Trial Day Two
- Published on Friday, 10 August 2012 08:41
8/9/2012
There were approximately sixty people present for the trial today. The security invited us to sit on either side of the court room, as there was not enough room on our side.
The court opened at 9:00 AM. The judge inquired as to whether any jury member had heard of or spoken to anyone of the case. One juror had something to tell the judge. The judge called for a brief recess with the lawyers and jurors. Yesterday one juror was disqualified, leaving one juror as a backup. The juror this morning was also disqualified, leaving no reserve. The judge admonished the jurors of their responsibility in maintaining absolute reserve regarding the case.
The prosecution continued with witnesses by Google and nTelos regarding phone calls made enroute to Niagara, NY; a statement prepared by Rebecca Zodhiatis; Terry Miller, Lisa's father; Mary Jones of Bee Line Transport in regard to the towing of Lisa's car in Virginia; Linda Rose Miller, Golden Rule Travel, in regard to the sale of airline tickets; a statement prepared by Marvin Mast, Golden Rule Travel, regarding some late-night phone calls; Gary Hubbard, of Google, involving record keeping practices for e-mails; Patrick (?) , a linguistic expert in Pennsylvania German to describe translation of certain e-mails; and finished with a video deposition by Timo Miller. This was not finished this evening, and will be finished tomorrow.
We want to especially give recognition to Linda Rose Miller for her part on the witness stand. It was not easy for her. She most certainly credits the grace of God on her behalf, and the prayers of all of her brothers and sisters in Christ. It may be that she will be called to the stand again tomorrow. We ask that you do not try to contact her with any questions or information about the case until she is released from her testimony duties. Keep her in your prayers, especially considering that her father just came through a cancer surgery, and she cannot be there with him.
Many of our readers would have found the Pennsylvania German (Dutch) linguistic expert quite interesting. He is a gentleman associated with a Pennsylvania German Historical society in Pennsylvania. He described his work of translating old Pennsylvania German letters into English, and spoke of the various nuances he encounters in his work. In the course of his cross-examination Patrick made reference to grund-saugh dauk (Groundhog's Day). Has anyone ever seen a high profile federal court in stitches of laughter? The Vermonters knew nothing of the origins of Groundhog Day, Feb. 2. Especially when Patrick related of the eight foot tall groundhog mascot for a males only groundhog society. The court went into hysterics. I thought the one juror lady would be struck out from laughing so hard. Ms. Cawley, the cross-examining prosecutor was over come with laughing. The judge couldn't contain himself, as well as the other lawyers. Ken's Vermont lawyer was wiping tears and wiping his nose. The judge suggested they may need a recess to get this thing straightened out. They finally got their act together and dismissed the Pennsylvania German groundhog society member.
God has been answering prayers, some quite specifically. Pray especially for Bro. Ken and his family; Sister Linda Rose; several others of our brothers who may be called upon to testify; pray for the prosecution and the defense lawyers as the Spirit of God lays it on your hearts.
Trial Day One
- Published on Wednesday, 08 August 2012 22:44
Reminder: Tomorrow is the day of fasting and prayer for this case.
Approximately 50 people were in attendance to support Ken, along with a handful of reporters
Ken and supporters seated on the right; news and prosecution seated on the left
The clerk opened the court, addressing the United States vs Kenneth Miller
The judge addressed the jury, stating the case, and presenting the normal processes of the courts. Several things to note:
- 1.The case will be decided upon evidence- testimonies, admission of evidence
- 2.Both sides will have opportunity to present evidence
- 3.If Ken's side gives evidence, the government will have opportunity to give a rebuttal
- 4.After the rebuttal, the evidence is closed
- 5.Once arguments are completed, the charge is given to consider the evidence; there is nothing about the judge's view of the evidence
- 6.Define the charge that is given
- 7.When the charge is given, it is in your hands
Remember:
- Ken is presumed to be innocent
- They need proof beyond reasonable doubt
- The defendant is not required to testify
The judge stressed that it is not about what you believe about same sex, Amish, or VA's position on same sex marriages.
The prosecution began examining witnesses in the forenoon. They called the following witnesses today:
Witnesses:
- Tara Levine, legal guardian of Isabella
- Went over many documents of earlier court proceedings to show that Lisa was unwilling to co-operate with court sanctioned visitation rights with Janet Jenkins
Rebuttal by Mr. Autry
- Points out documents showing a ruling by the state of VA that Lisa is the sole parent of Isabella
- Showed that Janet showed no interest in establishing a relationship with Isabella other than by litigation
- Burden of proof in establishing parentage was a big topic
Ms. Grainger:
- Intelligence officer from Canada
- Explained records of Lisa's crossing into Canada by taxi
Ervin Horst
- Ont., Canada Pastor/ farmer
- Called to testify how he was called by Ken to pick up Lisa and take her to the airport
- Spoke of conversation with a "Philip"
Janet Stasulli
- An acquaintance from Lynchburg, spoke of her contacts up to the time of Lisa's disappearance. (The defense did not get much from her.)
