. The appellate process is strictly about the trial and errors of law within.

So, if you have followed what I’ve previously written, you can see why I can’t really comment on Judge Volland’s statements during the trial and sentencing. He is obviously a good man, but his sentencing speech was pretty interesting. I will state that he stated he had “a clear conscience” about his sentencing twice. The first time, it was for the people in the courtroom. I wonder if the second time was for him.

There is one last item I would like to touch on now. When I received the State’s response to our appeal, I noticed it was brought to us by Mr. Richard A. Svobodny. Mr. Svobodny is the Acting Attorney General for the State of Alaska. Mr. Svobodny also wrote an internal email to congratulate his colleges on October 22, 2007 after Mechele’s conviction. He states, “Exotic dancers across Alaska are shivering with fear with the conviction of Mechele Linehan.” This does shed some light on what this whole trial was all about. Notice he doesn’t say “Murderers across Alaska are shivering with fear…”
Hmmm.

Thank You All For Your Support

Hey All,

First off… Thanks for everyone’s support and encouragement. This post touches on the character issue and my gratitude to you all. The following post will deal with the appeal. Mechele especially appreciates all the support. She is in a very hard place. For those who know and love her, it touches us as well.

That is the point, of course…“those who know and love her”. There are so many who know Mechele and realize the “narrative” that the prosecution used was incongruent with who she is. Remember, we, as a legal team, decided to not make “character an issue” and never brought it up. Therefore we never had anyone, but me, testify for her. And I didn’t testify to her character. I mainly testified to rebut some of the State’s irrefutable smears. This part of our legal strategy assumed a Jury adherence to the specific instruction by the Judge to not take character into their assessment of guilt based on the evidence presented. The burden of proof lied with the State and not Mechele. She was innocent until proved guilty. This didn’t happen, per the jurors themselves, by their own words.

The evidence that was presented is another story. The forced circumstance to meet the prosecution’s narrative is something I would love to get into. That is really the “meat” of the issue. I, unfortunately, can’t. I have audio, documents, and affidavits that are quite damaging to the State’s narrative. Why not post them? When, by the grace of God, a new trial comes, our legal team will deliver. I have been “advised” that now is not the time. Roger Wilco.

The several dozen letters that were sent to the Judge for character support for sentencing purposes were dismissed by the Judge. He stated we were all “charmed” by Mechele. Dang... what a bunch of suckers we are. I would love to get into more of Judge Volland’s sentencing soliloquy. The “charmed” comment was one of many very strange proclamations by Judge Volland. I can’t get into that as I will explain in the “Appeal” post.

The truth of the matter is I am not a dupe or ignorant. I have heard Mechele’s history of events that transpired in the spring of 1996 when we first met. Funny thing is, it has never changed. Not once. The other thing is that her statements have always been consistent with me and the police. There is no contradiction. The issue here is that everyone who testified against Mechele had their inconsistent statements read back to them. Brett Riddell and Miss Aspiotis had their testimony shredded by Mr. Fitzgerald. It was interesting to watch Mr. Riddell contradict an audio interview he gave to the police. It was also enlightening to listen to Miss Aspiotis’s confusion when she was read her previous statements to police that contradicted her current testimony.

These people didn’t know Mechele per their own admission. Well what about Mechele’s sister? She is a piece of work. Her police interview in 1996, which she sought after, was completely different than her testimony that she gave at the Carlin trial and to the Grand Jury. Folks, this was to the point that she would have been destroyed by our attorneys and other witnesses. In case you didn’t know, Melissa didn’t testify in Mechele’s trial to save Mechele. She did it to save herself from humiliation and her skeletons in her closet.

Bottom line: I know Mechele as do her friends and family. We are appalled by the abuse of ethics from the prosecution and their disingenuous use of their power. I will give an email from the acting Attorney General of the State of Alaska that sums up our disgust in the next post. But, for now, thanks to the hundreds of people who have offered support and hope.

God Bless You

"Hope Note"

Here is a quick post on the “Hope Note” fallacy. This note was written by John Carlin III, and he told Mechele to write on it to throw Mr. Kent Leppink off of Mechele’s trail. This was because he was stalking her at the time, as is demonstrated by the discovery and evidence. Mr. Carlin and Mr. Leppink were both spotted in Hope after the letter was written and before the murder, at different times. This was testified to in the trial.

