Tuesday, July 26, 2011

United States District Court, Southern District of California

In April, Edwin filed for Habeas Corpus in the Federal District Court of Southern Canlifornia.  The writ was accepted on 4/21.  Edwin received notification from the court dated on 4/26 stating that the writ was accepted, the Government was notified and "action" commenced as of 4/21.

July 15, Edwin had heard no word from the courts and according to Fed. Civ. R. 12, the Government would have had to respond to the writ by 6/20, so  I called the clerk of courts.  After having a brief conversation with the clerk, he confirmed that nothing has been done on the case since 5/11, when I paid the filing fee.

This means that the Government FAILED to meet the response deadline.  The Government also FAILED to assign an attorney and notify Edwin.

Now, armed with all this information I went searching the internet to find similiar cases where the Government FAILED to meet the required deadline.  I found none.  I found a ton of cases where, on appeal, the defense filed a response out of time--but never the Government.   So I was unable to find out what type of relief is available in this type of situation, since I'm sure it's not unique.

I sent out a motion to vacate the sentence and demand Edwin's immediate release because this is a pattern with the Government.  It was recieved by  the courts yesterday.  Throughout this entire ordeal, the Government has delayed proceedings repeatedly and ignored, when brought to their attention, that Edwin's Constitutional Rights were violated. 

Is this the final nail in the coffin for the Government case?  Will Paul and Stacey Skovranko finally get what they deserve for their roles in this wrongful conviction?  We shall see.

What I do know is that this doesn't look good for the Governments case.

In the motion, which follows the 30 page brief submitted with the writ, shows all the lies told by HS, Paul and Stacey Skovranko, Special Agent Eric Muelenberg (NCIS),  and Randi Hesters' statement to NCIS in June 2004 where she told agents that Stacey Skovranko told HS to blame Edwin for this alleged crime. 

The brief also has the excerpt from HS's medical record that shows Paul Skvoranko took HS to the hospital 7 months prior to HS being TOLD it was Edwin who commited this crime and the attending nurse believed Paul, not Edwin was abusing HS.  The hospital conducted a sexual assault and domestic violence screen on Paul and HS while there.  The results of the screen are not known, but the medical record clearly shows that it was done.

We now have to wait for the courts to make their decision.  Once brought to the attention of a Federal Court, who follow the Supreme Courts rulings-this can not go ignored.