27
Sep
11

buck up

This day and date mark the shameful denial of justice to at least two kids in America: Jordan Brown and Paul Henry Gingerich. These are just two kids I know of—two of the six kids I’m currently serving (a third of my case load!)—yet how many other kids like them are similarly having their rights abused?

Today is the date that Jordan Brown’s long-awaited trial in juvenile court was to have commenced. But his trial date has been delayed—and why? Because the media want to deny Jordan his right as a juvenile to have his case heard in a closed courtroom.

Yesterday the Pittsburgh Tribune-Review, Pittsburgh Post-Gazette and New Castle News filed appeals with the Pennsylvania Superior Court asking that Lawrence County Judge John Hodge’s order be reversed that Jordan’s trial proceed on schedule and, like all juvenile proceedings, be closed to the public and media.

The Superior Court ordered that Jordan’s trial be delayed and gave media lawyers 62 days to submit other documents before the court assigns a three-judge panel to hear the request. How long this delay will ultimately be is anyone’s guess.

Lawyers for these three newspapers are using all kinds of high-sounding justifications in their arguments that the proceedings should be open. “It’s a case of great significance on the questions of criminal and juvenile justice in the Commonwealth,” Frederick Frank, the Post-Gazette’s attorney told The Associated Press. James Manolis, attorney for the New Castle News, said “There’s always going to be the question: ‘Then how did it happen?’ If Jordan Brown did not do it, then we apparently still have a killer in our midst, and we ought to know that.” Ronald Barber, attorney for the Tribune-Review said, regarding the boy’s privacy, “That horse has left the barn.”

But remember: these are the same people and institutions that opened the barn door in the first place. Jordan was 11 years old at the time he was wrongfully accused of the double homicide. The release of his mug shot photograph to the media by a jail employee was unauthorized and, in fact, was released in defiance of a direct order by the jail’s superintendent that the photo was to have been kept confidential to protect the privacy of a child. These same newspapers splashed Jordan’s mug shot all over their front pages, sensationalized the crime, and uncritically reported everything the now-discredited Lawrence County PA district attorney John Bongivengo alleged about the crime.

“More than anything,” a top producer at ABC News told me, “it was the release and distribution of that photo that created the public perception of Jordan’s guilt.” These three newspapers were at the center of events that secured a lynch-mob conviction of Jordan in the court of public opinion.

I have personally informed reporters from the Post-Gazette and the Tribune-Review (the New Castle News has never returned my calls) that the physical evidence suggests a handgun was the murder weapon, not a shotgun; yet these newspapers have failed to report this information and, in fact, continue to report that a shotgun was the murder weapon (without even so much as an “alleged” as a modifier).

It is my opinion that these papers don’t give a damn about the truth or any high-minded public interests; they want the court proceedings opened so the spectacle they created can continue. There’s money in spectacle and none in justice.

They are prolonging Jordan’s wrongful incarceration and delaying his chance to prove his innocence. They are heaping more abuse upon the injustice they have already helped facilitate. It makes me sick.

The situation in Indiana is different in its particulars, but the net result of justice delayed is the same.

Since January, Paul Henry Gingerich has been attempting—without success—to get Judge Rex Reed’s and Judge Duane Huffer’s Kosciusko County Circuit Court to provide a true and complete court record so his appeal can proceed at the appellate level. Despite numerous filings on Paul Henry’s behalf and orders from the higher court to the lower court, the Kosciusko Cabal has failed to comply.

Paul Henry is constitutionally entitled to an appeal under US and Indiana law. A complete record is a requisite part of a fair appeal. There are good reasons to believe the court records provided by the Kosciusko Circuit Court may be incomplete. Several meritorious issues await resolution in the appeal, yet the Kosciusko Cabal is thwarting presentation of these issues at the appellate level by its willful contempt of orders from the higher court to produce a complete record.

Today Paul Henry’s lawyer Monica Foster is filing a “Verified Notice of Failure to Comply with Court Order and Fourth Motion for Writ in Aid of Appellate Jurisdiction,” in which the appellate court is being asked to reverse Paul Henry’s waiver order and conviction, and to remand his case for a new trial before a judge selected by the Indiana Supreme Court.

Today’s filing, though couched in precise legal language, is anything but dry reading. (I laughed out loud when I first read it.) It is an excellent example of what the work of a top-notch defense attorney looks like.

You can access the document at http://justice4juveniles.com/index.php?topic=488.msg1361#msg1361.

Buck up, my friends. Have faith. This day may mark a date when justice is delayed for Jordan and Paul Henry, but come what may (and corrupt judges, prosecutors, and journalists notwithstanding), justice will ultimately not be denied. 

