Request for Relief from Judgment

2nd Memorandum for Relief from Judgment , filed 15 July 2013
(note to viewers) The fifth page will get you past the technical requirements.

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2nd Memorandum for Relief from Judgement

2nd Memorandum for Relief from Judgement

48 thoughts on “Request for Relief from Judgment

  1. melissa jessop

    I along with many others have been following this family’s plea. With all the information finally comming out I pray another innocent life. Isn’t taken at the hands of our justice system. Love for phenieas let him come home.

    Reply
  2. patricia wasley

    Let that dog go home this is a waste of tax payers dollars and it is proven that the people accusing him of biting are dog haters.I I can only hope that he gets home and the family moves out of your state because you all have proven that you like to drag this on and on at tax payers expence shame on you all.

    Reply
  3. marie

    This would appear to be a case full of malicious, erroneous and intentional false witness! The Mayor needs to be removed and the perpetrators of this harmful, viscous suit need to be held accountable. Send Phineas home immediately and instead, confine the liars to at least one year in jail.

    Reply
  4. Bonnie Aubrey

    I hope and I pray that the court finds that Phineas is not guilty to this charge and releases him so he can have a normal life again. He has went through way too much for something he did not even do! The only just thing would be for this ruling to be turned over and Phineas be set free! All of the above evidence shows that Phineas could not be the dog who bit the little girl and that someone went through a lot to make him look guilty.

    Reply
  5. kim

    They should let him go home to HIS family and nowhere else. This has been a waste of time and taxpayers money and the mayor should be kicked out of office for this.

    Reply
  6. Kimberly A. Alves

    Mayor Brown you need to let the little boy inside of you grow up and get healed. I’m sorry he (you) had a bad experience with a dog and you never got to feel the unconditional love a loyal dog can give. Why punish Phineas and his family. This dog hasn’t done anything wrong and who appointed you judge and jury for this poor dog? Only God can judge us and when you are standing at the pearly gates; I hope he doesn’t make you wait before your soul can finally get rest. A big man is one that can admit he made a mistake. Please let Phineas go home to his family and stop abusing your power. The sooner you sign the papers of lease, the sooner this will be behind you. I don’t think you want you legacy as Mayor to be that as the one that didn’t do the right thing.
    Sincerely,
    Kimberly A. Alves

    Reply
    1. Debby Littlefield

      Unless this mayor releases this dog, his legacy will go down as the worst mayor in the history of the USA. He has made a mistake by imprisoning this dog and giving a death sentence and if he is any kind of man or just a real human being he will do what is right and return Phineas to his family!!! This dog does not deserve any of this. Let him go home where he is loved and cared for by his family.

      Reply
  7. Robert Paul

    Phineas was given a raw deal. the Mayor and Judge both needs to be sent to jail for not once using the head on their shoulder. they are in place to act with the publics best interest, not use their position as Head strong bullies. Let Phineas go home.

    Reply
  8. Charlane Bushor

    So, if I am understanding correctly, local Circuit Judge Berstein is the decider, here. ?

    I implore Judge Bernstein to acknowledge this very face-saving (for all,) argument and for him to please agree with it, drop the Death Sentence on Phineas, and end this mess.

    Reply
  9. Charlane Bushor

    I implore Judge Bernstein to acknowledge this very face-saving (for all,) argument and for him to please agree with it, drop the Death Sentence on Phineas, and end this mess.

    Reply
  10. Crystal Hofawger

    So I’m still trying to gather my thoughts on this whole ordeal of nonsense. Its a disgrace to the human race, I mean picking on a sweet innocent animal that can’t speak, that has to do what they are told. Yes Phineas can’t speak but he can feel. There is so many poor animals in this world needing and wanting loving homes! And Phineas has one so let him go! That is not a dog
    bite. Anyone can look and plainly see. So the mayor has been wrong from the start of this well what better way to redeem is to do the right thing now! Let Phineas go home!! And let whoever is against Phineas set and wait for a real bite from karma!! Love you Phineas with all our heart.

    Reply
  11. Crystal Hofawger

    . It’s a disgrace to the human race, I mean picking on a sweet innocent animal that can’t speak, that has to do what they are told. Yes Phineas can’t speak but he can feel. There is so many poor animals in this world needing and wanting loving homes! And Phineas has one so let him go! That is not a dog
    bite. Anyone can look and plainly see. So the mayor has been wrong from the start of this well what better way to redeem is to do the right thing now! Let Phineas go home!! And let whoever is against Phineas set and wait for a real bite from karma!! Love you Phineas with all our heart.

