Christine Family Tragedy - an update
by Edgar J. Steele
November 15, 2002
Tonight (Friday, November 15), Dateline NBC will air its segment on the
Christine family's travails (9-10 pm ET and Pacific Time, check your TV
Schedule for local time).
As most on this list know, Brian and Ruth Christine are now serving prison
terms in connection with the alleged kidnapping of their own children back
from the State of Oregon. Ruth got 7 1/2 years following trial this past
April; Brian got 12 1/2. And, under Oregon's "get tough on crime" law,
those are solid terms. I was their trial attorney.
(See When Dreams Become Nightmares , Day 1: State vs. Christine - A Family
Divided , Day 4: State vs. Christine - A Family Divided , Guilty of Caring
and Mommy, Why Can't You Be With Us? from my archives at
www.conspiracypenpal.com to come up to speed on The State of Oregon vs.
Brian and Ruth Christine.)
Dateline is billing this as being a joint production with Court TV, which
broadcast excerpts from the trial over several days this past July. Given
the incredibly biased editing and commentary imparted by most Court TV
anchors, I expect this to be something less than kind to everybody except
the State.
Even so, I encourage you to tune in and view excerpts from the only
jailhouse interview we allowed Brian and Ruth to give prior to the trial.
I was interviewed recently for the segment, as well, as was the Deputy DA
that tried the case.
There are a couple of things that I know he has been saying which need
correcting. First, he has been saying that we never offered to stipulate
to evidence or testimony so as to forestall his forcing little Bethany to
take the stand and testify against her own parents. That is a blatant
falsehood.
Even as late as the last moment, as Deputy District Attorney Wesenberg
called for Bethany to take the stand, I leaned over and urged him not to do
it, saying that we would stipulate to anything Bethany might say, so as to
prevent her the anguish that awaits her in the future. He would have none
of it. That says more about the mentality of what it takes to be a
prosecutor than anything else I can think to say.
Before Court TV aired their butchered version of the trial, I specifically
asked that they include the footage of my leaning over and whispering with
Wesenberg. Predictably, they declined to do so or to say much of anything
about that or Bethany's testimony, which I considered to be the single most
dramatic portion of the trial.Bethany placed the gun in Brian's hand,
unnecessary since two other witnesses had already done so. But, she also
placed Ruth at the scene, for which there was literally no other evidence.
Without Bethany, Ruth might have walked. Or Ruth's admission, of course,
which we offered to save Bethany the lifelong trauma that now awaits her.
Secondly, Matthew Gerawan, the third defendant recently pled out to six
months and 2 years probation for, essentially, the same charges for which
Brian and Ruth are now doing excessively hard time. Wesenberg has been
quoted by at least one newspaper (the Idaho Statesmen, out of Boise) as
saying that Brian & Ruth's much longer sentences were due to the fact that
they "both made the choice to go to trial." This, too, is an abject
falsehood.
Even on the day of trial, Wesenberg was adamant that he would offer neither
of them a plea bargain involving less than 7-1/2 years hard time! That is
why they went to trial. Ruth did as well as that with her verdict and, if
the appeal goes as we think, both will have beaten his offer when all is
said and done.
You see, Oregon case law specifically says that if you use another's
vehicle in the commission of a crime for which you are prosecuted, you
cannot also be convicted of robbery of that vehicle. Brian and Ruth each
got 7 1/2 years for "robbing" the state of the vehicle which Brian drove a
couple of miles to get the kids to his car, leaving the state vehicle at
that place, keys in the ignition and undamaged.
We beat the kidnapping charges, but they were both convicted of misdemeanor
counts of custodial interference and unauthorized use of a motor vehicle,
in addition to felony robbery. We expected the misdemeanor convictions and
were endeavoring only to beat the felony charges.
We expect to overturn the felony robbery convictions on appeal.
Finally, I expect much to be made of the fact that Brian and Ruth later
pled out to the original, separate charges of child abuse. Brian and Ruth
agreed to "plead out" to a single charge each of criminal mistreatment.
This doesn't mean they "did it." On the contrary. They agreed to this for
three reasons:
1. To prevent any of their children being brought back to take the
stand and testify against them as the Douglas County prosecutor had little
Bethany do in the kidnapping trial we went through in May. When she gets
older, the psychological trauma of realizing that it was her testimony that
sent her parents to prison will be substantial. Even in the face of a
system that has repeatedly brutalized them, the Christines have once again
demonstrated what we have known all along: they are good parents.
2. Because, by preagreement, all the time the judge assessed will be
"served" concurrent with the time they received in Douglas County. This
means that the time sentenced is irrelevant. That they each have another
felony on their record is also of little consequence, in face of what has
already been done to them.
3. After their experience with the Douglas County jury, the Christines
rightfully did not trust either judge or jury to treat them properly this
time, either. Can't say I blame them.
Another interesting postscript to this case is the fact that we have yet to
be given copies of the judgments entered against Brian and Ruth, though I
have been demanding them from the Court Clerk and DDA Wesenberg for months
now. You see, under Oregon law you can't file a Notice of Appeal without
attaching a copy of the judgment. Neat, huh?
Three times now, the Oregon Supreme Court has rejected my request for
putting this appeal in line for hearing because I was unable to provide a
copy of the judgments. Much longer and I will move directly to the Federal
appellate courts, but I have to give the Oregon authorities enough rope
first.
Yet another example of what has become a mantra for me: the
politically-incorrect cannot get justice in America today.