۞

Groove of the Day 

Listen to Bonnie Raitt performing “I Will Not Be Denied”


22 Responses to “buck up”


  1. 1 steve morgan
    September 27, 2011 at 11:03 am

    sounds like wjoever thinks these boys needs to be put in prison for life, saying they are adults, blaming these 2 boys for a crime did not do needs to be smacked and thrown in prison themselves if they are adults saying they are adults and needs to go to jury, judge, prosecutor school or say diaper. lets get real here, those who do this to kids need to have heads examined and is child abusers. i cant stand this to go on. kids are created on earth to be happy, learn from right and wrong, so back off these kids you full of hatred people.

  2. 3 Stephanie
    September 27, 2011 at 11:03 am

    Heartbroken for Jordan but I do have faith the truth will set him free.

  3. 4 andy rea
    September 27, 2011 at 11:21 am

    You make me yearn, like the Tin Man for a heart Dan keep up the heat brother!

  4. 5 andy rea
    September 27, 2011 at 11:30 am

    I do not have the exact figures if front of me, however prisons receive much more money for children charged as adults, and put in as and adult. All the supposed social services come in at that point bingo more money and no thought for rehabilitation!

    cactuscowboy

  5. 6 Wolfgang
    September 27, 2011 at 12:08 pm

    I wish each TV station should pay 1000$ (or more) for each day delay they caused, It´s not the public interest in the first line it’s about money, money earned on the back of a kid! —disgusting!!!!

    • 7 Gloria
      September 27, 2011 at 2:50 pm

      Couldn’t agree more. And why do they have to wait until the last day to appeal, they knew it would be a closed trial once in juvenile. why they didn’t appeal before? They just waited until the last day. That makes me wonder what more or who is behind this? JUSTICE DELAYED IS JUSTICE DENIED. so shamefull!!!!!!

  6. 8 Georgia View
    September 27, 2011 at 2:14 pm

    Sharing a link to this on the sites of Post-Gazette, Tribune-Review, and New Castle News.

    Thank you for all that you do, Dan.

    God bless and protect you, and the kids who are being victimized by this very unjust system.

  7. 9 Georgia View
    September 27, 2011 at 2:34 pm

    (posted on their FB pages)

  8. 10 Gloria
    September 27, 2011 at 3:46 pm

    Bryan has mentioned this case in justice for juveniles and i went to check. This is what I found.

    Steven Crawford Wrongly convicted three times of murdering his 13 year old boy neighbor. Crawford was 14 at the time and he was convicted of 1st degree murder after each of three trials. Exonerated when new evidence was discovered that police knew alleged evidence at the crime scene didn’t implicate Crawford. Crawford was released on $1 bail in June 2002, and the prosecution dismissed the murder change a month later, in July 2002. On March 28, 2003, Crawford filed two civil rights lawsuits that named a number of defendants as being responsible for his wrongful imprisonment. He was represented by Johnnie Cochran’s law firm. On June 20, 2006, Crawford settled his lawsuit for an undisclosed amount of money.

    He spent 28 years imprisoned for a crime the police knew he didn’t commit. He was only 14 at that time. Is an old case, that proves LWOP for children has always happened in USA.

    http://www.google.es/url?sa=t&source=web&cd=2&ved=0CC8QFjAB&url=http%3A%2F%2Fforejustice.org%2Fdb%2FCrawford–Steven.html&ei=_DGCTuCoGubO0QXHmJzZAQ&usg=AFQjCNFueb3ev2Muesp69_Ax1BmePmrFgw

    I don’t know if you have heard about this case but is a very sad one too

    Lesley Stahl reports on the murder of a neo-Nazi leader and captures a growing subculture of hate playing out in America’s backyards and alongside the border – where neo-Nazis patrol in order to keep illegal immigrants out.

    His 10 year old is facing 15 years in prison. 15 years for a 10 year old!!!!!!!!

    http://www.cbsnews.com/video/watch/?id=7382011n

  9. 11 abram
    September 27, 2011 at 8:46 pm

    Considering how often and severely the U.S. constitution is respected on par with a piece of toilet paper I think they should take it out to a Halloween bonfire and throw it in. It ought to criminal to show total disregard for such a great document.

  10. 12 abram
    September 27, 2011 at 8:58 pm

    I further add that common law maybe should end for the ridiculous precedents which are being set and can be bought.

  11. 13 abram
    September 27, 2011 at 9:06 pm

    I wonder if those papers have something in common or did they all act independently?

