An exciting update from Philip Z.

  Earlier in June, as a result of the recently enacted First Step Act, I sent a motion to my sentencing judge pro se to request him to vacate or re-sentence me based on two reasons:

    First, there was an “affirmative defense” included in the law under which I was prosecuted which allowed for a parent to remove a child when there was an incidence of abuse. This means I should never have been convicted based on the merits of the law.

    Secondly, affidavits verifying evidence of such abuse had come into my hands within several months of coming to prison, which I have subsequently forwarded to Judge Arcara.

    This past week, Judge Arcara requested a response to my motion to vacate or re-sentence based on my motion to the U.S. government. The prosecution has until August 3 to respond.

    Keep in mind that the alleged abuse of Isabella Miller was never brought out in my nearly two-week trial. The jury only heard it alluded to in passing perhaps one time, but it would have been easily missed. Many of the hundreds of people who wrote Judge Arcara prior to my sentencing alluded to it, however, as did I at the day of my sentencing. This judge, from what I was told, has never allowed anyone convicted in his courtroom, in approximately 30 years, to go free on bail pending appeal. The probation officer was asking for an eight-year prison sentence and a $50,000 fine.

    But on the day of the sentencing, it was very evident God had moved on his heart. My sentence was three years (the minimum), and the fine a mere $200. He several times mentioned the hundreds of letters and the fact that he had read many, if not most of them, twice. Then, on the next day, he allowed Timo Miller, my co-defendant who had already served eight months in prison, to go free at his sentencing, rather than making him serve more time. He then explained to Buffalo News in an interview something to the effect that we were good people who got caught up in something we shouldn’t have.

    In light of my motion, and these two issues I’ve brought to his attention, please pray with our family diligently that God will indeed speak to his heart once again, and send me home in August. I will be in my eighth month of incarceration.

    Pray that he will recognize the injustice of my case, which would have never happened had it not been for the political nature of it. I am asking God to speak to his heart and that he will heed God’s nudge to say, enough is enough.

    I do not regret this opportunity to spend these months in prison. I believe God has used it in my life and others. Has it been easy? No. Was it as bad as I expected? No. Am I glad for the experience? Yes. Did I learn a lot from the experience? Yes. Would I have chosen to go through it in hindsight? Ask me in a year or two or three. Has God used it to His glory? I believe so, particularly if it encourages others to stand firm for Christ and not cower in the face of persecution.

    Please pray with me and believe in faith, that God will once again touch the heart of Judge Arcara, and not just vacate my sentence, but also dismiss the criminal charges against Lisa Miller, who certainly does not deserve to be a fugitive.

    Thank you so much for your many prayers and support up until this point. God has been moving. Two weeks ago, a judge in the western district of Virginia threw out the lawsuit against us filed by Janet Jenkins. Judge Arcara’s favorable ruling at this time would definitely assist in aiding us in winning the civil lawsuit filed against us by Janet Jenkins in Vermont.

    I know that my God is mightier than all the lawyers of the Southern Poverty Law Center combined. In Him alone there is victory!

    Please pray with us diligently over the course of the next month for Judge Arcara to allow me to go home in August.

In His Service,
Philip