The following is a CBLDF press release detailing what is--in my opinion--the depths to which the prosecution in this case will stoop to perpetuate it:
The case against Gordon Lee took another in an ongoing series of bizarre turns this afternoon when statements made by State prosecutor John Tully during opening arguments led to a mistrial.
Lee and his legal team, paid for by the Comic Book Legal Defense Fund, appeared in court this morning for jury selection and returned in the afternoon to begin the actual trial. Before the jury was brought in to begin the trial, lead counsel Alan Begner argued an oral motion in limine asking the judge to instruct prosecutors that they could not admit statements from their witnesses alluding to Lee's character and previous legal actions Lee has been party to. Prosecutors assured the court that they had instructed their witnesses not to address Lee's previous conviction for selling adult comics to an adult. Then during opening statements in front of the jury, prosecutor Tully said witnesses will testify that Gordon was defensive and that Gordon had told police, "I've been through this before," a clear reversal of his earlier statement to the judge that prosecutors would not be entering such statements into the record.
When Tully made his statement, defense counsel stared at each other in disbelief before Begner leapt up to demand a mistrial. Judge Larry Salmon put his head in his hands and called a 15 minute recess.
Upon returning to the courtroom, as a result of Tully's statement, Salmon declared a mistrial, because the statements alluding to the prior incident contaminated the jury beyond repair for a fair trial.
"This is a victory, but we wish it was over," said CBLDF lead counsel Alan Begner. "We believe that prosecutors induced this mistrial on purpose, because we had a jury that looked more defense oriented. We're prepared to quickly file a motion to argue that no new trial should be scheduled because this mistrial was intentional and constitutes prosecutorial misconduct."
Begner adds, "Time and again we've been here and have been told to go home because of the prosecutors' actions. Meanwhile, it's Gordon who suffers. It's been three years since this case began, and for three years Gordon has had this hanging over his head. Today his good name is still not cleared."
Lee's trial comes after three years of legal action arising from the Halloween 2004 distribution of Alternative Comics #2, a Free Comic Book Day sampler which featured an excerpt from the critically acclaimed graphic novel The Salon that depicted Pablo Picasso in the nude, and was allegedly handed to a minor. The CBLDF has spent over $80,000 on Lee's defense since taking the case in early 2005, and expects costs to reach six figures by the end of the trial. The case has been ready for trial three times – the first, in April of 2006, when prosecutors dismissed and re-filed the charges because their facts were wrong; the second last August when the judge's illness led to a rescheduling; and today when statements made by the prosecutor led to a mistrial.
"Never in the Fund's history have we seen prosecutorial conduct of this nature," says CBLDF Executive Director Charles Brownstein. "We're dumbfounded by prosecutors assuring the court that they weren't going to do something, and then doing exactly that thing five minutes later. Every step of the way they have been adding further expense to Lee's defense, first by changing their facts, then by entering new indictment after new indictment, and today by contaminating the jury. Nobody, especially a small retailer, can bear this kind of expense on their own. Today's action is clear evidence of why the Fund needs to be around to protect comics."
The next step for the case is uncertain, but could see trial again in 2008.
Posted by Peter David at November 6, 2007 12:00 AM | TrackBack | Other blogs commentingOnly one word comes to mind: Unbelievable.
RLR
Yeah, when I heard about this, my jaw just about hit the fucking floor. Lee has waited three years for his day in court, and once again the prosecution finds a way to delay justice, and therefore deny it. Floyd County D.A. Leigh Patterson and her flunkies are clearly people without conscience and intellect. They have no case, and they know it, so they're trying to wear Gordon down any way they can. Judge Salmon should dismiss this case with prejudice.
I could be wrong, but I think the defense team can ask the judge to make the prosecution pay some of the defense team's legal fees due to prosecutorial misconduct.
I already sent in two donations to the defense fund. How much do they have in the bank and are more funds needed? BTW--for my last donation, I received a great 1st Amendment t-shirt which I wear to the gym. The First Amendment--Don't leave home without it!
I saw the article at Newsarama and came here to see if you had any thoughts on the matter posted yet.
