Status Update: November 20, 2011

Hello Everyone,

Where have we been? It's been a long time since we've posted. Our last post had so much to say about how badly broken our courts and appeals systems are that it seemed to need its own time to speak. If you haven't read it, please do.

What now? Even though Brandon's last appeal was denied, we are still here quietly fighting hard for his release. We love Brandon and we will never give up. When we have anything we can share with you, we will. Until then, your emails and letters of support are more help than you can know.

How is Brandon? He's okay. He paints, he reads, he exercises. He tries to stay strong in the face of all the setbacks and disappointments. He is grateful for the love of family and friends to see him through each day that passes.

Thank you and warmest regards,
Gene and Janice Hein


Reminder: If you would like a personal reply from us please write to freebh@brandonhein.com.

Reflections, May 2011

Remorse:
The issue of remorse is a defendant's biggest no-win. A defendant who didn't do what they're accused of doing is in a double bind. Attorneys tell their clients not to contact the victim's families, fearing that what they say to them will be twisted and turned against them. In addition, expressing remorse in a court of law is the same as admitting guilt. The judge will punish them at sentencing for not showing remorse, which the defendants can't show because they didn't commit the crime. The victim's family will punish the accused, first for delaying contact with them until allowed by their legal representation and second, for expressing sorrow for their loss, rather than remorse for causing the death of their loved one.

Tony Miliotti:
Tony Miliotti was one of the teenagers there 16 years ago during the drunken brawl that ended the young life of Jimmy Farris. He was a quiet, artistic kid and all that could be said of him during what seemed like an endless trial, was that he was standing in the doorway when the fight broke out. Trusting the justice system to do the right thing, he turned himself in on his 18th birthday when there wasn't even a warrant for his arrest. Tony was given a sentence reduction in a subsequent appeal that enabled him to come up for a parole hearing in May of 2011. The day of his hearing, Mr. and Mrs. Farris and others attended and said that they didn't feel he had shown any remorse. The parole board denied Tony's appeal and he will have to wait ten more years for another opportunity. Tony will be forty-three years old at his next hearing. We send our love and support to him and to his family.

Choices:
Gene spent the anniversary of Jimmy's death talking to classrooms full of teenagers in Bell, California. Each time he speaks to kids about the case, he hands out flyers with these words printed in big, capital letters: CHOICES, DECISIONS, COMMUNICATION, RELATIONSHIPS. The focus of Gene's talks, rather than on the injustice of Brandon's sentence, is on how choices can change lives forever. He tells them about the Felony Murder Rule and about how they may pay a terrible price for their decisions as well as the decisions of their friends. Brandon works behind the scenes with Gene, providing details of life in prison; sending word to them, through Gene, that prison is no place they ever want to be; that their own families are the ones who will love them always and stand by them in times of trouble. Gene pours his heart into each and every talk in the hopes that he will save other children and their families from loss.

May 1, 2011 Petition for writ of certiorari denied

Hello Everyone,

Our apologies for such a long gap since the last update. In April of 2010 we wrote you to let you know that Brandon's last appeal was denied. While that truly was his last appeal, there was one more legal plea to be made, this time to the Supreme Court. The document is called a petition for a writ of certiorari and essentially asks the Supreme Court to review the decision of a lower court.

They denied the petition on April 21, 2011. We, and especially Brandon, had little faith in this last legal effort as the courts have failed him at every turn (though we did appreciate the work it took Brandon's attorney to file it). We are sad but not downhearted as we continue our planning for a campaign to ask for Governor Brown's help. As soon as we have more information we can share, we will post it here on Brandon's site for you.

Meanwhile, Brandon is doing okay. He continues to paint and exercise, and he has friends and loved ones in his life who are enriching his visits with laughter and caring. Brandon wants to update you personally and plans to write a new letter soon.

So, here we are in May 2011, nearly sixteen years after this nightmare began:

• Brandon is 34 years old and has spent almost half his life in a maximum security prison for underage drinking and participating in a teenage brawl in which another boy was tragically, but unintentionally, killed.


• His original sentence was reduced by former Governor Schwarzenegger from Life Without the Possibility of Parole to Twenty-nine years to Life. (Brandon must serve 85% of that sentence before he has a chance at parole.)


