The Brandon Hein Blog

Status of Appeal 5/6/08

2008-05-06T06:29:00.000-07:00

The filing of the appelate brief has been delayed again and is now scheduled to take place on May 12, 2008. The legal team is still refining the document and while we are always disappointed by delays, we want what is best for Brandon.
Warmest Regards,
Gene and Janice Hein

Status of Appeal 03/30/08

2008-03-30T18:22:00.000-07:00

Hello Everyone,

The filing of the appeal with the 9th Circuit Court has been delayed for what we hope will be the last time. It is now scheduled for April 28, 2008. Just a reminder, the filing is only the start of the process. If you haven't already, please take a minute to review our prior blog posting as it talks about the multiple steps yet to come.

We saw Brandon on Easter and he's doing okay. His yard has been locked down quite often in the last couple of months and that makes scheduling visits a challenge. Even so, he has great friends and family who are willing to risk being turned away. We've really been grateful that the long drive hasn't deterred them.

Warmest regards,
Gene and Janice Hein

Status of Appeal 03/03/08

2008-03-03T19:13:00.000-08:00

Hello Everyone,

We have an update for you on the status of the appeal. It was not filed as planned in February. The attorneys needed more time with the brief so the new date for filing is March 25th. From some of the messages we received, our last blog posting apparently caused some confusion. Filing a brief is a time consuming process. Even though March 25th is the new date, we do not expect an answer from the courts 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 and our attorneys will 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. So as you can see it will be a long time before we know the 9th Circuit Court's ruling. We wish that were not the case but it is.

On a more positive note, Brandon continues to produce incredible artwork with the materials he has at hand (pencil, pen, colored pencils). We planned to visit last weekend but his yard was locked down so we will try again. He sends his thanks for your cards, birthday greetings, and letters.

In February, the Calvary Lutheran Church in Grants Pass, Oregon put on a fundraiser for Brandon's defense fund. This is the church of Brandon's grandparents. It was a beautiful event with about 90 attending a German dinner, purchasing raffle tickets for donated, and in many cases handcrafted, items. Music was played, songs were sung, prayers were given, and love filled the room. We are very blessed to have such a caring group of people in our corner just as we are blessed to have all of you.

Warmest regards,
Gene and Janice Hein

News of Brandon 1.27.08

2008-01-27T09:03:00.000-08:00

Hello Everyone,

We've had a few visits with Brandon at Centinela State Prison in Imperial, CA. The first time we drove down was on Christmas Eve. The prison has to process his paperwork (it's called being "classified") before he's allowed a contact visit. We went to visit on Christmas Day and since he was not yet classified, we were only allowed to see him for a half hour through the glass. Visiting that way is tough because you have to talk by phone and only the person holding the phone receiver can hear him.

We drove down again the first and second weekends of January. It takes almost 4 hours one way so we stay overnight. The drive is all freeways and not bad. El Centro (about 10 miles from the prison) has a number of hotels that are reasonably priced. The first weekend was a visit through the glass again for an hour each day. The second weekend we finally had contact visits. (Yeah!) For those who have visited him at the other prisons, this area is run well. Processing is quick and organized. The visiting room is very clean. The chairs have some padding (5 hours on the plastic ones can take a toll on your back), and there is a patio so you can get some fresh air and sit at the concrete picnic tables (okay - it's surrounded by walls and barbed wire but still, a chance to go outside!). We hear temperatures can get up to 115 degrees in the summer so that will make it interesting.

How is Brandon?
He's doing okay.

His first cellmate was 79 years old. A decent guy though they didn't have much in common. His current cellie shares his interest in art and that's a plus. Brandon misses painting. He is trying to work with colored pencils but his ideas come out faster than he can express them by drawing and that's frustrating. We still hope that a hobby program can get started there.

He misses seasons. Tehachapi had snow and rain. Imperial has sun, wind, and dust - lots of it.

Brandon is allowed to call more often, has a job that doesn't cancel out any visiting times, and the TV gets more channels and movies. Visiting is open on Friday as well as Saturday and Sunday. All good. He receives mail quickly and the cards you sent at Christmas have been forwarded to him.

Thanks to all of you who have asked for his new address. He just switched to a new cell number on the same yard. Mail will still reach him at the previous address. He can give you the new cell number when he replies or you can write to freebh@brandonhein.com again and request it.

If you would be willing to accept a collect call from Brandon please let him know. Include your phone number in your letter and let him know the best times to reach you. This is important because the times he's allowed to call vary from day to day and the he's only allowed a limited number of minutes. The calls can be made to land lines only so if yours is a cell phone, this is not an option.

Thanks to all for your continued support.

Warmest regards,
Gene and Janice Hein

Status of the Appeal
There's been a minor change to the filing date. It is now February 22, 2008.

