Josh’s Release - Please Join Us!
In the early morning of Tuesday, December 8, Josh will be released from his unjust incarceration in the Livingston County Jail. We anticipate his release to be sometime between 12:15 a.m. and 1:15 a.m., depending upon how long the exit process takes. We encourage supporters interested in greeting Josh to join us at 12:15 a.m. in the lobby of the Livingston County jail. Together, we will peacefully wait for his release.
The address for the jail is 150 S. Highlander Way, Howell, MI 48843. You can park in the front parking lot and enter through the main doors into the lobby.
Questions: Call Matt Eckman at (719) 822-1525.
This is a late-night BYOC event (Bring Your Own Coffee)! Our hope is to encourage Josh with our show of support as he begins the next phase of this battle.
SEEK JUSTICE!
Positive Turn of Events
Today’s hearing yielded an unexpected but positive result. This hearing was to determine how the family reunification plan is progressing. A request was put forth for Josh to have parenting time with Naomi on Christmas Day.
Dody Viola (the family’s social worker) noted that it would be beneficial if she could facilitate Josh and Naomi’s first contact parenting time. However, she will be on vacation when Josh is released and will not return until after Christmas. She stated she could do these first sessions on the 8th and 9th of December prior to her vacation if the court would consider releasing Josh for a couple of hours on those days. The court opted to make things simpler and ordered that Josh be released permanently on December 8th by 9am. This order releases him four days earlier than scheduled and allows him to participate in this very important parenting time.
The court also gave authority to the Department of Human Services (DHS) to designate appropriate friends or family to supervise parenting time. This opens the door for the Burns family to be together on Christmas’s Day, pending DHS approval.
The Burns family is blessed by this development and looks forward to their first Christmas together as a family.
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The Appeals Process
The Appeals Process Explained
We have now entered the appeals process, which will likely take some time. We would like to provide a short explanation of how this process will work. If you are interested, you may also see this process in chart form.
On November 5, 2015, Judge Cavanaugh denied the request for an evidentiary hearing on the motion for a new trial and the actual motion for a new trial.Read more
Today’s Results
Today, Judge Miriam Cavanaugh denied several motions presented by Josh’s attorneys, including a motion for a new trial. At this point in time, we will proceed to appeal both the results of today’s hearing and Josh’s criminal conviction in the Michigan Court of Appeals. Josh and Brenda are not discouraged as these results were not unexpected in this court. The fight continues on and is now in the hands of a higher court – and that’s a good thing for the Burns’ family.
This was a legally complicated proceeding and we will have more commentary on this important hearing at a later time. In the meantime, things continue to move forward. Josh and Brenda appreciate your continued support during this lengthy and trying process.
SEEK JUSTICE
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
Upcoming Court Dates
Sentence Reduction/Day Parole Motion Hearing:
When: October 29 at 1:30 p.m. (Please check the night before to make sure this date has not changed.)
Where: Livingston County Judicial Center
What: Because Josh is unable to engage in reunification therapy while incarcerated, the Michigan Innocence Clinic will argue for a reduction in Josh's sentence and/or grant day parole for the purpose of participating in family therapy.Read more
Torn Family Update
Status of the Appeal: Josh’s appeal has begun. One of the first steps in the appeals process is to seek a new trial in the court that originally tried the case. The Michigan Innocence Clinic has filed a motion for a new trial. If a new trial is denied, the appeals process will move to a higher court. Please join us November 5, 2015 as this motion is presented in court. Details will follow.
Josh’s Release Date: Currently, Josh is expected to be released on December 12, 2015.
Jail visits with Naomi: After Josh’s one glass/phone visit with Naomi on October 1, 2015 at the jail, the judge clarified her previous order stating that parenting time shall not occur at that jail. This means that Josh has not seen and will not see Naomi again until his release. Brenda and Josh are understandably heartbroken, but continue to hope and pray for better days ahead.
With Gratitude: Josh and Brenda greatly appreciate your continued interest and support in their case. Please continue to follow their story on this site, as well as the Torn Family Facebook and Twitter feeds.
Naomi had a great time during her one visit with her daddy. She recognized Josh and continues to watch videos of him reading stories he filmed in advance for her.
A Great Day!
Today, after 546 days of unjust separation from his daughter, Josh was allowed to see Naomi at the Livingston County Jail through a glass window with a telephone receiver.
There were tears of joy as Josh was able to see her in person for the first time since April 3, 2014. Naomi smiled and waved at him recognizing him as "Dada." She ate Cheerios and offered them to her daddy through the glass window. Naomi then poured them all over the floor giving everyone a good laugh. Brenda read some of Naomi’s favorite books as Josh listened through the receiver.
Although this setting was not ideal, Josh and Brenda are so grateful that they could spend time together as a family. This visit took place as part of the family reunification plan and will continue weekly for now. Josh has 72 days left of his sentence and is scheduled to be released December 12th.
Speeches from U of M Regents' Meeting Published
On September 19th, five Torn Family Trustees, along with Melissa Geers, Rosanna Hoffmann, and Brenda Burns addressed the University of Michigan Board of Regents regarding concerns with the way child abuse was being diagnosed.
Dr. Douglas Smith, a retired pathologist from the University of Michigan recorded and published these speeches on his blog, Washtenaw Watchdogs. The videos can be viewed here.
South Lyon Pumpkin Fest: Please Join Us!
What: SOUTH LYON PUMPKIN FEST PARADE
Why: We will walk in the parade to bring awareness to medically misdiagnosed child abuse and how this affects our community with specific reference to the Burns case.
When: Saturday • September 26th • Meet at 9:15 - 9:30 am
Where: We will meet near the entrance to Lyon Trail Subdivision (located on the east side of Pontiac Trail just south of McDonald's). Our exact place in the parade will be announced that day. Parking is available across, and slightly north on Pontiac Trail - in the strip mall lot behind McDonald's. It is a quick walk down, and across the street to the beginning of the parade line-up. See map here.
Additional Information: All supporters are welcome to participate in this event. We need numerous people to march in the parade and help distribute informational flyers, hold signs, and pass out candy. PLEASE BRING YOUR RED “SEEK JUSTICE” T-SHIRTS. If you don’t have one we will have some available that day. You may also just wear a red shirt.
Contact: Questions? Contact Matt: (719) 822-1270
Afterwards: If you would like to join us for a free lunch afterward, we will be meeting at a local home: 630 Kestrel Ridge • South Lyon, MI 48178