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Kastelein of V.O.F. Expathos, in the Netherlands along with Chris Cook- CFUV radio journalist and Editor in Chief of Pacific Free Press. Cook is based in , Victoria, British Columbia.
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the slag-heap of lies, ignorance and witless diversion that has buried
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disseminating hard news and insightful, fact-based analysis of the
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The Paul Minor case has a special resonance here at Legal Schnauzer. And word comes today we have reached a landmark on the road to possible justice in a case that can only be described as gruesome.
Attorneys for Minor have filed an appeal in the Fifth Circuit Court of Appeals. We will look at some of the key issues on appeal in a moment. But first, a word about why this case matters so much to us--and why it should matter to all Americans.
Our blog, which recently passed its first birthday, has focused
primarily on three cases--two criminal prosecutions in federal court
(the Minor case in Mississippi and the Don Siegelman case in Alabama)
and one civil case in state court (my own legal travesty in Alabama).
The
three cases might not seem to have much in common at first glance. But
a common thread runs through them all: They all feature wrongdoing
driven by people who are in, or have unusual connections to, the Bush
Justice Department.
So what makes the Minor case special here in SchnauzerLand? Several things:
Until I heard about the Minor case and began researching the issues
involved in it, I did not fully understand how badly I had been cheated
in my own case. And I did not begin to understand how badly Don
Siegelman had been cheated in his case.
Because of the Minor
case, I became aware of, and developed a layman's understanding of,
honest-services mail fraud. And that criminal charge is central to all
three of our featured cases. In the Minor and Siegelman cases, the
charge was improperly applied to help produce convictions that are not
remotely grounded in law. In my case, real, honest-to-God
honest-service mail fraud is present in copious amounts--and the Bush
Justice Department ignores it because the wrongdoing involves "loyal
Bushie" Republicans. That's what our justice system has come to over
the past seven-plus years: Innocent people are convicted for political
reasons and guilty people are not even investigated for political
reasons. Praise be to Karl Rove.
The Minor case has a personal
element that illustrates the monstrous nature of some people connected
to the Bush Justice Department. Paul Minor's wife is dying of cancer,
but he has been held in federal prison pending appeal. Minor's
codefendants, former Mississippi state judges Wes Teel and John
Whitfield, have significant health issues of their own or in their
immediate families. And yet, they too are being held in federal prison
pending appeal. Now I can hear some folks calling me a "bleeding heart"
for suggesting that the Minor defendants should receive consideration
because of family health matters. And that certainly is part of my
argument. But when you study the transcript and the case law as I have,
you see that these gentlemen are innocent--and never should have been
prosecuted, much less imprisoned. That's what makes certain
Bushies--prosecutor Dunn Lampton and Judge Henry Wingate, in this
case--particularly monstrous.
Don Siegelman has been released
pending appeal, and that is a sign of hope for folks who care about
justice. But the plight of the Minor defendants should remind us: The
spirit of Josef Stalin still lives in George W. Bush's America. And to
think that Dubya never would have come close to winning the White House
without the "Christian" vote. Makes you wonder what's going on in our
churches.
What about the Minor appeal itself? Joe Doss, an
Episcopal Bishop and friend/supporter of Paul Minor and his
codefendants, issued a press release that definitely is worth reading
in its entirety--not only for the legal points it makes but for the
moral outrage it expresses:
Free America's Political Prisoners
For Immediate Release
June 20, 2008
Contact: Bishop Joe Doss
Bishop.Doss@gmail.com
Paul Minor Appeals Unjust Conviction
Minor seeks release on bond with wife's death imminent
Attorneys for Paul Minor have filed an appeal of his conviction with the Fifth Circuit Court of Appeals.
The brief outlines the following issues that warrant reversal of Mr. Minor's conviction:
The District Court committed reversible error when it did not properly
instruct the jury on the legal requirements for a bribery conviction,
thus permitting the jury to convict Mr. Minor for conduct that was
neither charged in the indictment nor considered bribery under federal
law.
The District Court committed reversible error when it
prevented Mr. Minor from presenting crucial, relevant evidence that
would have rebutted the charges. Specifically, Mr. Minor--charged for
attempting to bribe Judge Whitfield--was not allowed to show the jury
that he did not file his more significant cases in Judge Whitfield's
court.
The District court committed reversible error by not
dismissing bribery charges against Mr. Minor because the evidence did
not meet threshold of the federal bribery statute and the jury was
improperly instructed on this fact.
Statement of Bishop Joe Doss of Free America's Political Prisoners:
It
should be abhorrent to every American citizen that a man is forced to
remain in prison while--as his appeal brief so clearly shows--there are
glaring questions surrounding how this case was investigated,
prosecuted and tried.
Paul Minor carries the additional burden
of knowing that his wife is dying of cancer and has been given only a
short time to live. His unjust incarceration makes it very likely that
he will never see her again. Paul's release on bond pending appeal is
not only legally justified, but considering the imminent death of his
wife Sylvia, it is mandated if this process is to salvage a scintilla
of basic human decency.
It stands in direct contrast to
everything that this country professes to stand for that Paul Minor has
not been allowed to remain free on appeal while the prosecutor who
brought the bogus charges against him is himself currently under
investigation by the U.S. Congress and the Office of Professional
Responsibility at the Department of Justice.
The fact that the
prosecutor and his office are being investigated about the origins of
this prosecution raises more than enough doubt about the conviction to
warrant Paul Minor's immediate release pending a thorough hearing on
the legality of the prosecution and the ultimate hearing of Mr. Minor's
appeal before the fifth circuit court of appeals.
I completely agree with this blog and continue to pray that Mr. Minor will not only be released to be with with his family and wife, but also found not guilty of the bribery charges against him. I write this comment because Mr. Minor was my neighbour before hurricane Katrina destroyed his home, and he is an honorable man and a makes a very good lawyer, neighbour, and citizen.