I STAND WITH JAMES

Innocence for James equals justice for Devin.


A blog from the family of James & Devin


Friday, February 27, 2015

I STAND WITH JAMES

Hi All, I'm Rebecca (James Higbees sister) and I keep the blog updated. Please feel free to find me on Facebook (Rebecca Joens) if you'd like to support Jamie and the matters regarding his innocence. I have events going on my Facebook page. We welcome all to contribute with your time and prayer. We are sad to say that the verdict came down in favor of the prosecution the week prior to Thanksgiving, on November 17th, 2014 to be exact. Needless to say, this was a huge shock to us, as many friends and family attended trial daily and felt that James' innocence went without saying. Unfortunately, as a result, we have lost most of our faith in the judicial system. Many cried, including Jamie's male attorneys, who strongly believe in his innocence and are now working on his behalf, filing for motions to overturn the verdict, notice of motion to file an appeal and the like.

 We are unable to reconcile this in many ways, but the following is a brief synopsis of how we think this came to be, particularly for those who are new to James' situation: We know that from the get-go this was a "witch hunt," so to speak. The detective did a biased investigation, or lack thereof, as we think that she may have personally known the prosecution's side. We know that the prosecution's side , the DA and Devin's mother, her family, etc., lied on the stand, even perjuring themselves. Theatrics were demonstrated to achieve their goal, which was to deflect from the injury that occurred on their watch in Solvang and Disneyland. This came down to politics and a win for the DA, versus the truth. We honestly believed that in order to convict someone you had to have evidence, but that is absolutely not the case as we are a glaring example of. All you need is an injured child and people that are willing to lie for self-preservation. We believe that after four weeks of trial, an exhausted jury only deliberated for one hour and based their decision on raw emotion rather than on evidentiary and medical fact.

  Innocent people do go to prison. It happens all the time, and it happened to our family. It is a travesty, but we keep moving forward everyday. ALL involved who know James, including his legal team and expert witnesses know that his innocence goes without saying. And, in fact, there are mountains of glaring evidence to the contrary. Via esteemed experts from Cedars-Sinai ''It is impossible that this injury was sustained on James watch, in twenty-five minutes, due to the timing and nature of the injury.'' More than likely it was sustained during the four days that he was with the Adams family, i.e., he stood up, fell from his stroller to the ground and landed on concrete in Solvang. This was further complicated with bumping his fragile head on multiple rides at Disneyland. However, here we are four years later and over $200,000 in legal fees, our inability to have our beloved Devin as part of our family. And now our James sits in prison as an innocent man who has lost his freedom and his child, but not his strength of character and/or fortitude.

 Although we are all traumatized, we have joined hands as a united force. We have not given up! We will leave no stone unturned. We have hundreds that believe in James and give energy and prayer for him daily. This includes, friends, family, our respective communities, and our entire church family of Archibald Ranch Community Church.  We even have the forces of Harvest praying for us! We feel blessed to have this outpouring of strength and support on behalf of James.

 The connections that we have are certainly not a coincidence. We are in touch with Amy Friedman, prominent author along with being the founder of POPS, which stands for Pain of the Prison System. She has put us in touch with the State Inspector General, along with a sincerely kind and helpful man, Franky Carrillo, who was exonerated by the Innocence Project after twenty years in prison. And, we are in talks with the Innocence Project and Innocence Matters. We are working towards establishing a non-profit organization. As well, Deborah is in touch with ACLU. We are advocating for inmate conditions to be improved with the help of the ACLU, who won a settlement against the LA County Sheriffs' Department in November of 2014.

As always, Jamie continues to walk through this with grace and dignity. He is a huge support for other inmates in creating art for them, their children and their families. He's going to school to further his education while an inmate and intends to work to occupy his time. He's also begun channeling his talent of writing and telling his story through that medium. We can never know why bad things happen to good people but as cliche as it sounds, we all truly believe that James is there right now for a reason. God is using him to touch the lives of others with his compassion, wisdom and perseverance. Anyone that knows Jamie knows that he can bring light to the darkest of places.

 On March 4th, prior to his sentencing hearing, we will be at Pomona courthouse at 7:30 a.m. in prayer and solidarity for James. This also happens to be his 29th birthday. We are hoping for a large turn out and all support would be appreciated. Let's show all that there is no monopoly on the judicial system and/or God and that we believe in James' innocence. We, as a family, humbly thank each of you for your ongoing love and support. Romans 12:19 - Dearly beloved, avenge not yourselves, but [rather] give place unto wrath: for it is written, Vengeance [is] mine; I will repay, saith the Lord.

Thursday, October 9, 2014

The fear of the unknown

It would appear that the numerous continuances of the trial prompted by the DA have come to an end. As of today it looks as though trial will commence on Tuesday October 14th. We have nothing to do now but to leave this in the hands of our attorneys and the God of our understanding, in hopes of a just outcome for James & Devin. James continues to walk through this with dignity and grace but this egregiously false accusation has taken it's toll on all involved. Any support you can give, be it prayer, good thoughts, and even attendance of trial would be graciously appreciated by James and the family.

