Christine Family Tragedy - an update
by Edgar J. Steele
November 15, 2002
Tonight (Friday, November 15), Dateline NBC will air its segment on the
Christine family's travails (9-10 pm ET and Pacific Time, check your TV Schedule
for local time).
As most on this list know, Brian and Ruth Christine are now serving prison terms
in connection with the alleged kidnapping of their own children back from the
State of Oregon. Ruth got 7 1/2 years following trial this past April;
Brian got 12 1/2. And, under Oregon's "get tough on crime" law,
those are solid terms. I was their trial attorney.
(See When Dreams Become Nightmares , Day 1: State vs. Christine - A Family
Divided , Day 4: State vs. Christine - A Family Divided , Guilty of Caring and
Mommy, Why Can't You Be With Us? from my archives at www.conspiracypenpal.com
to come up to speed on The State of Oregon vs. Brian and Ruth Christine.)
Dateline is billing this as being a joint production with Court TV, which
broadcast excerpts from the trial over several days this past July. Given
the incredibly biased editing and commentary imparted by most Court TV anchors,
I expect this to be something less than kind to everybody except the State.
Even so, I encourage you to tune in and view excerpts from the only jailhouse
interview we allowed Brian and Ruth to give prior to the trial. I was
interviewed recently for the segment, as well, as was the Deputy DA that tried
the case.
There are a couple of things that I know he has been saying which need
correcting. First, he has been saying that we never offered to stipulate
to evidence or testimony so as to forestall his forcing little Bethany to take
the stand and testify against her own parents. That is a blatant
falsehood.
Even as late as the last moment, as Deputy District Attorney Wesenberg called
for Bethany to take the stand, I leaned over and urged him not to do it, saying
that we would stipulate to anything Bethany might say, so as to prevent her the
anguish that awaits her in the future. He would have none of it.
That says more about the mentality of what it takes to be a prosecutor than
anything else I can think to say.
Before Court TV aired their butchered version of the trial, I specifically asked
that they include the footage of my leaning over and whispering with Wesenberg.
Predictably, they declined to do so or to say much of anything about that or
Bethany's testimony, which I considered to be the single most dramatic portion
of the trial.Bethany placed the gun in Brian's hand, unnecessary since two other
witnesses had already done so. But, she also placed Ruth at the scene, for
which there was literally no other evidence. Without Bethany, Ruth might have
walked. Or Ruth's admission, of course, which we offered to save Bethany
the lifelong trauma that now awaits her.
Secondly, Matthew Gerawan, the third defendant recently pled out to six months
and 2 years probation for, essentially, the same charges for which Brian and
Ruth are now doing excessively hard time. Wesenberg has been quoted by at
least one newspaper (the Idaho Statesmen, out of Boise) as saying that Brian
& Ruth's much longer sentences were due to the fact that they "both
made the choice to go to trial." This, too, is an abject falsehood.
Even on the day of trial, Wesenberg was adamant that he would offer neither of
them a plea bargain involving less than 7-1/2 years hard time! That is why they
went to trial. Ruth did as well as that with her verdict and, if the appeal goes
as we think, both will have beaten his offer when all is said and done.
You see, Oregon case law specifically says that if you use another's vehicle in
the commission of a crime for which you are prosecuted, you cannot also be
convicted of robbery of that vehicle. Brian and Ruth each got 7 1/2 years
for "robbing" the state of the vehicle which Brian drove a couple of
miles to get the kids to his car, leaving the state vehicle at
that place, keys in the ignition and undamaged.
We beat the kidnapping charges, but they were both convicted of misdemeanor
counts of custodial interference and unauthorized use of a motor vehicle, in
addition to felony robbery. We expected the misdemeanor convictions and
were endeavoring only to beat the felony charges.
We expect to overturn the felony robbery convictions on appeal.
Finally, I expect much to be made of the fact that Brian and Ruth later pled out
to the original, separate charges of child abuse. Brian and Ruth agreed to
"plead out" to a single charge each of criminal mistreatment. This
doesn't mean they "did it." On the contrary. They agreed
to this for three reasons:
1. To prevent any of their children being brought back to take the stand and testify against them as the Douglas County prosecutor had little Bethany do in the kidnapping trial we went through in May. When she gets older, the psychological trauma of realizing that it was her testimony that sent her parents to prison will be substantial. Even in the face of a system that has repeatedly brutalized them, the Christines have once again demonstrated what we have known all along: they are good parents.
2. Because, by preagreement, all the time the judge assessed will be "served" concurrent with the time they received in Douglas County. This means that the time sentenced is irrelevant. That they each have another felony on their record is also of little consequence, in face of what has already been done to them.
3. After their experience with the Douglas County jury, the Christines rightfully did not trust either judge or jury to treat them properly this time, either. Can't say I blame them.
Another interesting postscript to this case is the fact that we have yet to
be given copies of the judgments entered against Brian and Ruth, though I have
been demanding them from the Court Clerk and DDA Wesenberg for months now.
You see, under Oregon law you can't file a Notice of Appeal without attaching a
copy of the judgment. Neat, huh?
Three times now, the Oregon Supreme Court has rejected my request for putting
this appeal in line for hearing because I was unable to provide a copy of the
judgments. Much longer and I will move directly to the Federal appellate
courts, but I have to give the Oregon authorities enough rope first.
Yet another example of what has become a mantra for me: the
politically-incorrect cannot get justice in America today.
Tonight. Dateline NBC. 9 pm. Brian and Ruth were just like any
of us a couple of years ago. Next year, it very easily could be you
featured in this time slot.
Think about it.
New America. An idea whose time has come.
-ed
"I didn't say it would be easy. I just said it would be the
truth."
- Morpheus
Copyright © Edgar J. Steele, 2002
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