The Evidentiary Hearing in Summary

State Courthouse January 2017

“The dust has finally settled after the Evidentiary Hearing back in January. While the hearing itself went incredibly well, the month of January was extremely hard on me. Thankfully we are through it and have survived. I am doing much better now and I want to thank everyone for all their prayers and support. I especially want to thank those who attended the hearing; your presence had a positive impact on the CDCR officers who had to escort me and I pray the magistrate felt the same.

In mine and my lawyers’ opinion the Evidentiary Hearing itself went very well. The rest of January was painful, 5 months of filing briefs was difficult to hear but the evidence we proved during the hearing went very well. The magistrate was nice to us. She didn’t deny us anything, she was open to hearing all of our evidence and paid close attention.

The 9th Circuit Court said there is no evidence to refute our claims and the Attorney General presented nothing to refute what we proved.  Not only did we prove all our evidence, we proved beyond all doubt that Clark failed to use any of it; which is serious Ineffective Assistance of Council. On top of proving all this Wellman committed perjury.

There is no way the magistrate can ignore all that we have proven. She is bound by the Ninth Circuit Court’s ruling and cannot simply send it back to them. She is required by law to make a ruling. Realistically we should expect her ruling sometime in July but of course it could take longer.”  written by Sean

Sean’s latest artwork

About Sean & Emelia

In 2003 Sean O'Brien was wrongfully convicted in El Dorado County, CA and sentenced to Life Without Parole at the age of 16. We have been friends since grade school and are now married. Sean and I move forward together with the knowledge of his innocence, our faith in God, and hope that he will rightfully regain his freedom. Until then we embrace our journey wherever it may take us, cherishing each moment we have together and staying true to ourselves. This blog is about the past we share, our fight for freedom, life as it exists for us, and our path toward the future, whatever that may hold. Thank you for allowing us to be heard. God bless.
This entry was posted in Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

w

Connecting to %s