News of Brandon Hein 12.21.07

2007-12-21T16:21:00.000-08:00

Hello To All,
We're writing to let you know that yesterday Brandon was bused to Centinela Prison in Imperial, CA. This one is located to the left of San Diego, in the desert, down nearer to the border of CA and Mexico.

Why did they move him?

Brandon's custody level states that he should be on a Level 4/270 Yard rather than a Level 4/180 Yard. There is not a huge difference between the two - it is somewhat less restricted on the 270 Yard. According to prison officials, the state is mandating that inmates be moved to a yard matching their exact custody level to make room for additional inmates at the higher level. Centinela has space available in their Level 4/270 Yard so Brandon was sent there.

What does this mean for Brandon?

Distance - This prison is much further from many of his family and friends than Tehachapi was. For us, we will be driving well over 4 hours one-way rather than the 2 1/2 hours one-way required to get to Tehachapi. We'll probably plan to stay overnight near Imperial more often than not now.

Art - The biggest drawback so far is that Centinela has no hobby program. Brandon will no longer be able to have paint and canvas. He can order colored pencils but that is all. Not being able to express himself with the art supplies he's worked so hard to master will be a loss for him.

Heat - This facility is in the desert with the high temperatures that accompany the geography.

Shipping Out - Inmates are given short notice to pack their stuff and be ready for transport. Once they arrive at the new facility, they cannot receive contact visits for 3 weeks. They can however, be visited over the phone/through a glass partition. We are hoping Brandon at least got to enjoy the view on the trip. He has not seen the outside world for over 7 years (since the last time the prison moved him).

Christmas - We were planning to see Brandon in Tehachapi on Christmas Day but will drive to Imperial on Monday instead and visit him through the glass on Christmas (Tuesday). Brandon knows we'll find our way to him. He doesn't let us down and we don't let him down. We love him. That's all there is to it.

New Address - We have a new address for him so those who wish to write should drop us an email at freebh@brandonhein.com

The Appeal - All of the attorneys have agreed to file a joint brief on February 15, 2008 (coincidentally, just two days before Brandon's 31st birthday). As mentioned in our last posting , the attorneys are Erwin Chemerinsky for Jason Holland, Manny Abascal and Daniel Seltzer for Michah Holland, Tracy Dressner for Tony Miliotti, and William Genego for Brandon.

Our warmest wishes to all of you who have chosen to share this journey with us. We couldn't do it without your generous love and support. May 2008 be the year of freedom.

Love and Thanks,
Gene and Janice Hein

Status of Appeal 11/18/2007

2007-11-18T18:54:00.000-08:00

Hello Everyone,
Many of you have asked what happens next with regards to Brandon's appeal. We have some information to share with you. New attorneys have come on board to represent Jason Holland and Micah Holland. Jason will be represented by Professor Erwin Chemerinsky, formerly of Duke Law School and now the new Dean of Law at the University of California Irvine. Attorneys Manny Abascal and Daniel Seltzer of Latham & Watkins have agreed to be counsel for Micah. Tony Miliotti will continue with his attorney, Tracy Dressner. Brandon will also continue with his attorney, William Genego. All briefs are scheduled to be filed with the 9th Circuit Court sometime in December or January.

To read more about the attorneys who have bio's posted online, visit the links below:

William Genego / Brandon Hein
http://www.lawyers.com/California/Santa-Monica/William-J.-Genego-265076-a.html?CMP=KNC-OSMXPV&site=729

Erwin Chemerinsky / Jason Holland
http://www.law.duke.edu/fac/chemerinsky/

Latham & Watkins / Micah Holland
http://www.lw.com/AboutLatham.aspx?page=About

Brandon continues to focus on his artwork and sends new paintings often. As soon as the new pieces are scanned, they will be added to The Box.

Happy Thanksgiving. We send you our love and good wishes. We are thankful for all of you.

Regards,
Gene and Janice

Just a reminder for those who post to the blog, if you are asking for Brandon's address so you can write to him, please email your request to freebh@brandonhein.com.

Status of Appeal 9/6

2007-09-06T18:01:00.000-07:00

Hello Everyone,

We were notified a few days ago by Brandon's attorney that Brandon was granted his request for a Certificate of Appealability which means that the appeal will be allowed to go forward. Even though his last appeal and request for oral arguments were denied, we will be allowed to stay on this path to the 9th Circuit Court. This is good news! The judge had the option to deny us and had he done so, we would have been forced to petition the 9th Circuit Court separately which could have added many months to Brandon's wait for a decision at the next level.

Now we move forward, still holding our collective breath and praying for release. We saw Brandon last weekend. He's waiting anxiously for an order of art supplies (limited items are allowed by the prison from a prison-approved vendor) and the CA heat wave has made his cell seem even smaller than its 9x12 dimensions, especially since he shares it with another inmate. (Inmates have fans only, no air conditioning.) Still he's hanging in there and sends his love and appreciation to all of you.

