Since “Young Kids, Hard Time” premiered last Sunday on MSNBC, I have received a number of inquiries about just where Paul Henry Gingerich’s appeal stands. Paul Henry’s attorney Monica Foster filed our initial notice of appeal in January 2010, but since then there has been little news to share.
The reason for this is that the Kosciusko Circuit Court that originally waived Paul Henry into adult court, extracted a plea, and imposed a 30-year sentence had been extremely slow to provide a complete record of its proceedings and all the information it had considered in making its rulings. Between January 26 and September 27, Monica was obliged to file four requests before the lower court finally complied with the appellate court’s consistent orders that the complete record be provided.
As important as this record is to Paul Henry’s appeal, it does not reveal the true story behind the killing of Philip Danner. Since we became involved in Paul Henry’s case, we have conducted the in-depth investigation that the police failed to do and we discovered the true facts behind this seemingly senseless crime which now makes all the sense in the world to us. The full story will be revealed here as Paul Henry’s appeal unfolds.
As yet the timing of his appeal is not exactly known. Monica’s brief is scheduled to be submitted to the appellate court at the beginning of next week, and several amicus briefs have already been filed. (An amicus brief is a legal argument provided by an amicus curiae who is someone, not a party to a case, who volunteers to offer information to assist a court in deciding a matter before it.) As these briefs are accepted by the court, they will be posted on the “Free Paul Henry Gingerich Discussion and Informational Forum” at http://justice4juveniles.com/index.php#8. Oral arguments before the appellate court will be scheduled thereafter, possibly as early as December but more likely in January.
Our position in the appeal is that it is unacceptable that Paul is being treated as an adult;12-year-olds are not adults, no matter how serious their offense may be. All we are seeking is a fair chance to present our case in a fair hearing before a fair judge, and to have been given adequate time to prepare. It is scandalous that Paul Henry’s original attorney was given only four days to prepare for his waiver hearing.
Paul is a good kid who made a serious mistake. He comes from a kind, loving, and supportive family. He has had no prior trouble with the law or in school. His behavior while incarcerated has been exemplary. He deserves a second chance.
And speaking of second chances… if you missed seeing “Young Kids, Hard Time,” you will have a second chance to see it tomorrow on MSNBC, Saturday, November 26 at 5pm Eastern, 4pm Central, and 2pm Pacific.
For more background information on Paul Henry’s case, please be sure to visit his website at http://www.paulhenrygingerichtrustfund.org/. If you are moved to help with some of the out-of-pocket expenses associated with his appeal, your tax-deductible contribution will be gratefully accepted through his website.
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