Update: For a personal reply

Hello Everyone,
We've received a number of posts recently where the person wanted a reply from us directly. Just a reminder: you can send those emails to freebh@brandonhein.com. That way you won't have to worry about your email being out there for everyone to see and we'll respond as best we can.

Brandon is doing better since the last letter he posted on this website. Thanks to all of you for your support and tireless efforts on his behalf. He's just started a vocational woodworking program that he's enjoying and his college classes will start again soon. We also hope to be making his art available to purchase online so watch for updates.

Warmest regards,
Gene and Janice Hein

Status of Appeal 2/8/09

Hello Everyone,
The only word we have on Brandon's appeal is that we should know in a couple of months whether or not the request for oral arguments will be granted. As soon as we hear anything, we'll let you know.

Brandon's birthday is on February 17th. He will be 32 years old. It doesn't seem possible that this much time has passed. In May, he will have been incarcerated for 14 years.

There is a link on this website to a letter from Brandon. We've had the one he wrote in 2005 posted there for a long time. He's wanted to update it but finds it hard to know what to say when nothing changes. However, if you check the link today, you'll see that there is a new letter from him. The message isn't cheery - it isn't meant to be - but it's real.

None of us, in our lives, are always upbeat but we do have resources to lift ourselves up by our bootstraps (family, hobbies, exercise, counseling, medicine, change of scene). These resources don't exist in day-to-day prison life. Still Brandon has managed so many times to pull himself up and start again with renewed hope and focus. He'll do that again this time too. The one message, he wants to send loud and clear is that even though he has worked very hard to be strong in the face of an unjust sentence, he hates living in a prison. As much as you want him to be free, he wants it a thousand times more.

Please keep that strength and hope coming as we head into this final stretch.
Regards,
Gene and Janice Hein

Status of Appeal 12/8/2008

Hello Everyone,
It's been a few months since our last posting and we wish we had some news for you on the appeal but this is the way it goes with the legal system. The process takes a lot of time. We will definitely tell you if we hear some news.

Since our last update, Gene was asked to participate in a panel discussion at California Lutheran University after a screening of William Gazeki's documentary about this case called "Reckless Indifference." Criminology professor, Robert Meadows, included the film in his series as a way to open discussion about the case and to teach his students about the law and how it is applied today. Dr. Meadows has written a textbook entitled, "Understanding Violence and Victimization." He mentions Brandon in one section of the book.

We always appreciate these opportunities. We were glad to see many of our dear friends, family, and supporters there and we were especially pleased to see some new faces - parents who had brought teenagers to see the documentary. In the past, we've spoken to many students (elementary, junior high, high school, college, church groups and scouts) and have focused not on the injustice of Brandon's sentence which speaks for itself, but about decision making and how actions can have consequences far beyond the moments in which they are made. We hope and pray that we have kept some of your kids from harm.

Brandon has also done his best over the years to help by patiently answering questions when students have written to him because they have chosen his life as a subject for their school reports. Also, sometimes kids write to ask him for advice and he hopes his answers help them to understand that prison is not anywhere a young person with their life ahead of the them wants to be, not now, not ever. At least two of Brandon's friends have chosen to focus their studies on criminology, one is finishing a 4 year degree and another is working on a doctorate. We know he made a difference in their lives and we hope many others.

None of this would be possible without the strength your ever faithful support provides to us and to Brandon. Thank you all for your steadfast love. We wish you the best this holiday season and always.

Warmest Regards,
Gene and Janice Hein

Status of Appeal 9/12/08

Hello Everyone,

We have another update for you on the status of the appeal. The Attorney General's office filed their revised brief and resubmitted it to the United States Court of Appeals for the Ninth Circuit on 8/21/08. Our attorneys requested an extension and will file their response on 9/19/08.

Our apologies for the delay in posting some of these updates. Sometimes it takes longer than we'd like in order to get time to work on the blog because of travel for work or other issues. Recently Gene took a spill on the stairs (aided by the cat who thought that was a good place for a nap) and dislocated and fractured his right ankle. Surgery and a cast have him mobile again. Now in order to visit Brandon, he needs a note from the doctor stating that the screws and a plate are supposed to be there. Instead of going through the metal detector he will need to have a wand run over that that area. This is still doable though and we are grateful his injury was not worse.

Brandon is doing all right. There is nothing new to report about his living conditions. He works, he reads, he listens to music, he exercises and focuses as much time as possible on his artwork. On a sad note, his grandfather recently passed away. They were close. These things happen when someone is in prison. Life and time moves on. With love for Jerry's memory we close for now. Thank you all for your kind and caring support.

Regards,
Gene and Janice Hein

Status of Appeal 8/15/08

The United States Court of Appeals for the Ninth Circuit sent an order to the Attorney General's office on 8/15/08 requiring them to file a new brief that is not more than 24,000 words. They need to file this new brief by Sept. 15 and then our attorneys will have 14 days from that date to file our reply.
Regards,
Gene and Janice Hein

Attorney General Filed Response, July 16, 2008

The Attorney General filed a 141 page brief on July 16, 2008. This was in response to the Appeal we filed on May 12, 2008 (please see the prior posting). Now our attorneys will have a chance to rebut those arguments in a brief of their own. The given response time is 14 days though they will likely ask for an extension just as the Attorney General's office did. After that, our attorneys may or may not be granted the opportunity to present oral arguments. Once these steps are done, the Court will review all of the materials and notify us with their ruling. Through all of this, we hope and pray as hard as we can that their decision will be in our favor.

Other than this news, there have not been any changes to report to you. Brandon is doing okay at Centinela. He hasn't been able to order paints but is learning to use colored pencils (though getting even those can be a challenge sometimes). There was a rumor a while back that they might close his yard and move him again. We haven't heard anymore about it for a while so we hope that everything will stay as it is for now. We can manage the travel and Brandon is really enjoying the many visits from family and friends that's he had since his arrival.

Thanks so much for your kind notes and continued support.
Regards,
Gene and Janice Hein

The Appeal was filed on May 12, 2008

A reminder from a past posting: Filing a brief is a time consuming process. We do not expect an answer from the court for 6 months to a year. There are many steps in the process.

- The Attorney General's office will be given time to file a response.
- Our attorneys wil then be given time to file a reply to their response.
- Then it will be in the hands of the court for a number of months.
- Whether oral arguments will be granted or not this time, we do not know.

At least now it is finally in process. Thanks always for your prayers and good wishes for Brandon's freedom. He's hanging in there and appreciates your support.

Regards,
Gene and Janice Hein

Ps. Keep checking the art gallery called The Box on brandonhein.com. New artwork will be posted soon.