    Reply
  12. Debby Littlefield

    This dog needs to be released to his family!!!!! Phineas is a beautiful,kind and gentle dog and does not deserve to be in this situation of being away from his family as well as his life being in jeopardy. HE IS INNOCENT OF ANY WRONG DOING, and needs to be with his loving family. What a horrible thing this mayor has done to everyone involved. Do they not have important issues in this city to take care of instead of hurting this family and this dog like this. RELEASE PHINEAS as so many of us will just be heartbroken if this injustice to Phineas and his family is not corrected!!

    Reply
  13. Ms Holmes

    Mayor Brown chose to be the Hearing Officer because ?? he did not want anyone else to be involved in this case come on you know someone else would probably disagree in the first place.
    Let’s euthanize him.

    Reply
  14. S.EDWARDS

    SEND THE DOG HOME TO HIS FAMILY!
    YOU KNOW YOU DID WRONG!
    FREE THE DOG!
    IF ZIMMERMAN CAN KILL A YOUTH AND GET FREED!
    THEN SEND THIS INNOCENT DOG HOME HE DID NOT DO ANYTHING!
    I JUST DON’T UNDERSTAND THE LAWS IN THE U.S.A.!
    TIME TO CHANGE THEM I THINK!
    GO LOCK UP A REAL CRIMINAL!
    I WOULD THINK YOU HAVE BETTER THINGS TO DO WITH YOUR TIME THEN TO TORTURE THIS FAMILY AND THE DOG!
    THE WORLD IS WATCHING ALL OF THIS AND IT SURELY MAKES THE USA LOOK RATHER SILLY!
    IT HAS BEEN PROVEN THE DOG DID NOT BITE THE CHILD!
    THE CHILD’S FAMILY SAID MORE LESS THAT THEY LIED!
    BUT YOU STILL GOT THE DOG AND HE IS NOT HOME WITH THE FAMILY!
    STOP MAKING YOUR COUNTRY LOOK SILLY AND SEND THE DOG HOME TO HIS FAMILY!
    ENOUGH IS ENOUGH! FREE PHINEAS NOW TO THE FAMILY YOU TOOK THE DOG FROM IMMEDIATELY!
    THEN APOLGIZE TO THE FAMILY!
    MAYBE THE REST OF THE WORLD WILL HAVE SOMETHING TO SAY AND THINK NICE OF THE USA!
    A CONCERNED CANADIAN!!!

    Reply
    1. jen cossens

      My thoughts exactly. Mayor Brown, you look like a fool, a liar and a very cruel man. Not a good image .

      A Concerned Australian.

      Reply
  15. B

    It is way past time for Phineas to be returned to his own family in their own home! It has been proven that this family of the 7 year old told too many lies. They have caused so much heartache to the Sanders family as well as Phineas. They have cost the Sanders a lot of money as well as taxpayers money. The Sanders family needs their hearts to mend, they need apologies not only from the accusers but from the Mayor, they need all lawyers fees paid for by the accusers and payment for the care of Phineas. The accusers should NOT get to repeal when Phineas gets to go back to his own family and home. One more thing I think the Sanders family should do is get a restraining order keeping every single member of the accusers family off their property, and away from them. GodBless the Sanders family, their Attorneys and Phineas!

    Reply
  16. Debbie Freie

    It is time to let Phineas go home and for the city of Salem to realize that this dog was unjustly accused of any wrong doing. The defense have proven that Phineas is innocent of hurting any one.The only one guilty of wrong doing is, mayor Brown, exercising his unethical, neurotic behavior towards an innocent creature, that being, Phineas. Also, the family of Phineas should not have to pay any boarding fees since he was unjustly held by the city of Salem, for a significant amount of time with out his family and familiar surroundings. This whole ridiculous incident has caused both,emotional pain, and economical suffering for the family of Phineas and Phineas. . Please send Phineas home now,where he belongs.

    Reply
  17. Susan F.

    Thank you Joseph Simon for all your work. Those of us who love Phineas will be happy to see this travesty overturned and Phineas free and safe. We love you Phineas.

