What Matt’s Mother Has to Say at Disciplinary Hearing of Attorney Gabriel J. McCarthy of Boise

2019 06 24 Bar Hearing against Gabriel McCarthy.  Carol’s testimony

Hello, my name is Carol Hutcheson.  I am the mother of Matthew Hutcheson.  I thank you for the opportunity to offer a brief oral statement supporting my son’s complaint against Mr. Gabriel McCarthy.  I have been deeply wounded by the actions of the Department of Justice in our country. Today I am given hope by this hearing.  Thank you.

You might be asking yourself why a mother is so involved in her son’s case.  You are aware of inmates who were falsely accused and finally exonerated. In most of those cases, it took the family to help bring about justice.  I am one of those mothers who continue to fight for my son who has been unjustly and falsely accused, convicted and incarcerated. He is an innocent man.

May I first leave a witness to the sterling character of my son.  He is a good person and always has been. In his youth he was an outstanding young man, a high school football hero, an Eagle Scout, no drug use, no police record.  In his adult years he was very hard-working, well-educated and creative in solving complex societal problems. He is a father of four outstanding children, a happily married man who treats his wife with respect and love, and a friend to the less fortunate.   I know the good he has accomplished in prison by helping others. I have received letters from those he has helped. I have been in almost daily contact with him through his trial and incarceration and I know what has happened from the beginning. I know the frustration and pain he felt when Mr. McCarthy deliberately abandoned him.  Matthew’s emails to us and to Mr. McCarthy, of which he sent us a copy and which we have saved, attest to Mr. MCarthy’s misdeeds. As a participant and a witness, I can also testify that McCarthy has caused great harm and emotional and financial stress to all Matt’s family.

The purpose of an appeal is to bring to light accusations not properly tried, to point out evidence overlooked, not understood, to correct falsehood, and to right the wrong.  But when Mr. McCarthy came onboard, he opted not to fight the gross falsehoods and inequities present in the original trial. He did not bother to communicate, did no investigation, did not seek testimonies of qualified accountants or Erisa experts, and refused to explore the truthfulness of the ITR’s.   He did not answer emails or keep appointments for phone calls previously arranged. He told lie after lie to Matt, to his wife, and to me. He even had his secretary lie for him. We were promised that he was diligently working and that the appeal was almost ready and would be filed on time. In the end, he purposefully did not file the appeal.  He knowingly neglected his client, misled him, failed to communicate, and ultimately betrayed him. During this time, he fraudulently accepted fees for service not given. Mr. McCarthy’s behavior was all a giant charade and the evidence against Mr. McCarthy is glaring. As a result of his actions, Matt remains in prison for something he is not guilty of committing.  Mr. McCarthy knowingly and willfully violated Matt’s constitutional civil liberties.

I thank you again for holding this hearing and for giving me the opportunity to share my experiences and feelings.  I feel this is the beginning of justice at last.