|
AS of May 13, 2012 Lucinda was released from the isolation unit. GOOD NEWS. Justice for Lucinda has raised a total of $23,280 for her legal expenses. Breaking News May 2, 2012 Dear Lucinda supporters, We don't know all the details but the short story here is that Lucinda is now in the isolation unit. This will impact visits and other things. She will have to pare her approved visitor list down to 4 people so if you are planning to visit her, call ahead to see if you are on the list. Also, visit will have to be by appointment only. You will have to be approved for the time that you are there so you'll have to call for that too. And visits will be limited to one hour. We do not know if this move is for her own protection (there are several other inmates who have made intimidating remarks and actions) or if it is due to an incident last week where her clothes were taken from her bunk and she reported it to the guards. We also do not know how long this isolation is supposed to last but it is not good. She will not get much light or human contact and her food will come through a small slot in the door. When she was offered isolation as a choice for her own safety she did not want to go there because the conditions were too bleak What you can do: A) Write to her. This form of human contact will be more important now than ever before. Her address: Lucinda S. Hites-Clabaugh SID #: 18587738 Coffee Creek Correctional Facility 24499 SW Grahams Ferry Rd. Wilsonville, OR 97070 Be sure to write the address in pen (no labels), write the whole address as above, do not use a return address label write your return address in pen also. B) Keep in touch with David too. This is hard on him also. C) If you hear anything, share it with the group so we can all be up to date. Here's what we do know. Late last week Lucinda went to Chapel and when she returned to her bunk the clothes she had on top of the bed were gone. She reported it and the guard used the loud speaker to tell the rest of the inmates to return her clothes. Over the course of a few hours most of her things were returned but in such a way that the guards could not identify who returned them (ie they waited until the guards weren't looking and kept their faces out of the camera range). Then shift change happened. When the new guard came on duty the other inmates accused Lucinda of falsely accusing them of stealing her clothes. When the new guard investigated, nine prisoners said her clothes never left her bed, Lucinda told her story, and the rest of the inmates 'saw nothing'. Since filing a false accusation against other prisoners is a rule violation and there were 9 witnesses to 1 the 2nd shift guard triggered a disciplinary hearing against Lucinda. The punishment if you lose a disciplinary hearing is to be sent to isolation for up to 180 days. We are assuming the disciplinary hearing has taken place and one of two things happened. Either Lucinda wasn't believed and she was sent to isolation as punishment or she was believed and the 9 prisoners who falsely said she falsely accused others turned on her and she is now in isolation for her own safety. Either way Lucinda is isolated. David has contacted the attorney about the incident and we have left messages for the ACLU lawyer to see if anything can be done. We are still waiting for the appeals court to hand down their ruling about her Lucinda's new trial. BREAKING NEWS --At a hearing on Wednesday, December 14, at 9:00 in the third floor Court Room of the Supreme Court Building, Lucinda's attorney had twenty minutes to rebut the report of the Court of Appeals, which had upheld the actions of the lower court and denied her a new trial. The Appeals Court had also disagreed with the ACLU which argued that the length of Lucinda's sentence is uncontitutional. Wednesday's hearing was held before a panel of two Judges: Michael Gillette, a retired Oregon Supreme Court Justice with experience in the Court of Appeals and David Brewer, current Chief Judge of the Court of Appeals. The judges were very knowledgeable about the case and asked the important questions. They seemed impressed with the arguments, but we may not have their ruling for some months. Mark Geiger, Lucinda's attorney, argued two main points: 1) violation of the 15-day rule for the testimonies of the school principal and counselor-- there was not enough time for the defense to prepare its cross-examination. 2) Judge Penn did not think the lately-obtained children's affidavits supporting Lucinda would have changed the jury's opinion and so did not order a new trial. It seemed an honor to be in the beautiful Supreme Courtroom with its stained glass domed ceiling, carved judge's bench, and striking carpet and to listen to the fascinating exchange of the attorney and judges. The atmostphere was welcoming, as folding chairs were brought out for some twenty people who were there for Lucinda. Lucinda is now working as a teacher/tutor in the prison. She has been moved to a calmer section of the prison, and she has been able to receive needed eye surgery. She has had regular vistors. Thank you for your continued support of Lucinda. It could happen to you. Our friend, Lucinda Hites-Clabaugh, a substitute teacher, has been falsely accused of a horrible crime, brought to trial on the unsupported accusation of one person, convicted despite an incomplete investigation and absence of evidence, and sentenced to more than six years with no possibility of parole--despite the testimony of long-time acquaintances and friends who know her to be incapable of that crime. She was sentenced August 6, 2010, for alleged sexual molestation of a child and is now in prison. The incident allegedly took place in May 2008 in a Woodburn, OR, Elementary School. The grand jury and trial went forward in Marion County Circuit Court with no proper preliminary investigation, and several key defense motions were denied during the trial. For the whole story, click here. Her Attorney, Mark Geiger, of Salem, is confident that the case will be overturned on appeal. He estimates the appeal will cost approximately $25,000. Her defense thus far has already exhausted her family’s and already-donated funds, as Lucinda has not been able to teach since being accused. Her husband, David, has worked reduced hours during the time that Lucinda was under house arrest and during her incarceration. Therefore, we are asking you, our friends, to assist us in supporting Lucinda's legal defense until justice is done.
|
 Your donation is a gift and, therefore, not tax-deductible. It will be used to support Lucinda’s legal defense. For updates on Lucinda’s case, click here. For updates on the fund, click here. For updates on Lucinda and how she is doing, click here. If you have further questions, please contact us. |
