Email Update - 121207:

Habeas Petition Denied

December 12, 2007

Hi Everyone,

I just want to report that a federal judge in Boston, MA yesterday (Tuesday, December, 11, 2007) denied Michael's habeas petition from the bench. Michael's appellate lawyer did a very good job, and even the Judge noted that Michael's case was well-argued. However, the Judge felt his hands were tied given the legal standard, and ultimately did not even hear argument from the Commonwealth's attorney.  The judge suggested he was very sympathetic, and that if the issue was before him as the trial judge he may have sided with Michael, but that the question on a habeas isn't whether this is a logical decision or the decision that he would have made -- but whether the SJC's decision was "objectively unreasonable."  The judge agreed with the SJC's statement that this is a close case, but couldn't say that the SJC's decision was objectively unreasonable, and so the petition must be denied.  Michael's appellate lawyer will be filing a notice of appeal, so that an appeal can be heard by the First Circuit Court of Appeals This is terribly disappointing for all of us, but we will continue fighting for Michael's freedom until he is exonerated for his wrongful conviction.

Best regards,

Dick