No, 3rd strike for Patrick!
- by: Mindy Moore
- recipient: Judge James Hollman, District Attorney
Patrick ,my fiancee, committed a crime when he was 18 years old, and now he is having it used against him at 31. The crime at 18 has nothing to do with the charges he faces now. However, it's being brought up against him, even though there is no arson charges involved in his past conviction.
On September 2006, Labor day, he was lost in the forest for 24 hours, and when he was found they sent him home/ with his lighter. Two days later [while there was fires going all week long] they send a plane up and it crashes.
The NTSB concluded it's investigation into the crash as pilot error.
Source for this information is:
http://www.ntsb.gov/ntsb/brief.asp?ev_id=20060916X01351&key=1
On that site there is also a full narrative report into the crash! This is public record and these links were in the paper, for all to go see!
However, Patrick was charged three months after the crash with aggravated Arson and Two counts of First Degree murder. Those charges have since been downgraded to unlawful fire and 2nd degree murder. They claim they can charge him with murder because of the California Felony Murder rule. Because he had a warming fire- which a judge said he clearly showed effort to put out- they said the plane wouldn't had been up there in he first place.
Patrick had a warming fire and admitted this to them. He said, he was cold, scared of animals, and thought that this might signal someone. Because Patrick was previously convicted of something when he was 18, he is now 31, they have been completely biased. They have not pursued anyone else for this, and keep in mind it was Labor day weekend. There were so many people there that day, we had no place to park! There has been violation after violation. It started shortly after his arrest which, was three months after the crash, they recorded his conversation with his attorney. The lead investigator on their side heard the whole conversation. The judge ordered this to be turned over to his attorney however, imposed no further sanctions. Then, there was the revelation of evidence, that was so conveniently withheld from his preliminary hearing. They found a intact bottle of Vodka and a gun with dispersed bullets. this was found within days of the crash..... The next violation was, on the eve of trial the prosecution turns over 2,000 pages of evidence, forcing postponement. The next one was the other lead investigators footnotes were turned over 6 months after the judge threatened sanctions about discovery. Not to mention, they asked him to take a polygraph during an interview then, during this process has denied this. He has been incarcerated since November 17, 2006 and still has not been to trial
However, because of his past conviction they want to strike him out, with the Three Strikes Law. If convicted he is looking at 150 years in prison- for being lost in the forest!
2,000 pages of late discovery turned over, and no discovery sanctions!
http://www.recorderonline.com/news/ward_9535___article.html/courtney_jackson.html
Vodka and Gun in the plane another withheld discovery:
http://www.recorderonline.com/news/information_9659___article.html/courtney_crash.html
Main article about the Vodka and Gun in the plane
http://www.recorderonline.com/news/jackson_9887___article.html/ward_investigators.html
Top ten for the city of Porterville for 2006, his story made number 7.
http://www.recorderonline.com/news/porterville_10167___article.html/year_city.html
There is more information/ Facts about this case at :
http://www.recorderonline.com/
in the search criteria enter his name : Patrick Courtney
There should be about three pages of articles,since he has been in jail for nearly 2 years and has yet to see a trial!
On September 2006, Labor day, he was lost in the forest for 24 hours, and when he was found they sent him home/ with his lighter. Two days later [while there was fires going all week long] they send a plane up and it crashes.
The NTSB concluded it's investigation into the crash as pilot error.
The National Transportation Safety Board determines the probable cause(s) of this accident as follows:
"the pilot's failure to maintain adequate terrain clearance while maneuvering over rising terrain in a box canyon. Also causal was the pilot's failure to adhere to procedures/directives regarding minimum altitude requirements."Source for this information is:
http://www.ntsb.gov/ntsb/brief.asp?ev_id=20060916X01351&key=1
On that site there is also a full narrative report into the crash! This is public record and these links were in the paper, for all to go see!
However, Patrick was charged three months after the crash with aggravated Arson and Two counts of First Degree murder. Those charges have since been downgraded to unlawful fire and 2nd degree murder. They claim they can charge him with murder because of the California Felony Murder rule. Because he had a warming fire- which a judge said he clearly showed effort to put out- they said the plane wouldn't had been up there in he first place.
Patrick had a warming fire and admitted this to them. He said, he was cold, scared of animals, and thought that this might signal someone. Because Patrick was previously convicted of something when he was 18, he is now 31, they have been completely biased. They have not pursued anyone else for this, and keep in mind it was Labor day weekend. There were so many people there that day, we had no place to park! There has been violation after violation. It started shortly after his arrest which, was three months after the crash, they recorded his conversation with his attorney. The lead investigator on their side heard the whole conversation. The judge ordered this to be turned over to his attorney however, imposed no further sanctions. Then, there was the revelation of evidence, that was so conveniently withheld from his preliminary hearing. They found a intact bottle of Vodka and a gun with dispersed bullets. this was found within days of the crash..... The next violation was, on the eve of trial the prosecution turns over 2,000 pages of evidence, forcing postponement. The next one was the other lead investigators footnotes were turned over 6 months after the judge threatened sanctions about discovery. Not to mention, they asked him to take a polygraph during an interview then, during this process has denied this. He has been incarcerated since November 17, 2006 and still has not been to trial
However, because of his past conviction they want to strike him out, with the Three Strikes Law. If convicted he is looking at 150 years in prison- for being lost in the forest!
Judge reduces charges
http://www.recorderonline.com/news/courtney_11048___article.html/judge_fires.html
Judge denies to dismiss charges against Patrick
2,000 pages of late discovery turned over, and no discovery sanctions!
http://www.recorderonline.com/news/ward_9535___article.html/courtney_jackson.html
Vodka and Gun in the plane another withheld discovery:
http://www.recorderonline.com/news/information_9659___article.html/courtney_crash.html
Main article about the Vodka and Gun in the plane
http://www.recorderonline.com/news/jackson_9887___article.html/ward_investigators.html
Top ten for the city of Porterville for 2006, his story made number 7.
http://www.recorderonline.com/news/porterville_10167___article.html/year_city.html
There is more information/ Facts about this case at :
http://www.recorderonline.com/
in the search criteria enter his name : Patrick Courtney
There should be about three pages of articles,since he has been in jail for nearly 2 years and has yet to see a trial!
We the undersigned feel this issue is very important to us because it's an issue of survival and human rights on Mr. Courtney's behalf. Most feel this would have been their option had they been in his shoes. Most say this is what they were also taught to do, in the event of becoming lost in the forest. Most are outraged with the thought he has been there for over two years awaiting trial, with the NTSB report concluding pilot error, and he was defending his right to survive. Some believe jail is not appropriate for him; however, maybe outdoor/survival school training would be better. Some also believe this is a waste of money and they believe the money could have been spent else where. We all have a human right to survival even someone with two previous strikes. We the undersigned thank you for taking the time to read this petition and also ask for mercy in the event that Mr. Courtney may be sentenced on any charge and or plea bargain. We the people...... have asked that our opinions be taken into consideration when sentencing, we would prefer that he got to come home with some dignity. Again, thank you for your time.
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