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Enduring, is the simplest word to describe the status of the man fighting from the inside. Progressing, is the word best suited to explain the progress through the Michigan State Court System. Faithful & Steadfast best describes those holding down the fight on the outside, advocating upon my behalf, while maintaining their own daily work and family duties, as well!
I believe that both the Criminal Appeal and Parole Appeal are currently before the Michigan Supreme Court awaiting their decision(s). It is mandatory for the State Courts to be allowed their chance to hear the issues before filing into the Federal Court System. The Criminal Brief has several very strong issues which should compel the State Court to rule in our favor due, in part, to the Federal Court(s) just favorably deciding the exact same issues in other cases. My Attorney, Stuart G. Friedman, has agreed to amend the brief with these current precedent cases. The Parole Appeal is an animal of a different breed. The only real issue to be determined is whether or not the Parole Board abused its discretion. This is deduced from a threshold referred to, by the courts as, "perversity of will." It's nearly impossible to prove "perversity of will" where subjective criteria is being used, especially when the court is the tryer of fact determining what will trigger the legal standard. However, one of the elements in my case was the adaptation of incorrect or false information that was used to deny me parole. Certain individuals who were members of the parole board at the time of my hearing are aware of this and agreed that this information should have been changed in the computer. Attorney Stuart Friedman (my attorney of record) has also agreed to file/critique the Parole Appeal into the Michigan Supreme Court, Pro-Bono. He can be reached at Stu@CrimApp.com or 734-662-4070. His Fax number is 734-665-7363. NCFM member, Greg Singer, can comment: 212-489- 0761. In the final analysis, the result of granting leave to any of my issues in state court(s) would bring down paragon opprobrium, of political fury, onto the heads of some state judges. This means that the bottom line is my case will most likely be decided in the Federal Court(s). I expect that the Prosecution will appeal any positive action my issues are granted. It will end in the 6th Circuit Court of Appeals, in our favor, I believe! The U.S. Supreme Court only hears about 2% of the cases brought before it. Thus, the chances of the prosecution being heard, should we be granted positive action through that course, is next to non-existent. I and those closest to the case have fought this good fight just as far as we can go it on our own! This is the stage of the contest where the going gets toughest. Therefore, it will be decided in our favor only "if"... we can raise the funds necessary to pay the fees required for Federal Court Filings. This is also the stage of the contest that the state most often wins through default of the defendant/petitioner not being able to continue due to lack of funding! I call on those of you who are able to assist in distributing the fund raising flyer to as many people as possible. The fund raising flying for William Hetheringon can be downloaded at: http://www.ncfm.org/wil.htm. Or, just make a request by writing to NCFM, PO Box 129, Manhasset, NY 11030. |