The Hetherington case is a complicated one, but essentially it boils down to a man accused of spousal rape during a bitter custody dispute. The prosecuting attorney used the case to "grandstand" to the feminist vote. He was running for state supreme court (in 1985 this was Robert Weiss). The Michigan State guidelines call for a sentence of between 6 and 10 years. Mr. Hetherington was sentenced to from 15 to 30 years. He has served 13. Over the years Mr. Hetherington was unable to acquire legal defense. His assets were frozen by the divorce court and the criminal court refused to recognize that he did not have the use of those assets. This situation continues to this day. In 1994 Hetherington's case attracted the attention of attorney, Jeffrey Feldman of Miami, FL. Mr. Feldman took the case pro bono. Expenses were covered by donations to the William Hetherington Defense Fund. On January 26, 1998 Mr. Feldman presented the court with a Michigan MCR 6500 motion. This "brief" runs 94 pages and details all of the horrors experienced by Mr. Hetherington under the Michigan court system. Essentially, it asks that either Mr. Hetherington be freed or granted a new trial. Chief among the things enumerated in the brief was the discovery of new evidence (photographs) that directly contradict testimony provided by Mrs. Hetherington and two police officers. This evidence was suppressed by the prosecution at the time of trial. It is now seems apparent that the two police officers may have committed perjury. As of now, Arthur Busch, the prosecutor of Genesee County, MI, has been asked to respond to the brief by March 9, 1998. Originally we had feared that the sentencing Judge, Thomas Yeotis, would just let the brief lay around unread. However, thanks to the efforts of Al Lebow, Fathers for Equal Rights of America, MI, local media was stirred up and pressure was put on the system (through phone calls to the court house) to respond. THE NEEDED LETTERS We need you to write to the County Prosecutor to let him know that the public is watching. You should appeal to him to set Mr. Hetherington free. You should make a point of mentioning the new evidence that has been uncovered. You can also point out that Wil was denied his automatic right to appeal (28 USC 1915) because he had no money. However, also mention some of the major points made in the brief. These are listed below: In the end, we hope that the Hetherington case can be used as a beachhead that will benefit everyone. His case represents what can happen when feminist legislative rape reforms are married to the discrimination carried out against fathers in family court. When the two are combined, this (a Hetherington type case) is what you get. And we must speak out about this! MAJOR POINTS IN THE BRIEF: * Pages 2 through 6 enumerate 11 reasons for a new trial. Pages 6-7elaborate on one major reason for acquittal: The law under which Hetherington was convicted was passed unconstitutionally under the Michigan State constitution. In the last pages of the brief we get a glimpse of the way legislators in many bodies throughout our land "actually" do business. That is to say that legislation is sometimes passed in haste without everybody knowing what they are voting on. * New Evidence - The state concealed evidence - (two police officers at trial lied?) - pages 32, 34-35. Photographs taken by the police and withheld from the defense were uncovered by attorney Jeffrey Feldman 12 years later. These photographs contradict police testimony at trial. What is going on here ? * Ineffective council - The brief enumerates many specifics, but one of the most startling facts is that an appeal was not granted because council failed to pay a $50 filing fee. Page 56. * Judicial arrogance - Judge Yoetis accused Hetherington of being a liar. Bottom of -page 72. The judge was out of line. The prosecution tried to slander his character before the jury by claiming Hetherington is a "cross dresser," which he is NOT! But so what, if he is? The prosecution tried to assassinate his character. * Plea Bargaining - The court was going to set Mr. Hetherington free if he agreed NOT to go to trial. Page 73. They couldn't have considered him to be much of a danger. William refused, went to trial and was sentenced to 30 years. He has already served 13! * Sentencing Violations - Hetherington was sentenced 15 to 30 years where the guidelines call for 6 to 10. Page 70 and 71-74. * Freezing Assets - Hetherington could not defend himself in criminal court because divorce court had frozen his assets. The criminal court refused to recognize this and even went so far as to renege on an agreement to appoint a public defender - pages 24-27, 57-58. * Court Reporter Had Conflict of Interest - Court reporter failed to keep a complete trial transcript and failed to inform the court that she had made a prior criminal complaint against Mr. Hetherington. Pages 65, 69. Special THANKS to Bradley Communications who are donating space in the April issue of Radio and TV Interview Report to William Hetherington's case. THANK YOU FOR YOUR TIME AND EFFORT - Those of you on our letter writing committee will be hearing from Bob McInnes shortly. -Tom Williamson NCFM Electronic Network National Coalition of Free Men E-Mail: [email protected] World Wide Web: http://www.ncfm.org Office: (516) 482-6378 TO ALL FROM Tom Williamson 2/98 - We, the William Hetherington Defense Committee, are once again asking you to write a letter on behalf of William Hetherington (no e-mail). *We need support from those of you living outside the state of Michigan as well as from within - FOREIGN COUNTRIES INCLUDED*. In the past these letter campaigns HAVE been successful, not because the "system" opened up the prison gates, but because behind the scenes these letters have influence and let the authorities know someone is watching. YOUR HELP MATTERS. We need you to act NOW! The week of March 1 is most important. We NEED to tell the prosecutor that we are all watching this case! There has been a breakthrough thanks to Al Lebow of Fathers For Equal Rights America, MI, and follow up is needed. The details are below. Arthur Busch Genesee County Prosecutor Genesee County Court House 900 South Saginaw Street Room 100 - Court House Flint, MI 48502