Tag Archives: Attorney Lisa Kavanaugh

It’s Time

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The waiting is over. The time has finally come….

             We are now merely days away from filing our Motion for a New Trial. Based on our overwhelming new medical evidence that proves that I was wrongly convicted, we are asking the court to overturn my conviction and to release me from prison.

            Today marks 28 years that my family and I have been in a desperate fight for justice. We were forced to navigate an unfair and deeply flawed criminal justice system that we just didn’t understand. Out of desperation and fear we made numerous mistakes that cost us years of delay and disappointment. In addition, like so many others, we naively believed that only the guilty get arrested, prosecuted and sent to prison. We now know that is just… not… true!

CPCS Innocence Program Director, Lisa Kavanaugh

             Over the last several years my amazing legal team has conducted an exhaustive search for medical records, forensic evidence and reports never collectively reviewed by ANY medical expert in this case. In addition, our team has reinterviewed first responders and doctors pivotal to the case and uncovered shocking new information.

              Most importantly, my attorneys have consulted with top medical experts from across the country and these doctors have now completed the most comprehensive and in-depth analysis of ALL of the evidence in my case. These medical experts have all come to the same inescapable conclusion: The previous medical opinions and theories that led to my wrongful conviction are unequivocally and provably WRONG.

Jen firing on all cylinders with Brian in her line of vision

              For the very first time, we are getting a true chance at justice. After reading our motion we are confident that many questions will be answered, and the truth will become very clear. More importantly, we are hopeful that it will be clear to the court.  Even further, it is our sincere hope that the district attorney will not oppose our motion and agree that it is time to right this terrible wrong.

           My family and I have suffered through this nightmare for far too long. The pain and loss we’ve endured is immeasurable and frankly, irreparable. Now we have renewed hope. We are optimistic and grateful. We have always believed that the truth matters and that one day the truth would be what would set me free. Now, the truth will finally be told.

           I have always been thankful for the love and support given to me by all of you – my family, friends and supporters. I am grateful for the support shown to my family as well. There was a time when they were treated poorly and unfairly by the media and public at large. This path has not been easy. Your love and support are truly what has kept my spirit alive. Thank you.

          Our dream has always been that one day I would be exonerated, and our family would be allowed to heal. We believe that that time is coming and that with the filing of this motion, we are actually and finally…

One Day Closer

Run For Innocence Fundraiser

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Since 1990 there have been 94 wrongly convicted people who have been exonerated and freed from Massachusetts State Prisons.

                        –National Registry of Exonerations

The Wrongful Conviction Day rally was a huge success!  Thank you to NEIP Director Attorney Radha Natarajan and CPCS Innocence Program Director Attorney Lisa Kavanaugh for their efforts. I have been told that Senator Liz Maranda, and exoneree Sean Ellis were great motivational speakers.  My daughter, Amber, was amazing leading our family and team, standing out at the event in bold, purple shirts. Seeing the pictures, my heart was overwhelmed by all of your love and support.

Amber and Anthony Brian leading Brian’s supporters

The Wrongful Conviction event was amazing at bringing awareness to those who’ve been wrongly convicted.  Imagine being arrested, charged, convicted and sentenced to spend the rest of your natural life in prison for a horrific crime that you did not commit. You are desperate for help and for someone to listen to your story. Imagine being thrown into the legal system and completely steamrolled simply because you do not understand the system. You are taken from your family, your children, your home and locked away, alone, isolated and afraid.

CPCS Innocence Program Director Lisa Kavanaugh with Brian’s family and supporters at the Wrongful Conviction Day Rally

On November 6th, the Run for Innocence (RFI) team will be holding their annual fund raiser. Local Innocence Programs rely on generous contributions, made by people like you, to hire experts and investigators to work on cases to free the wrongly convicted. With your support, NEIP and CPCS IP can continue to help wrongly convicted people like me. In fact, the CPCS IP, led by Director Lisa Kavanaugh, has used RFI funds for experts in my case. For that we are extremely grateful.  And although our legal team is still working hard on my case, we feel strongly that it is never too early to start paying it forward.

