Courtney Bisbee Granted Evidentiary Hearing !

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.

12 responses to “Courtney Bisbee Granted Evidentiary Hearing !

  1. Phil, Thank you for your diligent work, and years long research gathering, on our daughter, Courtney Bisbee’s Case Study. One, that all law schools and criminal justice schools should use as a contemporary case study to learn from, and to work on restoring the presumption of innocence and due process for starters.

  2. Reblogged this on FORENSICS in FOCUS @ CSIDDS | News and Trends and commented:
    The finality of guilt is some DAs’ mantra. They advance the belief of never doing or not doing anything calculably egregious enough to allow a defendant use of the appellate process. What a freakin myth. Total arrogance to boot.

  3. It really is sickening how some state’s fight to keep innocent people in prison.

  4. We are living in the Age of McMartin II. NONE of our contemporarily idealized cases hold up, they’re all variations on Rolling Stone/UVA. Destroying the mythological rapist or child abuser is the most important work in our current country. Thank you for playing an important, and courageous, part.

  5. Thank you for the update. Best of luck to Courtney.

  6. I am so happy for you. I think this is going to go well and your daughter will becoming home soon. MaryAnn

  7. Brilliant closing paragraph … “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?”

    Not to mention 10 years of incarceration and court costs, prosecutors, judges, and related resources, along with police dept. SWAT team sent to her home without a 911 Call or Domestic Violence Call, violating established Interagency Protocol for investigation, and the prosecutors (the educated professionals), who should be the “gatekeepers” of over-zealous policing left the gate wide open. Where did this decades-long entrenched system lead? Costly years-long litigation to eventually disbar ex-Maricopa County Attorney Andrew Thomas and his “chief” charging prosecutor ex-DCA Lisa Aubuchon (see ABA Journal cover article April 2012).

    Folks, it matters who you elect as your local prosecutor. Hasn’t Maricopa County had enough yet? And Arizona wants to move forward? And wonder why Arizona is the laughing stock of the nation?

    As we reflect over the past year, and the state legislature begins their session in January 2016, it’s time to pay attention to what was done behind closed doors with out tax dollars – used against us and our rights.

    Time for “term limits” for prosecutors, county sheriffs and tax assessors! Wake up folks! If you think this can’t happen to you, think again! Those who remain silent are complicit in the destruction of innocent lives, families and their children (CPS) and their state. So much for “states rights”?

    • Who all had something to gain with the wrongful conviction of Courtney Bisbee? Follow the money…

      Family court child custody/child support issues? Lawyers and prosecutors becoming Governor-appointed judges for handling “high-profile” (legal labeling) cases? Judges and detectives moving up the ladder?

      What happens to those who abuse “Victims Rights” ($$$’s for reporting people) under the County Attorney’s prosecutor’s office. No one addresses that. Why not?

      Entangled in the legal system? Who profits here? Study Courtney’s cases that cross all the courts of Arizona, including the Probate court where the “money” changes hands? Who drove it and profits here? An established “pattern” that continues to unfold, of using all the force of the state government coming at the falsely accused, with all their resources and money, that no longer can be ignored. Study the cases, then you decide.

  8. Pingback: Courtney Bisbee Evidentiary Hearing Vacated | Wrongful Convictions Blog

  9. Pingback: Courtney Bisbee – Released . . . But Not Free. | Wrongful Convictions Blog

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s