Posted 7:48 AM by Murph.

The latest e-mail from Heath and Kenzi:

Hello Everyone-

The Prosecutor has decided to have a retrial. We will be in Seoul for another 2 to 6 months.

We have done two interviews for television. One was for the AP service. One of the questions that was asked was what she wanted to do most now that she is "out" and Kenzi said, "Take a bath and use a fork," so we got a lovely lunch to film the fork-using. The other was for a Korean national TV series (similar to 60 Minutes). He asked me why I had came and stayed all this time and I said to support her, later in the car he asked me what I meant by support her now that she was free and I liked my answer. I said, "To give her family roots so she may remember how to use her own wings." We will be getting tapes of the finished product as souvenires (not your ordinary gifts for places far and exotic). And on Sunday, Kenzi is giving her testimony in church (I really would like that videoed, but it will be recorded for sure).

We are staying with Pastor Wayne's family for a week. Kenzi is starting to feel more comfortable with all the extra noise and motion that city life brings. She has few clothes of her own, but people are lending her very nice things, so she is not stuck with her one winter sweater and a pair of jeans. She has become good friends with the pastor's daughter and her lawyer's daughter, so she can do things with people her own age. So far, she has gone bowling, out for lunch an embarrassing number of times, for ice cream and to a movie and shopping. Pretty fair coverage of the finer things in life.

We may be living and volunteering in an orphanage soon. This would be so wonderful and would work out well all around. We would trade room and board with teaching English and general work around the orphanage. Working with kids is a great way to get away form your own concerns. Please pray that this works out!

I wish you all the best and I thank you again for love and support and messages and good wishes and prayers sent our way. They have all been greatly felt and appreciated!! Please pray that this new trial goes quickly and that she is found innocent a third time!

Love, Heath and Kenzi

Not the best news--they're possibly stuck there for the rest of the year, it sounds--but at this point it seems highly unlikely that Kenzi will be found guilty of anything, they have a place to stay and people to take care of them, and they'll be working with children, which is what both of them love, so it's not as bad as it could be.

Posted 6:33 AM by Murph.

According to a Pacific Stars and Stripes article, Kenzi will probably be sticking around Korea for a while, as the prosecution says they plan to appeal. It doesn't sound like an official appeal has been made yet, just an intention to appeal. At this point, it would seem as though appealing won't do much good--how many times can you prosecute somebody when all of the evidence is against your case before you just give up?--but it looks as though that's not stopping them.

Posted 4:28 AM by Murph.

E-mail from Kenzi and Heath! They waited until it was past the bedtime of all good bloggers so that I couldn't post until I woke up today, leaving us all in suspense. Here you go:

Hello Everyone-
 
Oh yes, you have heard correctly!!  She is free and sitting right next to me at this very minute and at this computer keyboard!   Take It Away, Kenzi!!!!!!!!!!!!
... and then she puts me on the spot and expects me to know what to say...or how to type:)  i'd write more about all of this but right now i am  not really sure how or what is going on inside of me. i'm still absorbing. but i will get to that all later, rest assured.
 
Yes folks, some of her experiences have been interesting today.  Her short list of what she wanted to do were....You will never guess........ 
...take a bath and eat with a fork. now that that list has been fulfilled i'm rarrin' for some suggestions. have any?   MMMM....chheeeeese!
 
You may all have heard about the extra week we need to stay for the prosecutor to decide if he wishes to re-prosecute.  We need your prayers heard for this one.  It is very seldom for a defendent, once the case get to the courts, to be proven innocent.  And it looks bad on the prosecutor's record to lose, so often what they do is pass it on to the higher court, so they don't lose the case, the next guy does.  We are really hoping we got an honorable man who is willing to sacrifice some career points so that Kenzi can go home now, rather than in a few more months.
...putting me home before my birthday which is what i have been praying from the beginning...and you are all invited to the celebration.  the times and date will be given as soon as we know them
 