But here is the rub: In an email dated 4/27/1996, Mechele tells John Carlin III to tell Mr. Leppink the she “flew to barrow i will be back when ever”. She then goes on to tell Mr. Carlin that “if you see him tell him bret got hurt and i went to take care of the girls”. Bret is Bret Riddell, who, again, in the trial contradicted his previous statements. Mr. Riddell deserves an entire post all to himself, but I digress. Mechele was not in Alaska at the time she wrote this, and when she returned, Mr. Leppink had been murdered.

On 4/28/1996, Mechele, while still away from Alaska, writes to Mr. Carlin, “WELL, I HAVE TO SAY I AM WONDERING WHAT DID HE SAY WHEN YOU SAID I WAS 2 ½ HOURS AWAY”. Mr. Riddell testified that the flight to Barrow to Anchorage was 2.5 hours total transit time. So what does this say about the “Hope Note”? She was covering her tracks on the email? OK… but it is this very same email where she casually mentions that you can buy a citizenship is the Seychelles for ten million dollars.

So, what is it? This criminal mastermind was using the “Hope Note” to lure Mr. Leppink to his death and covering her tracks in an email with the statement to tell Mr. Leppink that she was in Barrow? Then what about the Seychelles reference? You can’t have both, although both references were used by the prosecution. In fact, both references were cited by some of the jurors. Apparently they didn’t pay too much attention to the evidence. I challenge anyone on the jury or on the prosecution team to answer this conundrum.

I am not holding my breath. This is the same jury where one member expressed that she was “surprised” that they took Mechele to prison after their verdict (head slap here).

Dateline, This Friday

From Sandy:

Just got a call from our friends at "Dateline." Mechele's show will be re-aired with updates this friday. Have gotten several emails and calls and wanted everyone to know..

Updates Soon

Thanks to everyone for all your comments and support and all the books sent to Mechele. A special thanks goes out to the lovely individual who sent her a whole box of books a couple months ago. She got them, but without any documentation, so she did not know who to send a thank you to.

Mechele's mom is in town, staying with her family, so she is hoping to get us some updates soon. As far as I know, we are still just waiting on a court date for the appeal, which could be pushed back as far as the fall.

Thanks everyone!

Television Journalism

So, here we go again. Tonight is Oxygen’s turn via their program “Snapped”, produced by Jupiter Entertainment. I think I have a pretty good understanding about how these cheesy tabloid shows operate now. My first introduction was with “48 Hours Mystery”, and with certain producers who didn’t put a huge value on honesty and integrity. This made me quite jaded towards television “journalism”. Check out the previous three posts to follow my thoughts. “Not for Nothing”, but here is a take on contemporary tabloid journalism.
These productions that are broadcast, concerning my wife, are intended to produce ratings. The narrative that the prosecution pushed is awesome. Sex, lies, and videotape. Give me more. I’ll watch that. That is the bottom line. Give me a “True Hollywood Story”, and I am entertained. That was why the stolen picture of Mechele raised no concerns to the State or the CBS producers. They both get what they want. The prosecution gets to reinforce their “stripper” depiction and CBS gets to show some skin.
It is interesting to me, again, that Mechele’s previous occupation was so important to the prosecution and media narrative. The prosecution’s strategy was evident in retrospect when a juror commented how Mechele's past “profession” indicated that she was “manipulative”. A “profession” that lasted 1.5 years. As for the media, we know that sex sells. Shoot, the Alaska Daily News even referred to the case as the “Stripper Saga”. But you know what was missing? No mention or references to the fact that the men involved in this particular story were strip club “regulars”.
A “regular” refers to a patron, or client, of a strip club who comes in on a regular basis. I don’t know about you, but to me this is far more depraved then actually stripping. The stripper is making money and her clients know the score the minute they walk into the door. They are providing a service for the clients that the clients demand. However, if you go to a club all the time to pay for lap dancea, I would argue that it is you that has a problem, and not the dancer.
That is, of course, unless you feel men are helpless, mindless testicles running around with no control over their behavior. If you believe that is the case, I think you underestimate men and even “degrade” them. However, that was the prosecution’s narrative. They would have you believe Mechele was a 22 year-old “puppeteer” with magical control over men who were mindless servants. In other words, a fictional character. Maybe even from a movie?
Unfortunately, nuance exists. Please read my previous post that entails communication with the Jupiter Entertainment producers to get a feel for how nuance is ignored in favor of ratings. I redacted all names.

Thank you all for your support.
You give me and my daughter hope.


