Appeal Update 9, 29 March/04

3/29/04: The Case Management Hearing took place on Friday, 26 March 2004, with the media and several staunch YP supporters on hand. The Evidentiary Hearing (EH) has been set for 23 August 2004. It's a bit of a long ride from here, but we are determined to use the time wisely, especially for fundraising, since the prosecutor seems to be determined to embarrass himself and the State at the EH, and in a new trial should it come to that.

You may be aware that during the making of health activist Gary Null's report on our case, a juror from the trial was found who has now become a staunch advocate for Alan. He says, knowing what he knows now, he never would have convicted, and that there was pressure to do so. He's been making media statements to this effect. It was requested that his testimony be allowed in the EH or trial, but the judge delayed decision on that. The judge also disallowed Alan's request to question witnesses directly.

On an interesting note, the State has removed suspended Medical Examiner Shashi Gore from its Witness List! The surprising part is not the removal of Gore, a huge embarrassment to the State, but that the prosecution persists in what is surely a doomed attempt to make the conviction stick without a valid autopsy, and with all the other evidence of incompetence and malfeasance surrounding the case. Does the word arrogance come to mind?

Another aspect of the prosecutor's persistence is that he probably knows that money is scarce, and that it could become problematic for EH and trial. Given the facts before him even unrelated to the autopsy, it seems quite apparent now he'd take a win by default to save face. As we've noted previously, the State has exercised its option to have a discovery hearing to take depositions from defense witnesses, which must then be reciprocated by Alan's lawyer. This is also a draining tactic, since the evidence, on whose basis the EH was granted, has already been submitted. Welcome to "justice" in America.

Also, the judge made a request to cease having letters sent to his office. At this point, they really do no good, just clog up his office and tick him off. So, we don't want to do that. So if you have it planned or posted anywhere to request help by people sending letters, please stop, and make no more letter requests to folks going forward.

In fact, this goes for all letters, including the State Attorney and Attorney General. We've really gotten beyond that now, since the prosecutor has shown determination to go to Hearing and probably will not be swayed by letters. Nor is the Atty Gen or Governor, etc likely to "cross" the prosecution on this. The die is cast. All effort on behalf of YP between now and 23 Aug would best be applied to fundraising. Letters to the media and publications are still OK.

If you have donated, know that you are appreciated beyond words. Please consider, if you haven't, sending a note to folks in your e-address book, with a concise review of the situation and a request for help. See below, "Why reversing this conviction will help many people" for "suggested" ideas to include.

This Update is just the tip of the Yurko Project “iceberg” as we continue to bear down on the State of Florida. Please peruse the website and get involved. Your help is very much needed. If you don’t know how, contact us and we will direct your energies appropriately. To receive Yurko Project updates and email alerts, send an email to with the word “subscribe” in the subject line.

Alan Yurko

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(Why reversing this conviction will help many people)

Alan Yurko


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