It's my hunch that you're entirely correct about the motivations behind the prosecutor’s statements in court. Of course, I may have simply gotten used to being tragically disappointed by what I read about the Justice System these days. Still, the most charitable way to view the events that this article describes is gross incompetence on the part of the prosecutor. The type that should see guy unemployed by week's end. That's a little less horrible than blatant prosecutorial misconduct...but not much. I hope that the CBLDF manages to use the events in court to end this matter for all time.
Drive a stake through its heart and bury it at a crossroads at midnight.
That was unbelievable. At this point, I've no doubt that the prosecution knows its case is weak and is just hoping to hurt Gordon Lee or wear him down to the point where he'll cop a plea deal just to finally end all of this garbage.
What they're doing to this man's life...
The Gordon Lee case is disgusting and infuriating.
The Ed Kramer case is horrifying. It is now seven years since Ed was arrested. He was Crippled while in custody - as a result, he says, and i believe, of a beating by jailers. He has not yet been brought to trial.
People in the Atlanta fan community - who at the least owe Ed personal gratitude - have smeared him in public forums in the most rabidly foaming language i have seen in some time.
I came under the same sort of attack - from someone i once considered a friend - accusing me of support for pederasty if not the deed itself, and was informed that my name had been submitted to the Gwinnett County DA's office for investigation. My crime? I said in an online forum that it didn't sound as if the DA had a particularly strong case against Ed.
It has reached the point that Congressman Bob Barr (hardly a bleeding-heart liberal) filed, this August past, an amicus curiae brief, the text of which can be found at the Ed Kramer Defense Fund site (where accounts of the whole sordid affair may also be found).
From the days of Frederic Wertham's witch hunt, and still today, and so long as comics and other media fandoms are seen as fringe loonies, powerless and essentially disenfranchised, they have been and will remain targets for prosecutors and politicians looking for notoriety and hot-button issues to advance their own persons and/or agendas.
When I read about the prosecutor's actions earlier today it confirmed what I thought of previously. This is a weak case. The prosecutor was looking for an easy target and thanks to the Comic Book Legal Defense Fund, he was wrong. Last week, I sent another 50 dollars to the Fund and I urge that all of you that read this contribute what you can. Perhaps we can send a message to all prosecutors to look elsewhere for their "targets".
Looking over that brief on the Ed Kramer case, I've got to ask: What exactly is this guy charged with, that the judge, prosecuter, and defense attorny are seemingly willing to team up and torture the guy like this? I'm having a hard time coming up with credible motives for why these guys are tying up that much time and energy in keeping this guy from having a trial, period. Did Kramer cut each of these guys off in traffic, leading them to punish him like this? Is there a racial/religious/homosexual angle present somewhere that I'm not picking up on here (i.e. is Kramer a differnt race than the lawyers/judge, thus fueling their apparent hatred of Kramer?) If all they want is to keep Kramer in jail indefinatly, why not just fake some evidence and pay off some hand-selected jurors instead? Be easier, quicker, and less expensive in the long run than what they're doing now.
Chris
Incredible. Who's the prosecutor, Mike Nifong?
Is Gordon Lee white and the mother insisting Lee be prosecuted black? Maybe there's no message to send to blacks by firing the lawyers who wrongly prosecute him.
If all they want is to keep Kramer in jail indefinatly, why not just fake some evidence and pay off some hand-selected jurors instead? Be easier, quicker, and less expensive in the long run than what they're doing now.
It's really strange. IIRC, Kramer is actually supposed to be paying the Gwinnett County to keep him under house arrest. Why go to trial, when you can make a grand a month off a guy who can't go anywhere.
I can't speak to the merits of the Kramer case, but as far as the Lee case goes, I'm embarrassed to live in Georgia.
I already sent in two donations to the defense fund. How much do they have in the bank and are more funds needed? BTW--for my last donation, I received a great 1st Amendment t-shirt which I wear to the gym. The First Amendment--Don't leave home without it!
