Sunday, June 21, 2009

Update

Ok, here's just a follow up to other information.

The article 73 petition was accepted by the courts, and the brief was filed with the court on June 4th. I just received a conformation e-mail Thursday from the military attorney who stated that "the court has tasked the government to provide a response by July 6". Meaning-I'll know if the government is going to support or deny the petition for a new trial that day. Now I'll have 10 business days to file my response then the court can take as long as they want to act (either get this into a new trial or deny it).

In order to file the article 73 petition, I had to show 3 things.

1. Fraud on the court (which I have supplied the documentation of the father lying about taking his child to the hospital, the mother told the child to blame Edwin, NCIS Special Agents fabricated a confession to match what he thought really happened, etc.)

2. This information would have been found had if the defense or prosecution had bothered to do their jobs

3. All the evidence was discovered AFTER the trial.

I have met all their requirements, now I expect the court to do their job. Once the court decides to take this case to a new trial, they only have 120 days to get him into a new trial or they will be forced to release him. The court has to remand the case back to the convening authority, for action.

We'll see what happens.

1 comment:

Missing our son said...

I'm SO glad to hear you are getting SOMEWHERE!!!! I read Edwin's name, time convicted for and time served at our Freedom March here in PA. We are now fighting for Mike's being sent 5 1/2 hours away from us! What a life we now live!!! Please keep us updated Angela and our prayers are with you!!!

God Bless,
MaryAnn
PA