| Note #41 |
This is a good one. That was precisely the "misconstruction" employed by Mr. von Geis himself in support of his refusal to prosecute these perjuries, etc, in the first place.
What Judge Wolfe was actually stating of course is that Mr. Brown should not be prosecuted for crimes which he fabricated, i.e., his own (purported) involvement in the kidnap, rape, and murder of Kathy Wilson. That was his basis in granting Mr. Brown's Motion to Withdraw Guilty Plea. AND, in vacating his sentence to these very charges.
Of course in his next breath Judge Wolfe grants the Commonwealth leave to prosecute Mr. Brown on those very charges. Go figure.