California Governor Gavin Newsom Imposes Moratorium on Death Penalty

https://www.washingtonpost.com/national/california-gov-gavin-newsom-to-impose-moratorium-on-death-penalty/2019/03/12/3a3ad1dc-4520-11e9-8aab-95b8d80a1e4f_story.html?utm_term=.d33302a4dafe

February 9th, 2019

Kerry's Automatic Appeal

http://www.courts.ca.gov/supremecourt.htm

Kerry's Oral Argument for her Automatic Appeal is scheduled for February 5th.

Thank you for your support! 

Kerry's Automatic Appeal has finally been scheduled for Oral Arguments, the final step in the Auto-Appeal. This will be the first movement forward in the constitutionally guaranteed  process for protection of individual lives, for Kerry it has been 23 years and 10 months to get here (her death sentence was pronounced March 6th, 1995).

This move forward, and hopefully onto transparency, is not only good for dear Kerry Lyn, but also could be useful to re-evaluate the process which is affecting so many others condemned to a living death. Societies can be understood by the way they treat their vulnerable; does our society/culture function from a place of compassion? Or from a place of survival of the fittest? I'm not saying one is "right", I am saying my preference is a world run by compassion. Although bullies often "win", to me it is empty without the connection, relationships, understanding, appreciating, give-and-take between beings. I guess I just described a "bleeding heart liberal", why is that a negative pejorative to many people? Any way, I'll get back to the subject.

February 5, 2019, in a Sacramento courtroom, at 1:30pm, Oral Arguments from both sides will be presented to the Supreme Court of CA (those few judges assigned to this hearing). 

It will be short, there are strict time limits. The CA Supreme Court Justices have already reviewed the trial and this simply is the last-ditch effort to get the message to them.

The court must issue an opinion on the case within 90 days of Oral Arguments. NO MATTER WHAT THEY DECIDE, KERRY WILL BE FREE OF THE PUBLIC DEFENDERS' OFFICE - WHICH MEANS WE CAN FINALLY EXPOSE THE CASE AND GET KERRY LYN PROPER REPRESENTATION. THIS IS KEY TO HER EXONERATION AND HER FREEDOM.

Reminder of the three directions the court can rule (they do not have the power to set Kerry free) ;

1. Uphold the original trial findings

2. Reduce her sentence (example: life without parole instead of death)

3. Find some part of the trial was in error and send it back for a re-trial 

(if you want more details please just ask, I'll email more)

Adam, and I will attend the hearing (CA does not allow condemned people to attend, so Kerry will not be there). Adam and I will visit Kerry the following weekend to let her know what occurred at the hearing. Then we wait.

Thank you dearly from all of us for your support, prayers, and love!! Thank you for sending in your letters on Kerry's behalf, I'm sure the court rarely sees such public concern for condemned people.

Please contact me for any questions.

International Interest for Justice for Kerry Lyn Dalton

Visit this link to Change.org where
Heidi Isabelle Moan started this petition to Governor Edmund G. Brown Jr.

Link:
Petition to Governor Brown

Victoria and Adam Visiting Kerry, October 6th

Kerry Lyn Dalton Deserves Her Appeal

Update on Kerry Lyn's status:

The California Supreme Court did NOT schedule Kerry for either September or October hearings. We are now focusing on gaining Kerry Lyn her Oral Arguments on her Direct Appeal for this November, 2018.

After 23 years it is way over due. The Direct Appeal brief was finalized June 2009. The CA Supreme Court finally reviewed it and informed Kerry they were ready to schedule her Oral Argument January 2018, they told her it would be scheduled within 90 days. 

We are waiting.

Please continue to write the Supreme Court, and the other CA authorities to encourage this hearing. It is simply Kerry's constitutional right to be heard, she is not asking for anything more.

As always, write me, here at the blog, ask anything you want to understand further.

Thank you all for your continued support and working for a just system! 

