People come to this blog seeking information on Albinism, the Miller kidnapping saga, the Duggar adultery scandal, Tom White's suicide, Donn Ketcham's philandering, Arthur and Sherry Blessitt's divorce, Michael Pearl's hypocrisy, Barack Obama's birth, or Pat and Jill Williams; I've written about each of these at least twice. If you agree with what I write here, pass it on. If not, leave a comment saying why. One comment at a time, and wait for approval.
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Monday, 25 November 2024
Jenkins v. Miller et al update
First of all, we learn the reason Lisa Miller is no longer named in the lawsuit: she settled privately, on the grounds that she waive her attorney-client privilege. Having accomplished that, the fight has moved into the area of just how much privileged material has to be provided. Lisa's legal team is arguing that her journals, retained by her lawyer for safekeeping, should be excluded, on the grounds of the right to personal privacy, and in a stroke of pure irony, they cite Griswold v. Connecticut, the Supreme Court ruling on birth control that opened up the way for Roe v. Wade and Obergeffel v. Hodges. The court shows the difficulty of settiling these issues ahead of the trial, giving us some clue as to why the lawyer fees continue to rack up without much progress. We are, as it turns out, on rather uncharted ground here.
"It is challenging to formulate a discovery plan that allows disclosure of the relevant portions of the journals while simultaneously protecting Miller's privacy. The journals likely contain private information that is irrelevant to the case. See, e.g., ECF No. 794 at 2 (Miller declaration stating that the journals contain “intimate details of romantic relations, financial struggles, personal reflections, and reflections on [her] day to day life”). On the other hand, for the reasons outlined above, they also likely contain private details relevant to the alleged conspiracy, including Miller's “spiritual beliefs” and even her “legal struggles with Ms. Jenkins.” --Jenkins v. Miller, 2:12-cv-184, 15 (D. Vt. Jun. 26, 2024)
What's particulary bizzare is that the court pages aloud through some of the allegedly privileged information, musing as to whether or not it should be allowed to be brought up at the trial--at the same time publishing it for all the world to see. In the end, it allowed the litigant to almost entirely pierce the veil of secrecy customarily allowed to a defendent in communication with his defense team.
And, despite Isabella's depostition that she is in no way having her interests defended by this proceeding, they still continue the legal fiction that this is all in the best interests of the "kidnap victim."
At last report, all defendents and ex-defendents who were overseas at various stages of this legal saga remain the the US pending outcome of the case.
Sunday, 15 September 2024
Miller Trial Update
I do know that Christian Aid Ministry managed to get removed from the case very early on, apparently because they had no organziational knowedge of, or involvement in, the tortious action. Lisa Miller is even off the list, apparently because her daughter testified that she doesn't consider being raised by her own mother to be kidnaping. It's still "v. Miller et al" because two of the remaining defendents, Ken and Timo, are Millers. The most recent court document I could find on the case is this one, from June, in which the plaintiff requests summary judgement (it was denied). Interesting, isn't it, that the Southern Poverty Law Center, which was founded to defend civil rights advocates against persecution in the American South, is now the primary law firm for the plantiff's attempt to persecute Christians in Virgina.
Tuesday, 23 February 2021
Lisa Miller, a sister in chains
Here is the text of the latest letter from Lisa Miller, via Pablo:
Dear Brethren and Friends,
Greetings in the name of our Lord, the ONE Who is All-Knowing. I greet you today from the Florida Detention Center in Miami. I arrived here on Jan 27 and I am still in quarantine -- day 21 (my bunkie tested positive for COVID, so instead of being released, today I took another swab COVID test and will wait for the results right where I am -- in quarantine.), in a 2 bunk, approximately 14 x 7 feet cell which is locked 24/7.
My food is served through a 12 x 4 inch slot (within the main door) which is also kept shut and locked except when used to pass items such as mail, clothes and books from guard to inmate or when we needed to be handcuffed (we turn our back to the door, stoop a bit and thrust our hands through the opening).
I am so grateful that God knows all I need. Even though I am in prison, God has blessed and spoiled me with rest and quietness after the experiences of being propelled through the realities of being handcuffed by marshals (I had 5 escorting me at one point!), patted down, strip searched, questioned endlessly, fingerprinted at every "station" of processing, and other such memorable actions before being placed in cell 31 of the Solitary Housing Unit (SHU) (in lieu of being brought directly into the women's unit). My God knows just what I need.
Thank you to all who have written to me. Words cannot express enough how I have been encouraged and built up in Christ by your kindness. Even though you may not receive a personal thank you, (I am limited to how many stamps I can order per month and I am not permitted to receive stamps from the outside), please know that you have blessed me by your letters of encouragement and with your prayers for both my daughter and me. THANK YOU!
Please continue to pray for my daughter. Even though I believe God IS taking care of her she still needs the prayers of His people. I miss her! Even so, I feel comforted knowing that she has prayer coverage.