Verizon wireless
- Explained how the cell phone system works; Reviewed some of Ken's phone calls.
Judge had discussion with the lawyers about Timo's evidence. He knows that the prosecution feels it will be detrimental to their case if his deposition is read in court. He asks that it would be read because it is helpful to the case.
Closed at 3:30
New Filings
- Published on Thursday, 26 July 2012 09:34
For those interested, Ken's attorney has recently filed two briefs, in PDF format below.
BRIEF-IN-OPPOSITION-TO-MOTION-IN-LIMINE
BRIEF-IN-RESPONSE-TO-MOTION-TO-CLARIFY-VENUE
A Day of Prayer and Fasting
- Published on Wednesday, 25 July 2012 12:39
The following was written by a pastor from Ukraine. It is shared here to encourage God's people around the world to unite in prayer for one another and for this case. We stand together in the love of Christ our Savior.
Dear Christian Friends,
Greetings in the precious name of Jesus Christ, to whom someday every knee shall bow!
I shared the need for prayer for the Ken Miller case at our Prayer Service last evening. After prayer in groups, a brother whispered to me that I should give a brief account during the announcements at the end of the service of what happened that Ken Miller is on trial. The congregation was visibly moved as I shared what I remembered of the report below which I had read several hours before the service. When I suggested that perhaps some of us could fast and pray that God would intervene and cause the judge to rule according to Biblical principles, a sister with ten children raised her hand to volunteer to fast. Then another sister, a single converted Jewess who walks with a cane, raised her hand to say she will participate in this fast. Then a brother suggested that the whole church could fast. So we plan to set aside the day of Thursday, August 9 as a day of Prayer and Fasting for the Ken Miller case. This is how God had led us.
After the service I showed the photo of Ken and his wife which a brother sent us yesterday. Upon seeing the photo, several Ukrainians asked, "Are they from the same brotherhood to which we belong?" I answered, "Yes, they are a part of our brotherhood."
For the cause of Jesus Christ,
The Brotherhood of Chernovtsi Evangelical Mennonite Church
May we suggest that God wants some more of us to fast and pray the 9th of August for this case? We are raising our hands with that the sister with ten children and the converted Jewess. With the whole Ukraine church. (Thanks for your example, sister church!)
This is totally voluntary. If you want to fast and pray the 9th, commit to God. (Fasting is most effective if it is secret anyway, right? The Ukraine brethren were not wanting to publish this.)
There is great POWER and BLESSING in fasting and praying. If you commit, God will reward you, and we thank you!
Who is the King of glory we serve? "Lift up your heads, O ye gates... and the King of glory shall come in. Who is this King of glory? The Lord of hosts, he is the King of glory. Selah." Psalm 24:9,10
Let's let HIM in, brothers and sisters! That's the way we lift up our gates and our heads, by fasting and praying. And HE will come in! Halleluiah!
For Jesus!
Trial Dates and Information
- Published on Saturday, 21 July 2012 07:06
Ken and his family traveled this week to attend the pre-trial hearing, and are grateful for the safe trip to Vermont and back. They felt the grace of God in a definite way over the time of the hearing. News reports say Ken is eager for the trial. It would be more correct to say that Ken and his family are greatly anticipating the time when this legal situation is behind them. Until then they simply wish to be surrendered to the will of God and are very grateful for the prayers of God's people being offered on their behalf.
Trial dates are now definite. The trial opens on Wednesday, August 8 and will run that day, Thursday, and Friday. There will be no proceedings on Monday, August 13. The trial will resume on Tuesday, August 14, and run through Friday, August 17. Daily schedule is as follows: Trial opens at 9:00 AM with an hour off for lunch at approx. 12:00-1:00, ending at approx. 5:00 PM. There is a short break in the morning and another break in the afternoon, so that the daily schedule will consist of two sessions in the morning and two in the afternoon.
All proceedings will be held in the Federal District Court in the Federal Building at 11 Elmwood Ave, Burlington, VT, Courtroom 542, Floor 5. The courtroom is open to the public and has about one hundred seats available. All guests should be prepared to go through security and have a photo ID available.
Read here for recent news coverage: http://christiannews.net/pastor-to-stand-trial-on-federal-charges-for-helping-ex-lesbian-who-fled-the-country-with-daughter/ and http://www.burlingtonfreepress.com/viewart/20120717/NEWS02/307170012/Trial-set-man-accused-helping-woman-abscond-child-custody-dispute. For more background on the story see http://www.catholic.org/national/national_story.php?id=35149.
We're still coming up short for the amount of funds we need, which will probably top $100,000. If you feel led to give a large amount, we would save between 1 and 3 % if you would mail the donation. See How to Help for more info. God bless you for your giving and earnest prayers.