    Reply
  18. vicki fritz

    Please correct this gross violation of the 4th amendment rights of the owners of Phineas and stop the abuse of this poor dog by an over reaching local government. Freedom for Phineas! A world of dog lovers are watching.

    Reply
  19. wanda peck

    Let that dog go home I think that bite wasn’t from the dog. I email the gov and white houses. I will keep doing that until he goes home to his family. or let someone from out of state take that dog home. ev1 get a chance, mayor do the right thing, if you let him go home to his family just thing about all the vote you would get for doing the right thing. and or start looking for another job.

    Reply
  20. Sheryl

    Let phineas go home….it had been proven the bite ed not by a dog…why are you still pursuing this…..are you jealous you don’t own phineas…he had been proven to be a great dog…..if Zimmerman gets off….why not phineas…

    Reply
  21. heidi

    a good man knows when he has made a mistake and does all that he can to apologize and CORRECT his mistake!!!!! too many dogs of a “certain breed” have been labeled “vicious and dangerous”. i am positive there are many more unreported dog bites by much smaller dogs, but, hey….who wants to make a report about a vicious chihuahua or yorkie???? I have owned pits and presa canarias(who make pitbulls look like little lap dogs) and my yorkies and chihuahuas are ALWAYS the alpha dogs!!!!!!! i warn people that the little ones, and even my cats, are the ones to be careful of. did you know that Helen Keller had a pitty?????? what do you think petey(from the little rascals) was????? please reconsider, admit you made an incorrect judgement and spare the life of this innocent. it takes a big man to admit he is wrong. be that big man, please,

    Reply
  22. Brian Peterson

    Let the dog go home….PLease!! I have been following this story now for what seems like an eternity, so I can only imagine how long it seems for the family of Phineas as they are forced to live it. As for poor Phineas, multiply this time by dog years! With regards to Mayor Brown, I’ve never met him, but he sounds like a wicked character in a Charles Dickens novel. Hopefully the courts will right this travesty and send the poor dog home and order the city of Salem to pay all costs relating to this case. The City of Salem then should charge this amount to the Mayor. That to me, would be true justice.

    Reply
  23. Leo DeMarco

    If nothing else it has been proven that phineas during his time in captivity has shown that he is anything but a vicious Dog. Please let him go!

    I would take him in a heart beat.

    Reply
  24. jESSIE TYRA

    I think someone is mad at the owner of the dog for some reason and is being very spiteful, you need to get over it , these children clearly love this animal and what kind of message you will be sending them if you put him to sleep , you need to swallow you pride and send the dog back home with the family who loves and want him home , you have had this animal for over a year for god sake let him go , send him home, even the people who started this is saying let him go home , just remember another election is coming wouldnt want this hanging over your head , so far you have had a lot of bad press and it will only get worse with more time, millions of facebook fans thinks your being very un reasonable, which you are.so vacate your order and let the dog go home and be a hero , which is much better t
    han a grinch.

    Reply
  25. Tracy Dedert

    Salem, MO it’s time to let this dog go home. Doing so will save the reputation of your city and your elected officials and make you fair people in my book. Let the public see you in a good light and do what’s right now.

    Reply
  26. Patrick mcguigan

    I pray so hard everyday that Phineas will be set free,Phineas and his loving family have been through enough pain and suffering.If this was anywere else in the world with these findings that Phineas did not create the mark,it would be through out of court,i always say what goes round,comes around,they will pay for their actions.To Phineases family all i can say is God bless you”s for what you have had to go throught,if i had the money id give it to you”s so you could move away from that horrible place and take Phineas some were with love and peace and harmony.I pray to God you will be reunited with your beautiful angel and live a peaceful happy and contentful life.

    Reply
  27. Teri Hart

    What has happened is a travesty for Phineas, the family of Phineas, and the city of Salem Missouri. For a little of a year this dog has been wrongly incarcerated which could have an impact on the longevity of his life. The family and the children have been publicly fighting a battle to preserve the life of this family member causing unnecessary stress which is having an impact on their quality of life. The taxpayers of Salem have been footing a bill for the erroneous accusation for Phineas. The mayor is allowing this to carry on even after reviewing additional information pertaining to the bite. This in and of itself has an impact on the city proving that the city is not dog friendly and making a mockery of the citizens. Until the order is vacated, Salem will continue to be looked upon negatively.