Please continue also to pray for me. Pray that I will "make myself a servant to all, that I might win more of them" (I Cor. 9:19b), and that I "give no offense to Jews or to Greek or to the church of God" ( I Cor 10:32). Personally, I have prayed (for years) that God would put me in the places where He wants me to be; consequently, I know that I am to be here. Please pray that I honor God in His choices for me.
In His Service,
Lisa Miller #27502-509 [note this number is different than provided on previous newsletter]
P.O. Box 019120
Miami, FL 33101
**Important: Please note my current direct address. If you do not use this address with my correct prison inmate number of #27502-509, I may not receive my mail. :(
Thank you!
Also, do not only put the name, address and prisoner's number on the envelope, but also directly on the letter or card you send.
++++++++++++++++++++++++++++++++++++++
And an update on Isabella:
https://www.eagletimes.com/ap/now-adult-in-same-sex-custody-battle-seeks-removal-from-suit/article_83fe3209-85e5-55c8-89e2-7c83a7061576.html
The now-18-year-old woman at the center of a yearslong, same-sex custody dispute that spanned Vermont to Nicaragua said in court documents filed Wednesday that she wants her name removed from a 2012 civil lawsuit filed in her name.
Lisa Miller is facing federal criminal charges in Buffalo for taking Isabella Miller to Nicaragua in 2009 rather than sharing custody with her former civil union partner, Janet Jenkins, of Fair Haven, Vermont.
In affidavits written and signed last month by Isabella Miller in Managua, Nicaragua, and filed in federal court in Burlington, Vermont, on Wednesday, the now-adult says she has been “happy, safe, healthy and I have been well cared for” since arriving in Nicaragua.
Isabella Miller said she remains outside the United States of her own free will.
“If (and when) I desire to return to the United States I will do so,” she said in the affidavit filed by Vermont attorney Deborah Bucknam.
Friday, 29 January 2021
Lisa Miller's Legal Battle Resumes
Monday, 18 January 2021
BREAKING NEWS in the Miller Kidnapping Case!
Dear Brethren and Friends,
Greetings in the name of our Lord- the One who is All- Powerful and All- Knowing. I praise Him for providing for, protecting as in a cloud pillar, and sheltering my daughter, Isabella, and I these last over 11 years as I have been raising her for Christ in an undisclosed location. She is now 18 and free from the court rulings that I disregarded that stated that she was not to be taught the sacredness of marriage according to God:
Haven't you read that the Creator made them male and female... for this reason a man will leave his father and mother and be united to his wife, and the two will become one flesh? So they are no longer two, but one flesh. Therefor what God has joined together, let no one separate. (Gen. 2:24, Matthew 19:3-6, Gen 1:28, Eph. 5:31-32)
and from where I was put on the stand for the day concerning my Biblical conviction of how to raise my daughter due to being accused of “emotionally abusing” her with my belief of the two kingdoms- the kingdom of God and the kingdom of this world.
Today, January 18, 2021, I am voluntarily surrendering myself to the U.S. Authorities by walking into the U.S. Embassy in Nicaragua.
Isabella and I will be walking in together; however, we do not know what will occur, especially since neither one of us have current paperwork. We covet your prayers with our following concerns: that we could travel together to the US and that she could find a home that supports her convictions.
In addition, I ask you for prayer specifically for me to honor and to glorify God and for my health. Thank you in advance for your prayers. May our Lord be further glorified in this matter.
For His Honor and Glory,
Lisa Miller
Psalm 91
Editor adds:
Lisa forgot that Monday was a holiday back in the US, so the embassy was closed. She tried again Tuesday; Isabella was issued a temporary US Passport, and Lisa was taken into custody. They weren't sure what to do with her, but she begged them not to turn her over to the Nicaraguan authorities, who are known for their cruel treatment of Timo Miller for his part in this case (as recognized the the federal judge in Buffalo, who reduced his sentence to time served because of it).
Tuesday, 6 October 2020
Lisa Miller update
Even though, as I pointed out in a recent post, her daughter is now of age and free to resume enjoyment of her American citizenship, Lisa Miller is still a wanted felon. News out of Nicaragua is that the federal authorities have committed resources to putting pressure on people thought to possibly be hiding them, even to the point of arresting and interrogating an American citizen. To the extreme frustration of all involved in the hunt, and despite winning convictions and harsh prison sentences for all charged with their escape, every attempt for the last several years has failed to uncover anything new. It is as if the Millers had vanished into another dimension.
Monday, 10 August 2020
The Elizabeth Smart Effect
Elizabeth Smart is an amazing woman. Abducted at age 14 through her bedroom window one night by a drifter whom her father had hired for some odd jobs, she spent the next nine months being raped several times a day. When she was finally found by investigators hidden in plain sight on the streets of Sandy, Utah, she had been so utterly brainwashed that, thinking her family would never take her back, she initially refused to even admit who she was.
