Tuesday, July 28, 2009

They did it again...

On June 30th Edwin's appeal and petition for a new trial was denied by the court. Mike, the attorney, re-filed the paperwork again and on July 27th it was denied again. I read the judges statements and one judge, Maksym said:

"As a matter of moral consience I can not affirm the sodomy conviction below. Reasonable minds can differ in determining whether or not the government has satisfied it's burden of proof based upon the facts as placed before us. My marked reservations are, in the main, prompted by the significant delay- opaqualy portrayed in the record of the nearly 3 year interregunum between the first statement by the minor ALLEGED victim and the trial ON MERITS. These massive delays shroud the entire proceedings with the specter of reasonable doubt."

A nice play on words from Judge Maksym. He states he can't confirm the oral sodomy charge because the government FAILED to satisfy it's burden of proof. He admited there was a 3 year delay from the first report (which was June 3rd 2004 to NCIS and the trial was August 21, 2007), He said the ALLEGED victim, I thought Edwin was convicted....wouldn't that mean she is no longer an "alleged victim" and an actual victim????? The last was the trial ON MERITS-meaning there is NO PROOF of the crime.

Hell, the man even said that the massive delays shroud the proceedings with reasonable doubt.

Now are they going to fix this mistake? Nope. Instead they denied the motion to reconsider all the evidence. Did I expect anything but that to happen? Nope.

Judge Maksym even stated that he thought the child was improperly influenced over the long time span by her parents, she was inconsistent and unreliable in her statments (blaming the ex wife as being a witness then recanting, being "confused" as to where alleged incident actaully took place, etc).

Why then is Edwin still in Leavenworth for the next 19 yrs? Because these assholes think they are god. Plain and simple. They could give to shits less about anyone other than their paychecks (which by the way comes from taxpayers pockets) and if they are so fucking educated, they why, after stating all these things, do they not fix it?


The military doesn't want a slap in the face, no one wants to admit to agent misconduct (NCIS), fraud on the court (GOVERNMENT) and ineffective assistance of counsel (DEFENSE), yet they all want a paycheck.

Well after reading his statement, I now know why people hate the government and the military in particular.

Don't get me wrong, I support our troops, but I don't like the people they work for.

1 comment:

Missing our son said...

I am in shock!!! I truly am. I cannot believe this happened. Here is a suggestion.
1st: Can you send a copy of the written denial certified to every representative of your state?
2nd: Can you send one to
Address: Robert M Gates, Dept. of Defense
1400 Defense Pentagon
Washington DC 20301-1400

and every official? The link to all the Top leaders is:
3: Can you get any media attention?

I'd be happy to sign and promote a petition with you. This is such an injustice!!

I am just appalled, no other words can describe it!