Results of Today’s Motions

Both motions presented in court today were denied. Brenda and Josh are understandably disappointed, but certainly not surprised.

Both motions presented in court today were denied. Brenda and Josh are understandably disappointed, but certainly not surprised.Judge Cavanaugh denied day parole for Josh, which would have enabled him to start the reunification therapy sessions with his family. She based this on a technicality that would have required Josh to have requested day parole at his original sentencing. Josh had not gone through the parental termination hearing at that time and would have had no basis for requesting day parole for family therapy sessions.

The motion for early release was also denied. The judge explained the purpose of the early release statute was to reward inmates for good behavior. She then noted that Josh had not simply served his time, but had gone above and beyond. She praised him for his record of good behavior in the jail and efforts in organizing a book drive for the jail library. After these comments, she denied his request noting her downward departure from sentencing guidelines in Josh’s original sentence. Josh’s attorney noted that the early release statue pertains to behavior of the inmate after sentencing.

Please consider attending next week’s important hearing that will determine if and when an evidentiary hearing will be heard on Josh’s motion for a new trial.

SEEK JUSTICE