Courtney Bisbee was a responsible, law-abiding, hard-working single mother working in the Scottsdale, AZ school system in 2004 when she was sucked into the criminal justice system by false allegations of “improper touching” of a minor.
For background, please see our previous post about this case: A Broken Justice System – Cases in Point – Part 2 – The Case of Courtney Bisbee.
There is recent significant news. Federal District Court Magistrate Judge David Duncan has granted Courtney not just a hearing, but an evidentiary hearing. The two day evidentiary hearing is scheduled for March 14 and 15, 2016.
As we have mentioned before, Courtney filed an absolutely compelling habeas petition with the court 3 1/2 years ago. At the time, former Federal District Chief Judge Roselyn O. Silver, who is now on the 9th Circuit Court of Appeals, reviewed Courtney’s initial petition for Writ of Habeas which was filed April 2012. Silver responded within one business day stating Courtney had 13 viable claims. To date, there has been no further action on Courtney’s habeas petition. Hopefully, the exculpatory evidence cited in Courtney’s habeas petition will be allowed and considered before the court during the hearing.
It comes as no surprise that the prosecution has been fighting ‘tooth & nail’ to keep the hearing from happening. They immediately filed with the court a Motion for Reconsideration to vacate Courtney’s evidentiary hearing, which Judge Duncan rejected. They continue to work furiously to scuttle Courtney’s chance to finally, after more than 10 years, receive justice. For example, the state writes, “Indeed, to proceed with an evidentiary hearing, when any new evidence presented cannot be considered by the federal courts pursuant to Pinholster, would be a waste of state, federal, and judicial resources”. Excuse me? This statement is an insult to the justice system. The state will spend any amount of “resource” when pursuing a conviction. Why now, with actual justice in sight, are they suddenly worried about the dollars and cents?
We can only hope that actual truth and justice will prevail.