But from that low point, she made an amazing comeback. After making up the year of school she'd missed, she went on to graduate from BYU and flew back from a Mission in France to testify at her abuser's trial for kidnapping and rape. Then, incredibly, she became a journalist for NBC, interviewing women like her who had been kidnapped by sexual abusers. Unlike abuse victims who desire anonymity, she has never been afraid to tell her story and in fact used it to catapult her to national attention, using that platform to advocate against sexual assault.
In honor of Elizabeth and her willingness to share every facet of her horrifying experience, I'm naming a little-understood phenomenon after her: The Elizabeth Smart Effect. Simply put, this is the tendency of traumatic rape victims not to have functioning reproductive systems during the time they are under the control of their abusers. Despite the daily rapes, Elizabeth never fell pregnant until after she had married her legal husband. How could this be?
Some may offer the obvious answer that her abuser wasn't fertile himself, and was thus unable to impregnate her. But what about numerous other victims who demonstrate the same effect? In The Slave Across the Street, Theresa Flores relates her experience of serving as a teenage concubine to an entire underworld crime network for over a year--without ever falling pregnant. And the anecdotes are countless; despite pregnancy resulting from single rapes that happened to coincide with a woman already being fertile, rapes that are part of an ongoing abusive situation really do sometimes seem to shut down a woman's reproductive system, so that she never does go through a fertile cycle until the abuse ends.
More study on this is definitely needed--but will it ever come? The political establishment, particularly the pro-abortion wing, clings desperately to the idea that women who are raped NEED the option of snuffing out of any life that results from that rape, and anyone referencing the Elizabeth Smart Effect is likely to get shouted down--or, in the famous case of Todd Akin, even voted out of office just for mentioning it. If there is a biological phenomenon behind the Elizabeth Smart Effect, isolating it, describing it, and publishing it will face some formidable political hurdles.
Monday, 13 July 2020
Another One Gone
Someone has suggested, tongue in cheek, that the head covering may have a similar magical quality as that found in Sampson's hair--that is, one is powerless to abuse a girl so long as she remains covered, but if he can in any way get the covering off her, she's fair game. I don't think that theory will hold any water in Linda's case. She appears to have come under Justo Smoker's power while still fully dressed in her church outfit.
Monday, 20 April 2020
Happy Birthday, Isabella!
The following has been circulating in emails to those following the Miller Kidnapping Saga. I reproduce it without the variously added comments:
Isabella's story:
When she was 9, her mom fled the United States with her for parts unknown to everyone except the people that helped them escape the judicial tyranny of the Vermont Federal Court. Let’s hear the story in Isabella’s own words:
"You see, my mother (before I was even a thought) had a lesbian relationship with another woman and they went to Vermont to get a civil union because same-sex marriage had not yet been legalized in Virginia. I was born in Virginia in 2002, and my mom, Lisa, is my birth mother. Janet Jenkins was ‘my other mother.’ Something marvelous happened to my mom – she was gloriously saved and became a committed Christian, leaving the homosexual lifestyle, dissolving the civil union, and that’s when all the trouble began. Janet wanted visitation with me. She wasn’t my real mom; she wasn’t even a relative; in fact, given the opportunity twice, she refused to adopt me. So the court battles began – first, in Virginia, then in Vermont, then in Virginia, then in Vermont and on and on. Visitation was set up and began erratically and haphazardly – missed visits, miscommunications. Finally, there were unsupervised visitations. As a 7-year old, I started wetting the bed, having nightmares and wanting to commit suicide; I was under terrible emotional distress, which the courts totally ignored. My mom stopped the visitation. The judge in Vermont was not happy, and he was going to give me to Janet as a result of my mom’s disregard for the court orders. On September 27, 2009, my mom and I fled the country."
Tuesday, 20 August 2019
An opportunity to help one of the defenders of Isabella Miller
This is the message I received:
IF WE CAN PAY $42,000 BY SEPTEMBER 1ST, THE ATTORNEYS WILL CUT $39,000 OFF THE REMAINING AMOUNT OWED!
If you have ever thought about donating to Philip's attorneys' fees, now is the time to maximize your donation!
Lisa was in a lesbian relationship, got a civil union in Vermont, had Isabella in Virginia, got gloriously saved, dissolved the civil union. Janet Jenkins filed in Vermont for parental rights and visitation. Judge granted both, although a Virginia judge had declared Lisa Isabella's only mother.
Lisa allowed the visitation for a while, but discovered Isabella was being sexually abused. After years in the court system (from 2004 - 2016),
The sexual abuse was never allowed to be presented in court; thus, Philip was convicted of Aiding International Parental Kidnapping. Mind you, Lisa had full custody of her daughter and their passports, and she was under NO travel restrictions.
Thank you!
Janet Stasulli
Co-Founder and President, 419 Fund
"But my God shall supply all your need according to His riches in glory by Christ Jesus." Phil. 4:19
July 17, 2019
Wednesday, Day 225
Today is my 64th birthday and I’m not in the least bit discouraged or depressed. The Lord God Almighty has provided me with the best birthday gift imaginable.