Colin Linehan

"Oxygen: Snapped" Fun Happy Time Emails

All the producers’ names have been redacted because I still try to retain honor: I also redacted anyone who I did not contact. That is the way I roll. The first email/letter was an open letter to Jupiter Entertainment after I found out they were airing their episode. Of course, I had to find out from a secondary source. Even after I asked Jupiter to contact me so I could prevent my daughter from channel surfing that night, I heard nothing. The second message is to my mother-in-law. The third email is my response to the message from my mother-in-law. Confused? Me too.

“And Here We Go…”

I. OPEN LETTER TO JUPITER ENTERTAINMENT:
(From me and myself…. And also I.)

Ms.XXXXXX,
Post-Producer

As you are well aware, I have had multiple conversations with two of your fellow Jupiter Entertainment producers regarding the case, State of Alaska vs. Mechele Linehan. Ms. XXXXX contacted me while she was doing field research for your episode of “Snapped” that was to feature Mechele. Ms. XXXXX was invited into my home so I could show her documents and audio that are not congruent with the previous media narrative and coverage. The narrative, of course, is determined by the State of Alaska investigators and prosecutors because of the verdict. Therefore, data that shows the individuals, working on behalf of the people of Alaska, were dishonest and manipulative of the media is excluded from most narratives.
I decided to share much of this with Ms. XXXXX I have also had email and phone correspondence with Ms. XXXXX, who is your series producer. I also had a very brief correspondence with you. Through that correspondence, although brief, I gave you the opportunity to meet with me prior to your work on your part of the production of the episode. The correspondence was cut short, on your end, secondary to lack of email and phone reply. These claims are documented. This letter’s intent is to clarify some areas in the previous media narratives about Mechele that are false.
This is necessary because of Jupiter Entertainment’s decision not to fact check statements that might have been made by other individuals about Mechele. So, if the narration or promotion of your episode makes statements that are false, you will be aware that you are slandering my wife and my daughter’s mother. I realize it is difficult to slander a convicted murderer. However, our anticipation of a successful appeal and subsequent retrial will potentially make organizations that neglect to fact check responsible for the damage to my family.
It has already been brought to my attention that you have already neglected the truth to sell your program. In your promotion for your episode, you state that Mechele was secretly engaged to Scott Hilke at the time of the crime. This is demonstrably false via depositions, testimony and affidavit. I will, therefore, mention other aspects of the media/prosecution narrative that are also false via depositions, testimony, and affidavit. This will give you foreknowledge of any potential slander. These examples are by no means the only false reports. I, however, do not have the time to list all the fallacies reported so, I will elucidate a few. This does not absolve any statements made by Jupiter Entertainment that were not fact checked.
It was reported that Mechele was “on the run” when first indicted. This is the opposite of truth because we were pleading with the prosecution for cooperation. The prosecution also let the press know that Mechele ran away from home at the age of 14 to become a dancer in New Jersey. Mechele was in Louisiana at age 14, and she went to New Jersey at age 17 and worked at a deli. This is verifiable and can be corroborated by multiple witnesses and affidavits. Other false information that was put out included that Mechele was engaged to three men at the same time. There is no evidence of this and, in fact, the evidence timeline during the trial shows this not to be the case at all.
The portrayal of Mechele by the media and prosecution was always consistent. The term “ex-stripper” was always there, as was “seduction”, “manipulation”, and “mastermind”. The portrayal was based on a paucity of evidence during a 3 month period, yet that portrayal defined who she was to the public. This portrayal was used by the local Alaska media to twist the facts presented during the trial. . For example, during the trial, the Prosecution presented the fact that Mechele uses her possessions to document equity when purchasing her motor home. That night, a “journalist” on television, that was in the courtroom that day, reported that Mechele was “trying to sell” her possessions for a “getaway” RV.
Another point of contention is when Detective Stogsdale and Detective DeHart state that Mechele is a sociopath. A sociopath is a term used to describe a person with anti-social personality disorder. This is a DSM-IV diagnosis based on empiric findings and criteria. Mechele meets none of the criteria, therefore, the term is pure pejorative. This was well demonstrated by Dr. Mark Mills testimony during Mechele’s sentencing hearing.
I understand that your duty as “post producer” is to make an episode that will generate viewers and advertising revenue. That is your job. But, I would also expect that you would be very concerned that any statements, broadcast by Jupiter Entertainment, would be fact-checked for veracity.
This is an open letter.