Warmest Regards,
Gene and Janice Hein

Status of Appeal 8/11

2007-08-11T12:49:00.000-07:00

We got the news yesterday from Brandon's attorney that the districted judge has also rejected our appeal. This was not a big surprise considering the most recent repsonse from the magistrate who rejected the case and denied our request for oral arguments (see our previous post).

Still we never want this kind of news. Yet, as we've said before, if they are going to rubber stamp the case we are at least glad for speeed in their doing so. It is much more cruel to have the case linger in the judge's hands for 2 1/2 years only to be denied when the decision is finally given.

Our next stop is the 9th Circuit Court. Brandon continues to focus his energy on his art. It's the only progress he has control over at the moment. If you haven't been to his online gallery for awhile, please do. Rooms have been added to show new work. Just go to the brandonhein.com home page and click on "The Box" icon at the bottom.

Thanks always for your support. Knowing you are with us is a great source of strength.

Warmest Regards,
Gene and Janice Hein

Status of Appeal 7/21/2007

2007-07-21T11:55:00.000-07:00

Last week we got news from the court that the magistrate judge forwarded Brandon's appeal without granting our request for oral arguments and without making any revisions to his ruling. Not surprising based on our experiences with the justice system thus far, but disheartening nonetheless. At least he was quick about it.

The documents are now with the district judge whom many of you saw the day we appeared for the mistakenly scheduled oral arguments. He has the abiltiy to make changes before rubber stamping his magistrate's denial. Will he do so?

If he does not, then we will appeal to the 9th Circuit Court.

Please continue to keep Brandon in your hearts and your prayers.

Warmest Regards,
Gene and Janice Hein

Our Day in Court - June 25th and News of a Special Resolution

2007-07-01T10:50:00.000-07:00

Hello to All,
First, let us explain the delay in posting an update to Brandon's website. Since anyone (including prison staff) is free to view this information, we give news to Brandon first and then we post it. We saw him yesterday.

Note:
You can circumvent the delay by writing to us at freebh@brandonhein.com. Also, if you haven't been in touch for a while please send a quick email. We lost everything in a computer crash and now need to rebuild our contact lists.

Monday was a day so completely mixed with good and bad that it's hard to know where to begin.

Good News:
With us we had a large group of caring, passionate people made up of family members, friends from work, friends from church, friends who have been long-time supporters, and new supporters - all who fought the traffic and confusion to stand with us and the families of Jason, Micah, and Tony.

Bad News:
We were in the wrong building. After finding out that our judge had recently moved, we had to make a last minute dash to a building a block away, go through the metal detectors again, sort out multiple elevators and find our way to an unmarked courtroom. Thank you everyone for your patience and for being willing to direct traffic and look out for each other.

Good News:
We filled the courtroom.

Bad News:
After waiting through other issues before the court we were told that our case had been removed from the docket.

Here's what happened
The ex parte application, filed by our attorneys, was somehow sent to the district judge instead of the magistrate (the one who denied the rebuttal). Someone on the staff of the district judge put it down for hearing, not realizing it was a request for a hearing in front of the magistrate judge. A week before the hearing, when the district judge and his staff were looking at the calendar, they couldn't figure out why it had been set for a hearing so they removed it from the calendar. Our receipt of a date for oral arguments was, in fact, a clerical error. Unfortunately, they failed to notify our attorneys regarding the change.

Good News:
All of the materials will still be sent to the magistrate judge, including the request for argument on the objections. The magistrate judge will review the objections and either make it final and forward it to the district judge or he could change his Report in light of the objections. We may still get a hearing on the objections in front of the magistrate and an opportunity to persuade him to change the Report. Though, according to our attorney, it would be unusual for a judge to reverse himself it is not unheard of and does happen. And if the magistrate does not reverse himself, the district judge will still review the Report and our objections.

Bad News:
This results in more delays and this was not the news we wanted to relay to Brandon. He is doing the best he can with all of this and still the endlessly moving finish line is exhausting and discouraging.

Good News:
The unintended result of this clerical error is that we were able to show the district judge how much support there is for these defendants. When we were given the news that the case would not be heard, all of our disappointed supporters got up and left, clearing the judge's courtroom, a fact that he noted with surprise. This was an opportunity to show the judge that this case is being watched and its outcome matters. Also, everyone present is more determined than ever to fight for release. Letters are being written, calls are being made, the love and support continues to grow exponentially. We believe this was a gift.

Thanks again to all of you who were there with us, for the hugs you gave when we got the news, and for offering to make the trip again if the opportunity presented itself.

Thanks to all of you who were on standby and willing to come at the last minute if needed.