I began my day, as usual, awakening between 7 and 7:30 am, walking downstairs to fill my “whirley” with hot water for my morning instant coffee, and then went to send Kathie my ritual good morning email. I had six emails by 7:30 this morning – two emails from Kathie telling me happy birthday, and an email from my sister Lois, my daughter Victoria, and one from Janet Stasulli of the 419 Fund, all telling me happy birthday. But these emails are not what I’m referring to. “E” got on the terminal next to mine and said good morning, and that he’s trying to “figure out” his girlfriend. I asked him, “What do you mean?” He accepted Christ not long after I arrived, and has been faithful never to miss a Bible study or prayer ever since. I’ve seen a remarkable change in him, thinking back on it.
“E” replied to me, “She’s become all ‘Christian-y.’ I talk to her on the phone, and she’s different. She doesn’t curse anymore. I’ve changed, and she’s changed. I’ve said I don’t want to be unequally yoked, and so she’s changed. Maybe my daughter will change too. It’s a really good thing.”
These few words made my heart leap for joy. Because I am beginning to see the multiplying effect I’m praying will happen through the lives of these men I have befriended. Who knows what God might do!
I got back to my cell, rejoicing in the Lord, and picked up “The Daily Bread” devotional, which I get from the chapel. Today’s Scripture was from II Corinthians 2:1-17, “But thanks to God, who always leads us in His triumph in Christ, and MANIFESTS THROUGH US THE SWEET AROMA OF THE KNOWLEDGE OF HIM IN EVERY PLACE. FOR WE ARE A FRAGRANCE OF CHRIST TO GOD AMONG THOSE WHO ARE BEING SAVED AND AMONG THOSE WHO ARE PERISHING; to the one an aroma from death to death, to the other an aroma from life to life. And who is adequate for these things? For we are not like many, peddling the Word of God, but as from sincerity, but as from God, we speak Christ in the sight of God.”
This has been my prayer since I arrived in prison: that others would want what I have – the peace that surpasses all comprehension (Philippians 4:7).
The Holy Spirit then instantly reminded me of two other encounters I had yesterday, where God was subtly trying to tell me my time here at FCI Ashland is not for naught. The first was around 1:00 pm when I was walking the track in the rec yard with “Texas,” who’s been “dumping” on me about his significant anger problem and being constantly bothered by the numerous demons flying around this place. He’s angry because he says he doesn’t deserve to be in prison, nor do I, and that we are both here because of political vendettas. I always just listen to him but tell him when one gives his life to Christ, He will remove the anger and make him a new person. At one point he said, “You never get angry about anything, do you? Not even about having to be in this place?” I said, no, I know God has me here for a purpose, and I need to make the most of it. I used to have an anger problem when I was a young boy but realized when I became a teen that my anger was always getting me in trouble, and it was something I could not control. So, I told God it was something I couldn’t deal with and asked Him to take it away. And He did! This morning, “Texas” told me that he indeed asked Christ into his heart. He’s been telling me for weeks that God put us both here in this prison for him, so he can get his life right with God and turn it around.
Then I also remembered what one of the Christian brothers who is living in “C’s” unit told me at supper yesterday when I asked if “C” found out when he is leaving for the camp in Indiana. He told me it won’t be until August, but then he told me, “You know since ‘C’ moved back to R unit, I’ve seen such a big change in him spiritually!” “C” is another who has told me over and over again that God allowed me to come to prison so I could meet him and be friends with him for the rest of his life. The fact that this brother would tell me how changed “C” is now thrills my soul!
My current cellmate, “JB,” also just told me this week that God keeps bringing people in his path here in this prison he can learn from. He found out today he is leaving soon for a camp. I had prayed over him for that!
Today my class was canceled, so I went outside to do my 2 ½ mile fast-paced walk and ended up walking about 3 ½ miles with “J,” my former cellmate. He, too, reminded me today that God brought me here to this prison just for him! I said that’s what “Texas” keeps telling me, too. But he retorted, “Yeah, but I told you that first!” “J” is even fasting now two days a week!
So, I praise God today that despite the fact I sometimes get discouraged, apparently the sweet aroma of the Lord is manifesting itself through me to others around me and is even beginning to spread to others outside these prison fences. To that, I just praise and rejoice in the Lord. God has given me the greatest gift I could ever imagine – His sweet aroma manifesting itself through me!
To top it off, “C” made me a delicious cheesecake in celebration after chow tonight, and “J” gave me a leather cover he had made for my radio in hobby craft. They and a handful of other men, including “E,” sang happy birthday and we enjoyed the cake and fellowship. I had two pieces!
In His Service,
Philip
Friday, 19 July 2019
An exciting update from Philip Z.
