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A bit of support? - Phone, message, parcel, or prison visit!
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julian_w



Joined: 08 Sep 2003
Location: Somewhere beyond Middle Peak Hotel, north of Middle Earth, and well away from the Middle of the Road

PostPosted: Fri Jul 15, 2011 10:47 am    Post subject: A bit of support? - Phone, message, parcel, or prison visit! Reply with quote

So it seems that US citizen and PFC Andre Michael Fisher currently resides within the walls of Seoul 'Prison' (Guchi Seo) in Poil Dong, Euiwang, in southern Gyeonggi Do.

Details remain frustratingly obscure and sketchy, and time is of the essence as his appeal date was set just the other day, for August the 9th. He has already been incarcerated since the first couple of months of the year. He has continued to profess his innocence throughout this time, and his friends, with him on the night of his 'arrest', remain devoted to supporting him, as does his stressed and doting family.

I am not asking you to solve the case, though i share any interest in seeing how it unfolds. I am asking you whether you can help firstly in supporting the person and spirit of Andre Michael Fisher, and his family, by bringing attention to your interest in knowing how the case unfolds. You can do these things easily, by contacting Andre by visiting him in Seoul Prison, and by contacting the family and friends via their facebook group here:
http://www.facebook.com/?sk=inbox&action=read&tid=w9G3cBBAJ3QtRzNDQYBY0Q#!/groups/fishercominghome?id=220924227944105&notif_t=group_activity

and, by contacting your local US or Korean consulate or embassy and asking them to simply to convey your expression of interest in the case, and particularly in the evidence.
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julian_w



Joined: 08 Sep 2003
Location: Somewhere beyond Middle Peak Hotel, north of Middle Earth, and well away from the Middle of the Road

PostPosted: Fri Jul 15, 2011 10:51 am    Post subject: Reply with quote

The 'original' news article is available here:

http://www.wnep.com/wnep-luz-hazleton-native-arrested-in-south-korea-20110708,0,2019089.story
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DaHu



Joined: 09 Feb 2011

PostPosted: Fri Jul 15, 2011 2:10 pm    Post subject: Reply with quote

The only thing about prison I know is that everyone says they're innocent.
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julian_w



Joined: 08 Sep 2003
Location: Somewhere beyond Middle Peak Hotel, north of Middle Earth, and well away from the Middle of the Road

PostPosted: Fri Jul 15, 2011 5:39 pm    Post subject: Reply with quote

DaHu wrote:
The only thing about prison I know is that everyone says they're innocent.


Yeah, okay. Thanks for that, DaHu.
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julian_w



Joined: 08 Sep 2003
Location: Somewhere beyond Middle Peak Hotel, north of Middle Earth, and well away from the Middle of the Road

PostPosted: Fri Jul 15, 2011 5:50 pm    Post subject: Reply with quote

Latest update on the family's facebook page is a new news article which includes a few more interesting details:
http://www.timesleader.com/news/Area_parents_ask_for_help_over_son_rsquo_s_imprisonment_07-14-2011.html?pageType=mobile&id=1&start=1
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SeoulNate



Joined: 04 Jun 2010
Location: Hyehwa

PostPosted: Fri Jul 15, 2011 6:15 pm    Post subject: Re: A bit of support? - Phone, message, parcel, or prison vi Reply with quote

julian_w wrote:
So it seems that US citizen and PFC Andre Michael Fisher currently resides within the walls of Seoul 'Prison' (Guchi Seo) in Poil Dong, Euiwang, in southern Gyeonggi Do.

Details remain frustratingly obscure and sketchy, and time is of the essence as his appeal date was set just the other day, for August the 9th. He has already been incarcerated since the first couple of months of the year. He has continued to profess his innocence throughout this time, and his friends, with him on the night of his 'arrest', remain devoted to supporting him, as does his stressed and doting family.

I am not asking you to solve the case, though i share any interest in seeing how it unfolds. I am asking you whether you can help firstly in supporting the person and spirit of Andre Michael Fisher, and his family, by bringing attention to your interest in knowing how the case unfolds. You can do these things easily, by contacting Andre by visiting him in Seoul Prison, and by contacting the family and friends via their facebook group here:
http://www.facebook.com/?sk=inbox&action=read&tid=w9G3cBBAJ3QtRzNDQYBY0Q#!/groups/fishercominghome?id=220924227944105&notif_t=group_activity

and, by contacting your local US or Korean consulate or embassy and asking them to simply to convey your expression of interest in the case, and particularly in the evidence.


Out of curiosity, what is your connection to the case? You seem to be hitting this issue pretty hard.