Thanks for those who could not be there but who waited for the news and have since written letters and called any contacts who might be able to help move this forward.

Other good news from this week:

Fellow members of the United Methodist Church of Westlake Village, CA brought a resolution to the United Methodist California Pacific Annual Conference which represents 90,000 members. The resolution said in part:

WHEREAS, all of Brandon Hein's judicial appeals in California and Federal courts to date have been denied and,

WHEREAS, he has already served more time in prison than most actual murderers and has no option for parole under the law. In fact, without intervention he may spend the rest of his life on the Earth in a maximum-security prison.

WHEREAS, We as the Body of Christ, seek justice and compassion for all people: and seek to relieve the suffering of this man, our brother.

THEREFORE IT IS RESOLVED that a letter shall be sent on behalf of the California Pacific Annual Conference of the United Methodist Church to the Governor of California appealing to him for clemency and the commutation of Brandon Hein's sentence so that this injustice may end and he may be returned to his home, family and church.

The resolution passed unanimously.

Our love and special thanks to Steve Blasingame, Robert Calderhead, Catie Coots, Samuel Chow, Gary Alan Dickey, Walter Dilg, Lew Fry, Tom Griffin, Stephen Hansted Meadors, Cavalain Hawkins, George Hooper, John T. Hower, Jim Huang, Brian Long, Margaret Yun and Bishop Mary Ann Swenson
Also, thanks to Don Chapman for suggesting the idea of bringing a resolution to Steve Blasingame and to Steve for writing the resolution.

=============================================================
So here we are again. How could we ever get through this without you?
Brandon sends his thanks and gratitude as do we.

Warmest Regards,
Gene and Janice Hein

Date coming for Oral Arguments

2007-06-13T13:59:00.000-07:00

Hello Everyone,
The date for the oral arguments, June 25th, is fast approaching. We are unlikely to have a response from the court on that day but will receive a ruling on the rebuttals that were filed some time after the oral arguments are made. We'll keep you posted and will update this blog to let you know how it went.

Thanks always for all of the loving thoughts and prayers you have sent our way.
Gene and Janice Hein

Note: Our computer crashed last week and we lost our files and emails. If you're waiting for a response from us regarding anything please write to:
freebh@brandonhein.com

That will allow us to respond to you directly.

New Development in Brandon's Case

2007-05-20T18:20:00.000-07:00

In May Brandon's attorney, William Genego, filed a 65-page rebuttal to the District Court's denial to the last appeal. He has been notified that he and the attorneys representing Jason, Micah and Tony have all been granted their requests to give oral arguments to the court on June 25th.

This will give the attorneys a chance to clarify their arguments and answer any questions the court may have. These requests are rarely granted so we are cautiously hopeful that the court may be willing to reconsider their decision.

Thanks as always for your prayers and support as we continue through the justice system.

Thanks also to those of you who have written letters to Governor Schwarzenegger. If you know others who would like to write a letter on Brandon's behalf but need some help, please see the new link on the "How to Help" page of this website.

Warmest Regards,
Gene and Janice Hein

Appeal Denied - Tuesday, April 3, 2007

2007-04-08T10:15:00.000-07:00

We received the response from the magistrate for Brandon's appeal on Tuesday. After holding on to the case for 28 months, he denied the appeal. We apologize for the delay in posting to the website but we needed to give the news to Brandon on Saturday before we made it so widely known.

Telling Brandon was one of the hardest things we've ever had to do. The price for hope is that the fall is from a much greater height. And yet we do hope. They cannot take it from us. As much as he hates his life in prison, Brandon is amazingly strong. We all agreed that we are more determined than ever to overcome this injustice and win his freedom. Brandon's attorney is filing a rebuttal to the magistrate's response and then we will appeal the case to the 9th Circuit Court.

If you were ever tempted to write to Governor Schwarzenegger, please write to him now. If you have written to him before, please write to him again.
We need you.
Gene and Janice Hein

Governor Arnold Schwarzenegger
State Capitol Building
Sacramento, CA 95814
Phone: 916-445-2841
Fax: 916-445-4633

No news yet 3/7/2007

2007-03-07T18:56:00.000-08:00

No news on the appeal yet. So much for our "60 working days" theory. We have no idea what to expect or when to expect it now. We can only wait and hope as we have for the more than two years since this latest round was filed. Thank you for biting your nails with us. Your emails and prayers are more comforting than you can imagine. Does someone out there have a magic wand they aren't using?
Regards,
Gene and Janice Hein