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
Thursday, 9 May 2019
A Life Sentence for Flying a Plane
Saturday, 22 December 2018
The Travesty of Justice that is the Miller Kidnaping Case
Notice that the Justice Department was able to get the courts to suppress affidavits both damning to Janet Jenkins and supporting of Philip Zodhiates; to keep his trial from being held where the alleged conspiracy actually occurred (where he was much more likely to get a fair trial); to have the trial held where an impartial jury would be harder to find; and made sure that even then, no one approaching the status of the defendant's peer was allowed to serve on the jury. It was a travesty of justice from beginning to end, with Janet Jenkins even using civil discovery to feed incriminating information to the prosecutor.
This is not about a child being taken away from her parents. This is not about conspiring to violate a federal law (no evidence was raised in the trials that any of the defendants were aware of the law they were sentenced under). This is about an abused girl trying to escape her abuser, and the goverment, guided by the LGBTQ agenda, sparing no expense at preventing it, and punishing to the utmost all who helped her escape.
Isabella is already 16, the age at which a child in many states can finally choose which parent to live with. In a little over a year, she will be old enough to nullify any custody order, no matter how austere. But under today's suppression of adulthood responsibility, she will not be totally free of the Vermont court's decisions until she graduates from college or turns 26. So there's little chance of her coming out of hiding any time in the near future. May God protect her, and her longsuffering mother, in the meanwhile.
UPDATE MARCH 8, 2019
Philip's appeal was turned down by the Supreme Court. He will spend the next couple years in prison.
Wednesday, 22 March 2017
The Zodhiates and Miller Sentences
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.
Wednesday, 12 October 2016
Timo's Trial
Timo's detention hearing was scheduled for 2:00 p.m. on October 12--then bumped to that time on the 14th. Carl Swartzentruber sent in this report: “God was very good to us, and he did answer prayers in the court hearing. The judge was very friendly and gracious. The decision was to not ask for pre-trial release for now. Jeff Conrad, Timo’s lawyer, talked to Timo about this and Timo agreed. At this point they are going to pursue a plea-agreement and negotiations are ongoing. Timo was in good spirits. He looked in good health and good condition all the way around. He was very happy to see us all there and came out with a big smile on his face. It was good to see him again as well. The judge also asked that Timo be moved to a prison closer to Lancaster County for Jeff Conrad’s sake. That was interesting and very gracious. We just felt like God was there and blessed. There was a good spirit in the whole proceeding. Now we need to pray for the ongoing negotiations so that God works everything out the way he wants it.”
A website has now been set up to collect donations for the expenses associated with Timo's legal process. Of all things, it was false charges of child pornography that got Timo whisked off a Managuan street in thrown in the dungeon. What a case of projection.
“We probably couldn't have extradited you. But that doesn't mean we couldn't get you. When we really want somebody, we work with our friends, in whatever country we happen to be. A few phone calls, a little back-and-forth, tit for tat. We get them to cancel your immigration status, and next thing you know, you're being deported.” --American officer David Foster in Straight Flush by Ben Mezrich
UPDATE NOVEMBER 30
Timo had his day in court, and Carl has sent in another report:
UPDATE MARCH 1
Timo's wife and children have been provided a home in Lancaster County, PA which is still quite a ways from the Youngstown, OH prison where he has settled down for the time being. This is his address:
Timo Miller 78268083
North East Ohio Correctional Center
2240 Hubbard Road
Youngstown, Ohio 44505
Friday, 30 September 2016
The Plight of the Righteous Defendant: the case of the Miller Kidnapping Trials
Here it is.
I first of all refer my readers to a post from 2007, which I ended as follows:
This truism is no better exemplified than in the Miller Kidnapping Case, which is--contrary to the federal government's claims--all about a girl being kidnapped from her mother. Well, yes, that is what the government says it's all about, but they have the wrong mother in mind.When what used to be considered wrong becomes lawful, sooner or later what used to be considered right becomes unlawful.
It's happening.
Janet Jenkins is not Isabella's mother, nor has she ever been. She did not conceive her, did not nurture her either in her womb or at her breast, did not give birth to her, did not sign her birth certificate, was never even named on her passport application. Lisa Miller is the only mother Isabella has ever had or known, and this kidnapping has always been about Janet using the full force and power of the United States Government to steal a child away from its mother through the legal fiction of declared parenthood. Now that we've clarified that, we can continue with our evaluation of the trial.
So far the parties to this case have decided to go with jury trials. This is usually good business for the lawyers, as jury trials always take a lot longer then bench trials. But it's not usually very good business for the defendants, as we can see from the very recent results of some celebrated trials in Baltimore. I quote:
Baltimore Circuit Court Judge Barry Williams acquitted Rice in a bench trial. Williams also has acquitted Officers Edward Nero and Caesar Goodson in separate bench trials. Officer William Porter's trial ended in a hung jury in December.Notice that the one defendant who put himself at the mercy of a jury barely escaped, while those who put themselves directly at the mercy of a judge were all acquitted. There's a reason for why this could happen, and it's called voir dire. That's the legal name for the process by which the prosecutor systematically excludes everyone from the jury who might be counted on to acquit. Since this process isn't perfectly predictable, and prosecutors don't always know exactly what questions to ask every time, every once and a while a rogue juror slips through to throw a spanner in the works. But in most cases the prosecutor ends up with exactly the jury he wants--and needs--to secure a conviction.
