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Ken Miller is free!

Ken Miller is finally home! I don't know for sure if he is regarded as on probation for a time, but there is no future prison term hanging over him at the present time.

The "support" button has been taken down off the sidebar of the case. It's interesting to me that he and his friends obviously assume that he will now once more be able to support his (rather large) family again. I'm assuming that this means there is work available there in his supportive community, for which he will be paid. He was previously a pastor. Perhaps he will just seamlessly move back into that role.

There remains the civil case filed by Janet Jenkins against him and many others. It was allowed to proceed almost exactly a year ago. I have seen no action since then. I assume he will have legal expenses in connection with that.

Comments (11)

Praise God!

Are Lisa and Isabella still in Nicaragua (as far as anyone knows, anyway)?

As far as anyone knows. It's concerning to realize how vulnerable they must be. All the more so since even some of the Mennonites there did not know where they were *relatively* recently. E.g. Timo Miller said that he didn't know where they are anymore at the time when he was tried. It's not like Nicaragua is a nice place. I have no idea how they are being supported, etc.

Ravens, presumably. (Wry Bible joke.)

It's been so long that Isabella is approaching the age when she can tell any creep wanting to pretend she's her mom and any judges foolish enough to agree to go jump in a lake.

I think about four more years. By my calculations she is about 14 now. But remember that her mother is being sought for international kidnapping, and that will not change even when Isabella is an adult. I don't even know if it has a statute of limitations. Presumably even as an adult, Isabella could be held in contempt of court for refusing to testify against her mother. I don't know what would happen if she came back alone and Lisa were not captured--what legal means there might be to force her to testify about Lisa's location, for example.

But presumably if they are surviving at all in some decent manner they have somehow made a life in Nicaragua. I doubt that there will be anything here for Isabella to come back for.

"But remember that her mother is being sought for international kidnapping, and that will not change even when Isabella is an adult. I don't even know if it has a statue of limitations.
" Statute of limitations does not apply if one is outside the jurisdiction, as part of a flight to avoid prosecution.

There y'go. So even if there were a statute of limitations, it wouldn't apply to Lisa. I don't see how either of them can ever return.

Of course it wasn't just a flight to avoid prosecution. It was a flight to avoid having Isabella given over to Jenkins. But I doubt that would make a difference.

" I don't see how either of them can ever return."

Why? She (the child) hasn't committed a crime. She is a citizen and all she has to do is present at the embassy and let them sort things out. As she was a youngster I doubt she has any information that would be of much use anyway and the facts are well known.

Given the role of Liberty in possibly screwing up her life it would be a nice gesture for the University to offer her a full ride once she hits 18. If Liberty "somehow" let her know, all they would have to do is send her airfare and the Embassy would fix her up with the necessary paperwork.

The question I would love to have answered is who or what made her (Lisa) rabbit. The night before she is at a pool party acting normal and the next day she's gone leaving everything behind. There wasn't a warrant and nobody knew she was gone for some time. As near as I can piece things together from the various stories, the dramatic fleeing to Canada was unnecessary - all she had to do was hop a flight at the nearest international airport - a thousand or so parents do this every year.

You may think she doesn't have any useful information, but it does not follow that the federal government would not think that she has any useful information. And if they did, and she refused to cooperate, there are circs. in which she could be held in contempt. There's little point in arguing with you, Al, but *even you* have been forced to acknowledge that the prosecution of both Ken Miller and Timo Miller, in particular the seeking of sentences, has been over the top. I could see that same, shall we say, overzealousness carried to the extent of demanding that Isabella submit to lengthy "interviews" and tell all she knows about the last known location of her mother, who else was involved in the series of events, and so forth. Now you'll say that's unreasonable to worry about. Fine 'n' dandy, we'll agree to disagree. But I won't sneer at either Lisa or Isabella if they worry about it.

"...but *even you* have been forced to acknowledge that the prosecution of both Ken Miller and Timo Miller..."

I believe I freely acknowledged that incarceration and over-incarceration is a problem in our system and merely pointing out that Isabella is a citizen who, though dwelling in a foreign land, possesses the same privileges and immunities as you and I isn't sneering.

Isabella will be 16 next month which ages her out of 18 USC 1204 and the Hague Convention. On April 16, 2020 she will be 18 and an adult which ages her out of any custody issues. If some entity (oh, say Liberty) stepped up she could come home now and file for emancipation. I will assume that she still has her passport. As her residence status in Nicaragua is not known, she may have matters to sort out before she can leave the country. Perhaps Nicaragua would just deport her.

"You may think she doesn't have any useful information, but it does not follow that the federal government would not think that she has any useful information."

No one has to sit for an interview with any law enforcement agent ever. While the hard-wired parts of our Constitution are failing, the Bill of Rights is in pretty good shape. In general, one cannot be jailed for refusing to answer unless you are in front of a judge and have been given immunity.

FBI Agent - "Ms, are you Isabella Miller?"


"May we ask you some questions?"

"No, but if you give me your card I will pass it on to my attorney and she will be in touch with you."

"We can speak with you now or we can subpoena you before a grand jury."

" My attorney is authorized to receive any subpoenas, here is her card."

That's all. Happens every day. Be polite, invoke your right to counsel, don't lie, and don't get sucked into anything further. BTW, the folks at Liberty owe her some pro-bono and way more.

Grand jury? Really - she was seven when all this happened and "I don't know" or "I don't remember" is likely true as well as being unimpeachable. As to the whereabouts of her mother - we found OBL and Whitey Bulger, if anyone really cared she would have been located long ago. Of course, and on the other hand, once, and if, Isabella is breathing the sweet air of freedom, she may well have some scores to settle - I know I would.

" And if they did, and she refused to cooperate, there are circs. in which she could be held in contempt."

Doesn't work that way and good luck finding a prosecutor and judge who are going to throw an eighteen year old kidnapping victim in jail for eighteen months (max for contempt) for not rolling over on her mother for a non-continuing, non-violent, non-fiduciary crime (Aaron Swartz comes to mind).

Lisa blew off a judge and entered into a conspiracy to violate a federal statute so she has an outstanding warrant that needs to be resolved. That's what happens when you blow off a judge and conspire to violate the law. Her co-conspirators either co-operated or went to jail.

Your dystopian view may well be justified in the future if we are subjected to seven more years of the Trumpenfuhrer and Rethuglican control of the Congress and the courts but with all our faults, Isabella isn't going to Gitmo.

I'm replying because, and as in the family court custody case, we are dealing with simple human frailty not sky-is-falling precedent. Lisa can come home and do a little time (or not - I believe she may be a tad mental and at any rate Liberty owes her a plea negotiation) and Isabella can come back and get on with her life without fearing incarceration..


Thanks, Thom! I hope we get some kind of update at some point on how Ken is doing and what is next for him. Is he just going back to being employed by the church in Stuarts Draft, or...?

Also, it's interesting that I can find no new news on the lawsuit against him, Zodhiates, Liberty Law, et. al. since just over a year ago when the judged allowed Jenkins to add defendants to it. I wonder what's happening there. It's really the next round of ordeals for all of them.

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