-------- File contents Farmer Part #2 Steven Farmer update spring 1992 t0 September 1992. Posted by Tom Hicks GLU- Gay Lesbian University/Seattle GLU - Gay Lesbian University/Seattle tomh@halcyon.com Steven Farmer update 1992 #2 continuation of Steven Farmer Part 1 What you don't hear in the main stream press reports: 1. That the case is not over with and will proceed to Federal Court now. 2. That this was not the only appeal. It is the second appeal, and that in the first appeal the same court overturned a forced HIV test that was used to exceptionally sentence Farmer to this outrageous 7.5 year sentence: 3. The fact that the court agreed with Farmer that prosecutorial misconduct did happen regarding Deputy prosecutor Michael Hogan and witness Steven Katz. It is believed that there is a deliberate coverup to protect the career of Michael Hogan. His name has never appeared in the mainstream press, and didn't even appear in the State Supreme Court brief, though the behavior did. The "coverup" is believed to have to do with the King County prosecutor -- Norm Maleng-- current bid for the office of Attorney General. This is called "classic Protectionism." 4. That having the testimony of Steven Katz now expunged is a victory, as was he overturning of the Forced test in the first appeal. The court agreed with the argument that HIV had nothing to do with the charges, but once again refuses to overturn the exceptional sentence. Summary of the latest appeal (personal restraint petition) ------ The court conveniently forgot to even mention that the same court overturned the forced test citing that it doesn't relate back in time and was a blatant violation of Mr. Farmers civil rights and right to privacy. To this day, Norm Maleng's office and deputy prosecutor Rebecca Roe has neglected to even address this issue. They agreed to expunge the Steven Katz testimony, only to uphold the sentence based solely on the proven dubious and scientifically impossible testimony of Jones and Patrick Weller -- thus once again deliberately ignoring the facts in the farmer case as they did in the original appeal. On the issue of the"The Real Facts Doctrine".. That no one can be sentenced to an exceptional sentence based on uncharged facts that the defendant was never charged or convicted of (which was the case with Farmer regarding the illegal forced HIV test and dubious and recanted testimony). The State Supreme Court finally, after refusing to do so in the original appeal and a subsequent "Motion for reconsideration" decided now that it made another mistake.. that Farmer's then attorney Lenell Nussbaum .. did cite specific authority in the original appeal after all... did rule on the issue now in this appeal. Even though this same court had in the past ruled in favor of a defendant .. it now as decided to make Farmer an exception to the rule.. thus now opening up a pandoras box for similar sentences to be upheld, denying a defendant a right to a fair trial and due process of law, and allowing prosecutors to enhance any sentence based on "crimes" that they neither were charged with or convicted of. This denies any defendant, like it did Farmer, to "Equal protection under the law." By the court again blatantly and deliberately ignoring the facts in the Farmer case, it has now made it possible for anyone to have their sentences enhanced 3 fold based on someone's HIV status.. even when the status had nothing to do with the charges or convictions. Farmer is a first time non violent offender who at most would have received a 90 day sentence, as is the law. Most repeat violent offenders, some with numerous past felony convictions, did not and do not receive as much time in prison than what Mr. Farmer received. An example of this "loophole' , now created by the Washington State Supreme Court on the Real Facts Doctrine would be that someone can be charged with and convicted of say .. shoplifting, for up in front of a judge for sentencing .. and the prosecutor can tell the judge.. and perhaps have a couple of "dubious witnesses" to back him/her up, that the defendant also had robbed a convenient store sometime in his/her past...never charge them with that crime much less prove it.. but then have the judge sentence the defendant to 3 times the sentence using that as the reason. This loophole that has been created in the farmer case, now allows for that to be upheld, citing "State verses Farmer" in the Washington State Law books. This case has once again blatantly an deliberately ignored that HIV had nothing to with the "convictions" in the Farmer case, and even agreed to that fact, but still upheld the outrageous exceptional sentence anyway. They did this we believe, because of politics, and once again allowed prejudice and hysteria to take presendence over the rule of law. Farmer was never charged with any crime that could pass any virus. No evidence existed that proved that. Farmer was sentenced to this exceptional sentence based solely on his HIV status, and now that State Supreme Court has passed the way for similar sentences to take place and the upheld on appeal. They have given the go -ahead to this dangerous practice. Farmer was sentenced to an exceptional sentence based on a now ruled illegal test by the State Supreme court .. that proved nothing .. and violating Farmer's rights, and this was allegedly corroborated by 3 witnesses .. Steven Katz, who has since recanted his testimony because he was coerced by Prosecutor Mike Hogan who he was dating at the time. The Supreme's affirmed this fact. The only thing left are the testimonies of Mavis Jones and Patrick Weller... and that testimony had been refuted over and over again by expert testimony, but once again deliberately ignored by this court. They were not going to let Farmer win when there was no current law that would allowed them to uphold the sentence, they created one to make Farmer the exception. Where the case is going now: ------- Farmer has finally been able to exhaust all State remedies.. and can now go forward to federal court. Having the Katz testimony expunged from the record.. was a victory of sorts.. something necessary to do for the expected successful appeal. The issues of Equal Protection under the law, and due process will also be a big part of as subsequent appeal to the Federal Court. We believe that the Federal court will act more responsible than the Washington Supreme Court did. They rarely allow created prosecutor/ press created public opinion and politics and hysteria to enter into their decision something that the State Supreme's and Washington Courts aren't suppose to do either. It has long been known that Washington State doesn't even follow their own laws and make them up as they go along. Farmers attorneys, activists and friends believe that Farmer will finally win this vital fight, which has now been going on for over 5 years, at the Federal level. Farmer's defense fund committee was successful in raising the necessary 20 thousand dollars that was needed to continue this last appeal. The cost of justice doesn't come cheap. It will now cost another 10 thousand dollars to take it the rest of the way to Federal Court. Farmers' supporters, Defense Fund Committee are now launching another fund raising effort on behalf of this case and Mr. Farmer. Two donors who wish to remain anonymous, have pledged that they will match dollar for dollar all moneys raised for this next appeal effort. It is now necessary to take this case one step further. Many have contributed and demonstrated their support for this case and Farmer. We of the Stonewall committee and Steven Farmer defense Fund Committee are committed to carry this fight to the end. All past donations and support are whole heartedly appreciated. Please contribute as you are able. If anyone can donate any time and energy on the Defense Fund team, please call one of the phone numbers below. For more information, please call the Stonewall Committee for Lesbian Gay rights, number listed below as well. KIRO channel 7 was recently was quoted in one of its news segments on current events of the Farmer case that "It is feared", referring to Mr. Farmer, "That he will outlive his sentence and be released to the streets again." We are committed to see that happens. This is not a "Fear" it is called, justice. ------- Feel free to use the above information copy, distribute, publish. Please send a copy of the material as reproduced if printed and or distributed . Thank you. Issued By: The Stonewall Committee For Lesbian & Gay Rights 6727 Seward Park Ave. S. Seattle, WA 98118 206-722-0938& The Steven Farmer Defense Fund Committee GLU - Gay Lesbian University/Seattle tomh@halcyon.com -------