Jacob Hornberger has released a new article today which can be viewed in full HERE
Ian’s appeal
Since my articles were published, both Freeman and the prosecution have filed their appellate briefs with the First Circuit Court of Appeals. A 3-judge panel of the appellate court will read those briefs. That panel will then decide on whether to schedule the case for oral arguments. Given the complex issues that the case presents, in my opinion the Court will schedule oral arguments in the case.
If they do schedule oral arguments, that event will be open to the public. If you want to help Ian, the best thing you could do at this point is try your best to be present for those oral arguments. I plan to be there. If they are scheduled, they will be held in Boston. I strongly recommend against protests, protest signs, or interruptions in the proceedings, as I believe those type of things are very counterproductive at the federal appellate level. Federal appellate judges do not like people suggesting that they are subject to being pressured by protests into rendering a correct decision. But a quiet presence of dozens of people during the oral arguments in an appellate case will send a strong message to the Court that Ian has a strong support base of friends and family that are concerned about his plight. In my option, this could cause the appellate panel to give more careful attention to his appeal than what might otherwise be the case.
I strongly believe that Ian has a good chance of getting his conviction and punishment reversed on appeal. But if he is unsuccessful, he then has the right to request that the entire Court of Appeals consider his appeal rather than simply a 3-judge panel. If that is unsuccessful, he has the right to appeal to the U.S. Supreme Court, but the odds of a successful appeal there are minimal.
If Ian’s appeal fails, the only chance for early freedom will be with a presidential pardon or commutation of sentence.
Free Ross