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34 Franklin St.
Lyons, NY 14489
April 3, 2003

Honorable Gustav J. DiBianco
US Magistrate Judge
RE: United States v. Murtari (5:03-M-73 (GJD))
P.O. Box 7396
Syracuse, NY   13261-7396

Dear Judge DiBianco & Mr. Southwick:

I have received the response from Mr. Southwick on the two motions I submitted. I had also approached Mr. Suddaby in the hope the government might be willing to suspend prosecution of these matters and received a negative reply.  I must tell you that I am frightened by what might happen in Court over the next weeks and months and the real chance of some jail sentences.

Certainly I am frustrated by what has occurred and I’m sure you and Mr. Southwick have similar concerns.  I got to spend a wonderful time with my son Domenic last week and it certainly affirmed my belief in the tragic violation of Civil Rights presently being visited upon parents and children.  I’m sure you feel as strongly regarding my conduct in the building. While we disagree, I certainly hope we can avoid any personal recrimination or animosity as matters proceed. I have a great respect for the both of you and when good people affirm what they believe in the final result can only be positive.

I hope the Court appreciates that I have tried to handle matters briskly and met deadlines.  My part of any future hearings/trials will be brief. The facts in these matters are clear. But I also want to take this moment to explain some upcoming vacation schedules that are presently planned.  Between May 1^st and May 5^th I hope to be visiting with my son in Colorado.  Between June 5^th and July 19^th is our scheduled summer vacation together.  I hope that any proceedings/jail time can be scheduled around these dates. If a delayed sentence is delivered I assure you I would cease any of my conduct until the sentence was completed.   For me to be late even a day on the pickup of my son could result in the whole vacation time being cancelled by my former spouse (these things happen and by the time any court can intervene it is usually too late).

Presently I do have plans to return to the building on April 7^th (this has been scheduled for a couple of months).  It may be delayed by my Mom’s health.  During our last trip to Colorado she had a bad reaction to the altitude (which the doctor thinks was caused by an existing infection).  Right now she has a real hard time breathing and I will be taking her to a lung specialist tomorrow.  It has been a long winter for her and I hope the “quick” return of warm weather will help it all clear up.

Respectfully yours,

John Murtari

635-1968, x-211