Sincerely,

Colin A. Linehan




II. Initial email to Sandy McWilliams (my beloved mother-in-law), from Jupiter Entertainment Producer:

XXXXX forwarded your message to me. I really hate that you are upset by what is on the Oxygen website. I am hoping I can address your concerns by, first, answering some of the specific questions you have.


As to the excerpt you viewed on Oxygen's website and the timeline of when Mechele met Kent Leppink and John Carlin, we referenced Mechele’s statement to Alaska State Troopers at her home on on May 5, 1996:

R: I’ve known Scott longer than I’ve known Kent.
I : oh okay
R: I was with Scott when I met Kent
I: oh okay
R: I think I had just, we had just started dating probably three months before my birthday. Right before I met Kent.
I: in ninety four?
R: yeah


and Mechele's statements to police on July 31st, 1996:
Q: Okay, where did you meet John Carlin?
A: Last summer


You also asked who all we interviewed, and here is the list: From the Defense: yourself, John Carlin III, XXXXX; From the police/prosecution: Linda Branchflower, Steve DeHart, Pat Gullufsen, Dallas Massie; journalists: XXXXX ; others: XXXXX.

If you have any question as to what any of these people had to say, please call or write and I will be glad to share that information with you. I simply cannot legally send out a copy of the show before it airs, but again, do not mind filling you in.


I also want to assure you that it is always our highest priority to produce accurate stories. This episode has been reviewed by four attorneys, who require that we back up all statements with public record. We also feel that, because we interviewed so many people, both sides are presented fairly. Below I have listed some (not all) sound bites from our show in support of Mechele. I hope they will put your mind at ease, and again, please feel free to call or write back if you have any further questions.

XXXXX
Series Producer, Snapped
Jupiter Entertainment
8923 Linksvue Drive
Knoxville, TN 37922


XXXXX (Journalist): I remember talking to a neighbor who was very, um, shocked and stunned and didn’t believe that Mechele could have had anything to do with this.


XXXXX (Attorney for John Carlin III): There was a lot of hearsay in this case, a lot of speculation in this case. A lot of stitching together of details with hypotheses.

XXXXX (Attorney for John Carlin IV): Mechele was convicted because she was a stripper they just figured she was a manipulative stripper, and that’s what they do.

Sandy McWilliams (Mother of Mechele Linehan): I think it’s really unfortunate what a young girl at nineteen did for a year and a half of her life be judged by that.
(regarding Kent's letter to his parents)


XXXXX (Attorney): It was a piece of hearsay. The person who said it wasn’t available to cross-examine.

XXXXX (Attorney for John Carlin IV): That’s a very odd letter. It’s a letter that suggests to some when you read it that he wanted to set people up.



III. My Unsolicited Response to the Inane (see above) Email Sent to Sandy:

Ms. XXXXX,

I don't like snark, but I find it hard not to be snarky about your email response to Sandy. It was, in my opinion, kind of ridiculous. How do the quotes from the investigation you provided back up any kind of claim that Mechele's engagement to Scott Hilke was "secret"? It is pulled out of thin air.

You decided to not interview any journalists who were actually present during the trial, and to include XXXXX is farcical. This individual dismissed our polite requests to not contact us at our home on multiple occasions and was NEVER present during the trial. The reporting on the trial had little to do with what was actually going on during the trial. I was present the entire time. Sandy knows the players, but she was only present for a small part of the trial. Point being, your claim of "both sides being presented fairly" is seemingly disingenuous.

I realize you have a show to sell and advertising revenue to generate. Please don't insult my family's intelligence, however. We never expected balance from your episode. We never expected anything but a superficial examination of the prosecutions case. I gave the benefit of the doubt to two of your producers, but when the post-production was about to begin, it was clear that Ms. Houston wasn't interested in attempts to challenge the prosecution's narrative.

Unfortunately, my mother-in-law trusted Ms. XXXXX and decided to participate. Unlike myself, she hasn't been burned before, and one has to experience it to know it. I am alluding to my experience with CBS.

Enclosed is a letter I sent via mail and email to your producers.
Please don't attempt to state that your show is fact-checked when you relied only on the prosecution. As many involved in this case can tell you, they have been very dishonest multiple times. My offer to fact-check was turned down.

Also... I would not be surprised if your decision to not discuss the movie, "The Last Seduction", was not suggested by the prosecution. They sure do not want to beat that horse anymore, as it is to their detriment. So, please don't pat yourself on the back for that. It obviously is a strong appellate point and should never have been used to portray Mechele during a trial.

Sincerely,
Colin Linehan