Appeals Court Oral Arguments for Larry and Carri Williams

This morning the Washington State Court of Appeals heard oral arguments for Larry and Carri Williams, who are seeking to overturn their convictions for the death of their adopted Ethiopian daughter, Hana Alemu. Many thanks to those who were able to attend the 40 minute hearing: there were about 25 people there for Hana, several from the Ethiopian Community Center as well as others who have held Hana in their hearts. It was a great showing of support for Hana. The courtroom does not have space for many more people than were there sitting behind the prosecuting attorney today.

Neither Larry nor Carri were in the courtroom. Both are in jail in Washington state, and this was a strictly legal process. It will likely be weeks before we hear the decision of the court.

As always, I must say that I am not a lawyer, so am writing about this with a non-legal background. In October 2013, Carri Williams was found guilty of homicide by abuse of Hana; Larry Williams was found guilty of manslaughter of Hana. Each filed appeals for their convictions in the death of Hana. Information about their sentencing is available here.

Three appeals court judges today heard the oral arguments by attorneys first for Carri Williams’ case, then for Larry. The attorneys for Larry and Carri had submitted significant legal documents for the appeal, which of course the judges had read prior to today’s hearing. The entire hearing was under an hour. This was not a re-trying of the case–it was a legal process to see if errors had been made at the 2013 trial which were signficant enough to reverse the convictions.

The main argument offered by the attorney from the Washington State Appellate Project on Carri Williams’ behalf involved the failure of the original trial judge to grant a mistrial after Hana’s Ethiopian uncle essentially disappeared, failing to return to Ethiopia. The prosecution had brought the uncle to the US, and he had testified (through translators) that he had proof in a family Bible about Hana’s age. Hana’s age mattered for the homicide by abuse charge; Hana had to be under 16 years old for Carri to be charged for that crime. There was controversy about Hana’s actual age, and dental and other experts were witnesses at the trial. The disappearance of the uncle was problematic. The trial judge struck all of the uncle’s testimony, telling the jurors to ignore it. The lawyer for Carri argued today that the mistrial should have been granted.

The attorney from the Skagit Country Prosecutor’s Office (representing the state on half of Hana) argued that the decision to strike the uncle’s testimony was appropriate. One of the Appeals Court judges today asked about the torture definition, as the standard of “torture” was a necessary element for the homicide by abuse charge. The attorney explained that one act in itself (food deprivation, outside shower, or locking in closet) might not have reached the level of torture, but the cumulative effect over time did, and so experts were consulted during the trial about the nature of torture.

Again, no one was arguing about the factual horrific events that led to Hana’s death. The appeals process is focused on whether proper legal procedure was followed in the 2013 trial. Hence, there were discussions today about whether the dental witness should have testified for a longer time, whether the instructions to the jury were adequate, and whether the timing of witness lists was correct.

The hearing then turned to Larry Williams’ appeal. Larry was not home the night Hana died, but had been aware and involved in the various disciplinary techniques by Carri Williams. There was discussion today of whether, from a legal perspective, Larry was an “accomplice” or a “principal” in the events that led to Hana’s death. The attorney representing Larry acknowledged that Larry “doesn’t have entirely clean hands” in the case, but that doesn’t make him an accomplice in Hana’s death that night. In response, the prosecutor argued that Larry breached his duty as a parent by denying Hana basic necessities of life, and participated in deprivation to Hana that was reckless. The jury at the trial believed Larry was a participant; one legal question in this appeal is whether both Larry and Carri were principals in Hana’s death, or whether Larry was an accomplice.

Neither Larry nor Carri has appealed their convictions of assault of a child, which involved their Ethiopian adopted son Immanuel. Today’s hearing was solely about the convictions for Hana’s death.

The judges could take weeks or months to issue a decision. If the convictions are not overturned, the Williamses can file more appeals.

Hana, we are standing with you.

Hana Alemu (Williams)

Hana Alemu (Williams)

 

 

 

 

 

 

Appeals Court Info on Williamses’ Case

There will be an appeals court hearing for Larry and Carri Williams on Monday, November 16, at 9:30am.The address is One Union Square, 600 University Street, Seattle.  I wrote about the hearing here, and I want to share some additional thoughts, especially if you were interested in attending.

