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 & Eiam

Sean O'Brien was wrongfully convicted in adult court in El Dorado County, California and sentenced to Life Without Parole at the age of 16 without a shred of physical evidence tying him to the crime for which he was convicted. Sean and I have been friends since grade school and we were married in 2017. We live and grow together in love with the knowledge of his innocence, our faith, and hope for our future. We embrace this journey, wherever it may take us, cherishing each moment we have together and staying true to our hearts. This blog is about the past we share, our life together and our fight for justice. Thank you for reading. God bless.
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