The appeal of Jace is subtle. He’s a little boy now in a mans body. Bigger than he was when he entered Clark County jail after being found guilty by a jury of one.
When I visit Jace, which is often, we spend most of our time playing games. Jace loves to play games. My introverted, nerdy, sensitive, coddled son is not yet a man. He hasn’t had to work hard to achieve anything of substance, mom has shouldered that burden. We all try to right the wrongs we feel our parents inflicted on us, especially if you come from a dysfunctional, abusive family. My adopted sons can tell you all about that baggage.
Jace appeal is his quick wit. He can make anyone laugh with his humor, sarcasm, and goofy gestures.
But even as supported, loved, taken care of as I could do for my child, children, I cannot accelerate their emotional growth. This weighs on me, for all my children, at their tender ages which range in the early 20’s. None of my children are particularly mature for their age – there are no ‘old souls’ in the bunch. So my job as protector has lasted longer than others, some who maybe can’t fathom my helicopter tendencies.
Jace appeal is his giving spirit – by far the largest I have seen in another so young. He has never been selfish of his possessions, gifts, or efforts.
Jace has turned this tragedy of injustice to his favor. He has lost weight and filled out with muscle. He used his time to gain a certificate in an apprenticeship readiness college credit course so that he could more easily find employment upon his release. He’s worked on a fantasy book he would like to have published, taken up drawing again which he excelled at early on, and assisted others by tutoring in math.
Jace appeal is his intelligence.He has an above average IQ and uses it to the benefit of others.
Jace is now two years older than when this started. He has matured in many ways but is still the boy I raised. He says please, thank you, and sir or ma’am. His manners allow him to come to the attention of the guards as a person deserving respect, and for the most part, even in prison, he gets that respect. No small feat.
Jace appeal has now been submitted to the courts. We have filed arguing two main points – the first being procedural – the most likely to win an appeal, and the second being lack of evidence.
The procedural facts point to Jace never having specifically agreed to a bench trial. This is true as we fought Jace attorney on this point. Jace attorney, Steve Thayer, put it upon himself to submit the form requesting a bench trial. Jace attorney responded to the judge that we were having a bench trial. The judge never asked Jace directly if he was giving up his constitutional rights for a jury trial. This point, the breaking of an easily arguable constitutional right, is our #1 chance for a reversal. And according to our appeal attorney it has a very high change of success.
Jace appeal also deals with what all these cases have in common – a lack of non circumstantial, police crafted, logic.
The statute for attempted rape of a child includes believing that the ‘victim’ is a child in the first place. As has been our contention all along – Jace knew, heard, and saw an adult, AND WAS CORRECT. Their was no belief that a child existed therefor rape of a child as intent is not possible.
Jace appeal can take up to a year to be discussed, processed, argued, deliberated, and resolved. Even if it is successful Jace will be on the registration and probation during that time, IF we are able to get him released at the end of his sentence, which is in 78 days from today!!