Mr. Grimshaw was convicted in a bench trial back in 2007, but it wasn't his point to be acquitted. He wanted to preach holiness in the courtroom, and not having a jury to preach it to detracted very little from his goal. Now, there has been some open mention of the gospel in the Miller proceedings, but usually by a witness, and only tangentially by an attorney; never by the defendant in a closing statement to which the opposition cannot easily object. In a trial where conviction is pretty much a foregone conclusion, a righteous defendant forfeits a powerful pulpit by exercising his right to silence, and I hope that future righteous defendants--and there will be many--will take heed to the new way of doing things, and take their lead from Mr. Grimshaw, not Mr. Zodhiates.
The lawyers carefully hired by Philip Zodhiates mostly fell into the trap of trotting out their usual tricks, and I have to say to his credit that Prosecutor Paul van de Graaf easily ripped them to shreds before the jury (when the judge himself wasn't, after dismissing the jury yet again, reprimanding the defence for even attempting them). Yes, the prosecutor used some tricks of his own, but with such class and style that none of them even met with immediate objection. Even the perfunctory motions to acquit for lack of a case, duly offered by every defence attorney since time immemorial, showed, in this case, a disconnect with the reality that the defence did not dispute the facts that had been presented by the prosecution. This is what happens with defence lawyers who have made a career of trying whatever tricks they can to win acquittal for someone who is actually guilty of evildoing. But people need to learn a new way of doing trials in this new world where wrong has become right, and the sooner the better.
What this will require is a new breed of lawyers. I was most impressed in this trial, at least on the defence side, by the performance of David Boyd. He's been cited as "a rising star" by the legal profession and, once he has his own law firm and doesn't have to toe the line drawn by the old school, I can see him excelling at the new reality. For example, from the time the prosecution rested until the closing arguments had ended, the only motion floated by the defence that was even entertained by the judge (other than a few of the many objections being sustained, as could have been expected) was Mr. Boyd's claim of a legal falsehood in Mr. Van de Graaf's closing argument.
Mr. Van de Graaf had to demonstrate to the jury that Mr. Zodhiates, although never having set foot in Vermont in the commission of his crime, was still bound by the decisions of Judge Cohen in the Vermont family court. He dismissed all the legal decisions in Virginia--nineteen in all, extending from 2004 all the way to 2010, after the facts on the ground had already rendered them moot--as having no bearing on the case. They were "a dream, a wish, even a prayer."
But after all the arguments were over and the jury had been sent home for the day, Mr. Boyd pointed out to Judge Arcara that Lisa Miller's case against the state of Vermont had been referred [as the Constitution stipulates it should] to the Supreme Court, and had that august body ruled her bound to the the laws of the state in which Isabella lived, rather than the state in which Janet Jenkins had been ruled to be Isabella's parent, it would in fact had rendered all six Vermont decisions inapplicable. Had the Supreme Court not declined to hear the case (poised as it was to overthrow all bans to parental claims such as Janet Jenkins asserted, like the one in question in Virginia), this trial may well never have happened. The judge was caught off guard by Mr. Boyd's citation of USC 1204 and its case law stipulation that only the laws of the state of residence are to apply in international kidnapping cases, and agreed to consider including that information in his charge to the jury--for all the good it may have done, as we have seen. But it does show the wisdom of hiring someone who closely followed the prior trial, where this argument was previously made.
There were four co-conspirators indicted in this case; so far, we have only seen the trials of half of them. I trust the others will find my admonitions helpful in the future, whether immediate or distant.
And I do believe there will be at least one more post on this topic, regarding the sort of evidence that came up in the first two trials, and what it says about the investigative powers of the federal government.
Oh, one more thing: at a subsequent trial, it would be interesting to see if anyone is allowed to offer testimony in support of "affirmative defense under this section that . . . the defendant was fleeing an incidence or pattern of domestic violence."
Tuesday, 27 September 2016
Kidnapping Trial Updates
Since so little information has come out about the Zodhiates trial, perhaps we should start by setting the scene. Unusual for a kidnapping trial, there are five attorneys on the case: two for the prosecution and three for the defence. One factor ramping up the legal fees is that the defendant and all the defence witnesses are from the Shenandoah Valley (a point repeatedly brought up by the defence). Two attorneys are local; one on each side. But the odd thing about the other three is that they are from Burlington, Vermont. Now, why would a defendant from Virginia being tried in the Western District of New York hire a team of lawyers from a Vermont firm? Well it turns out that the lead prosecutor, Paul J. Van de Graaf, Chief of the Criminal Division of the U.S. Attorney's Office for the District of Vermont, is very familiar with this case: he prosecuted Ken Miller back in 2012. The two Vermont lawyers hired by the defence--Robert B. Hemley and David A. Boyd--are with Gravel and Shea, a Burlington firm that may have provided local talent in the earlier trial. Michael D. DiGiacomo and James W. Grable are the local talent for this trial, but in the main it is a case of Van de Graaf v. Hemley.
