Today’s Hearing Results

The judge heard a motion presented by the Michigan Innocence Clinic to reduce or modify Josh’s sentence in order to facilitate reunification with Naomi. They also requested modifications to certain probation conditions.

The judge allowed important changes to be made to Josh’s probation conditions namely, the removal of the no contact order with Naomi and the elimination of the requirement to complete a “batterer’s program” through LACASA. She also gave the probation department the discretion to determine the necessity of drug and alcohol testing and to approve out of state travel for work. At this time she denied the request for a reduction of Josh’s sentence. This aspect of the motion was denied “without prejudice.” The judge voiced her willingness to revisit this request pending the review of supporting documentation to be provided by the defense.

This was a difficult hearing to sit through as a supporter of the Burns family. Assistant Prosecuting Attorney, Daniel Rose, spent upwards of 20 minutes misconstruing segments of Josh’s psychological evaluations which were the subject of lengthy testimony presented at the termination trial. During that proceeding it was clearly established that Josh has no significant psychological issues.

Next, the court adopted the treatment plan prepared by Josh and Brenda’s attorneys in conjunction with the Department of Human Services. The most notable ruling is that family reunification will be facilitated by a local, licensed family social worker. This social worker will determine when Josh and Naomi have their first contact.

Josh and Brenda are pleased with the treatment plan and are eager to begin the process of reunification.