Background 

(The oral argument for Michael’s appeal has officially concluded, and we are now in a period of waiting. The Ninth Circuit Court of Appeals heard the case, and we anticipate one of several potential outcomes. The court could grant a new, third trial; it could remand the case for resentencing; it could grant the appeal entirely; or it could deny the appeal. Listen to the recording here: https://media-oa.ca8.uscourts.gov/OAaudio/2025/11/243384.mp3)

This stage is the culmination of a long and complex legal battle, one that we believe stems from a fundamental misunderstanding and mishandling of the case by the government. A central point of contention has been the perjury charge levied against Michael during the second trial.

The perjury charge was based on an alleged falsehood regarding an agreement Michael had with his father. This agreement stipulated that his father would compensate him for providing care. Evidence of this agreement was submitted to a Social Security caseworker. The cover letter referencing the agreement was found in the case file, but the agreement itself was conveniently lost.

Despite the documented existence of the cover letter, which indicates the agreement was submitted, the government proceeded with a perjury charge. It appears this charge was pursued because there was no other substantive basis for their case against him. Charging an individual with perjury when there is clear evidence that the core document was simply lost by the agency responsible for it is a profound injustice.

We firmly believe the government's team was not adequately prepared and did not have a thorough understanding of the case facts. Their reliance on the questionable perjury charge highlights the weakness of their overall position.
The legal process is designed to uncover the truth and deliver justice. We remain hopeful that the appellate court will recognize the inconsistencies and procedural issues that have marked this case from the beginning.

For those interested in understanding the specifics of the hearing and the arguments presented, you can listen to the official recording of the oral argument. We encourage you to listen and form your own conclusion based on the facts presented.

You can access the audio here: https://media-oa.ca8.uscourts.gov/OAaudio/2025/11/243384.mp3
We will provide an update as soon as a decision is rendered by the court.