No news yet 2/18/2007

2007-02-18T18:19:00.000-08:00

Hello Everyone,
No news yet from the courts. The magistrate imposed the deadline on himself and we're wondering if he could have meant "working days" which would put the date of his expected response more toward the end of February. Who knows. We can only hope.
We had a great visit with Brandon on his 30th birthday Saturday. A friend of his from junior high/high school came to visit. They had a so much fun catching up. Brandon hadn't seen Tony since they were kids. Brandon's Mom and Stepdad were there with us too. We laughed a lot and gave Brandon big hugs from us and everyone.
A few people have posted to the blog that they would like to have Brandon's address. We'd be glad to send it to you if you would write to us at freebh@@brandonhein.com. Tell us who you are and we'll reply back with his address.
Warmest regards to everyone,
Gene and Janice Hein

Brandon's 30th birthday

2007-02-07T19:53:00.000-08:00

Brandon will be 30 years old on February 17. It doesn't seem possible. He had just turned 18 when this all happened. We were hoping he would enjoy at least some of his twenties on the outside and still we remain hopeful. We will prevail.
Still no news from the courts. Be assured that as soon as we hear anything, we will update this blog so you will all know too.
Thanks as always for your good wishes and heartfelt prayers.
Gene and Janice Hein

No news yet

2007-02-01T19:05:00.000-08:00

Hello Everyone,
No news yet from the court. We are anxiously awaiting their decision on Brandon's appeal. We'll post their response as soon as we have it.
Regards,
Gene and Janice Hein

A decision soon from the court

2006-12-21T18:38:00.000-08:00

An update from the court tells us that a decision for Brandon's appeal should be returned by the end of January. We are hopeful and terrified while we work hard to focus on what we do want instead of what we don't.

Thank you everyone - friends, family, supporters - all of you who have touched base to say that you are thinking of Brandon and praying for his release. This time of year is hard. In prison there is nothing special to mark the day. The food is as bad as always and there are no celebrations. Brandon loves to receive mail and still, for so many years, he has received cards saying, "maybe this will be your year." Their delivery becomes a marker for another year's passing even while the loving messages support him.

In spite of that, Brandon works to use his time and prepare himself for freedom. It will come. It must. He sends love and thanks and holiday wishes to all who read this and so do we.

Merry Christmas,
Janice and Gene Hein

LA Times - Dad holds hope for imprisoned son

2006-11-17T19:16:00.000-08:00

Al Martinez:
Dad holds hope for imprisoned son
November 17, 2006

IN mythology, Brandon Hein would be the lost soul wandering through eternity, looking for an opening back into the world he was forced to leave.

He would be holding a lantern whose light was growing dimmer with every passing year and with every failed attempt to help him toward a door in the darkness.

The parallel isn't too far amiss. Hein, who will be 30 next February, has spent the last 11 years in prison for being in the presence of a murder.

But during his incarceration, massive efforts have been made for his release. These include newspaper and magazine articles, a documentary film, a play, petitions, his own website and the passions of dozens of bloggers.

I write of him today, as I wrote of him shortly after he was sent to prison, because yet another court decision will soon be forthcoming in his case. Efforts have failed on a state level to have his conviction overturned. His only chance to escape eternity rests in the hands of a federal district court.

Hein was one of five young men involved in a fight that led to the death of a policeman's son, 16-year-old Jimmy Farris, in a backyard Agoura Hills "fort" in 1995. A sixth youth waited in their car, a seventh didn't fight. They ranged in age from 15 to 18.

They had gone there to buy or steal marijuana that the fort's owner, Mike McLoren, was allegedly known to sell. During the fight, Farris and McLoren were stabbed. McLoren recovered. Farris died.

Jason Holland admitted to the stabbing. The others claimed they hadn't even known a knife was present during the scuffle.

In court, one of them, stunned by the consequence of their punishment, remarked in a tone of incredulity, "It was only a fistfight." That didn't matter. Under California's felony murder rule, Hein and three others were charged with first-degree murder because Farris was killed during what was judged to be a robbery. One had his sentence reduced. Only Jason Holland, the killer, and Hein went to prison for life without the possibility of parole.

Hein has become the poster boy for justice in a case grown cold with time's passage. Efforts to free him from prison have refused to die, even as appeals failed.

Public opinion continues to resonate on his behalf, led by legal experts and by his father, Gene Hein. Many point out that the younger Hein, who killed no one, is serving the same sentence as Charles Manson, who was responsible for the murders of eight.

In a documentary based on Hein's situation, "Reckless Indifference," Harvard law professor Alan Dershowitz calls the sentence "disproportional, outrageous, unconstitutional and immoral." A bill by former state Sen. Tom Hayden to revise the felony murder rule died in the Senate. A virtual army of Hein's supporters say that if Farris hadn't been a cop's son, the felony murder rule never would have been applied.

I met with Brandon's father, Gene, a disarmingly soft-spoken man of 55, who has never believed that his son would spend the rest of his life behind bars. He tends Brandon's website with loving care and visits him every other week at the California Correctional Institute in Tehachapi.

