phill4paul
08-16-2012, 05:50 PM
Four things. One, THIS, is why I disagree with the death penalty. Second, I guess what they got is more freedom than they had. But it is not 'freedom.' Third, it seems Farcebook is good for something... Four, way to not influence any future jury by posting their incarceration record (which has NO relevance) Detroit News.
http://www.detroitnews.com/article/20120814/METRO/208140344
Detroit— For the first time in a quarter-century, a pair of Flat Rock brothers walked out of prison and into the arms of freedom and weeping relatives.
In a pouring rain, Ray and Tom Highers were greeted by a dozen wet but happy family members Monday night as they left the William Dickerson Detention Facility in Detroit.
"In my heart of hearts, I knew this day would come," Tom Highers told reporters. "We never gave up hope ever."
The brothers, who met some relatives for the first time, said they looked forward to a large family dinner before settling in for their 10 p.m. curfew.
"I just want to go home and relax," said Ray Highers.
Earlier in the day, the brothers sat in stunned silence when a Wayne Circuit Court judge granted a bond request so they could walk free for the first time in 25 years.
Judge Lawrence S. Talon, who overturned first-degree murder convictions for the Highers in a 1987 killing, said he didn't believe the brothers are "a danger to the community."
"Are they the same people they were 25 years ago or not? The court doesn't believe that they are," Talon said. "I recognize that this is a serious offense. … I already ruled the probability of a different result is likely on retrial."
Talon's decision followed a months-long evidentiary hearing with more than 10 new witnesses. Prosecutors are appealing the judge's ruling in favor of a new trial.
Relatives of the men scrambled to post the "modest bond" of $10,000. The Highers each had to post 10 percent, or $1,000.
The Highers will wear a GPS tether from 10 p.m. to 6 a.m. and must reside at the Roseville home of their aunt, Janet Hirth. Talon said alcohol will not be allowed in the home, and that the men must undergo random urinalysis and attend drug and/or alcohol meetings three times a week. They are barred from having contact with current and former trial witnesses, he said.
Outside the courtroom Monday, a shaking and tearful Hirth embraced relatives. "We were very surprised (by the low bond)," she said. "We were prepared for the worst."
Hirth added the men are most looking forward to "a good meal and a nice bed."
When asked what was waiting for the two brothers at home, Hirth said: "A spaghetti and meatball dinner, two beds and family. That's the most important thing: family."
The Highers' younger brother, Michael Highers, said the first trip will be Mount Olivet Cemetery in Detroit to see the grave of their mother, who died about five years ago. "It's been hard. It's been sad, when you spend that long without your brothers," he said. "Today's the day my prayers have been answered."
The decision came hours after the men pleaded with Talon to grant them a reasonable bond. "This has been a long journey," Thomas Highers said. "We are not running from nothing. We are facing this head on, just like we've always done. We are looking forward to our day in court."
"I want to assure you, whatever the conditions are for bond, we will follow them," Raymond Highers told Talon. "We are not a threat to society. We have great support."
The men had been serving a life prison term on a 1988 conviction of first-degree murder in the death of Robert Karey, 65. They have maintained they did not commit the killing.
Talon's ruling followed a hearing conducted in light of new evidence that stemmed from a chat on Facebook. Among the findings was that the assailants were black. The Highers are white.
Karey, a marijuana dealer, was killed at his home on Minden near Detroit City Airport on June 26, 1987.
Mary Evans, whose Facebook post jump-started the new developments in the case, was among the supporters in court Monday. "I just want to see them walk outside," she said. "I want to see them be free men."
Valerie Newman, an attorney for Thomas from the state Appellate Defender Office, told Talon Monday that "extraordinary lengths" have been taken to make sure the men have structure while out on bond.
"There is just simply nothing that indicates they would be any threat to society whatsoever," Newman told Talon. "They have never lost faith in the system that put them behind bars for crimes they did not commit."
Wayne County Assistant Prosecutor Ana Quiroz called the re-entry plan for the men "impressive," but said it is "geared toward someone who has done their time and re-entering a community with no charges pending against them."
Prosecutors, Quiroz said, have not yet filed an appeal to Talon's ruling. "I assure this court that we will pursue this case," she told the judge.
Earlier Monday, retired prison warden Carol Howes testified by telephone on behalf of the Highers, who she's known for more than a decade.
Howes said in 27 years as a warden she hasn't testified in court for inmates, "nor have I ever felt so strongly that prisoners are incarcerated for something they did not do," she said.
Farmington Hills-based psychologist Lyle D. Danuloff was also called Monday to testify about risk assessments he conducted for the pair last week.
Danuloff said the probability is "very high" the men won't be a risk to society. The doctor, however, recommended a tether.
"The story of these two men is a story of a 21-year-old and 22-year-old kid re-entering a world that's 25 years different than they left," he said. "They might as well be on a different planet. … Knowing where they are in general is good for society, and as a matter of fact, good for them."
Corrections officials said the brothers have been housed in separate prisons for most of their incarceration. Prison records show both obtained GEDs and joined training programs.
Thomas Higher had 63 misconduct violations ranging from assault and battery to disobeying orders, substance abuse, insolence, gambling, possession of stolen property and forgery, records say. Thomas had no violations from 1999 to 2004. His last violation was in May 2011 for destruction or misuse of property, Corrections officials said.
Raymond Highers was cited 24 times over the years for assault and battery, substance abuse, insolence and disobeying orders. He was last cited in 2008 for failure to disperse, according to prison records.
