Anticipation ...

Anticipation, anticipation ... Is makin' me late ... Is keepin' me waitin'
We can never know about the days to come..."

The lyrics are by Carly Simon but the emotion is universal.

Tomorrow at the High Court in Edinburgh there will be a hearing on the Luke Mitchell case. It is his final hearing on an appeal. After this it is not simply that there will be no more appeals. If this appeal fails, it is illegal for him to file any more appeals and it is illegal for any lawyer to file an appeal on his behalf. His Nobile Officium petition failed. His appeals have all fallen on deaf ears. He is serving a life sentence.

For those of you who may not follow Scottish crime quite as closely as I do, here is a brief summary of the case.

Fourteen year old girl raped and murdered in the woods. Police immediately suspect the fourteen year old boyfriend, Luke Mitchell, despite the fact that the murder scene reveals a violent and bloody struggle and Luke Mitchell is without stains or injuries of any sort. Police are so certain of their snap decision that they leave the corpse out in woods overnight uncovered and unguarded thereby allowing rains to wash away forensic evidence. Crime scene reveals the biological fluids of three men, none of the fluids are those of Luke Mitchell. The three males are neither arrested nor charged. One of the three males radically alters his appearance including cutting his own hair shortly after the murder but police only are interested in Luke Mitchell.

Victim had been grounded and was expected to be at home where a violent and unstable brother dwells and where the three males visit from time to time. Victim's family claim that their daughter had been suddenly un-grounded and left the home at a time that might implicate Luke Mitchell. Victim's family also claim they made a sudden visit to a graveyard which gives them a place where they would not have had any witnesses.

Police leaks provoke a media frenzy about the tattooed 14 year old. Articles mention links to Satanism and Marilyn Manson whose website bears depictions of a corpse with its throat slashed. Defendant's mother is arrested and charged with perverting the course of justice and threatened with a perjury charge which carries a seven year sentence.

Defense lawyer at trial appears ignorant of significant facts, offers no countervailing forensic evidence or dna analysis and generally appears to be accepting of prosecutorial allegations including the allegation that the semen of an uncharged male was on the victim's bra through a process of innocent transfer.

Well, the hearing is tomorrow. Anticipation is troubling me. I imagine its worse for the defendant's family though. Its difficult for the family to see their son doing a life sentence in prison for a crime he didn't do.

Anticipation. I imagine its also a bit difficult for the now 21 year old accused. He knows that although his Life Sentence carries "only" a twenty year minimum that he will serve his entire life in prison if he does not win this appeal.