Day Six
Today the prosecution rested, and the defence had its turn. Philip Zodhaites' s defence team has chosen to go after the prosecution's bizarre portrayal of him as a rabid anti-gay crusader, devoting their examination time to a series of friends and coworkers who all agreed that Philip hasn't a hateful bone in his body. It took some work, but Judge Arcara agreed to at least allow the defence to query witnesses as to general and specific opinions of the defendant's reputation as being a) law-abiding and b) generous to anyone in need, irregardless of their race, colour, or creed. The other questions raised were how hard Response Unlimited worked to turn over emails subpoenaed under Janet Jenkins' s civil suit (which is stayed pending the outcome of this case, but has apparently provided useful discovery for the prosecution), and whether there was any indication in any email recovered from RU's email server that the Miller custody case was still pending at the time of the alleged crime (every indication is that it was).
The lawyers spent about as much time offering objections to this line of questioning (the prosecution) or to the court sustaining them (the defence) as they did actually questioning the defence witnesses. That notwithstanding, the 18-man jury (actually 11 men and 7 women) may have the case as early as Wednesday afternoon.
Meanwhile, Timo Miller (whom the government still regards as a co-conspirator), in a move right out of the CIA playbook, has been secretly rendered to a prison on US soil.
Day Seven
Today the defence also rested--so much for claims that the trial would last two weeks. Had it not been for Judge Arcara dismissing early so he could attend a judges' meeting, it would have already gone to the jury.
This morning the prosecutor encountered a rather prepared witness. He's asked each of the defence witnesses about their refusal to talk to the federal investigator, but Cindy Erkel wasn't about to let him frame the debate. In fact, she had a riposte ready to parry his every attack. The cross-examination went something like this, with the prosecutor's initial questions having been met with pretty much the same noncommittal responses from the previous defence witnesses (the goal is always to lead the jury to believe that no one knows the real Philip Zodhaites, the dark evil criminal; thus none of the witnesses to his generous and non-discriminatory nature are to be believed):
Q: Is Philip Zodhiates your friend?
A: Yes.
Q: There are different kinds of friends, good and otherwise. Would you say that Mr. Zodhiates is a good friend?
A: Yes.
Q: But by good, you usually mean intimate. Someone you share secrets with.
A: Right.
Q: More than just a neighbor, then.
A: Right.
Q: But you don't talk to him every day?
A: No.
Q: You don't see him every week?
A: I don't see ANYONE at a weekly gathering. I don't have ANY friends of the sort you are describing.
Q: You've already talked to the defence attorneys, haven't you? [he can't ask about what they discussed due to attorney-client privilege]
A: Yes.
Q: Did [the federal investigator] call to talk with you?
A: Yes, I told him I would be quite willing to talk to him when I got to New York [to testify].
Q Did you tell him you wanted to get back to your busy life?
A: It was a very pleasant conversation. He used the word 'attempt'.
Q: But you told him you were too busy to talk to him, so you never called him back?
A: It was not because I was too busy to talk to him. I declined because he used the word 'attempt', and I told him that.
Q. ANSWER THE QUESTION! Did you attempt to call him back?
A: It never occurred to me to call him back.
Day Eight
Thursday morning started out with Judge Arcara reading his 130-page Charge to the Jury. It took him longer to read it than either of the Summaries lasted. Then then jury went into deliberation, returning a verdict of "guilty" on both charges--to no one's great surprise. The judge had so construed the presentation of evidence, and so scrupulously prevented the defence from going into the jury's right to judge the law as well as the facts, that there was no other likely outcome. Like many trials, this one had already been won in voir dire, when anyone who strongly believed in the government's responsibility to protect an innocent child from a sexual predator was excluded from the jury.
My post-trial commentary will follow in another post, but since this post is a major portal for visits to this blog, I will continue to add dated updates as appropriate.
UPDATE Oct 10
Another blog has picked up on this report, so I'll address here some of the questions raised there.
1. Yes, Timo Miller was officially 'deported' from Nicaragua. But it was no less than a classic rendering operation. He was held for two months without benefit of habeas corpus or any charges filed, so clearly it was a behind-the-scenes operation with the US Government pulling the strings. Why it took so long to transfer him directly to a US prison, nobody who knows is willing to say, at least not by using an usecured server.
2. Yes, bribery has been going on, but not by the Mennonites in Nicaragua. They report that an extensive intelligence network has identified former church members, who have been recruited to infiltrate back into the churches in an attempt to locate the Miller fugitives. Even current Mennonites who are disgruntled for whatever reason have been tracked down and offered the same deal. Nobody in Nicaragua would have the money, means, or motive to carry out an operation of this scale.
3. The defense was severely limited by Judge Arcara as to what they could claim, who they could interview, and what questions they could ask.