These innocence programs bring hope and light to darkness and despair. These organizations are led by selfless, passionate attorneys and include investigators and various experts working tirelessly to prove actual innocence.

Please consider supporting the RFI fundraiser by participating in this year’s event. Donations can be made right here. If you would like to register to run or walk with “Team Brian Peixoto,” just follow the prompts to register here.

Your generous contributions will enable these programs to continue to help wrongly convicted people, like me, and give so many innocent people hope for freedom and for a better tomorrow.

Thank you to everyone for your continued love and support and together, with your help, we will all be #One Day Closer.

Brian

22 years

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January 2018

It’s that time of year once again that my thoughts are filled with reflection of the year past and dreams for a better future.

This month marks 22 years since young Christopher’s senseless death. It is always difficult to think of this heartbreaking loss and its effect on so many lives. It is a tragedy that must never be overshadowed. It is impossible; however, to consider that loss without acknowledging my wrongful imprisonment and being taken from my daughter and family. That tragic day, so many years ago, continues to cause so much pain and sorrow for so many.

Jen at work on Brian’s case. She keeps photos of Brian testifying at trial and after 20 years in prison at eye level so she can always see what she is fighting for.

On a much brighter note, during this time of year we like to take time to celebrate what we like to call our Jenniversary. It was three years ago this month that my lawyer, Jennifer Fitzgerald, came to us. Since then Jen has tirelessly worked on my case, with passion and tenacity, leaving no stone unturned. And every day Jen continues to bring us one day closer to the day I am exonerated and set free. Thank you, Jen.

While reflecting on this past year, I am struck by some of the overwhelming extremes between times of excitement and thankfulness and the difficult times filled with pain. It’s those extremes that often cause me and my family to struggle with being grateful over greedy, patient over frustrated, and anxious without feeling discouraged. Some of the most difficult times of this past year have been my own personal struggle-my ability to accept my circumstances without being in a constant state of resentment and anger. At times it can be crushing; and I know those feelings are often shared by my family as well. I know my family worries about me and they are often times overcome with concern over my safety and emotional stability. Even though we are confident that one day we will be successful and I will return to them, it doesn’t always make the difficult, every day journey any easier. There is still an empty hole in their hearts and in their lives. The loss is always present. There is always an empty seat at the table. Don’t be mistaken, there were many amazing and wonderful moments and developments this past year, and we have a tremendous amount to be thankful for; but, there were also some very trying times that sometimes overshadow the good…

Amber’s baby shower, August 2017
Samantha, Brenda, Scott, Anthony, Amber, Joe, Venilde, Lisa, Joyce and Mike

For example, we were all very happy that after a long, difficult battle I was reinstated in the NEADS Dog Program. I was allowed once again to train service dogs for disabled people, something that gave purpose and joy to my days. However, that happiness was short lived. Within two months DOC administrators put me in a no-win situation that would have put my safety at risk. I was forced to choose between my well-being and my continued participation in the NEADS program. With great agony, I was forced to leave the program.

This year in particular, I struggled with some difficult battles of depression (battles I did not always win.) As you can imagine, prison is a dark place filled with anguish, bitterness and pain. Being incarcerated, your thoughts are overtaken with depression, which then becomes intertwined with day to day life in prison. Isolation from family and loved ones becomes compounded with the added stresses of being immersed in a culture of violence, drug use and just plain hopelessness. You are surrounded by desperation, anger and despair. It’s a constant emotional and psychological battle.

Unfortunately, the DOC has recently compounded the feelings of isolation and pain by creating a new regulation that will prevent some of my loved ones from visiting me. The new regulation will restrict the number of family members and friends who will be allowed to visit, thus prohibiting my aunts, uncles, cousins, and friends who have been visiting me for over two decades from seeing me. Imagine how it felt when we learned that as long as I remain in prison, I will never see those loved ones again. We were heartbroken.