I don't know how much the CBLDF has in itis warchest, but I think it's fairly easy to say that more donations are always needed. Not only does this latest wrinkle in the Gordon Lee case mean that the CBLDF is going to have to spend more money, but who knows what next case might arise and how much that might cost. Heck according to this note from Jeff Smith, the CBLDF will have spent close to $100,000 on the Gordon Lee case alone.
I would work very hard to make sure that the people in the community know just how much their prosecutors are costing them.
Posted by Elf with a gun
Looking over that brief on the Ed Kramer case, I've got to ask: What exactly is this guy charged with, that the judge, prosecuter, and defense attorny are seemingly willing to team up and torture the guy like this? I'm having a hard time coming up with credible motives for why these guys are tying up that much time and energy in keeping this guy from having a trial, period. Did Kramer cut each of these guys off in traffic, leading them to punish him like this? Is there a racial/religious/homosexual angle present somewhere that I'm not picking up on here (i.e. is Kramer a differnt race than the lawyers/judge, thus fueling their apparent hatred of Kramer?)
Ed Kramer is a Jew. One strike against him in the South.
He was accused of molesting young boys. Another strike against him.
He's funny-looking. (He has skin problems, and he's a fairly typical fantype.) Another.
He actually reads funnybooks. We all know what *that* means in an adult. (Whatever the prosecutor and the cops want to tell the jury it means, that's. what.)
And there are locals in the fringes of media culture who seem to have a personal investment in getting Ed convicted (and in using him to smear at least one SF pro, as well).
It's too bad he's not merely a black boxer or rap star or pro athlete accused of murder - we could have all sorts of mediagenic psople in here protesting loudly and bringing national attention to the case...
This should be adapted into an episode of "Boston Legal", though I doubt the writers would have to do much embellishing.
Yeah, when I heard about this, my jaw just about hit the fucking floor.
Bill, you said about everything I could say on the matter.
What a fucking embarrassment, not only to Georgia, but this country.
Im somewhat slow on the uptake but what possible advantage is it for the prosecution to pull such a boner? Is this how they go about getting someone to plea to a lesser charge? Or are they just that Incompetent? Because they obviously
dont know what CBLDF is capable of.
Pat, as it was suggested earlier, the prosecution may have felt they were up against a defense-sympathetic jury and faced with a bad hand, they may have decided to call a mis-deal and get a new hands of cards dealt. I hope that even if the defense can't get the case dismissed now, they manage to get some kind of sanctions against the prosecution for such bone-headed behavior; or is that how things are done in Georgia and I'm just being naive here?
Im somewhat slow on the uptake but what possible advantage is it for the prosecution to pull such a boner?
The release states a good reason: "We believe that prosecutors induced this mistrial on purpose, because we had a jury that looked more defense oriented."
The prosecution thought they couldn't win with the jury chosen. So, in essence, they knocked over everyone's cards, hoping for a reshuffle that will draw them a better hand.
Any single event that has re-started this trial would be somewhat acceptable...although the prosecution essentially stating "hey, we got the wrong case here, can we get a mulligan" does stretch it some, but those things happen.
Put two of them together, and you're starting to stretch the concept of a speedy and public trial.
With the prosecution essentially cheating in order to start a 4th trial, I think it's past time the CBLDF files a motion to dismiss on the grounds that Lee's 6tm Amendment rights have been violated. This wasn't an administrative/incompetance error, like the first re-do, or an unforseen illness, like the second re-do. This was a deliberate, intentional act designed to delay the trial in order to benefit the prosecution, depriving Lee of his speedy trial.
I also think the judge should impose sanctions against the prosecutors. Their actions certainly fall under the egregious category.
Man, what crap!!! Were they not in on the jury selection in the first place?
I will be curious to see what the defenses next move is also.
again.. Man only in America
It seems to me that the prosecution in this case has been watching too much television, delaying the case in any possible way so that Grissom, Stabler, and Monk have enough time to produce the "magic bullet" evidence for a successful prosecution.
Of course we know that the actual detectives on the side of "justice" in this case are more likely to be Cletus and Jim Bob, while Cooter is handling the actual prosecution.
I hope the judge has the good sense to take action against the D.A.'s office for allowing this to go on as long as it has.