"He tries to keep a level head in prison," the father says. "He'll tell you that 90% of doing time is mental. That's not to say he doesn't get angry and frustrated. He has difficult times. He always says it's not hard to get into trouble, but it's hard staying out of it."

Sitting across from him in a restaurant, I wondered at the passion enclosed in this quiet, self-possessed man. His attitude hasn't changed from the first day we met in their well-kept suburban home on Oak Park's Sunnycrest Drive. He laughs easily and often appears to shrug off the darkness that has enveloped his family. But his actions tell a different story.

He has managed to awaken the world to Brandon's case with the determination of a distance runner, even arranging to post his son's artwork on to their website: remarkably evocative pen and ink sketches of rage and sorrow that Brandon has produced in prison. He has learned to paint and cut hair behind bars, and when he isn't doing one, he's doing the other. Time passes easier that way.

The tragedy that embraced seven boys is as much cultural as it is personal, addressing the unevenness of justice in America. The families all lost sons in the brutal enclosure of a suburban backyard. They stumbled into fate's playground, one with a knife, another doomed to feel its sharp edge, and emerged as players in an American tragedy.

In his way, Brandon Hein represents them all, the lonely figure of mythology wandering through eternal darkness, seeking the door that will allow him into the light. Justice for him would also illuminate a law that vanquishes the innocent along with the guilty. The death of Jimmy Farris was a personal tragedy. Existence of the felony murder rule is societal. We are demeaned by its existence.

--------------------------------------------------------------------------------
Al Martinez's column appears Mondays and Fridays. He can be reached at al.martinez@latimes.com.

2006-10-29T11:59:00.000-08:00

Brandon's grandparents live in Oregon and this post is about the love and support their church has provided to them and to Brandon and to all of us year after year after year. There have been some supporters who have been with us without fail and the Calvary Lutheran Church, Pastor Don Carlson, the entire congregation, and the Kurth family are in that category. It's very hard to stick with something in this short attention span world and that makes the gift of steadfast love all the more precious. Our heartfelt thanks to all of you.

From Connie Kurth:
In the beginning of Brandon's problems, Dorie and Jerry didn't talk about it with church friends or with anyone outside the family. I’m not sure when their anxiety over it all led them to open up about it, but it was sometime in 1999 during the Wednesday morning quilting session that a friend of Dorie's approached me and asked me to talk to Dorie and see if there was something that AAL (a Lutheran non-profit fraternal life insurance company) could do to raise money for Brandon's cause. I was active in AAL at that time. At that time I didn't even know Dorie. So, I introduced myself and started talking with her. That soon led to my family getting permission to visit Brandon at Pelican Bay prison. We then started to put information in the church monthly newsletter so that people would learn of Brandon's plight. In May of 2000 we held our first fundraiser for Brandon. We procured raffle prizes from local businesses and had a spaghetti dinner. AAL subsequently underwent a big reorganization, became Thrivent Financial and 2003 was the last year that the organization helped sponsor the Brandon fundraiser. (As an aside, because of their decisions, Butch and I and our now grown children severed all our ties with Thrivent.) The discontinuation of financial support, though, did not end the fundraisers.

The fundraisers have ranged from spaghetti dinners, German-style Octoberfest dinner, ice cream social, and hamburger barbecues. All the events include raffle drawings. From collecting donated items from local businesses, the raffle prizes have evolved to donations from Calvary members, artwork, pottery, needlework, to gift certificates to local restaurants. 60 to 90 people attend the dinners every year and many more people than that participate in the raffle drawings.

The support for Brandon is not just once a year. We have a small table in the narthex where people can pick up a summary of his case and sample letters to be sent to the CA governor. There is also a Change For Justice jar on the table where people drop in money that is sent to the Friends of Brandon Hein on a fairly regular basis. The church has a prayer chain and Brandon is always on that. There is also a prayer group that meets weekly at church and Brandon is always part of that. On Sunday's during the Prayer of the Church, Brandon is always prayed for.

Some might ask, why continue to pray for and offer financial support for Brandon when there are so many other needs and injustices both near and far? I think there are a few reasons. One is that while we know there are many injustices and many people in prison who should not be there, we can't help everyone, but we can help one. Another is that if it were my child or grandchild in this situation, I would want to know that my church was there to support me. Something like this could happen to anyone at anytime, and if it were to happen, we would want to know we had the emotional support of people around us. Most important in my view, is that I believe it offers hope and gives strength to Brandon. How could he continue to have hope if he were abandoned by people and just forgotten about? To always know that he is loved, cared about and prayed for has to help give him strength to go on each day waiting for the day of his release.

2006-10-22T16:55:00.000-07:00

Still no news from the courts. It's been twice the maximum time (approx. 22 months) that any of us thought would have to be endured. We have no choice but to wait and hope.