The local news article that you linked is pure speculation, and I highly doubt that the US army would allow him to sit in prison if something serious that isnt getting into the US papers didnt happen.
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World Traveler



Joined: 29 May 2009

PostPosted: Fri Jul 15, 2011 6:31 pm    Post subject: Reply with quote

Do you think a Korean citizen would get two years in prison for stealing $88? I've read cases where rapists get no prison time at all here. Same with child molesters. And if they did it was under two years in prison. Do you think Andre Fisher got a longer sentence because he was American/a foreigner/black? I do. I also think he might be innocent.

Quote:
Pfc. Andre Fisher, 22, of Hazle Township, was outside a night club in Seoul with three friends in late December or January, talking on a cell phone, when three or four males approached a nearby taxi cab, one of those men reached inside the cab and then walked away, said Fisher�s father, Robert.

�The driver started yelling, �Robbery!� The South Korean police came and the driver pointed out Andre as the person who robbed him. The police beat him and threw him to the ground,� Robert Fisher said.

The police searched Andre, found $14 in his pocket and gave it to the cab driver, his father said.

Despite the lack of physical evidence and a grainy surveillance video from inside the taxi that showed a tall, slender, hooded male reaching inside the cab when Andre is tall but well-built, a South Korean judge found Andre guilty of the crime and sentenced him to two years in prison.

Andre�s mom, Sandra Fisher, said her son refused to plead guilty, against his South Korean lawyer�s advice.

�He was under the impression nothing was going to happen to him because he didn�t do anything wrong,� Sandra Fisher said.

She noted that Andre was not permitted to call witnesses in his own defense at the trial, which appears to be a violation of the Status of Force Agreement between the United States and South Korea, which is formally called the Republic of Korea.
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Captain Corea



Joined: 28 Feb 2005
Location: Seoul

PostPosted: Fri Jul 15, 2011 6:46 pm    Post subject: Reply with quote

Sounds like the guys needs a better lawyer.
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julian_w



Joined: 08 Sep 2003
Location: Somewhere beyond Middle Peak Hotel, north of Middle Earth, and well away from the Middle of the Road

PostPosted: Fri Jul 15, 2011 6:54 pm    Post subject: Reply with quote

@ SeoulNate: Thanks for your question.

I'm interested in this case for a collection of reasons, foremost amongst which are that the whole business seems quite curious, and, due to foreknowledge of the fallibility of the Korean 'justice' system ( - in much the same way as the New Zealand legal system is also fallible - ) particularly including a large set of local examples from recent history in Korea, and another set involving taxi drivers in particular.

There's a bit of discussion about it in the other recent thread, but generally, I'm about as lost in the lack of facts and details available as you or anyone else here, but, social justice issues interest me, and so I'm wondering if this is one such case, or not.

So to answer your question: My connection to the case is due to pure interest, both in the outcome of the story, and in the individual.
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nathanrutledge



Joined: 01 May 2008
Location: Marakesh

PostPosted: Fri Jul 15, 2011 7:38 pm    Post subject: Reply with quote

World Traveler wrote:
Do you think a Korean citizen would get two years in prison for stealing $88? I've read cases where rapists get no prison time at all here. Same with child molesters. And if they did it was under two years in prison. Do you think Andre Fisher got a longer sentence because he was American/a foreigner/black? I do. I also think he might be innocent.


Absolutely a Korean would get 2 years for ROBBERY. He didn't steal the money, he ROBBED the guy. Robbery involves the use of force. Not only that, but according to the US Army report on the website posted in the other thread, he ALSO was convicted of destruction of public property.

I agree with SeoulNate (no relation). I don't see the US Army letting one of their people sit in jail falsely. They spent time and money training this guy, and now they are losing that investment. I am confident that they did what they could to help this guy out.

The lack of any meaningful protest from the military or from other groups (excluding parents - they never count in this kind of situation) gives me the impression that yeah, he probably did it.

Just my 2 cents
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litebear



Joined: 12 Sep 2009
Location: Holland

PostPosted: Fri Jul 15, 2011 11:24 pm    Post subject: Reply with quote

Agree with some of the other posters, considering the strings the US can pull across the world I find it hard to believe they would let an innocent man rot in a jail belonging to one of their closest allies.

Edit: I didn't word that very well. Just think it's weird about the lack of support from the US armed forces or govt, makes me think there must be something in it.
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rkc76sf



Joined: 02 Nov 2008

PostPosted: Sat Jul 16, 2011 2:43 am    Post subject: Reply with quote

nathanrutledge wrote:

I agree with SeoulNate (no relation). I don't see the US Army letting one of their people sit in jail falsely. They spent time and money training this guy, and now they are losing that investment. I am confident that they did what they could to help this guy out.

