Jan 16, 2003
Honorable Gustav J. DiBianco
US Magistrate Judge
RE: United States v. Murtari
P.O. Box 7396
Syracuse, NY 13261-7396
Dear Judge DiBianco:
It is with some regret that I contact you to ask that my assigned Counsel no
longer represent me in the matters before your Court. There has been conduct
which is simply unacceptable in an attorney-client relationship. I will relate
those items in the attachment. I take no pleasure in this and I hope all sides
will not see this as some type of legal maneuvering or theatrics. This event may
certainly have a detrimental effect in my defense in these matters and the
ultimate outcome. With not only severe consequences for me, but also my family.
On a personal level I want to note that I greatly appreciate not only her
efforts in this matter, but also the other people I met in the Public Defender's
office. I have thanked them before for what they have done, and I thank them
now. However, on a professional level I feel there was a severe breech in the
attorney-client relationship and it certainly may have been caused by the unique
facts in this matter. I regret that, but now wish to focus on how best to
proceed in a timely and effective manner to bring the pending matters before you
to closure.
Assignment of Counsel - You have a copy of the financial affidavit I
submitted several months ago. It is still an accurate depiction of my financial
state. I would love to hire an attorney to represent me, but it is just not
possible. In the past I have tried to contact Civil Right's attorneys and groups
for "pro bono" type representation, but have not found anyone. I do
plan on trying again immediately to find an attorney in Federal Practice who may
be able to represent me. I ask the Court to please assign an independent local
attorney who is qualified as assigned counsel, but obviously one who's practice
is not dependent on assigned counsel payments to avoid any potential bias.
Limitations proceeding "pro se" - Proceeding on my own in
this matter is undesirable. I do not want to waste the Court or Mr. Southwick's
time with silly mistakes and procedural errors. Most importantly, I do not wish
to jeopardize myself and my family. I have no desire to act as a lawyer;
especially given the significant Constitutional issues presented here. These
matters are not only about simple facts, but a great deal about the law. I would
have little objective chance to win any type of legal argument versus Mr.
Southwick and his experience.
My greatest limitations is in having access to Federal Law, Rules, and Court
Procedures. I live in Lyons, NY, which is a 1 hour drive from my office in
Baldwinsville, a 2 hour commute each day. Federal books are not available in
either location.. The County Supreme Court Library in Syracuse is a 30 minute
drive from my office. I have a full time job during the day. My mother is 86 and
I am the only child; I live with her and help her.
I have seen various "on-line" legal services that give access for a
monthly fee to case law, rules, and procedures. I can access the internet from
both home and office; it would alleviate some of the problem if the Court could
allocate funds at least for that. I obviously have a lot of reading to do and it
would make it go much, much faster.
Schedule on Contempt - I ask the Court to please delay the Contempt
Hearing and give me and counsel an opportunity to determine how to proceed. I
may need to review Federal Law, Rules, Procedures, and also case law. I have no
desire to delay this matter, but wish to proceed as quickly as possible within
the real limits imposed by my position. I know that in some state jurisdictions
it is allowed (and sometimes required) that a different Judge hear a case of
contempt. This may be something I ask for. I do plan on calling witnesses to
testify, I ask for a date to submit motions of February 19th if the Court thinks
that is a realistic target date.
Schedule on Pending Violation Charges - I am not familiar with Federal
Procedure, but I assume from Court conversations that Mr. Southwick is going to
prepare formal complaints against me, specifying the charges I am accused of,
before we will schedule any pending trial dates or agree to other dispositions.
At the present time I can say with some certainty that I plan on asking for
Trial for the arrest that occurred on September 30th. I feel that is the most
representative of the cases and has none of the issues regarding
"congregating", which were unique to July 29th.
Pending Appeal - The Appeal has been submitted. I do not wish to
jeopardize the proceeding with Judge Mordue and can find no harm in Ms. Peebles
completing anything that procedure requires till a decision is made. I
understand if an Appeal is required to the 2nd Circuit that new provisions would
have to be made for representation and that items not raised on Appeal to Judge
Mordue are still preserved and may be raised in later appeals.
Personal Schedule - My son's birthday is Feb 11th, my Mother and I
have tickets to fly out for the weekend on Feb 13th. He has Spring break from
school, March 20th-30th, I hope to be able to pick him up and bring him here for
the holiday. As I said before during my sentencing, I do not ask for this
consideration from the Court or the US Attorney's office as a "right"
or "obligation." As you said so well in Court your honor, I could
obviously "stay" my actions. I just ask for mercy as these events
unfold. He counts the days until our next visit, he is aware of what daddy
"does." These decisions are very painful for both of us.
The Proceedings - As an innocent man I have been convicted and sent to
jail - I still marvel at that event. This is a political matter, not a criminal
one. The solution is a political one and rests with Senator Clinton and parents
who have been unjustly separated from their children.
Finally, I feel it necessary to say again I regret the change in counsel. I
hope the court respects my honesty in this matter and understands there is no
motivation for this other than what you see presented here. Mr. Southwick is a
great follower of the group's web site and it is my intent this attorney-client
event be "minimized." I have a great respect for her and during my
last incarceration heard some of her former clients call her one of the best
lawyers in the Public Defender's office. My great wish is just to get back on
track so that everything can be dealt with in a proper manner.
Respectfully yours,
John Murtari
635-1968, x-211
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