• Brandon's story has been told around the world and so often we hear from supporters who ask, "Why is he still in prison? Why can't someone right this injustice?"

Soon we will be asking Governor Brown these questions. We will ask for your prayers and we will need your help. Thank you for staying with us, pushing us forward, giving us all hope.

Warmest regards,
Gene and Janice Hein

Reminder: If you have a more personal question, please email it to freebh@brandonhein.com rather than posting it anonymously to the blog.

Jan 3, 2011 Gov. Schwarzenegger leaves office

Hello Everyone,

As you have probably heard by now, Arnold Schwarzenegger left office today. He did not make any further reductions in Brandon's sentence or any other sentences for this case. This in spite of a tremendous outpouring of cards and letters of support and hard work by those close to the case.

While we are disappointed in the Governor's decision, we are grateful for what he did do on Brandon's behalf. Our efforts during his last term resulted in the removal of the "without parole" portion of Brandon's sentence and that is a very big deal. Something we can all feel proud of and take comfort in.

Brandon will be 34 years old in February. We will never give up our fight to win his freedom. Thank you so much for taking this journey with us. We couldn't do it without you.

Please stay tuned for details about a new campaign directed to Governor Brown.

Warmest Regards,
Gene and Janice Hein

November 7, 2010 Update on Brandon

It's been a while since we've updated you all. Brandon has spent the summer settling in at CSP/Lancaster. His move to this prison in LA County continues to be better for him and for us. More friends and family have been able to visit and best of all, the yard he is on has a hobby program. We purchase the supplies through the prison and Brandon is allowed to paint with oils, his favorite medium. In fact, two of his paintings (as well as those from other inmates on his yard) have been donated to the Catalyst Foundation for a benefit auction to be held at the House of Blues this month. For Brandon, painting is the best therapy in the world for what he has been through for the last 15 years and the life he is forced to lead every day.

Our writing campaign to Governor Schwarzenegger continues and we ask you to please write to him using the letter writing kit we've provided via the link on the home page. We have not heard any words of encouragement from his office but we have not let that dissuade us. We continue to write and ask him to please fully commute Brandon's sentence before he leaves office in January. If you haven't written to the Governor on Brandon's behalf, please do so now. If you have already sent a letter, please write again. Please help us to bring Brandon home.

Warmest regards,
Gene and Janice Hein

Hello Everyone,

Yesterday, we learned from Brandon's attorney that the petition for a rehearing, filed with the 9th Circuit Court, was denied. It was Brandon's last and final legal option. This is not a surprise to us though, considering how fiercly the court condemned the prosecutorial misconduct that took place, it should be. It's just that after 15 years in this nightmare, where the system has not done one single thing to right the injustice of Brandon's sentence, we have come to expect this rubber stamping of prior decisions.

Thank you Arnold Schwarzenegger for removing the "without parole" portion from Brandon's sentence so he has a chance for parole in 10 years. (To all: Please continue to write to him to ask that he fully commute Brandon's sentence before he leaves office in January 2011.)

Fortunately, Brandon has also recently been transferred from Centinela Prison to a safer, saner yard in CSP/LAC, Lancaster. Over the years and now at 33 years old, Brandon has learned not to expect anything from our "justice" system and instead continues to be incredibly thankful for the efforts of those outside it.

Thanks and regards to all,
Gene and Janice Hein

July 13, 2010 Brandon has moved to Lancaster

Hello Everyone,

Brandon has transferred from Centinela Prison to California State Prison Los Angeles County (CSP LAC) in Lancaster. Yes, this is a good thing. This will be a better yard for him and now instead of driving 250 miles each way to see him, we will only have to drive 81 miles each way (it will take a little over an hour instead of four hours). This is true for many of his family and friends, as well.

And this yard has a hobby program so if all goes well, Brandon will be able to paint again soon. Finally, a bright spot in a very tough year.

As we have in the past, we will provide an updated address when we have it to those who request it.

Warmest Regards,
Gene and Janice Hein

Ps. There have been no signs of encouragement from Governor Schwarzenegger's office but we continue to write to him in the hopes that he will fully commute Brandon's sentence before he leaves office.