I also struggled this year with the news of my daughter’s pregnancy. Don’t misunderstand. I was overjoyed at the news; however, I had a difficult time reconciling the incredible happiness at the gift of a grandson, with the anger and pain of what I would miss. Thoughts of my grandchild growing up in a prison visiting room, as my daughter did, were unbearable. Add to that my daughter’s very difficult pregnancy, with numerous trips to the ER and hospital stays; we were in a constant state of worry and under a tremendous amount of stress.

A little TLC from mom after wisdom teeth surgery.
Brian is not able to be by his mother’s side right now.

In addition to my daughter, the year ended with a terrible health scare for my mother. Over Christmas my mom was rushed to the ER and hospitalized for several days. I can’t describe the helplessness and fear I felt. I could not be there with my daughter or mother when they needed me. You become so much more aware of the tall fences, concrete walls and barbed wire that imprison you when you are urgently needed by the ones you love.

This past year we saw three men I know overturn their wrongful convictions and go home: Freddy Weichel, Darryl “Diamond” Williams, and Angel Hernandez. While my family and I are so very happy for these men and their families, it is extremely difficult and bittersweet to watch people you know win their freedom. I was forced to reconcile between my feelings of happiness for them as I once again returned to my prison cell and the large steel door slammed closed behind me.

On the other side of the extremes is the tremendous amount we have to be thankful for. I always remind my family, “We must choose to concentrate on what we have and not on what we don’t.” We have so much to be thankful for. In many ways, much more than others…

As I stated earlier, we still have Jen, my amazing attorney, with all of her persistence and passion. She continues to volunteer her time and work on my case without compensation. Her dedication to proving my innocence is never forgotten. It is because of her and her persistence that this year we have made amazing advances in medical research and diagnosis. Although we had hoped to file with the courts this past year, we just could never have anticipated the copious amounts of new, exculpatory medical evidence that would be discovered and require tedious review and expert examination. Most importantly, we continue to move forward and make remarkable progress.

This past year we have also added to the medical experts who, after reviewing the new medical evidence have volunteered their time and medical opinions in order to right a wrong and uncover the truth. This has been incredible and we are very thankful for all who continue to volunteer their time.

We also received some assistance from attorneys Lisa Kavanaugh and Ira Gant from the CPCS Innocence Program. They continue to offer support and remain dedicated to helping us any way they can. In addition, Attorney David Hirsch has joined our legal team and is now assisting with my case. In recent years, Mr. Hirsch was successful in overturning two wrongful convictions in cases very similar to mine. We are thankful to have him as part of our team.

Anthony Brian’s shirt reads, “My best friend is my Papa”

Most definitely what we have to be most thankful for this past year was the birth of my grandson, Anthony Brian. He is perfect. I was incredibly blessed to be able to hold him in my arms and just experience his warmth and charm. I fed him his bottle and he contently fell asleep in my arms. His perfectly formed, tiny hand firmly grasped my finger in a moment I will forever cherish. He captured my heart. I watched both his mother –my daughter, and his father look at this little person with such love and pride. No words can describe my feelings. I was so proud of them both.

It’s the extremes. It’s the jumps from joy to pain. It’s the struggles between happiness and anger. It’s the distance between patience and anxiousness. It’s grateful over greedy. At times we can’t help but to ask, what about me and my family? How much longer will we be forced to suffer because of this injustice? Lisa recently wrote, “How do you reconcile grateful and greedy when there are people working so diligently on your behalf?” The answer is you don’t. We are grateful. Grateful for all that we have; grateful for Jen and the amazing people who give so much to fight to prove my innocence. But, is it wrong for us to also be a little greedy? Are we ungrateful because we want the wait to be over? Is it greedy because after suffering for 22 years we want it to be our turn? Does it have to be grateful over greedy, or can’t we be both?

It must be understood, every day in prison as an innocent man is a very long day. Every day without a loved one because of a wrongful conviction is a day too many. We are tired. We are frustrated. We are impatient. Do you blame us?

Above all, we remain grateful and constantly remind ourselves that we have so much to be thankful for. Through the ups and downs, we continue to lean on each other as a family, with love and understanding, and anxiously wait for our turn.

One thing is for certain, each day that passes ultimately brings us one day closer…