Tonight. Dateline NBC. 9 pm. Brian and Ruth were just like any of us a
couple of years ago. Next year, it very easily could be you featured in
this time slot.
by Edgar J. Steele
November 15, 2002
Tonight (Friday, November 15), Dateline NBC will air its segment on the
Christine family's travails (9-10 pm ET and Pacific Time, check your TV
Schedule for local time).
As most on this list know, Brian and Ruth Christine are now serving prison
terms in connection with the alleged kidnapping of their own children back
from the State of Oregon. Ruth got 7 1/2 years following trial this past
April; Brian got 12 1/2. And, under Oregon's "get tough on crime" law,
those are solid terms. I was their trial attorney.
(See When Dreams Become Nightmares , Day 1: State vs. Christine - A Family
Divided , Day 4: State vs. Christine - A Family Divided , Guilty of Caring
and Mommy, Why Can't You Be With Us? from my archives at
www.conspiracypenpal.com to come up to speed on The State of Oregon vs.
Brian and Ruth Christine.)
Dateline is billing this as being a joint production with Court TV, which
broadcast excerpts from the trial over several days this past July. Given
the incredibly biased editing and commentary imparted by most Court TV
anchors, I expect this to be something less than kind to everybody except
the State.
Even so, I encourage you to tune in and view excerpts from the only
jailhouse interview we allowed Brian and Ruth to give prior to the trial.
I was interviewed recently for the segment, as well, as was the Deputy DA
that tried the case.
There are a couple of things that I know he has been saying which need
correcting. First, he has been saying that we never offered to stipulate
to evidence or testimony so as to forestall his forcing little Bethany to
take the stand and testify against her own parents. That is a blatant
falsehood.
Even as late as the last moment, as Deputy District Attorney Wesenberg
called for Bethany to take the stand, I leaned over and urged him not to do
it, saying that we would stipulate to anything Bethany might say, so as to
prevent her the anguish that awaits her in the future. He would have none
of it. That says more about the mentality of what it takes to be a
prosecutor than anything else I can think to say.
Before Court TV aired their butchered version of the trial, I specifically
asked that they include the footage of my leaning over and whispering with
Wesenberg. Predictably, they declined to do so or to say much of anything
about that or Bethany's testimony, which I considered to be the single most
dramatic portion of the trial.Bethany placed the gun in Brian's hand,
unnecessary since two other witnesses had already done so. But, she also
placed Ruth at the scene, for which there was literally no other evidence.
Without Bethany, Ruth might have walked. Or Ruth's admission, of course,
which we offered to save Bethany the lifelong trauma that now awaits her.
Secondly, Matthew Gerawan, the third defendant recently pled out to six
months and 2 years probation for, essentially, the same charges for which
Brian and Ruth are now doing excessively hard time. Wesenberg has been
quoted by at least one newspaper (the Idaho Statesmen, out of Boise) as
saying that Brian & Ruth's much longer sentences were due to the fact that
they "both made the choice to go to trial." This, too, is an abject
falsehood.
Even on the day of trial, Wesenberg was adamant that he would offer neither
of them a plea bargain involving less than 7-1/2 years hard time! That is
why they went to trial. Ruth did as well as that with her verdict and, if
the appeal goes as we think, both will have beaten his offer when all is
said and done.
You see, Oregon case law specifically says that if you use another's
vehicle in the commission of a crime for which you are prosecuted, you
cannot also be convicted of robbery of that vehicle. Brian and Ruth each
got 7 1/2 years for "robbing" the state of the vehicle which Brian drove a
couple of miles to get the kids to his car, leaving the state vehicle at
that place, keys in the ignition and undamaged.
We beat the kidnapping charges, but they were both convicted of misdemeanor
counts of custodial interference and unauthorized use of a motor vehicle,
in addition to felony robbery. We expected the misdemeanor convictions and
were endeavoring only to beat the felony charges.
We expect to overturn the felony robbery convictions on appeal.
Finally, I expect much to be made of the fact that Brian and Ruth later
pled out to the original, separate charges of child abuse. Brian and Ruth
agreed to "plead out" to a single charge each of criminal mistreatment.
This doesn't mean they "did it." On the contrary. They agreed to this for
three reasons:
1. To prevent any of their children being brought back to take the
stand and testify against them as the Douglas County prosecutor had little
Bethany do in the kidnapping trial we went through in May. When she gets
older, the psychological trauma of realizing that it was her testimony that
sent her parents to prison will be substantial. Even in the face of a
system that has repeatedly brutalized them, the Christines have once again
demonstrated what we have known all along: they are good parents.
2. Because, by preagreement, all the time the judge assessed will be
"served" concurrent with the time they received in Douglas County. This
means that the time sentenced is irrelevant. That they each have another
felony on their record is also of little consequence, in face of what has
already been done to them.
3. After their experience with the Douglas County jury, the Christines
rightfully did not trust either judge or jury to treat them properly this
time, either. Can't say I blame them.
Another interesting postscript to this case is the fact that we have yet to
be given copies of the judgments entered against Brian and Ruth, though I
have been demanding them from the Court Clerk and DDA Wesenberg for months
now. You see, under Oregon law you can't file a Notice of Appeal without
attaching a copy of the judgment. Neat, huh?
Three times now, the Oregon Supreme Court has rejected my request for
putting this appeal in line for hearing because I was unable to provide a
copy of the judgments. Much longer and I will move directly to the Federal
appellate courts, but I have to give the Oregon authorities enough rope
first.
Yet another example of what has become a mantra for me: the
politically-incorrect cannot get justice in America today.
Tonight. Dateline NBC. 9 pm. Brian and Ruth were just like any of us a
couple of years ago. Next year, it very easily could be you featured in
this time slot.
