Harry Bout - USA

October 05

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On 10 February 2006, leave to appeal in the case of People v Harry Bout was denied. The effect of this ruling is that the conviction for first degree murder is upheld and there will not be a full review of his case by the Michigan Court of Appeals. Unfortunately the deadline to file a motion to appeal at the United States Supreme Court passed on 27 November 2006 because Mr Bout did not have the financial means to employ an attorney.

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Harry Bout is a 47 year old Dutch national who has been incarcerated in Michigan State Prison since April 1985. He is serving a life sentence without the possibility of parole for allegedly committing a murder.

On March 7 1985, an acquaintance of Harry’s was fatally shot in an upstairs bedroom of Harry’s mother’s house. Three people were present in the house that evening; Harry, his girlfriend and the tenant. Harry and his girlfriend had a double date with the tenant and the deceased. After dropping off the tenant, the remaining 3 went to Harry’s mother’s house where the shooting took place.

Harry and his girlfriend were charged with the crime. The girlfriend initially proceeded with an insanity defence, however after obtaining her third lawyer she placed the blame on Harry and avoided a custodial sentence. She testified that Harry had suggested a threesome, which she agreed to and led the way upstairs, with the deceased and Harry following her. She said that in the upstairs bedroom she heard shots, and saw that Harry had a gun.

The other main prosecution witness was the man who supposedly helped Harry dispose of the body. This man was threatened with being classified as a ‘habitual criminal’, which carries a life sentence in Michigan. He was actually charged with the lesser crime of being an accessory to murder in return for his evidence. However he later provided Harry's appellate lawyer with a sworn affidavit retracting his statement.

Harry's lawyer filed a motion for a new trial based on this affidavit. However, under renewed pressure from the prosecutor, this man pleaded the 5th amendment (the right to silence) in response to every question he was asked at the hearing of the motion for new trial.

Harry’s mother gave evidence that she was in her bedroom when she heard shots and then saw Harry coming up the stairs carrying a shotgun. He called out to ask if his girlfriend was all right. Police agreed there was no evidence that the shotgun was ever fired and in any event, the deceased was killed with a handgun and not a shotgun.

Harry testified that he heard the shots while downstairs, took his mother's shotgun and headed upstairs, calling to his girlfriend to see if she was alright. When he reached the bedroom, he saw Dawn alone with the body of the deceased. She told Harry that the deceased had sexually assaulted her and she had shot him, and begged Harry for help. Harry admitted helping to cover up the shooting by helping to bury the body and moving the deceased’s car to an airport parking lot.

Harry was nevertheless found guilty of murder and was sentenced to life imprisonment without the possibility of parole.

Fair Trial Issues

1. The jury at Harry's trial were not allowed to view the crime scene which would have clarified differences in prosecution and defence statements.
2. Both main prosecution witnesses were originally implicated in either the murder or the subsequent cover up and received lenient treatment in return for their testimony.
3. The judges refused permission for Harry to dismiss his appellate attorney who was given control over Harry's case against his will.
4. Harry was denied access to consular officials.

Mr. Bout's new lawyer has filed an application for leave to appeal the denial of his motion for relief from judgement, which is now pending in the Michigan Court of Appeals. However, there is no time limit within which the Court of Appeals is obliged to act on this application.