NYCC 08: GORDON LEE CASE DISMISSED

[MattBrady]

At Friday evening’s “CBLDF Presents An Evening with Neil Gaiman,” the guest of honor began the evening with a surprise announcement. Just after taking the stage following an introduction by Bill Hader of Saturday Night Live and the just-opened Forgetting Sarah Marshall, Gaiman announced that the Gordon Lee case has been dismissed.

Gaiman told the story of the case, and how the copy of the Alternate Comics #2, a Free Comic Book Day comic that was accidentally given to a child during a Halloween celebration in 2004 in Rome, Georgia. Gaiman’s brief summary of the case included what he characterized as mistakes by the prosecution, adding that, to date, the case had cost the CBLDF over $100,000. Gaiman said that, in his view, the Rome, GA prosecutor was specifically determined to send Lee to prison.

But now, Gaiman continued, the judge has signed off and all charges against Gordon Lee have been dismissed.

The assembled audience broke into loud, long applause.

“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.

[GLX]

Congrats, Gordon.

[De Martini]

Congratulations to Gordon Lee. This is fantastic news indeed. And as far as the Rome, GA prosecutor is concerned, I hope he gets ahold of some tainted cheese. And that's all I'm gonna say about that.

[Omega Flyer]

Finally, glad to hear this. It's just a damn shame that it took so much time, money and stress to get to the logical outcome. In fact, i'm no law, expert but could Lee counter-claim for emotional and financial stress?

[Spaz_Monkey]

HOT DIGGITY DAMN!!!!!!

I can not believe this damned case has taken so long, but finally logic has taken hold.

Mere words can't express how happy I am to see this finally come to an end.

[Samy Merchi]

I'm not up on the American legal system, so please forgive me my confusion, but can somebody explain to me how it is just to have a system where an innocent person has to pay $100,000 or go to jail for not breaking the law? If CBLDF didn't exist and Lee didn't have the money, would he just have ended up an innocent man in jail? Finally, is a winner reimbursed their legal expenses, or can anybody take anybody to court just to cost the other person money?

[Kent Horton]

Originally Posted by De Martini

Congratulations to Gordon Lee. This is fantastic news indeed. And as far as the Rome, GA prosecutor is concerned, I hope he gets ahold of some tainted cheese. And that's all I'm gonna say about that.

She actually.

This is great news. I just wish (though I doubt it will happen) that the judge or someone will file a motion against the prosecutor for wasting everyone's time with what was clearly a pure agenda case.

[weaselwelch]

YES!!!! Awesome news. As Charles said this case should have not have even gone this far. the only word that describes this case is FUBAR.

Cangrats Gordon.

[waterdragon]

Awesome. Just fantastic news.

[shadow-ray]

I'm not trying to cause trouble or start anything.

I'm glad the case was dismissed, but at the same time, i hope Mr. Lee takes a closer look at what he gives away for free next time.

[Sims]

About ____ing time!

[grantg]

Will Gordon be able to file a civil suit against the prosecutor?

[TheNoirPI]

It's kind of odd as of late that so many articles and interviews have them yet ____ and ____ are still censored when you type them on the boards. What the ____s the point?

[Mezzrow]

Originally Posted by Samy Merchi

I'm not up on the American legal system, so please forgive me my confusion, but can somebody explain to me how it is just to have a system where an innocent person has to pay $100,000 or go to jail for not breaking the law? If CBLDF didn't exist and Lee didn't have the money, would he just have ended up an innocent man in jail? Finally, is a winner reimbursed their legal expenses, or can anybody take anybody to court just to cost the other person money?

I'm an American and I could not even BEGIN to tell you how our f'd-up "justice" system works. But, yeah, basically, without back-up and legal and monitary help an innocent man would have spent years in jail because some slick-talking, moralistic good-ole-boy shitheel wanted to win an election.

Because, in America, the bigger you lie, the higher you go. Look at the steaming pile of offal that is our president, for one. Europe and most of teh rest of the civilized world dispises the US right now. And for good reason. We need a housecleaning like none other.

[BillReed]

HALLELUJAH!

[Justice]

Every once in a while you get a hint that maybe, just maybe, there's someone out there with some common sense.

Thank God this is finally wrapped up. I hope the prosecutors find some worthwhile crimes to prosecute, and do a far better job of it.

And I hope Mr. Lee can finally put this behind him and focus on living his life and being happy and healthy.

[Kal*el]

Fantastic news. The whole case was ridiculous and I'm very happy for him that it's finally over.

[Primate]

Great news to start the weekend. Glad this thing won't be hanging like an albatross over the industry anymore. Congratulations to Mr. Lee, and I hope the CBLDF gives itself a pat on the back. Way to go, Team Comics.

[rassmguy]

I am very pleased to hear this. I hope Mr. Lee sues the pants off of those idiots in Georgia. I can't believe the case got as far as it did--sometimes, I'm embarrassed to be an American.

[JimmyKitty]

Brilliant news.

Please support CBLDF, please support our industry and retailers.

[Nat Gertler]

(Sound of Nat doing his happy dance!)

[Semicyon]

Congrats Gordon Lee and thank you, CBLDF, for doing good work within the American legal system.

[JLAJRC]

Congratulations, Gordon.

[Spy_Smasher]

Fantastic news and real kudos for the CBLDF and it's donors/contributors for coming to the rescue.

[Glen Cadigan]

Great news, but also a sad tale of how easy it is for those in power to abuse it, and how helpless the average person is when that happens.