SAFFRON

[sad person 6]

Hello

Just to let you no my brothers appeal date is for 4 feb 2006 (not long)
Would you no if the judge orders a re trial do you think they would let him come home until the re trial or do you think he would have to stay in prison.
Before he was convicted he was on bail
thanks
sadperson

[Saffron]

Hello Sadperson

Great that the hearing is so close. I will keep everything crossed for you.

Assuming your brother has a good custody record, has never broken bail conditions, has a clean prison record, not failed any drug tests, etc, i can see no reason why he should not be allowed to return home pending a retrial.

Of course this all depends on whether the judge does order a retrial.

Your solicitor should make representation on your brother's behalf and ask the appeal court whether he can come home in the run-up to the retrial. You may need to provide written evidence that he has somewhere appropriate to live, and that he will be welcome there. There will certainly be conditions attached, such as not entering a licensed premises. There will also almost certainly be conditions about not contacting his accuser in any way.

Will be thinking of you on the 4th. Good luck.

Saffron x

ps the 4th feb is a saturday, let me know if this is right so that i am thinking of you at the right time!

[sad person 6]

No sorry i meant the 3rd its a friday.
I no he may not get a re trial im just hoping he has been gone 6 months today so he has not had to wait to long.(it does feel like a life time)He can go home but he lives close to the victim so i dont no if they would allow this,but he was on un conditional bail right up to the day he was convicted.
We other brothers and sisters so he can live there or at mum and dads but his wife would prefer if he could go home.
Im just asking ,i should not be thinking about him comming home really just incase it all goes wrong.

sadperson

[Saffron]

Hun, we all need something to hope for. Without hope we don't have anything.
I really want this to go the right way for you.
Bear in mind that a man convicted of murdering his foster daughter was allowed to go home pending his retrial. so why shouldn't your brother be allowed to go home?

The prosecution would have to come up with a really good reason why he shouldn't be allowed to go home. I know that in my husbands case, they raised his fragile state of mind and self harming as a reason why he should have been remanded in custody between conviction and sentencing. but the judge agreed that he had excellent family support, and said he could spend the 3 weeks at home.

Let me know how you get on.

HUGS

[geraldine]

Hello Sad

Good news! I will have my toes, eyes & ears crossed on that date for you & your brother. Its good to see you have some hope, and that there could be a chance for me to get some too. Its a good sign to get this far id say.

As for me, they have moved my boyfriend to another prison, without any prior warning. Hes trying to find his feet & is scared people will bully or hurt him if they find out what crime he is in for.

I had the gruelling task of clearing out his flat this weekend, its made me feel some what empty. But i know one day, i'll be able to give him back his personal possessions which i have packed so neatly & now put away in my parents loft and we'll both be able to share a hard earned smile together. What ever happens between us he'l always be my best friend.

Good Luck, i'll say a prayer for you.

Geraldine [img]style_emoticons/<#EMO_DIR#>/rolleyes.gif[/img]