We must tell you, however, of the amazing goodness of people here.  The daughter and wife of Kenzi's attorney stayed with me for the all-day vigil to get Kenzi out of the door and onto the street.  They took me out to eat twice, translated all the information, and bought Kenzi flowers.  Her attorney even signed as a guardian, rather than have her need to be held in immiration (maybe for days).  But finally, at about 10:00 pm. the immigration officer came to pick her up and he just signed her over to me.....and we partook of the traditional jail release ceremony- salt throwing, egg stomping, and tofu munching (the required three bites).  And now we are staying together at the home of the "Pastor with S(e)oul".
....Oh, yes, things are good:)
 
We shall be writing again as Kenzi gets adjusted (better acquainted with reality) with the world.  Please pray for the prosecutor to have the strength of character and compassion we are asking him to have.  For us, this would be a hard thing to do twice, and for him it would be a stupid career move, not to do.
 
Love and hugs to all....Heath and Kenzi (happy thoughts and TOOTLES!!)

Hopefully, this will be the second-to-last post I have to make (the last being "Kenzi is home!").

Media attention seems generally pro-Kenzi...

• The Huntington Herald-Dispatch has an online poll on whether or not the acquittal is justified. Not that this will affect the Korean justice system, but my preferred answer is "yes."
  
• Pittsburgh's Post-Gazette has an article focusing largely on the reaction by Jamie Penich's family. The article comes out strongly, though, against the idea that an appeal would be just.
  
• The Minneapolis Star-Tribune focuses more on Kenzi's background and talks with her friends and family in Minnesota. They also have a link back to this page. Thanks, Strib.
  
• The Charleston Gazette has the Associated Press piece.
  

Reading the articles, it looks like I may not be able to close up shop after all; the Pittsburgh piece mentions the possibility of a civil suit by Jamie's family upon Kenzi's return to the states. I'm not sure how exactly that would work, but I would guess that Kenzi would not be held while the case was going on, and I would also guess that she'd come out of it just fine. The Korean court's opinion seemed pretty clear, and if you've been following the case, you probably agree that the court made the only rational judgement.

Posted 9:19 AM by Murph.

Still haven't heard from Heath, but more articles have shown up on google:

• From The Minneapolis Star-Tribune, a longer AP article
  
• The JoongAng Daily is a Korean paper
  
• Here's a link to search Google News yourself, if you don't want to wait for my updates. That link will search for kenzi's name and return results ordered by date, most recent first.
  

The AP article in the Strib states that the prosecution will appeal. I've been asked whether an appeal would be an example of "double jeopardy", or being tried twice for the same offense; I have to admit that I don't have a detailed enough understanding of either the American or Korean justice systems to make such comparisons. If you know anything about this and you care to comment, let me know.

Posted 5:38 AM by Murph.

Kenzi has been acquitted! No news from Heath yet--I expect she's too excited to type yet--but google news delivers:

• Huntington Herald-Dispatch with the AP story
  
• Chosun Ilbo has about the only non-AP story.
  

As they point out, the prosecution still has the option to appeal, but the judge seems to have delivered a strong enough statement that hopefully they won't bother, and Kenzi will be able to come home:

Kim said the court decided not to consider the confession Snider made to FBI and U.S. military investigators because Snider claimed she had been coerced into making it.

"There is no other evidence to find her guilty of the accused crimes. She is not guilty," Kim said.

News from Heath will be posted as I get it...

Posted 10:43 PM by Murph.

Kenzi's mother relays some further information on the Korean legal system that the Consulate just told her:

Hello Everyone- Always a new fly in the honey.....
 
 
Heath,  As they say, I have some good news and some bad news.
 
As you may know, there is a procedural rule in Korea which says that if a person accused of a crime is held in jail before the decision of the court, and the court takes more than six months to reach a decision, the person is released on his or her own recognizance until the court renders a decision. We have been informed by the Ministry of Justice that Kenzi if the court does not make a decision this Thursday, June 19, Kenzi has been held for six months and must be released, pending the decision by the court.  She may not leave the country.
 