  12. 14 Jeanne
    September 27, 2011 at 9:30 pm

    I cannot help but wonder if the prosecution is behind this delay. They have caused so many numerous delays, Where did the child’s right to a speedy trial go?

    While I am disappointed in the delay, I am not surprised by the media’s action. It was wrong of them to hold up his day in court. Jordan was eager for this day to come but I know he will be strong, For some strange reason, I feel this delay will benefit Jordan in the long run. I have faith in his innocence. I told Jordan that when he prays from his heart, he will learn that God never fails us.

    Keep up the good work Dan!!!

  13. 15 steve morgan
    September 28, 2011 at 9:41 am

    if someone was to get saya penny every day which i wont take for how long justice has been corrupted for juveniles like jordon, james, dominic, alex and list goes on, on they become rich. i surely would not take the money if it was like that. thing is the surely wanna keep kids in for 5 years to liife in prison, so the court house be rich gets money to keep them locked up in a cage being abused. thats what there doing to kids like jordon is abuse on future, being happy, getting love, his freedom, hus futre and great dreams just stripped away and become cheated. they sure wanna hurt kids more than any person harming kids in physical, sexual, and emotionally, mentally and spritually as well and cause them to be angry. sets me on fire how corrupted evil court judges, prosecutors, jury and others who has hatred for them. i have words for the way they treat our future leaders kids as they become adults. STUPID IS STUPID DOES. YOU CAN TAKE THAT TO THE BANK.. I WILL FIGHT FOR JORDON. NOW They best not let our juveniles get hurt. GUARDS U BEST NOT HARM THEM IN ANY WAY SHAPE OR FORM, OR U WILL ANSWER TO ME I WONT LET THIS STAND NO LONGER. I’m steve and i improve this message.

  14. 16 steve morgan
    September 28, 2011 at 9:49 am

    HOW DARE THEY ACCUSE AND CHARGE JORDON AND PAUL HENRY TO BE LOCKED UP FOR LONG LONG TIIME OR LIFE. SHOWS U HAOW EVIL HAS BEEN DONE, HARMING KIDS, HOW LOW JUSTICE IS AND WHOEVER IS RESPOSIBLE HARMING KIDS.

  15. 17 Gloria
    September 28, 2011 at 1:14 pm

    After decades of new laws to toughen sentencing for criminals, prosecutors have gained greater leverage to extract guilty pleas from defendants and reduce the number of cases that go to trial, often by using the threat of more serious charges with mandatory sentences or other harsher penalties.

    Some experts say the process has become coercive in many state and federal jurisdictions, forcing defendants to weigh their options based on the relative risks of facing a judge and jury rather than simple matters of guilt or innocence. In effect, prosecutors are giving defendants more reasons to avoid having their day in court.

    “We now have an incredible concentration of power in the hands of prosecutors,” said Richard E. Myers II, a former assistant United States attorney who is now an associate professor of law at the University of North Carolina. He said that so much influence now resides with prosecutors that “in the wrong hands, the criminal justice system can be held hostage.”

    Cases like Florida v. Shane Guthrie help explain why. After Mr. Guthrie, 24, was arrested here last year, accused of beating his girlfriend and threatening her with a knife, the prosecutor offered him a deal for two years in prison plus probation.

    Mr. Guthrie rejected that, and a later offer of five years, because he believed that he was not guilty, his lawyer said. But the prosecutor’s response was severe: he filed a more serious charge that would mean life imprisonment if Mr. Guthrie is convicted later this year.

    http://www.nytimes.com/2011/09/26/us/tough-sentences-help-prosecutors-push-for-plea-bargains.html?pagewanted=all

    This article remind me of what they are doing to James and Alex and what they did to Paul and Jordan.

    “Legislators want to make it easy for prosecutors to get the conviction without having to go to trial,” said Rachel Barkow, a professor of law at New York University who studies how prosecutors use their power. “And prosecutors who are starved for resources want to use that leverage. And so now everyone acts with the assumption that the case should end with a plea.”

    “When you have that attitude,” she said, “you penalize people who have the nerve to go to trial.” (more or less what they are doing with all this children)

    Prosecutors say they are giving defendants options and are merely charging them based on what is allowed under the law for those who turn down pleas.

  16. 18 Georgia
    September 28, 2011 at 2:32 pm

    Amen, Jeanne!! — “For some strange reason, I feel this delay will benefit Jordan in the long run. I have faith in his innocence. I told Jordan that when he prays from his heart, he will learn that God never fails us.”