Monday, March 24, 2014

The fight of our lives

A summary of James & Devin:
From the moment of Devin's birth, though he and Devin's mother were not a couple, James dove into fatherhood without reservation and with adoration for his precious son.  He had a zest for life with Devin, and was incredibly protective of him, taking him everywhere he went.  He embraced Devin-hood daily, going hiking, rocking him to sleep - all the while singing loudly (out of key I might add), out to yummy new food adventures, to meet his co-workers, where he showed Devin off proudly, jogging in Devin's rad outfitted jogging stroller, to the movies, the beach, and family events.  Where there was James, there was Devin.  When Devin was sick, James was by his side.  He was the epitome of a great father, protective and strong, yet nurturing and compassionate.  As well, James fully supported his son monetarily, above and beyond what was required of him, so as to give his son the best start in life. It was all tragically removed from him November 14th, 2011, which you will read about further on.  When there are so many unavailable fathers in this world, to deny a loving, and responsible father his child is a true tragedy.

On September 27th, Devin's first birthday, as James was planning a birthday celebration for him, Devin was dropped off by the Adams family at the home of James.  Within 30 minutes, Devin began exhibiting symptoms of what experts believe to have been a stroke, caused by a series of injuries, sustained when he fell from a stroller onto concrete, while with his mother, only two days prior, and then exacerbated by a trip to Disneyland, where rides and another bump to the head aided his decline in health. James immediately called 911 & Devin was rushed to Pomona Valley ER via paramedics/ambulance, and then medically transported to Loma Linda pediatric intensive care.

Friday, September 30th, 2011, it was discovered that Devin had had a stroke, some undetermined time prior and it was immediately recommended that he have brain surgery.  Contrary to the neurologists grave prognosis, the surgery went surprisingly well and Devin has made many miraculous recoveries over the past 2.5 years.

James stood by his side, taking a leave from work and living in Loma Linda for 6 weeks.  As well, James entire family (including Devin's paternal grandmother, Deborah and Devin's aunt, Rebecca) spent long hours by Devin's bedside in attempt to support James through his grief.  Cousins, aunts, uncles, friends, & great-great grandparents all came in support of Devin & James, the family surrounding him with love and prayer.

Incredulously, on November 14th 2011, with NO evidence to support the arrest, James was taken into police custody.  Heart breakingly, James was in jail for 3 months, until his family could come together and post bail.  On a lighter note, even in the hell that jail was for James, he took the kind and humane approach and immediately spent his time 'working' with fellow inmates, teaching art, and creating art for them to send home to their loved ones.  Go figure! He came out a changed man, in many ways for the better.



Though we cannot comment on all the particulars of the case, due to confidentiality measures, suffice to say there is nothing to support this trumped up witch hunt. And in fact, there are mountains of glaring evidence to the contrary. ALL involved who know James, including his legal team and expert witnesses know that his innocence goes without saying.  Via esteemed experts from Cedars-sinai ''It is impossible that this injury was sustained on James watch due to the timing and nature of the injury.''  However, here we are 2.5 years later and over 150,000 in legal fees, pushed trial dates (some by the D.A) and our inability to have our beloved Devin as part of our family.  Never in the past, has James exhibited any signs of anger or violence, as he is a very gentle spirit by nature.



Currently, we await a trial date of May 19th, 2014 and we are told it will not be pushed back further.



If you think you have freedom, think again. James is an example of the failure of our judicial system. Innocent people do slip through the cracks, and it happens far more often then we’d like to imagine. Though the support and pulling together has been incredible, this has been a very difficult emotional and financial drain on our family and close friends.  Astonishingly, James continues to walk through the trauma with grace, showing up daily for his life and work, paying legal fees, and paying forward what has been given to him. He has had the support of his long term girlfriend, Emely and was immediately welcomed back to his job by management who supports him and believes in his innocence.

At the end of the day, when James is found innocent, the grief and the trauma he has experienced will have changed him forever.  As well, the lost years with his son that he can never get back.  The lost years for all of us... with our family’s baby Devin.  At the end of this we hope that walking through this unthinkable loss will have made life more beautiful in a tainted sort of way, because we’ll now know whats important.

We will be doing this blog in support of James and updating at least twice a week as a countdown toward trial.  PLEASE provide James, Devin and our family with your support, positive thoughts or prayers as we continue.  As well, anyone who cares to attend the trial would be appreciated, as support shown for James is very important.  Any form of monetary donation is graciously appreciated and would go directly into the legal fund.

We thank you in advance for any love you give us as we journey this unknown path.
"Traveler, your footprints are the path and nothing more;
 Traveler, there is not path.
 The path is made by walking.
 By walking the path is made
 And when you look back
 You'll see a road
 Never to be trodden again.
 Traveler, there is no path,
 Only trails across the sea......"