Brandon's yard is on lockdown right now - no visits for the last three weekends due to a guard being seriously injured. Brandon had nothing to do with this but when it occurs everyone on the yard is punished. Inmates are locked in their cells during these times for most of each 24 hour day and no collect calls can be made to the outside.

Brandon's mom and stepfather, Pat and Norm, tried to see Brandon on October 7 but got only as far as the table in the visiting room before everyone was sent home. Gene had hoped to go up this weekend since we've been out of town visiting family in Maine. Since Brandon's family and friends are his link to the outside world, we don't like to have extended time periods when we haven't connected with him in person. We've written to him and hope to see him next weekend.

On our way to Maine we made a detour and stopped to see Charles and Elissa Grodin in CT. They are two of the most gracious and kind people we've ever met. They are tireless in their support of us and in their efforts to put Brandon's plight in front of the public. We are blessed to know them.

That's all for now.
Warmest Regards,
Gene and Janice Hein

2006-08-27T10:39:00.000-07:00

Still no news from the courts. We wish we had a joyous announcement to plug in here and we don't. Maybe soon.

It's been a challenge to visit Brandon in the last couple of months. There have been non-contact visits due to lockdowns and cancelled visits due to technical difficulties, or job scheduling conflicts. None of these were Brandon's fault but we and the other inmate's families and friends are impacted nonetheless.

What is a non-contact visit?
Normally after submitting a request to visit form at the front desk in the visiting reception area, passing through metal detectors and taking a short bus ride, we're able to sit in a large room downstairs inside a prison building and visit with Brandon face to face. We can even give him a hug when we arrive and when we leave. There are vending machines that we can purchase food and drinks from and this is helpful since we are usually there from 9:30am to 2:45pm. We talk, and tell stories and joke and laugh about things and pretend that our world is still normal. These visits mean a lot to all of us.

Sometimes a yard will go on lockdown. This may be because there was a fight and inmates and/or guards were injured, or the guards may have found a banned item in a cell. While the prison personnel are sorting out who did what they lock down the yard and the inmates are only allowed out of their cells 1 hr in 24. They are fed in their 9 x 12 cells and visits, which take place on Saturday and Sunday, are of the non-contact variety. We must make appointments for these one-hour visits. When we arrive in the visiting area, we are seated on the other side of a glass window from Brandon. There is no phone so we talk loudly through the glass.

Why is visiting cancelled?
This summer the prison has cancelled visits a few times because either an especially serious incident has just happened on a yard or because there is a potential for a power outage or because the plumbing is malfunctioning. This means that we may drive the 2 1/2 hours to the prison only to find we cannot visit at all.

What about job scheduling conflicts?
Inmates must "program" or lose the few privileges they have. They are offered jobs on the yard as porters, or janitors, or barbers for example (electric razors only - no scissors) and are paid around thirteen cents an hour. Often they are scheduled to be on these jobs for at least one day of the weekend. Brandon has been assigned to be a barber and only has Friday and Saturday off. That means we can no longer visit him on Sunday. Since he has many family and friends who are willing to make the drive and take the time to keep him in touch with the outside world, it's frustrating to lose this chance to see him.

In spite of all of this, Brandon is doing as well as can be expected. He's working on a new painting and has many other projects in his artistic pipeline. Thank God for his imagination and creativity. They are life and sanity savers.

One more thing, a few people have asked for Brandon's address at the prison but since these requests were made in the comments section, we would need to post the address on the website to get it to you. We've done this in the past and Brandon gets some really strange mail so please write to us at freebh@brandonhein.com and we will send it to you. Thanks for continuing to send your thoughts and good wishes. Brandon sends his best regards to you all.
Gene and Janice Hein

2006-07-12T20:36:00.000-07:00

It's mid-July and we have nothing new to report on the legal front. That's how it goes for Brandon and for us. We wait and hope.

Brandon continues to focus on artwork, visits, reading, correspondence and exercise. Right now he's reading a book called "Awakening the Mind" (A guide to mastering the power of your brain waves) by Anna Wise. He's hoping to improve his abilities to meditate and focus.

Oh and Hey! There is a new direct email for Brandon's supporters who prefer not to post to this blog: you can write to freebh@brandonhein.com

To answer a few more questions:

Q. Is anything about this taught in college criminology courses?
A. In some cases, yes. A criminology textbook written by Robert J. Meadows, a professor at California Lutheran University, called "Victims and Victimization" details Brandon's case and the sentences that were given in a section called Criminal Justice Injustice. The book can be ordered at www.amazon.com. We have spoken to college criminology classes locally and many students have chosen to present this case to fulfill class assignments.

Q. Have you ever done a billboard?
A. A wonderful supporter with connections in outdoor advertising secured a billboard ad on our behalf. To see what it looks like, you can scroll down the page on this site called "How to Help."