    When news of this delay came, I posted something similar (on FB group, “Save Jordan Brown”):

    “TRIAL DELAYED. Perhaps this tortuous delay is God’s way of allowing ALL OF THE FACTS to come in BEFORE the court hears this case, to AVOID a terrible injustice from being made worse… Prayers for all who are on hold – the strength of Jesus Christ be with Jordan, and each one of you who love him and know the truth. May His power break the hearts of stone of those who know the truth but refuse to stand for it. Amen Lord, amen.”

  17. September 28, 2011 at 6:16 pm

    i would so much give my encouragingment to little jordon, poor guy hes been thru a nitemare as a kid and don not what so ever deserves this. no kid doses. why can’t the law believe jordon did not do the crime. whoever is is saying hes guilty has got to be the lowest disgusting creeps. talk about corruption,this is is. i was watching walker texas ranger and a episode on corrupted court, law, cops, even corrupted jury and judges. well its like that in real life. i wanna write to jordon, can u please give it to me on my e-mail not for all to see address incase some people wants to say crap to jordon, i wanna keep him safe as much. hes been abused by the justice ways. Poor Jordon got no justice at all. we talking about a innocent child no monstor, no charles manson creep. hes a kid that deserves to be out set free with his daddy. chosentoo2000@yahoo.com i tell u this good thing i was not in court room when they denied request to get him out of hell. i be thrown out and maybe arrested myself contempt of court. i stand up for justice to be done for many of all our juveniles. i have a big mouth i shall say when it comes to things like this. so try shutting me up good luck cause i wont JORDON I AM AND YOUR DAD AND MANY PEOPLE ON THIS SITE AND OTHERS ARE BEHIND YOU ALL THE WAY NOT TO MENTION PAUL, ALEX, BLAKE.

  18. September 28, 2011 at 6:25 pm

    THANKS STEPHANNIE, GLAD U AGREE WITH ME. I SURE LOVE TO TAKE WHOEVER IS SAYING JORDON IS GUILTY AND WANTS TO HARM HIM AND EVEN OTHERS AND NOT ALLOW THEM TO GET JUSTICE, INSTEEAD THE KIDS BEING SLAMMED LIKE TO SLAM THOSE WHO ARE PUTTING THEM AWAY THEY SURE HAVE SLAPPED JUSTICE, GOD, THESE KIDS IN FACE AND IS ABUSERS THEMSELVES. I DON’T LIKE ANYONE WHO HARMS KIDS THIS WAY. GOES TO COURT ROOM, JUDGES AND OTHERS WHO ARE AGAINST THESE KIDS. I SEE ADULTS GET FAIR TRIALS, AND MANY HAS WON CASE AND GETS FREE OR LESSER SENTENCE AND A APPEAL, THEN WHEN KIDS WANT THAT ITS LIKE THE HELL WITH THEM. THATS EXACTLY WHAT THE COURT IS DOING. U KNOW MONEY IS ROOT OF ALL EVIL. THIS IS A EVIL THING THATS GOING ON. ALL THEY CARE FOR IS MONEY, MONEY WELL POO ON MONEY WHEN IT COMES TO JORDON AND MANY OTHER JUVENILES. I FIGHT FOR THEIR RIGHTS.

  19. 21 Bailey Walbridge
    October 25, 2011 at 1:44 pm

    I think kids being raised up is just horrid. Kids are kids adults are adults. There should be a huge difference between the two. Prayers and thoughts are out to both of them.

    • October 26, 2011 at 7:53 pm

      THATS WHAT I DONT UNDERSTAND CHARGING KIDS AS ADULTS, THATS SO CORRUPTED MESSSED UP FOR SURE.OK CAN 10 12 15 YEAR OLD VOTE NO LEGALLY, CAN THEY GO GET BEER AT THAT AGE HOPE TO GOD THEY DONT DO THAT, BUT CAN THEY SAY IM ADULT AND GET BEER LEGALLY NO, CAN THEY GET MARRIED AND JOB AND SO ON LIKE ADULTS DO NO. SO WHY CALL THEM ADULTS WHY CHARGE CONVICT THEM AS ADULTS WHEN THERE KIDS. KIDS DO NEED TO BE TAUGHT RIGHT FROM WRONG AS A KID BEFORE ADULTHOOD AND EVEN BEFORE TEEN YEARS. JORDON IS NO ADULT, EITHER IS JAMES AND BLADE. WHOEVER STARTED THIS CRAP SAYING KIDS ARE ADULTS AND CHARGING KIDS AS ADULTS IN COURT TRIAL SHOULD HAVE HEAD EXAMINED AND PUT IN JAIL THEMSELVES. THEY LOST THIER MIND SAYING KIDS ARE ADULTS WHEN THERE NOT. KIDS ARE KIDS AND THATS SIMPLE AS THAT. HELLO!


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