Muscatine

The prosecution's reason for not providing this information to us earlier was because he didn't feel that it was significant to the case. Which like I said we are appealing the trial judges decision and with this evidence in our brief I just hope that the court sees it our way. That is not the only thing we are appealing in this case but it is one of our major points. The trial judge said these guys including my husband could stay out of jail while awaiting the appeal that was in December, and then in March of last year we where told she changed her mind and they needed to report to the prison. My husband has been in Duluth, MN for the last year waiting to find out what is going to happen to his life.

I have been told over and over that there is nothing we can do. We have paid over $200,000 for an attorney to never return phone calls, and to just tell us for more money he can re-appeal this case again if we lose. I just don't know what else we can do or if we can do anything more than that.

I called the federal court myself to ask them why it has taken so long to hear anything. I did some research online and the average was 3 months for a decision and we still haven't heard anything. The clerk there said that with 1 defendant that is the average, however there are several defendants and it could take up to 6 months and that we should hear something by April. One of the guys asked a criminal attorney at the prison about this and he said that if we haven't had a bad answer now and should expect to hear somthing by April then the judges are most likely writing their letter of disagreement to the trial judge and we will know soon. I sure hope that he is right. I just don't know how much longer I can take this.

If there is anything that I can do I would love to know. Please feel free to email me away from here at guitar-art@machlink.com

Thanks so much for your advice.

Ok, I confess this thread fascinates me.

Aussielee..First I am sorry your loved one is incarcerated and away from his family. Please believe me when I say that. There is a "but" comming. Did he take a plea or was he convicted by a jury? Either way he was found or admitted guilt. Why is that a problem? A jury does not take its duty lightlly and if he took a plea, why the hand wringing and gnashing of teeth after he took one. Why would you rely on the advice of a "criminal attorney at the prison" for advice? Is he(the atty) an inmate or is he one of those students that provide free advice. Remember you get what you pay for. He/she may be right but I would be wary of depending on free legal advice.  I dont want to be mean but it looks to me you are doing all that can be done short of breaking him out of the joint. Not a good idea BTW. Stand by him, write lots of letters, send pics, send money for commisary and phone cards and be there when he gets out. Prayer works also. Remember that the answer to prayers is sometimes no.

NOW I will go bact to lurk mode 

He did not take a plea and yes a jury found him guilty but only because the instruction that was given to them made it imposable to not find them guilty. I know that if I was on the jury and was given the instructions they got I would have had no choice in the matter but to say they where guilty. That is also another part of our appeal.

Oh and I will talk any advice free or paid for. Like I said we have already spent $200,000 on an attorney for this whole thing. So I will talk whatever I can get.