The Tenth Time’s A Charm
It took until I was 42 before I left my comfort zone to try to help others who weren’t blessed with the same opportunities my family and culture afforded me. I often lament the fact that I waited so long, and I am grateful that my children have jumped in early.
Perhaps I am subconsciously trying to make up for lost time now, as I have almost completed my journey back to Uganda for the tenth time in three years. (I am on a layover in Kenya right now). I certainly did not intend for Uganda to be a second home when I first ventured here in January of 2010.
This trip, in many ways, is the trip I have most anticipated and most feared since I knew it would be necessary. In many ways it is surreal that the time has finally come to close the first chapter opened during my first trip to Uganda.
During that trip, I met 21 children who were imprisoned awaiting trial. Within two months, 17 of the 21 had been released. Shortly thereafter, the boy (Henry) with whom I had grown close was convicted of murder. This prompted my second trip during which I prepared his Pre-Sentence Report. One month later, he was sentenced to one year of probation, released, and restarted school (at Bob Goff’s Restore International in Gulu). But Henry’s case was far from over. The conviction could not stand. It was contrary to both the facts and the law. The deceased, a fellow prisoner, had died from what appeared to be an asthma attack after an unsuccessful escape attempt while he and the other prisoners were working as slave laborers, hired out by the adult matron running the juvenile prison.
The lawyer representing Henry also represented his co-accused – the adult matron. Because she faced the death penalty if convicted, and because Henry’s maximum sentence was three years because he was a juvenile, the lawyer called no witnesses in Henry’s defense. Instead, he called the matron to testify against Henry and told Henry that he needed to take one for the team.
During that second trip to prepare Henry’s Pre-Sentence Report, I also secured a Ugandan lawyer to represent Henry on appeal. A few months later, I became aware of an obscure provision under Ugandan law that would allow a foreign lawyer to apply for special permission to appear in a single case in Ugandan courts. Shortly thereafter, I was issued a Special Practicing Certificate and became Henry’s counsel of record on the appeal.
After more than two years of delays, mostly caused by an intervening Ugandan election, the oral argument on the appeal is finally scheduled to take place – Tuesday, March 12th. The prospect of being the first American to argue before the Ugandan courts is pretty cool. It is, however, even more daunting.
I still get jitters before teaching Torts – for the 13th time. Suffice it to say that my jitters have their own set of jitters as this date approaches. With the help of my then-research-assistant-now- Pepperdine-Law-Dean-of-Students Al Sturgeon, I wrote the appellate brief in the summer of 2010. So I have been thinking about this case for a long time. Accordingly, I feel quite ready on a substantive level. I am more nervous about whole idea of it all than I am in standing up in front of three judges to talk about a case about which I could not be more passionate.
On three of my prior trips, my luggage was delayed a day or two, which is why I am landing late Thursday night in advance of a Tuesday argument. Additionally, I will have the opportunity on Monday to watch a few arguments in order to get a better sense of the style and tempo.
As you might expect, I would be grateful for your prayers for my nerves and blood pressure. There is another potential complication about which I will write if things go according to plan on Tuesday. Please be praying that there are no logistical complications relating to getting Henry to the hearing without causing him any setbacks in his current situation. We are praying fervently that this will receive zero media attention in Uganda.
Praying, praying, praying, Jim. We are waiting to hear how God is continuing to work in Henry’s life.
Absolutely praying.
Henry is in terrific hands, and I think of the jitters as an engine revving before the race’s start. All the best, Jim, for a great argument and safe return.
This was amazing to read. Thank you so much for sharing this. I am praying for you and Henry.
I am, and will continue to be, in prayer for you and for Henry. The pre-argument jitters are a good sign and will sharpen your focus. No lawyer worth his salt is relaxed going into argument or trial. Good luck, and may God be with you.
Blessings and our prayers, Jim.
Jim, You are God’s man for this time and place and, most importantly, for Henry. May God be gracious to both of you.
Tom
Dean Gash – you are nothing short of what the families called you the first time (I think it was magic mazunga?). It has been such a joy to watch this story unfold. We are nothing short of inspired by your commmitment to this young man. How many American lawyers would be so dedicated to making sure justice is served for Henry? Thank you for all you do. Sending up numerous prayers for comfort, peace and justice.
Casey
Our prayers are with you and Henry. God bless you. We love you and are amazed at the work God has placed in your hands.
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