Well. Things are not so good for either Timothy Miller or Kenneth Miller. As for Philip Zodhiates, it's unclear how his trial, which has just begun, is going to go.
Let's start with Timo Miller, who is in the worst situation of all: As of this past Tuesday, he has not been brought to the United States. He remains in the custody of the Nicaraguan authorities. No one seems to know for sure why, after leaving him alone to carry on his life for years, the Nicaraguans suddenly decided to arrest him in connection with his role in the so-called "kidnapping" of Isabella Miller--a charge (of course) originating in the United States and in the laws of the United States. It is all the more mysterious since they haven't yet sent him back to the U.S.
Here is what the U.S. Prosecutor is reported to have told Christian News:
Co-prosecutor Assistant U.S. Attorney Paul Van De Graaf confirmed to Christian News Network on Tuesday that Timo Miller is currently behind bars in Nicaragua and might be deported back to the U.S.. However, the decision is up to Nicaraguan officials as there is no extradition process in place.
Clever, huh? There's no extradition process in place, so he just remains in limbo indefinitely in Nicaragua. A much worse outcome than being brought to the United States for a trial. It avoids all that pesky habeas corpus stuff.
Someone did something, probably recently, to bring about his arrest. His family was told "Timo does have a red card against him in the Interpol." A quick googling indicates that a "red card" means that the person has been listed as wanted for arrest and extradition by some other country. So it looks like the U.S. somehow got a red card put out on him through Interpol, which got him arrested, but...then what? If Nicaragua is not bound by or doesn't consider itself bound by an extradition treaty with the U.S., why did they bother to arrest and hold him pursuant to the red card? His family was apparently told on August 31 "that in 2 weeks the states plan to have him up there," but we are now well past that, and he's still in Nicaragua, according to the U.S. co-prosecutor. Is this a result of incompetence causing the Nicaraguans to take a surprisingly long time to "do the paperwork" to send Timo Miller back to the States, of warring factions in the Nicaraguan government, or of someone's malice, wanting to keep Timo Miller in bad prison conditions in a foreign country in such a way that he cannot even receive due process of law? And if so, whose malice? And why did a red card suddenly get put on him now after all these years, after he was cooperative back in 2011? All of these questions are unanswered, and the strain must be terrible for his family. They need prayers.
Moving on from Timo Miller to Pastor Ken Miller: He has declined to testify in the trial of Philip Zodhiates and has been found in civil contempt and told that he could be found in criminal contempt. Here is a moving account of the court scene in which he refused to testify. Right now no sentence has been given to him for either civil or criminal contempt. He is being held in Buffalo for the remainder of the Zodhiates trial in case he changes his mind about testifying. We should pray that he is not punished further for this refusal and also pray for his wife and family who must be in great anxiety about the possibility that his sentence will be lengthened and the uncertainty about how long it would be lengthened for.
Here are some details on the initial arguments in the Zodhiates trial. Evidently the lawyers are duking it out over the state of the law at the time of Zodhiates' "offense." Also over what Zodhiates did or didn't know. Since at the time of Lisa's and Isabella's flight the actual transfer order from the judge, ordering full custody to Janet Jenkins, had not been officially made (he had merely warned of it), Zodhiates' lawyer is arguing that he did not break federal law against assisting in a parental international kidnapping. Not being familiar with the niceties of that law, I can't say how much wiggle room there is there. It's certainly the case that Lisa Miller had been flouting other judicial orders to send Isabella to visit Jenkins unsupervised, and those orders predated her flight. It may be that any time there is dispute over child custody of any kind between people to whom a family court has given some sort of parental or visitation rights, the federal law forbids leaving the country with the child to cut short the dispute. I don't know. It will be interesting to see what the jury thinks.