Official details on the case:

http://kerrylyndalton.blogspot.com/2018/07/ospd-finally-speaks-out-on-behalf-of.html

Directions and info how to help Kerry Lyn:

http://kerrylyndalton.blogspot.com/2018/07/kerry-lyn-dalton-letter-campaign.html

Kerry Lyn Dalton Letter Campaign

Kerry Lyn Dalton deserves her constitutional rights the same as every other U.S. citizen. 
Due process is guaranteed to all to insure a just and balanced system. 

Ms. Dalton was sentenced to death May 1995 - it has been 23 years since, and she has yet to receive a ruling on her Direct Appeal (the Direct Appeal/Automatic Appeal is the first stage of appeals established for condemned persons in order to avoid killing innocents, or handing down excessively harsh judgments. 
The average time frame for direct appeal in CA is 12.7 years). 

Reference links:  https://media.nbcbayarea.com/documents/carney-order.pdf

  http://lawprofessors.typepad.com/files/carney-supplement.pdf

Please join our letter campaign to prompt the court to act ASAP. 

This campaign is simply asking for the process to fulfill its legal obligation; hear the appeal case of Kerry Lyn Dalton in the Supreme Court under public scrutiny and rule on the issues presented. We are not asking you to decide her guilt or innocence. We are asking for your support in convincing the court to do its duty, which is long overdue. 

We are not asking you to lay blame, however we will provide crucial facts for your scrutiny.

We need your participation in greasing the wheels of justice.

We have a sample letter below. You can choose to sign your name and use the sample letter, or create your own individualized petition. 

These are the contacts we recommend: 

Death Penalty Appeal Justices
First district Court of Appeal
350 McAllister Street
San Francisco, CA 94102-7421
Letter greeting to:
Presiding justice Jim Humes, associate justice Sandra L. Margulies, associate justice Robert L. Dondero, associate justice Kathleen M. Banke


Attorney General's Office: attention Xavier Becerra
California Department of Justice
P.O. Box 944255
Sacramento, CA 94244-2550
Letter greeting to:
Attorney General Xavier Becerra


Governor Edmund G. Brown
c/o State Capitol, Suite 1173
Sacramento, CA 95814


Lieutenant Governor Gavin Newsom
State Capitol, Suite 1114
Sacramento, CA 95814 

Sample letter:                                                                                                                                                              

 Date:______________________

Dear ___________________________,

I am writing you to seek your advocacy on a very important matter, and a justice issue dear to my own values and ideals.

There is a condemned woman in California who has been living on death row since June 1995, and has never had her direct appeal ruled on. That is 23 years without the first step of the system moving forward.

My concern is that her constitutional rights to due process are being grossly violated. It is bad enough we have the right in California to kill fellow citizens without adding the cruelty of the process to be drawn out to this unreasonable period of time.

This case has been waiting to be scheduled for Oral Arguments since February 2018. I understand the first week of September 2018 will be the earliest dates the case can be scheduled for a hearing. I am writing in earnest to urge you to schedule the case of Kerry Lyn Dalton on the docket for this coming September. She has waited too long for her direct appeal. Our system must finish what they started;
re-checking the findings of lower courts as our constitution has provided for in order to protect individuals from mistakes, false findings, and even corruption.

I have serious doubts about Ms. Dalton’s guilt. This case is filled with contradictions, poor rulings, and NO physical evidence to back up the only eye-witness, who was a co-defendant taking a plea deal.

I implore your advocacy in upholding our country’s democratic ideals that define justice for all through an assurance of due process.
 
Please see that the Dalton case is set for oral arguments as soon as possible.

                                                                             Sincerely,

                                                                             _______________________________
                                                                             (signature)

[Please include your name, address,
or contact info such as email address]

Links to key facts and information on the Kerry Lyn Dalton case:

OSPD Finally Speaks Out on Behalf Of Kerry Lyn Dalton

Trial Judge admits no proof of victim or murder

Sheriff testimony that there was no crime

Al Jazeera is watching the Kerry Lyn Dalton case

Misrepresentation in the media                      Trial transcript contradicts the prosecutor's story

No confession, Ms. Dalton has always maintained her innocence

For further info and questions;
FellowshipOfPeaceFoundation@gmail.com


Request a printable copy of the Missing poster to hand out or post.

Your comments are welcome.