I should point out that Jon's civil testimony was not part of the petition. And all of Detective Kinder's mistakes were not examined. But the petition contained powerful statements from legal experts such as Alan Simpson, the lawyer who helped free Ray Krone, who was wrongly convicted of murder, from the state pen.
What Bisbee and her lawyers were seeking was a hearing to examine all the new evidence. But Granville summarily dismissed the petition without addressing Nik's recantation or even mentioning Sarah Babcock by name. Instead, Granville's four-page minute entry on the matter reads like that of an annoyed ex-prosecutor, peeved that the matter had come before him again.
Stephen Lemons
The Reverend Al Sharpton preaches unity among African Americans and Latinos at Phoenix's Pilgrim Rest Baptist Church.
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Granville correctly observes the he said/she said nature of the case, but he is not willing to allow for the possibility that Jon may have lied at trial — despite the recantation of his brother, the testimony of Sarah Babcock, or the fact that another witness, Samantha Strandhagen, was never called to the stand by Bisbee's lawyer, though her testimony could have undermined that of crucial witnesses for the state.
"None of the defendant's petition points, attachments, or exhibits include a retraction by Jonathan that the sexual touching occurred," states Granville in his dismissal. "There was no evidence that any civil lawsuit was contemplated when Jonathan admitted the touching to Mr. Kemp, to his mother, and to the police, let alone when he testified at trial."
A retraction by the prosecution's star witness seems an almost impossibly high bar for Bisbee and her lawyers to overcome. And Granville's statement that there was "no evidence" of a possible lawsuit is simply untrue. Did Granville even bother to read Nik's recantation? Ultimately, Granville may not believe it, but he cannot say that it is not evidence that a lawsuit was contemplated. It is, clearly, evidence of just that, even if Granville chooses not to believe it.
Finally, Granville's statements regarding whether or not Bisbee's pubic area was shaven border on delusional.
"Defendant's proffer regarding her pubic hair status is also not material," writes Granville. "Her status before or days after is insignificant. Moreover, even a touch over her panties would constitute sexual contact under the law."
How can Granville state that this verifiable, physical fact is "not material"? If Bisbee was not shaven, as Jon Valles said, then Jon lied. And, certainly, evidence that Jon lied would be material.
Furthermore, Granville's assertion that "even a touch over her panties" would be "sexual contact" is weird and irrelevant. Bisbee's lawyers do not assert the contrary. And Granville's statement about something that has nothing to do with the matter at hand is a curious red herring for an otherwise esteemed judge to be throwing out.
Bisbee can appeal Granville's decision, but according to her mom, Camille Tilley, it will cost her family another $17,500 in legal fees, money they don't have. Already, she and her husband, Tom, have spent more than $400,000 defending Bisbee, giving up careers to move to Arizona to be near their daughter, who is doing time at Perryville Prison in Goodyear. They're trying to raise money from donors through their Web site, justice4courtney.com. They're under a deadline of 30 days to come up with the money so the appeal can be filed.
If an appeal is filed, it may take eight months to get an answer. One of the rosiest scenarios would be for the appeals court to send the case back to Granville and order him to hold a hearing on the petition. I think you can see the problem with Granville's already making up his mind and only a recantation from Jon Valles convincing him that he's erred.
"I believe I'm always obliged to come up with the right answer," Granville told me last year, when I asked him if it would be possible for him to admit he'd made a mistake in convicting Bisbee in 2006. "And if I don't think I can [come up with the right answer], recuse myself."
Based on the tenor of his dismissal of the Bisbee petition, and some of the ludicrous statements he makes therein, Granville should recuse himself if the case is sent back to him. Otherwise, for Granville, the Bisbee case promises to be an anvil weighing down his judicial career.
WHIPPING POST
On his recent, whirlwind visit to Phoenix, the Reverend Al Sharpton did what no one else has done in Arizona's civil rights struggle for the undocumented: bring together African Americans and Latinos on the issues of racial profiling, immigration reform, and the 287(g) program.
After meeting with those who've suffered profiling at the hands of Sheriff Joe Arpaio's deputies, Sharpton addressed a crowd of several hundred at Pilgrim Rest Baptist Church, near downtown Phoenix. The audience included an equal number of African-American and Hispanic religious and community leaders. The perceived schism between brown and black was very much on Sharpton's mind.
"Let me deal with the 800-pound gorilla in the room," Sharpton said in his address. "This whole . . . tension between the African-American and Latino communities, we must heal. And we must understand that we are not each other's problem. We are each other's solution.
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