6/15/04: There are some important developments we want to share in this update.
We are awaiting the Evidentiary Hearing, scheduled for the week of 23 August 2004. We are feeling the pressure, yet persevering.
The hearing will be held before Judge Alan Lawson, not a jury. The objective of this hearing is to overturn the conviction. We are limited as to what issues we can argue, which makes its scope much more narrow than a trial. As of this writing, we have the following experts:
• Prof. Joe W. DuRocher, JD (Professor
of law, former chief Public Defender,
Thomas Miller is a juror from our trial who has recently asserted that, in light of the new evidence, he believes the verdict should have been Not Guilty. His testimony will not be part of evidence to be considered by Judge Lawson, but will only be proffered to preserve the issue should an appeal be necessary.
Note: We may add a forensic pathologist, a neuropathologist, and a pediatric pharmacologist if funds, time, and circumstances permit.
The issues we will be arguing are the vaccine, iatrogeny, prosecutorial misconduct, and the autopsy mistakes. Other issues could arise depending on the direct examination of each witness.
Alan will be transferred to the Orange County Jail sometime before the hearing. Security issues prevent us from knowing exactly when. His mail will be forwarded and a notice sent out via email and posted on the website with his new address as soon as we know it.
In addition to the expert witnesses, many
supporters and others will be flying into
Orlando to attend the hearing. Susan E. Kreider,
RN, CPC, our Chief Nurse Coordinator has an
opportunity for very affordable lodging via
time-share condominiums she has secured. Interested
parties should contact her at:
Unfortunately our lead attorney, Loren Rhoton, has had a very serious and profoundly tragic personal challenge beyond his control, which will prevent him from continuing his representation in the appeal. He will still serve as an advisor, however, and our 2nd chair attorney, Mary Fitzgibbons will be assuming the 1st chair position forthwith. Ms Fitzgibbons is a former Orange County (Orlando) prosecutor now in private practice with her own firm in the Orlando area.
The State has contracted an expert named John Tilelli, MD to testify on their behalf. He is the only doctor they will present who did not testify at the original trial.
Funding needs are critical. We are encouraging people to help raise monies by appealing to their personal circle of influence. If you have donated, know that you are appreciated beyond words. Please consider, if you haven't, sending a note to folks in your e-address book, with a concise review of the situation and a request for help. See below, "Why reversing this conviction will help many people" for "suggested" ideas to include. If you are interested in fundraising ideas or have any of your own, please contact Alan Yurko.
Thank you for your continued support!
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(Why reversing this conviction will help many people)
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