The lack of any meaningful protest from the military or from other groups (excluding parents - they never count in this kind of situation) gives me the impression that yeah, he probably did it.

Just my 2 cents


This. It's hard enough to kick dirtbags out of the Army who were proven guilty without a shadow of a doubt.
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Died By Bear



Joined: 13 Jul 2010
Location: On the big lake they call Gitche Gumee

PostPosted: Sat Jul 16, 2011 3:13 am    Post subject: Reply with quote

I remember getting into a taxi once, just after a group of four jackass young idiots got out. The driver, who was in his 60's and probably trying to make ends meet, was shortchanged by these young punks. I felt terrible and gave him the difference - his meter was reading 14,000 won and he shows me six dollars. They'd paid him in dollars and they were drunk, so it was "all good" to them.

WTF. Anyway, as for your friend, if he's innocent - then he'd better get a good lawyer. If he's guilty, let him rot. And I'm not saying he is guilty,because there's a conflict in every human heart between the rational and the irrational, between good and evil. The good does not always triumph. Sometimes the dark side overcomes what Lincoln called the better angels of our nature.
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sojusucks



Joined: 31 May 2008

PostPosted: Sat Jul 16, 2011 3:24 am    Post subject: Reply with quote

A church group might offer some support in the way of visits. It's up to you if you want to get a church involved.
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CentralCali



Joined: 17 May 2007

PostPosted: Sat Jul 16, 2011 4:17 am    Post subject: Reply with quote

It's not that hard to kick someone out of the military. One speedy ticket out is low evaluations. Another is, of course, incarceration by civil authorities. The subject of this thread and its companion thread happens to be covered under the Status of Forces Agreement, aka SOFA. That agreement provides for a few nifty details, one of which is that Fisher won't be separated from the US Army while he's still resident in South Korea. Another detail is that the US military is required to have scheduled visits with him during the entire course of his incarceration here.

To the poster who mentioned something about the US military "letting one of their people sit in jail falsely": well, it's not the military's choice. It's the decision of the Korean courts how long Fisher will spend in jail. The US military will fulfill its obligations to him (health and welfare visits, visits from the military Chaplain, and other permitted/required actions under the SOFA).

To the OP: Fisher's family and friends seem to want some kind of campaign getting the US government and even their local government involved. The US government is involved. The part of the government involved is the US Army. Now, you and they might be interested in this tidbit from the US Embassy in Seoul:

Quote:
The Role of the Embassy in an Arrest
The U.S. Embassy cannot assist prisoners with legal representation. When a consular officer visits someone who has been arrested, we provide a list of local attorneys who are known to speak English and to have dealt with foreigners� cases. Our job is to ensure that the arrested U.S. citizen is being treated fairly under local laws, understands the charges, has access to legal counsel, and has any special or emergency needs met to the extent possible. The Embassy can also keep a detainee�s relatives or friends informed of the situation if that is the person�s wish.

& Under the Life in a Correctional Facility section of the same page:
Quote:
Visitors are allowed but the number and length of visits are strictly controlled. Incoming and outgoing mail is censored. Telephone calls are permitted by inmates who have obtained 1st or 2nd ranks. Other inmates are able to make telephone calls only upon permission by the wardens.


Here is a fun PDF for you. That's the United States Army in Korea Standards Handbook. Be sure to read Appendix B, Paragraph 7, SOFA STATUS AND KOREAN LAW.

Now, I have a question for you. Consider the following situation. A foreign soldier is stationed in the US, say Texas or California. I use those two states for the simple reason that there are, in fact, foreign servicemembers stationed in those two states, notably at Fort Hood, Texas and at the Naval Postgraduate School in Monterey, California. Now consider that this foreign servicemember is out drinking and has assaulted a local taxi driver and absconded with the cabbie's earnings for the night. When the local police approach the servicemember, said servicemember not only refuses to cooperate with the police but commences to damage the police vehicle. What do you think is going to happen to him if his country's SOFA with the US permits prosecution in the US civilian courts?

You might also notice that the US government (remember the Army?) is fulfilling its obligations under the treaty (SOFA) and is doing so without casting aspersions on the Korean legal system. You might want to try doing that instead of, essentially, embarrassing yourself on this issue. And visiting the man in prison without his permission is neither helpful or realistic. As mentioned on the embassy site, number of visitations is limited. I'd think Fisher would rather have someone appointed by the military or someone in his family using up that quota instead of some stranger.

Do you want to know how I know about what the SOFA is good for and not good for? I spent 20 years of my life in the US military. A good portion of my duties when I was stationed overseas related to SOFA issues. Now, I could've just said you don't know jack on this issue but instead I've provided you links to actual information on the case and relevant international law.
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