I wonder if Mr. Lee has considered leaving this hostile jurisdiction once the case is over and done with (if ever).
Man only in America
Because totally fair and equitable distribution of justice is guaranteed in the rest of the world?
This is a travesty to be sure, but let's keep a sense of perspective.
It's stunts like this that make it easy for people to not trust the system. Guilty or not, some people would rather run, pull a gun, grab a hostage, drive 100 miles an hour down a city street and such just to avoid being put into the system.
I once worked with a guy in Kansas City, MO who just stopped coming into work one day. No "I quit" or "I'm getting tired of this place", just gone. Now normally that wouldn't be anything too far out there except this guy liked his job and told some of us how he relied on the hours (overtime) to make ends meet.
8 months later he just reappears right back at his old workstation like nothing happened. A few of us pressed him on what happened since he seemed a lot different (in appearance and mood)than when he left.
Turns out, he was picked up after work because "he fit the description of a local car thief". He'd been held in jail for 8 months without trial or proof that he's done ANYTHING WRONG! He only got released because the police finally caught the actual car thief they were looking for!
His time in had clearly shaken him to the core. He was not the happy laid-back guy we used to know. He no longer liked being a part of any group activities (picnics, sports parties, potluck lunches, etc.). He was jumpy as hell if you walked to him when he into his work (we did upholstery in an office chair prodcution warehouse), and he eventually quit because he couldn't handle the long hours anymore (something he liked about the job before).
He said at one point, before he quit, that he thought about running when he had a chance to, but he thought "Why? I haven't done anything wrong. Maybe they just want to ask me about something that just happened." He said his new philosophy is to run PERIOD. I said, "That just gives them a reason to charge you with something." to which he calmly replied "At least they'll HAVE SOMETHING to charge me with if they catch me."
I couldn't convince him of the no-win scenario he was possibly putting himself into. It's been almost a decade since he quit. I just hope he never got (or ever will get) stopped by the police again.
Our justice system is supposed to be the best thing going on the face of the planet, but when you see things like the Gordon Lee case and hear about things like what happened to my former co-worker, you just can't take anything for granted,...including your rights.
You know, awhile back I told Bill Mulligan that as badly as the prosecution had acted in the Gordon Lee case, I didn't think comparisons to Nifong were quite accurate. I've changed my tune. There's no material difference between Leigh Patterson and Nifong. The Floyd County D.A.'s office has engaged in gross misconduct, has abused its power, and is ruining a man's life in order to avoid acknowledging that they haven't got a case against him.
Having spoken with Gordon Lee as recently as yesterday, I can tell you that this is taking a horrible toll on him and his family. The courts should put a stop to this insanity. The only good news is that the CBLDF has provided Gordon with a good defense team, and if anyone can help him put a stop to this, it's them.
While I was expecting the Floyd County D.A.'s office to announce that they would attempt to bring this to trial yet again, when they made the announcement today it still set my molars grinding. This case has had me angry on a number of levels -- the mis-application of the Georgia "harmful to minors" statutes and the trampling on Gordon's First Amendment rights chief among them -- but now my blood is just boiling. The prosecution has inflicted terrible pain on Gordon without once having to enter a single piece of evidence into the record during a trial.
Leigh Patterson and her flunkies make me sick to my stomach. I don't know what else to say, except that I encourage everyone to support the CBLDF as that is the best way for most of us to help right this terrible wrong.
Has anyone written to the governor about this case? Or tried to get a local news personality to take up Lee's cause? There's nothing like negative press, or a call from one's boss, to make a DA re-think their position on a case.
"hey, we got the wrong case here, can we get a mulligan"
Jesus, what are you trying to do, give me a heart attack?
Ed Kramer is a Jew. One strike against him in the South.
Mike (Weber), I don't know how much that really matters--hey, I'll always be the "yankee" here but in all honesty, there's not as much of that here as I expected. Maybe North Carolina isn't far South enough.
I mean, one of the last teacher of the year winners at my school was both Jewish and gay. So let's not paint all Southerners with too broad a brush.
Has anyone written to the governor about this case? Or tried to get a local news personality to take up Lee's cause? There's nothing like negative press, or a call from one's boss, to make a DA re-think their position on a case.