If the court finds Kenzi guilty, she will be held until she is sentenced.  All the time she has been held in Korea will be credited to her sentence and count as time served.
 
If the court finds Kenzi innocent, the Prosecutor has seven days to decide if he will appeal the court's decision.  She will be released from jail but will have to remain in Korea until the Prosecutor makes a decision about the appeal. 
 
We have been told that the Prosecutor appeals in most cases.  If Kenzi is found innocent, is released and the Prosecutor appeals the decision, Kenzi will be out of jail but may not leave Korea until the appeal has been decided.  It may take several months for a court decision on an appeal.
 
No matter what the reason for Kenzi's release, she will probably not be released directly from the court.  The Ministry of Justice will transmit an order to the jail for her release.  It may take several days.
 
I realize that you have been living very modestly in Korea.  If Kenzi is released Thursday because the court has not reached a decision, you will be faced with the living expenses of both you and Kenzi.  If the court finds Kenzi innocent, either this Thursday or at a later date, and the Prosecutor appeals the decision (a likely outcome), you will be faced with living expenses for both you and Kenzi until the appeal decision is made.  As I mentioned, that could be several months.  The Ministry of Justice official who contacted us about  all this was concerned about how you and Kenzi will get by if Kenzi is released but must remain in the country.  I think the Ministry feels some obligation to ensure your and Kenzi will be OK.  Once we know what's happening, please let me know about your financial situation.
 
See you Thursday. The Consular
 
 
This may put a new timetable in place for our return.  I hope we get there before Christmas, 2005!  However the good part is that the prosecutor did reduce the charges, so he may not wish to continue.  So they new prayer direction is for the Porsecutor to give up and let us go home.
 
Love to you all, Heath 

Posted 12:33 PM by Murph.

A few new articles from google news, though none at a particularly high level of detail. The main points of this round of articles are that the prosecution is seeking a seven year prison term while Kenzi and her lawyer maintain that she is innocent and should be acquitted. The panel of judges is scheduled to issue a verdict on June 19. There probably won't be any new information between now and then, but I'll pass on Heath's announcement as soon as I get it.

The articles:

• Pacific Stars and Stripes
  
• Huntington Herald-Dispatch
  
• Pittsburgh Post-Gazette, as representative of the AP article which is repeated in about 20 locations that google covers.
  

Time for finger-crossing...

Posted 10:13 AM by Murph.

Today is 5 June, the day that Heath's previous message said Kenzi would be released on. Unfortunately, it seems like some details were missed somewhere, as Heath notes in today's update.

Hello Everyone-

Wrong Wrong Wrong Wrong Wrong Wrong Wrong Wrong Wrong Wrong Wrong Wrong Wrong Wrong wroooong

What else can I say?? There are three issues that came up today.
The first was beyond my control , but very, very good. The FBI did not even show up.
The second was Kenzi was not released today: 1) e ither I got the information wrong, 2) I was given the information incorrectly (very likely with all the translating needed), 3) the judge just changed his mind, or 4) he forgot to mention it before he left (he's human. too). Whatever the reason we were very disappointed.
The third is my fault entirely, I forgot that this was (hopefully) the last hearing . But that we would need to wait two more weeks for the judgement. I just forgot all about that part! I knew that from the very beginning and (maybe) I just got over-zealous (or over-optimistic... ME?) and didn't remember on purpose.

But just two more weeks..........again! I sure hope I did not get anyone's hopes up too high. I will happen eventually, she will be release at some point, I'm sure.

Obviously, Heath *did* get hopes up (mine, at least), but I think she's overly hard on herself. Were it not for her, none of us would know anything at all. And, as far as I can tell, the first "wrongness" is actually very very good for Kenzi: witnesses against her not showing up to testify means a weaker case, so a higher likelihood that the case will be thrown out. It looks like a little more patience will be required, but it sounds like things are moving in the right direction. I'll post news articles if/when I find them.