Justice for Foad

Update posted by Foad Afshar On Jun 04, 2017

The prosecutors had asked the judge to reverse her decision to void the conviction. In a short order issued last week she declined to do so. There is a court date set for June 26 at 1:30 to determine the future course of this case. Please continue to support me and my family as best as you can. The hurdles are many to overcome yet. Thank you for your continued support. May your generosity be rewarded many times over.

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Update posted by Foad Afshar On Jun 04, 2017

The prosecutors had asked the judge to reverse her decision to void the conviction. In a short order issued last week she declined to do so. There is a court date set for June 26 at 1:30 to determine the future course of this case. Please continue to support me and my family as best as you can. The hurdles are many to overcome yet. Thank you for your continued support. May your generosity be rewarded many times over.

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Update posted by Evan Morse On Mar 29, 2017

March 28, 2017

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Michael Kandle, Psy.D.

Attorney Ted Lothstein released a press announcement today follow Judge Nicolosi's ruling to free Foad on his own personal recognizance while awaiting a retrial. Read his statement here. Read the Concord Monitor front page report here.

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Hallefreakinlujah! Welcome Home!

Michael Phillips

Update posted by Mar 31

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This is the first time I have seen this site and I am absolutely left overwhelmed and speechless by the generosity of all of the people who have come to my and my family’s help. I am very happy to be home and know for a fact that I would not be here without you. I saw many inmates whose lives would forever be ruined because they do not have this level of support. So my thanks is a weak carrier of the import of what I feel in my heart for all of you who have helped and continue to support me and my family materially or morally. All of your generosity is deeply appreciated. Thank you.

Foad Afshar

Update posted by Mar 29

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Update posted by Evan Morse On Feb 23, 2017

Once again the Merrimack Superior courtroom was packed with Foad supporters wearing large “Justice for Foad” stickers portraying his smiling visage. Attorney Lothstein’s motion for a new trial originally contained two separate arguments; 1) that the jury was tainted by the participation of two jurors who failed to disclose their own childhood sexual assaults, and 2) ineffective counsel. The judge had ruled to “bi-furcate” the arguments, meaning that the second argument would only be heard if the first argument was ruled against. Today’s 90-minute hearing focused on the examination of the two jurors who failed to disclose their own victim status until the jury deliberations began (and only to the other jurors, not to the judge). Foad was dressed in an olive green prison jumpsuit with both ankle and wrist shackles on. The judge denied Lothstein’s request to have them removed.

It was established from the outset that all prospective jurors were questioned both in writing and in person by the judge on whether they or their loved ones had ever been the victim of any crime, regardless of whether such crime resulted in a prosecution or punishment. Both jurors brought into court for the hearing had answered “no” both in writing and verbally in response to the judge. What this clarified was that there had been no lapse in the court’s responsibility to elicit this relevant information. Every other juror who answered these questions in the affirmative were automatically dismissed (and without any objection by the prosecution).

The first juror called turned out to be the jury foreman himself. Under Lothstein’s examination, the 65 year-old juror admitted that he was in fact sexually abused at age 5, that he had repressed the memory of the abuse for 50 years, and then recalled the abuse when he crossed paths with his abuser about 10 years ago. He described that when the memory resurfaced, he was shocked and could neither breathe nor function for several days after. He also admitted that he had been the victim of a car theft and attempted robbery by an employee in the past, which resulting in the employee being sent to prison. When Lothstein confronted him on originally denying these victimizations, the juror attempted several justifications for this. Referring to the robbery incident, he claimed “I just didn’t put the two together. It was just the cost of doing business.” And “At the time I filled out the questionnaire, I didn’t remember that.” With respect to his non-disclosure of the sexual assault, he claimed; “I didn’t see myself as a victim. That was not my lifestyle.” When Lothstein pressed him on the his description of the significant impact of his recovered memory, he clarified, “I was shocked that it was possible to repress a memory like that, not because it happened.”

Lothstein elicited further revelations during his examination. Despite the foreman’s denial of being close to law enforcement officers, he later admitted having close relationships with a number of police officers. Further, during the same period that he was on jury duty, he recused himself from a case of a female victim of sexual assault, explaining that it was because he had a daughter. After the trial, he refused to be interviewed by an investigator hired by Lothstein and instead immediately notified the prosecutor’s office. He did consent to an interview by the prosecutor’s investigator, which is when many of these disclosures first came to light. Lothstein got him to reveal even more relevant history. Prior to the trial, the foreman had read a book by a woman who had been sexually abused as a child, and then reached out to the author and developed a supportive relationship with her, and described himself as “an advocate” for her. After the trial, he stated, “I don’t believe it’s the first time he’s (Foad) done this.” He also opined that Foad would never be able to change and could never be trusted in the presence of children in the future. Lothstein got him to acknowledge that he reached these conclusions in the absence of any evidence of a past assault, or any actual evidence of assault during the trial. Following the trial, the foreman also became directly involved in opposing legislation submitted by NH Representative William Marsh, MD, which sought to amend the NH law on sexual assault. Specifically, the foreman opposed changing the language from “victim” to “complainant” prior to a verdict being reached. He also opposed the effort for corroborating evidence to be required before a sexual assault charge be brought. Lothstein had him admit that there had been no corroborating evidence of his own sexual assault at age 5. Following Lothstein‘s examination, the prosecutor asked one perfunctory question and then dismissed him.

