On August 4, 2026, I went free! The Judge finally signed the order to dismiss my case. However, as I previous reported, the Judge included language in the dismissal could put me in legal jeopardy. We are now faced with the decision to appeal the unnecessary declarations of guilt the Judge used. I spoke with my Appeal attorney, and we are seriously considering joining co-defendant Ed Vallejo in the appeal of this language.
Our appeal would leave the dismissal intact, so there is no concern for my case to become "un-dismissed". The appeal would focus in on the Judge's "guilt dicta" or "declaration of guilt." Here's what Ed Vallajo's attorney said:
Ed Vallejo was innocent before trial and he is innocent now. The Court’s dismissal of the indictment with prejudice based on deference to prosecutorial discretion does not open the door for judicial opinion regarding disputed elements of an offense never finally adjudicated.
The Judge essentially prosecutes the case all over again, quoting the prosecution's claims. However, we are not given the opportunity to defend ourselves. The Judge conveniently leaves out the evidence of witnesses lying on the stand and of evidence tampering.
The Fifth Amendment’s presumption of innocence further counsels against advisory statements regarding culpability based on the trial prosecutor’s version of the fact that have not been finally established to a jury beyond a reasonable doubt and affirmed on appeal.
When the Appeal dismissed our convictions, we became "un-guilty" again. It was as if we were never convicted of a crime. So the Judge cannot treat us as if we were guilty anymore. Yet, this is what he did in his dismissal order.
Pray for us that the Lord would give us wisdom about whether to pursue this appeal and set the record straight.
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