It is a public hearing; all are welcome. There will be 20 minutes of oral arguments for each case, so the hearing itself will last about 40 minutes. There will be no decision made that day by the judge. It is not a huge room, and attorneys for other cases get preference in seats, but there is certainly room for the public. You may want to allow time to get through the security and get a seat.

I know there is great interest in the case, and enormous support for Hana. It will be great to have a strong showing of folks in court for Hana. I want to be sure everyone understands that this is a brief event, a legal process, lawyers talking to the judge. I will be there, and I know several others in the Seattle area who are planning to attend. If you can easily attend, wonderful. If you are unable to be there. we know you are joining us in spirit, and we will update you as soon as possible after the hearing.

Many thanks for all those who have kept Hana in their hearts.

 

 

Update on Hana Williams: Larry and Carri Williams Have Filed an Appeal to Their Murder Convictions

Hana Alemu (Williams)

Hana Alemu (Williams) Photo from Facebook page: Remembrance of Hanna Williams

In late October 2013, Larry and Carri Williams, the adoptive parents of Ethiopian adoptee Hana Williams/Hana Alemu, were convicted and sentenced to jail for Hana’s murder and associated torture. You can read about their sentencing here.

Larry and Carri have filed appeals of the conviction, and the Seattle Appeals Court has scheduled oral arguments for the appeals on Monday, November 16, at 9:30am. I will be there, and I hope many other folks in the Seattle area will be there also. A good showing by the public on Hana’s behalf could be a powerful statement to the judges. Many thanks to all who have kept Hana in their hearts.

I feel certain that many folks in Washington State, in the US, in Ethiopia, and around the globe will be watching this case closely.

We haven’t forgotten you, Hana.

Hana Alemu Trial

Hana Alemu (Williams)

Hana Alemu (Williams)

In 2 weeks, if all goes according to schedule, the trial of Larry and Carri Williams, adoptive parents (and alleged murderers) of Hana Alemu (Hannah Williams) will take place: Monday, July 22, 2013, at 9am at the Skagit County Courthouse in Mount Vernon, Washington.

Jury selection will probably take 2 or 3 days, so the opening statements might begin on Wednesday July 24 or Thursday July 25. Additionally, there is a meeting among the lawyers scheduled for July 16, for last minute maneuvering. As I hear any news, I will post an update.

Please spread the word encouraging others to attend this trial if at all possible.  I plan to be there, to bear witness for Hana, in the hope that justice will be served.

For background information, please see my previous posts Update on Hana AlemuOn Mother’s Day, and In Remembrance of Hana.

The Williamses are accused of homicide by abuse: this charge means that they caused Hana’s death (May 12, 2011) due to a pattern or practice of abuse or torture. It’s apparently a difficult charge to prove, as a jury must believe beyond a reasonable doubt that a pattern of torture or abuse existed, and that the pattern caused Hana’s death. If the Williamses are found guilty, the average sentence is 23 years.

The Williamses are also accused of 2 other crimes. One is first degree assault on Immanuel, the other Ethiopian child they adopted. The charge means that they caused him serious bodily harm.

While much attention has rightly been placed on Hana’s death, Immanuel was certainly a victim here as well. May we all keep him in our hearts. What that child has apparently been through–terrible abuse by his adoptive parents, as well as witnessing Hana’s abuse and death–is wrenching. He will likely be called to testify at the trial. I have heard he is doing well in his foster home, where his foster mother is deaf (as is Immanuel) and is teaching him sign language in a safe environment. I wish him healing, strength, and justice.

The other criminal charge against the Williamses is first degree manslaughter of Hana, which means recklessly causing her death. That carries a sentence of 7.5 years.

I’m not a lawyer. It’s been over 2 years since Hana died, and the trial is only happening now. Her body has been exhumed and reburied. No doubt there have been dozens of meetings and hearings and other legal actions. No one knows what the outcome of the trial will be. We can hope for justice for Hana.  Whatever happens, we will not forget her.

And let’s remember Immanuel always as well.