As I last reported, in December the Second Circuit Court of Appeals orally told the prosecuting attorney that it would be unconstitutional to try to enhance Ken Miller’s sentence if he exercises his right to remain silent at his grand jury deposition. The appellate judges asked the prosecutor to furnish the court with a letter stating he would not attempt to do that.
The prosecutor has since furnished the Court of Appeals with such a letter of assurance. Once they received the letter, the appellate court dismissed our appeal. The grand jury hearing has now been rescheduled for Thursday, January 24. Although we would have preferred to have the hearing postponed until after Ken’s sentencing, we rejoice that we accomplished our primary purpose through the appeal—which was to obtain protection from the government’s threat to ask for enhanced punishment if Ken exercises his right to remain silent at the grand jury hearing.
Please continue to pray for Ken.