<Begin Segment 17>

FA: What, when the jury came back, tell me about the jury coming back with a verdict.

FE: That's kind of hazy at this point, but we didn't expect too much because one weekend during our trial, the prosecutor and the sitting judge, Judge Rice, went duck hunting, and when we heard that we thought, "Uh-oh, there goes our case. We won't win this one." [Interruption] This judge was not the regular judge, he was sort of a sitting judge, you know, for that particular trial, so when we heard that, when he declared -- no, the jury declared us guilty, we weren't surprised. Although we had pretty high hopes because our attorney was very sharp, Wirin. He really made Sackett look like a real hick attorney. So some of us thought, well, we might be able to pull this through, but when the jury found us guilty we weren't really surprised.

FA: Then what happened?

FE: Well, then I think we filed an appeal.

FA: Well, first the judge sentenced you.

FE: Oh, the judge sentenced us, sentenced us to four years in the federal penitentiary.

FA: Frank, here you are, you're a young man, you were not eligible for the draft, you didn't have to resist, and you were just told that you were going to spend four years in a penitentiary. What did you think?

FE: Well, we weren't happy about it, but it's something that we figured could happen and we were not surprised that we were found guilty and sentenced. But we still had hopes of winning at the appellate level, so that, that kept our hopes alive.

FA: And you filed an appeal, Mr. Wirin requested bail for you.

FE: Yes, but the judge denied us bail saying we were agitators and, "The camp would be better off without you." We figured that'd be no problem because being sent back to camp was just like being sent to, back to prison. But he didn't, the judge didn't see it that way.

FA: So then what happened?

FE: So we were sentenced to four years at Leavenworth penitentiary. And at the same time we filed an appeal at the 10th Circuit Court of Appeals, and we were driven to the penitentiary by the marshal.

<End Segment 17> - Copyright © 1998, 2005 Frank Abe and Densho. All Rights Reserved.