    I am pleading with the officials of Salem to overturn orders to euthanize Phineas and allow him to be freed. No dog that is deemed vicious would behave the way he did in a public forum during the Inside Edition filming in which Phineas clearly showed no signs of aggression and this has been stated by all that have cared for him during his incarceration.

    Free Phineas and allow the city to heal from this heinous ordeal.

    Love for Phineas,
    Teri Hart

    Reply
  28. Gail Scott

    Let Phineas go home for crying out load that is not a dog bite this is so wrong to keep him from his family wish they could move from there and take Phineas with them. God is not going to be happy with the Mayor of Salem God don’t like ugly this is animal crulity for god sake let him go home to live out the rest of his life with his loving family . I pray that you will go home to be with your family soon your in my prayers love you Phineas .

    Reply
  29. Amy Matyjasik

    I have been folowwing this story since the beginning and I think it is sickening. This poor animal did absolutley nothing wrong but was playfully “mouthing”. Come to my house, I have 2 dogs who are 45 lbs each and they “mouth my girls who are 6 and 8 all the time and sometime my girls are like they are biting me…and I said no…they are playing…that is how young dogs play…you will know if they truly bite you. I would never put my daughters in harms way. I had 2 labs years ago and they are the gentlest of all dogs. All you have to do is look at Phineas to see how calm, lovable and sweet he is. He is not a vicious dog. This poor boy needs to be home, with his family…NOW!! So mayor, judge….let him go home, it has been way to long and I think he has already served his time. I think there are more important criminals out there that need to be put away then to be spending time on a animal who did nothing but be….a dog! He needs to go to HIS family, not another family…just his, the ones who love him and who he loves! Plain and simple.
    To Mr. Simon…..Thank you so much for taking the time to help Phineas…..not many people would help a dog and his family. You have done so much for them….I do not know them but I am sure they appreciate it as do all the animal lovers out there as myself. Kudos to you!!

    Reply
  30. jackie hoglen

    the mayor should be kicked out of office if he can,t do the right thing by a dog then he can,t do the right thing for his people , the dog needs his family , i would never live in a state with a mayor like him i hope he gets whats right to him , what a low life for a human being and a sorry excuse for a man at that a judge should show him how it feels to lie and misuse his powers make him walk the streets of salem with a sign on his back with his head in shame,

    Reply
  31. Anne G

    This is an appalling miscarriage of justice. It does seem that there is something else driving the grandparents to push the Mayor into this ridiculous decision in the first place. The Sanders dog is certainly innocent of biting. It is abhorrent that a family would set out to punish another family in this way and be seemingly supported by the law. Its just old fashioned bullying and innocent lives ruined because of mans pride. I truly believe Phineas is innocent, I dont need a forensic specialist to see that mark wasnt made by that dog. I hope the Judge can see this for what it is, free Phineas and punish tho’s who chose to make an ass of the law for their own ends.

    Reply
  32. Donna DiMurro

    This precious dog needs to go HOME to be with his family. This has all been wrong from the start. Are you so ashamed of the assumption you made that you can’t back track? You should be ashamed, you have caused a lot of heartache for the dog AND his family!!!!
    Send him HOME NOW!!!!!!!!!

    Reply
  33. Donna Bona

    Mayor Brown, do the right thing! This is a mistake , so fix it. Let Phineas live!
    You will get the respect of the people for admitting you have made a mistake and want to coreect your error. Do you know how many AMERICANS would appreciate your honesty you were quick to judge the situation with out all facts.

    Giving Phineas his life to live is the right thing and you know it. Man up and put your pride aside and now you know all the facts it proves Phineas is innocent.

    Let him live, he is innocent!!!!!

    Reply
  34. Annisa

    Mayor Brown should lose his job. This is ridiculous. Phineas should be able to go home to his own family that love him dearly. FREE PHINEAS! Lock up Brown.

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  35. Pamela Potts

    Enough is enough. It’s past time for Phineas to go home! There is nothing left to be proven except that the Mayor needs to quit his day job!

    Reply
  36. Joanne Garrison

    This is such a shame it is way past time to release this dog. Mayor Brown has the power to grant a pardon and needs to do it NOW. Then he needs to apologize to the entire town and consider going into therapy. If he has to do this because of a childhood issue he needs help.

    Reply
  37. shelly marten

    Shame on you mayor brown you don’t have anything to do in your job as mayor so you take alittle girls dog Phineas away from her give her dog Phineas back to her.

    Reply

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