I think Bobb has a great idea. This seems just made for a 48 hours type show. Since all of the other shows are going off the air maybe we can get some more news programs during the strike.
Has this been addressed by any of the other major websites--Instapundit, Dailykos, etc?
Looking over this case and the Ed Kramer one, let's remember one thing: What Kramer is charged with is a really bad thing. The seven year (so far) delay in trial is disturbing, and the abuse and neglect of his health by officials looks indefensible, of course, but what he is charged with is child sexual abuse. If I were Gordon Lee, I would be leery of comparison between the two cases. He is charge with selling printed material which offended the tastes of the state: a criminal offense, of course, and one that carries significant penalties - but not at all in the same class as child sexual abuse, which offends most people much more viscerally than the distribution of randy images. Neither man deserves such pre-trial abuse as they have suffered, but linking the two cases does Mr. Lee no favors.
Actually, Jeffrey, Mr. Lee didn't sell anything to a minor: It was book that was inadvertantly given away to a minors as a part of the free comic book day.
Here's the CBLDF link: http://www.cbldf.org/articles/archives/000318.shtml
The point of congruency between Lee and Kramer that i'm primarily looking at is the unconscionable delays in due process which, in both cases, smack of prosecutors afraid that they will not be successful in court but stuck with a big splashy arrest and charges (and potential career/legal repurcussions).
It is certain that, in the Kramer case, the pretext for revoking his bond many years ago was, in fact, bogus - but that hasn't helped him.
I have no actual knowledge as to whether or not Ed Kramer did, in fact, do what he is charged with. (My own inclination from a speaking acquaintance i wouldn't go so far as to call a "friendship", is to think he probably didn't, but i have no facts either way.) What i do know is that the police case seems amazingly weak...
I'm not atttempting to "link the two cases" - except as they are both abuses of the system - but when the Lee case is brought forth as the outrage it *is*, i feel a certain need to point out that there's even worse stuff out there, also involving members of comics/media fandom in the context of that fandom...
mike weber: I mean only that linkage of the two cases is not at all to Lee's advantage. Both men must be presumed innocent, but should they be convicted they would stand in very different positions in public opinion (and my own moral judgment): A Lee conviction would make me feel "Well, the penalty for what he did seems awfully severe. Nudity and pornography are not the same thing at all, and I can't see that anyone was actually harmed by seeing a drawing of a naked Spaniard."; a Kramer conviction would be a very different thing "You know, if he did THAT, then I don't have any problem with him spending a few decades in prison."
You are right that both cases demonstrate lengthy, objectionable pre-trial delays and misbehavior.
This case just keeps getting better and better.
Sounds like these prosecutors need something better to do. Perhaps take a seminar in common sense and common decency.
I wonder just how much this little circus has cost the taxpayers.
Posted by rrlane at November 6, 2007 03:18 PM
Man only in America
Because totally fair and equitable distribution of justice is guaranteed in the rest of the world?
This is a travesty to be sure, but let's keep a sense of perspective.
*sigh* and lets not split hairs
*sigh* and lets not split hair
I don't believe I did, nor did I intend to be derogatory to you in any way, as I share your frustration by the facts of this case. Our justice system is flawed and often innocents suffer because of it. However I also believe comments like the one I pointed out actually hurt the case for reform by being so hyperbolic.
If you took personal offense, I apologize because such was not my aim.
No Im sorry. I took it totally out of context. No apology needed. I just cannot believe our judicial
system can be so archaic sometimes.
"Our justice system is flawed and often innocents suffer because of it"
Everytime I see this, or a variation of it, it makes me wonder...is there a justice system that isn't flawed? Or one where innocents don't suffer?
It is pretty sad that the prosecutor seems to be trying to bleed the defendant dry rather than putting forth an honest case and letting the jury decide.
I just rejoined the CBLDF and bought a book to help out if only a little.
-Neil
There should be a law that if a prosecutor is shown to have willfully committed gross misconduct such as this, that s/he have to face the same penalty that the accused would’ve faced had s/he been convicted of the crime.