From The Detroit News: http://www.detroitnews.com/article/20120814/METRO/208140344#ixzz23kwfSROF
http://www.detroitnews.com/article/20120814/METRO/208140344
Detroit— For the first time in a quarter-century, a pair of Flat Rock brothers walked out of prison and into the arms of freedom and weeping relatives.
In a pouring rain, Ray and Tom Highers were greeted by a dozen wet but happy family members Monday night as they left the William Dickerson Detention Facility in Detroit.
"In my heart of hearts, I knew this day would come," Tom Highers told reporters. "We never gave up hope ever."
The brothers, who met some relatives for the first time, said they looked forward to a large family dinner before settling in for their 10 p.m. curfew.
"I just want to go home and relax," said Ray Highers.
Earlier in the day, the brothers sat in stunned silence when a Wayne Circuit Court judge granted a bond request so they could walk free for the first time in 25 years.
Judge Lawrence S. Talon, who overturned first-degree murder convictions for the Highers in a 1987 killing, said he didn't believe the brothers are "a danger to the community."
"Are they the same people they were 25 years ago or not? The court doesn't believe that they are," Talon said. "I recognize that this is a serious offense. … I already ruled the probability of a different result is likely on retrial."
Talon's decision followed a months-long evidentiary hearing with more than 10 new witnesses. Prosecutors are appealing the judge's ruling in favor of a new trial.
Relatives of the men scrambled to post the "modest bond" of $10,000. The Highers each had to post 10 percent, or $1,000.
The Highers will wear a GPS tether from 10 p.m. to 6 a.m. and must reside at the Roseville home of their aunt, Janet Hirth. Talon said alcohol will not be allowed in the home, and that the men must undergo random urinalysis and attend drug and/or alcohol meetings three times a week. They are barred from having contact with current and former trial witnesses, he said.
Outside the courtroom Monday, a shaking and tearful Hirth embraced relatives. "We were very surprised (by the low bond)," she said. "We were prepared for the worst."
Hirth added the men are most looking forward to "a good meal and a nice bed."
When asked what was waiting for the two brothers at home, Hirth said: "A spaghetti and meatball dinner, two beds and family. That's the most important thing: family."
The Highers' younger brother, Michael Highers, said the first trip will be Mount Olivet Cemetery in Detroit to see the grave of their mother, who died about five years ago. "It's been hard. It's been sad, when you spend that long without your brothers," he said. "Today's the day my prayers have been answered."
The decision came hours after the men pleaded with Talon to grant them a reasonable bond. "This has been a long journey," Thomas Highers said. "We are not running from nothing. We are facing this head on, just like we've always done. We are looking forward to our day in court."
"I want to assure you, whatever the conditions are for bond, we will follow them," Raymond Highers told Talon. "We are not a threat to society. We have great support."
The men had been serving a life prison term on a 1988 conviction of first-degree murder in the death of Robert Karey, 65. They have maintained they did not commit the killing.
Talon's ruling followed a hearing conducted in light of new evidence that stemmed from a chat on Facebook. Among the findings was that the assailants were black. The Highers are white.
Karey, a marijuana dealer, was killed at his home on Minden near Detroit City Airport on June 26, 1987.
Mary Evans, whose Facebook post jump-started the new developments in the case, was among the supporters in court Monday. "I just want to see them walk outside," she said. "I want to see them be free men."
Valerie Newman, an attorney for Thomas from the state Appellate Defender Office, told Talon Monday that "extraordinary lengths" have been taken to make sure the men have structure while out on bond.
"There is just simply nothing that indicates they would be any threat to society whatsoever," Newman told Talon. "They have never lost faith in the system that put them behind bars for crimes they did not commit."
Wayne County Assistant Prosecutor Ana Quiroz called the re-entry plan for the men "impressive," but said it is "geared toward someone who has done their time and re-entering a community with no charges pending against them."
Prosecutors, Quiroz said, have not yet filed an appeal to Talon's ruling. "I assure this court that we will pursue this case," she told the judge.
Earlier Monday, retired prison warden Carol Howes testified by telephone on behalf of the Highers, who she's known for more than a decade.
Howes said in 27 years as a warden she hasn't testified in court for inmates, "nor have I ever felt so strongly that prisoners are incarcerated for something they did not do," she said.
Farmington Hills-based psychologist Lyle D. Danuloff was also called Monday to testify about risk assessments he conducted for the pair last week.
Danuloff said the probability is "very high" the men won't be a risk to society. The doctor, however, recommended a tether.
"The story of these two men is a story of a 21-year-old and 22-year-old kid re-entering a world that's 25 years different than they left," he said. "They might as well be on a different planet. … Knowing where they are in general is good for society, and as a matter of fact, good for them."
Corrections officials said the brothers have been housed in separate prisons for most of their incarceration. Prison records show both obtained GEDs and joined training programs.
Thomas Higher had 63 misconduct violations ranging from assault and battery to disobeying orders, substance abuse, insolence, gambling, possession of stolen property and forgery, records say. Thomas had no violations from 1999 to 2004. His last violation was in May 2011 for destruction or misuse of property, Corrections officials said.
Raymond Highers was cited 24 times over the years for assault and battery, substance abuse, insolence and disobeying orders. He was last cited in 2008 for failure to disperse, according to prison records.
From The Detroit News: http://www.detroitnews.com/article/20120814/METRO/208140344#ixzz23kwfSROF