Judge Dismisses Gordon Lee Case
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Long-time readers may recall that two of my very first posts on this blog concerned the case of Gordon Lee and the questionable tactics used by Georgia State Prosecutors.
For those who don’t know the story and are too lazy to click links, the case basically breaks down to one of Lee’s employees mistakenly giving a copy of the Alternative Comics #2 Free Comic Book Day Sampler to a boy during a Halloween 2004 giveaway. The sampler contained a depiction of Pablo Picasso naked.
After several missteps including prosecutors changing the identity of the victim, the case finally went to court last October where it promptly ended in a mistrial when prosecutors blatantly ignored a court order during the opening statements.
For a more detailed synopsis, you can click either of those links above or read the Comic Book Legal Defense Fund’s summary of the case here.
The good news is that this ridiculous episode is finally over. Newsarama reports that, during a reading to benefit the CBLDF at the New York Comic Con, Neil Gaiman announced that the case against Lee has been dismissed.
“And we are so fucking relieved, it was very, very long and hard and incredibly stressful for Gordon,” Gaiman added before thanking the crowd for their support, noting that it’s a very rare instance when one is able to begin a presentation with such good news.
While the Gaiman reading continued, Newsarama was able to spend a few minutes with the CBLDF Executive Director, Charles Brownstein, to talk about the dismissal.
Newsarama: How much can you say of what happened with the case to lead to its dismissal?
Charles Brownstein: We should do a full interview next week where I can fill in details more explicitly. I have yet to read the documents, because I’ve been at Con all day, but will issue a full release as soon as possible that fills everything in.
That said, this has been a potential outcome since the prosecutors created a mistrial last fall, vowed to bring a trial on the next calendar, then failed to do so when the next calendar arrived. I can say that our team filed a thorough motion to dismiss on grounds prosecutorial misconduct outlining the entire history of Patterson’s office’s mis-steps that was never heard, and that this is an election year for Leigh Patterson. I don’t know if those facts are connected, but one can draw their own conclusions.
NRAMA: This case has been characterized by its up and downs. How final is this?
CB: All charges are dismissed. Gordon’s nightmarish ordeal is finally over.
NRAMA: From the view of the CBLDF, how does a complete dismissal compare to a courtroom victory?
CB: A clean win is a clean win. And this is a very clean win.
It should have never gone this far to begin with.
If Gordon did indeed hand Alternative Comics #2 with the Salon excerpt to a minor, then he should have been confronted and asked for an apology by the parents not the law. When the police decided to arrest and the prosecution decided to press charges, they should have never overcharged him with two felonies and five misdemeanors. When all but two misdemeanors were thrown out, and we were in Georgia for trial, the prosecutors should have gotten their facts right and not forced us to go back to start. And when we were finally at trial the second time, they shouldn’t have created a mistrial.
This has been a tragedy of errors. Gordon has been unjustly maligned and prosecuted throughout. All along the Comic Book Legal Defense Fund, our board members, and all of our supporters have stood behind Gordon’s innocence, and now that faith has been vindicated.
And that is why I support the Comic Book Legal Defense Fund.
Technorati Tags: Gordon Lee, Comic Book Legal Defense Fund, Neil Gaiman, New York Comic Con, Free Speech
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