4. The prosecution's duty to prove intent on the part of Philip Zodhiates was fully met, on the grounds that intent to violate an order which one knew in advance would later become effective counted, and by subpoenaing emails by all three of the arrested co-conspirators, content was found to adequately show that the parties had reason to know that what they were doing would not meet with US Government approval. Especially damning was the January 2009 email by Philip to Lisa's lawyer, indicating that 'if no legal solution' was available, he had another option he'd like to offer them.
5. Lisa is still at large, and apparently intends to remain that way at least until 2020. It must be extremely frustrating to the feds that they can't find her, after letting her slip out of their sights as soon as they arrested Timo. Isabella has spent most of what she can remember of her life in Central America, so there's no need to pity her; she's home with her mother, and if she didn't prefer that to any alternative, I'm sure we'd have heard of it by now.
UPDATE JAN 30, 2017
Judge Arcara was supposed to sentence Philip Zodhiates today; as is usually the case, this action was postponed to a later date.
UPDATE MARCH 23, 2017
The sentencing was rescheduled to align with Timo Miller's sentencing. You can read about the results of both of these hearings here.
Sunday, 14 August 2016
Aslan is on the move!
After one hundred years of always winter and never Christmas (as unlikely as such a situation is to conceive, without total starvation), things seemed as grim as they could get. Of the four humans sent into Narnia for some unknown purpose, one had already defected to the White Witch, and the other three were being hunted for their very lives. The beaver's home had been raided and his comrades turned to stone. How much worse could it get? Yet it was being whispered that despite all the bad tidings, a fundamental shift was taking place: Aslan was on the move!
Things are pretty discouraging right now on the front of religious liberty in the Western Hemisphere. Whispers come at us from every direction. Whispers of Ken Miller being threatened with more hard time for refusing to testify against Philip. Whispers of Timo Miller being dragged off his bicycle on a Nicaraguan street into a waiting van and hauled off to who-know-where--perhaps the notorious Chipote Prison? Whispers of Interpol being involved, but no one willing to confirm anything officially. It's looking pretty grim.
Aslan is on the move. Yes, there is yet no outward evidence of it--only those whose undying loyalty he holds can sense it. But as the cycles of time wheel around to line up in their ultimate configuration, the current regime under which the whole world groans is developing unseen cracks. It's going down.
At first it may only look like a thaw, but Spring is coming; nothing can hold it back.
Take heart. Stand firm. Aslan is on the move.
UPDATE August 17: To those of you, especially in Nicaragua, coming here for an update on Timo Miller, I'm not going to be sharing everything I know. You probably have access to pretty much the same sources I do, and things are too up in the air to be drawing any conclusions from the data that is available. The main point is that while we may not know what is going on, God does. I will say I expect that when the kidnapping trial opens in Buffalo in the coming weeks, Timo will be present.
Friday, 11 March 2016
Ken Miller Update
Pastor Ken Miller
UPDATE:
The good news is that at the last minute he was reassigned to minimum security. And, of course, no prisoner can receive mail by name, just by number. Here is the corrected contact information:
FCC Petersburg Low
Kenneth L Miller 08464-082
P.O. Box 1000
Petersburg, VA 23804
Friday, 10 October 2014
Polygamy--a result of slavery?
Like so many studies, this one failed to ask the question, what caused which?
Polygyny was already a factor during the slave era--and the authors admit this. But what they don't envision is that a conquering tribe would have retained the captured women of the conquered tribe, whilst selling the men as slaves. This scenario turns the whole theory on its head: the sexual disparity in the slave population was not a cause of polygyny, but a result of it.
West African slaves were mostly sent to the New World, where buyers strongly preferred men capable of performing backbreaking tasks on plantations. By contrast, buyers in slave trades centered on the Indian Ocean and Red Sea were often looking for women who could work as domestic servants or concubines.Now, taking my approach, we see that polygyny in East Africa may have been stifled by a lack of women, the surplus of that sex having been depleted rather than augmented by the slave trade. So if anything was a result of slavery in Africa, it was monogamy. What native culture could not manage to effect--the suppression of polygyny--the outside force of slavery could.
Record-keeping by European slave traders shows a consistent pattern, Dalton and Leung found: Between 1545 and 1864, 66.4 percent of slaves sent to North America and the Caribbean from present-day Senegal and Gambia were men, as were 66.6 percent sent from Sierra Leone, 65.4 percent from the Gold Coast (now Ghana), and 65.4 percent from the Windward Coast (now Ivory Coast). Going a step further, Dalton and Leung looked at data on the slaves taken from specific ethnic groups and compared it with the percentage of women in those groups who today share husbands with other wives. (They controlled for factors such as education level and religion.) The researchers found that groups hit heavily by trans-Atlantic slavery were significantly more likely to have a high percentage of polygynous marriages.
As the Western world slides ever further away from monogamy, we wonder what it will take to reverse that slide, and from where such a powerful force may come.