Q. Would it help if Brandon's supporters coordinated their efforts and all did something on the same day like calling the governor's office?
A. It can't hurt. Brandon does have many supporters contacting him, some steadily and some off and on. We would welcome anyone who wants to spearhead this sort of effort to contact us at the email above. Brandon's family has tried many, many approaches over the years and find that we have to conserve our energy and efforts for Brandon's day to day needs but volunteers and supporters are always welcome. Maybe we could do something like featuring the idea somewhere on this website. From the emails we receive we know that those who care about him often check back for updates.

Q. Does Brandon have a good attorney?
A. Yes. He has an excellent attorney named William Genego.

Q. What would it take to get Brandon pardoned by the President?
A. We don't know how that works. Do any of you?

Thanks for your support and thank you always for your kindness.
Gene and Janice Hein

2006-06-06T20:28:00.000-07:00

Hi All,
We appreciate the comments, support and questions we've been receiving. Bear with us. We love this new format but we're still learning how to handle the flow of information. We'll see if we can answer some of the questions we've received so far and will try to do this now and then as time allows.

Questions from Nick:
- Appeal: We wish we knew why the appeal is taking so long but we don't have a clue. It's very frustrating. We are at the Federal level, still it's been about 18 months and it normally takes between 3 - 6 months. Nagging the courts is not considered to be wise so all we can do is wait.
- College degree: Brandon aced two courses (art and philosophy) through the independent study program from Indiana University but at a great cost to himself stress-wise. Each time, he had to use up all of the extensions allowed to complete the work because the people at the prison who were supposed to monitor testing were rarely available and often the prison would reject the "allowed" textbooks so they would have to be sent again. Still he feels good about what he accomplished. Courses like philosophy are not easy to do as self study. For now, he has set the classes aside to focus on art, exercise, and correspondence.
- Teen program: Brandon was involved in the ROCK program (Reaching Out Convicts to Kids) at Pelican Bay but has not had the chance to participate since being moved to Tehachapi. The kids really related to him since he's young and straight forward. He felt like he was making a difference. Over the years, Brandon's also helped the many students who have done reports on his case - approving their applications to visit and patiently answering their questions. It's hard sometimes not to feel like an exhibit, but he's willing to do it because it's something positive in a negative place.

Comments from Toby:
It's nice to hear from you. We'd lost touch with you and hadn't realized you'd moved. We hope you and yours are well. Brandon will be pleased to know he's in your thoughts.

Comments from Sarah W
We are very interested in what you're saying and would like to know more. It's intriguing to know that an officer who used to work with Mr. Farris would give a talk and show a movie on the injustice of Brandon's case. Do you know how we could reach him? On our old site there was an email address where visitors could write to us. I need to ask our wonderful webmasters if it still exists.

Questions from anonymous in May:
Regarding publicity: With the exception of Charles Grodin's play, Brandon would prefer not to do more publicity. There is also an excellent documentary (see the news link on this site) that airs often on Starz and the 60 Minutes II piece was extremely well done. Publicity can be difficult to manage from inside a prison and it's easy to be quoted out of context and end up with negative responses or backlash. Since there have been so many segments and articles on this case over the years, Brandon doesn't feel that there is enough added value in doing more. We agree.

Comments from anonymous in June - and to everyone who visits and/or comments:
We wish we had more concrete ways for you to help win Brandon's freedom but, other than writing to Governor Schwarzenegger (please do!) and spreading the word, we can only tell you that your caring words and thoughts do make a difference to Brandon. He hears about all of you. After eleven years, keeping hope alive can be a challenge and that's where you come in. Thank you, thank you, thank you!

Gene and Janice Hein

June news and Mom's Sunrise

2006-06-04T17:05:00.000-07:00

A little while ago Brandon's mom, Pat, sent Brandon a picture of the sun rising behind her and Norm's house. Brandon's a self-taught artist and has been trying hard to learn to paint for some time now. He has recently gotten comfortable with the medium. As his first finished piece he chose to paint the rising sun with acrylic and water color as a Mother's Day gift for Pat.

Gene and I are Brandon's willing elves whenever needed so we picked the painting up at the hobby desk in the prison reception area and had it framed. We delivered it this weekend. Pat knows how therapeutic Brandon's artwork is for him and still struggles with his darker pieces - they convey his life and his pain so vividly that it's hard to bear. Brandon knows this so this painting, titled "Mom's Sunrise," was created especially for her. You can tell how much it meant to her by the picture in the photo gallery. She loved it!

On another note, Charles Grodin's play, "The Prosecution of Brandon Hein," will be presented Monday, June 5th in New York. Details are available on the media page. From what we hear, the play will be presented on a regular basis starting in the fall.

With regards to the appeal - no news yet.

Gene and Janice Hein