The second juror was then called. This woman had also failed to disclose her childhood sexual assault history on both the written questionnaire and the judge’s verbal questioning. Unfortunately, because this juror was so emotionally fragile and tearful in the courtroom today, her testimony was taken at the judge’s bench in the presence of the attorneys only. The judge decided not to put her on the stand because of her obvious fragility, therefore nobody else in the courtroom was privy to the details of her testimony.

During Lothstein’s summation, he highlighted important context about the jury’s deliberations. Some jurors had expressed confusion and doubt about how someone as seemingly honorable as Dr. Afshar could possible do what he was accused of doing. It was at this point that the two jurors interjected their personal stories of victimization, persuading undecided jurors that there was no universal profile of a child sex offender, and that it could happen to anyone and be done by anyone. Lothstein explained how the biases of the jurors was clearly damaging to the deliberation process.

The prosecution did little to defend the objectivity of either juror, but instead contended that neither had knowingly or willfully misled the court. They also argued that their own childhood experiences did not automatically render them unable to be impartial jurors.

The judge closed with some comments about her uncertainty over how much a juror’s life experiences should be permissible in a case like this, and characterized the question as a “quandary.” She did not indicate when she would make her ruling.

Afterward, Foad’s family and supporters universally felt that he had been very well represented by Lothstein. The consensus was that it had been firmly established that there had been two influential jurors who were anything but impartial. If they had answered the written and oral questions accurately, both would have been immediately dismissed from the case, along with all the other jurors who had done so. No compelling argument was offered to refute Lothstein’s depiction of their impartiality.

Michael R. Kandle, Psy.D.

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Update posted by Evan Morse On Feb 22, 2017

Hello everyone. I am very sorry for not posting more updates on the campaign. There is a lot of information that comes across the JusticeForFoad.com website that would be beneficial to repost here. From now on, i'm going to be attempting to forward all of that information to this page as it comes in. That being said, I know it's a bit last minute, but here is the latest:

February 15, 2017

Michael R. Kandle, Psy.D.

A hearing is scheduled for February 22 at 2:00 pm at the Merrimack County Superior Court (163 N. Main St. Concord) to address Foad's motion for a new trial. The hearing may last up to 90 minutes if necessary and supporters are encouraged to attend to demonstrate their solidarity with Foad, both to him and to the court. Click here for more details.

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Update posted by Evan Morse On Aug 22, 2016

A website has been set up in order to keep all information relating to this case organized. You can find the website here:

http://www.justiceforfoad.com/

Again, thank you all for your continued support. Having these funds available is instrumental in attempting to right this wrong.

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Update posted by Evan Morse On Aug 15, 2016

Hello friends! There have been many developments in the battle to get some justice for Foad. To keep things short, Foad's new lawyer is calling for as many of us as possible to be present on August 26th at 1:30 pm at the Merrimack County superior court house. I've attached an excerpt from the lawyer's letter below:


If you can make it, please keep that date written down. This is a very important event.

Thank you all so much for your continued support through this trying time. Without these donations, we would not have been able to make the progress we have.

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Anonymous

Backed with $25.00 On Jun 20, 2017

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Susan Bailey

Backed with $100.00 On Apr 02, 2017

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Good luck...I went through the domestic violence false accusations 20 years ago....I have not entered a relationship since. I was amazed at the lies and distortions and the court sponsered and state profitable witch hunt. Finally charges dismissed but nothing done to the false accuser. So sorry about your case. I wish I could volunteer to help children or anybody but after my experience in divorce court and further reading on false accusations in general, I avoid all situations that are dangerous and the government can profit from..Brings back PSTD type thoughts. I hope you handle the outcome better than I.

Guest

Backed with $25.00 On Mar 28, 2017

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Anonymous

Backed with $25.00 On Feb 28, 2017

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Anonymous

Backed On Feb 27, 2017 Amount Hidden

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Sheryl Cheney

Backed with $100.00 On Feb 24, 2017

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Dear Foad: Paying it forward... In addition to being a teacher and mentor, you also helped my son Forrest during a really rough time and helped me stay sane during said rough time. I believe you were not reimbursed for a few of those sessions because I was not able to get all of Forrest's insurance information. But classic Foad - you told me to "forget about it." Well, here it is back with some interest. You are in our thoughts and prayers. Trust that truth will prevail.

Donna Torney

Backed with $300.00 On Feb 24, 2017

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Anonymous

Backed On Feb 09, 2017 Amount Hidden

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Your Arizona family is devastated to learn of this nightmare you are all living. We are praying for God's Divine Intervention and Healing. We love you all.

Belinda Motzkin Brauer

Backed with $100.00 On Jan 24, 2017

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Judy & Bill Keefe

Backed with $200.00 On Jan 15, 2017

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Evan Morse

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Foad Afshar

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