The Zodhiates and Miller Sentences

Okay, here's the straight scoop; there will be a lot of details provided later. First of all, Philip Zodhiates won't be going to prison quite yet. By filing an appeal, he was able to bail out for the duration of the appeal process, however long that may be. The specific sentence he's appealing is 36 months for conspiracy to commit international parental kidnapping, with enhancements for coordinating and obstructing, and 36 months for accessory, to be served concurrently, and 1 year supervised release on both charges, to be served concurrently. He was also assigned the minimum fine of $100 for each charge. This was the minimum sentence.

 Timo has been fined $100 and released for time served to 1 year parole in Pennsylvania, where his family will be living until that is over. This was actually below the minimum sentence, both the government and the court having taken into account his 6 weeks of 'hard time' served in Nicaragua.


Timo, freshly changed out of shackles and prison orange, with his family outside the federal courthouse in Buffalo. Refusing to leave his wife's side for their youngest son's birth was the impetus of his 10 months imprisonment. Photo provided.
By the way, all of Timo's financial needs have been supplied, and he has two jobs to pick from waiting for him.

I will start with Timo's sentencing, since that was the shortest--but I won't be able to resist making some mention of the previous hearing along the way.

It's been noted that the Mennonite community has come out in force for these Miller Kidnapping Trial proceedings--with the glaring exception of those related to Philip Zodhiates. It makes one wonder, if Lisa Miller ever comes to trial, whether any Mennonites will see fit to show up--or maybe they will, if at the time she's caught she is still living as a Mennonite. Well, at any rate, about 100 Mennonite men, women, and children (mostly men) showed up this time, barely fitting into the gallery of the courtroom.

I suppose we should start with the Status Conference held last August 27 before Hon. Richard J. Arcara in Buffalo. The Prosecution informed the court that it considered defendants Timothy Miller and Lisa Miller to be fugitives who would not appear. This despite the fact that Timo's lawyer, Jeffrey Conrad, had been in constant contact with the court regarding Timo's willingness to appear if needed, but desiring to have Mr. Conrad represent him in the mean time so he didn't have to keep flying back and forth from Managua for every last hearing. This is quite common; even some of the lawyers involved in this case, spread out as they are across four states, have often appeared by telephone. But once the government declared Timo a fugitive, his name started appearing on wanted lists--Interpol, for instance--which has an office in Managua.When local authorities in Nicaragua came looking for Timo, they were assured that he was quite willing to come with them, if they just contacted him personally.

But they had a strange way of doing that.  Two weeks later, Timo was dragged off his bicycle on a city street and hauled off to Managua's notorious Chipote Prison. When friends arrived to visit him, they were told he wasn't there. This run-around was to continue for the next five days, until his wife was finally allowed in to see him.

TO BE UPDATED . . .

So sorry, folks, I'm taking so long to finish this. I probably bit off more than I could chew, so I'll break into the detailed narrative to give the upshot: Timo was sentenced to time served and a year of supervision; Philip was sentenced to 3 years, on bail pending his appeal. Ken was finally released from federal prison on March 6, 2018.

UPDATE NOVEMBER 2018

Timo's year of parole has ended, but he's keeping a rather low profile at present, so I don't have nay news of his latest whereabouts. Having served out their sentences, he and Ken are no longer active participants in the story. But Philip is. As noted above, Philip Zodhiates had appealed his sentence to the Second Circuit, which was unsuccessful, and he has been scheduled to be sent to prison. His lawyer, Robert Hemley, has appealed the case now to the United States Supreme Court, and requested the imprisonment be further stayed pending the outcome of that appeal. So now the case is in the hands of the Supreme Court.

UPDATE DECEMBER 8, 2018
Philip Zodhaites is now in a federal prison in Kentucky. After federal appellate judges refused to hear Zodhiates’ last appeal in October of this year, his attorneys began to prepare an appeal to the U.S. Supreme Court, and asked the court for a stay of sentence pending the filing and the court’s ultimate decision. Although Justice Ruth Bader Ginsburg turned down the request for a stay of sentence, Justice Neil Gorsuch decided to place the petition for the stay of sentence on a list of conference items for January 4 of next year, allowing all the justices to vote on the matter. In the meantime, it appears, Zodhiates will remain in federal prison. The composition of the Supreme Court has certainly changed since this case was first brought before a judge, and that may make all the difference. I'm almost certain, for instance, that before this legal battle is over there will be one less homosexual advocate on the Court. But we'll see.

Update December 22, 2018
Since any people come directly to this page from a link, I'm writing here to let you know that I put up a new post today with links to an interview with Philip, in which he disclosed some of the financial cost of his legal battle: he's spent over a million dollars on lawyers, and some of his customers apparently have been taking advantage of his situation not to pay him what they owe for his services. He also states that Lisa Miller's lawyers could have done a lot better job keeping her in legal custody of Isabella.