Sept 24, 1987 LETTER TO MASSA E
 

Sept. 24, 1987

Mr. Joseph Massa
Public Defenders Office
Warren County Court House
Warren, Pa, 16365

Dear Mr. Massa,

I strongly believe that my sentence of January 16, 1987 for reckless endangerment - 2 year minimum - 2 year maximum, is an illegal sentence in that it violates my right to parole. In a conversation with Mr. Thelin following my sentencing, I was given the understanding that your office also believed the sentence was illegal for the same reason, and that it would be appealed. It has now been eight months since my sentencing and I haven't heard anything from your office. I am requesting that you inform me of any action taken in this matter, and if none the reasons therefore.

I am further requesting that as my attorney you file the appropriate appeals or motions for correction of my sentences as soon as possible, as this sentence is currently adversely affecting my work and security classifications and will soon be causing a delay in my obtaining furlough status, pre-release, etc.

Please inform me of your intentions and any action taken in this regard. Thank you.

Sincerely,
 
____________________(signed)        
Gary Lauffenberger

Gary Lauffenberger
J-0476
Drawer A Old Route 22
Cresson, Pa. 16630-0010
 

NO RESPONSE

 

Bonnie: 516 days to live

Mar 12, 1992 AFFIDAVIT AF1

 

Affidavit

 

The following concerns the appeal of Gary's sentence at the time of late November and December of 1987. Gary told me that he had written several times to Mr. Massa asking about the progress of his appeal and had not received an answer, and asked me to see if I could find out what was going on.

I called the Public Defender's office and spoke with Mr. Roger Thelin who advised me that they were sorry, but they had missed the deadline for appealing Gary's sentence. He said that Gary could file a PCHA petition claiming ineffective counsel. He said they didn't like to see that happen, but it was only right as they had "messed up".

When I advised Gary of Mr. Thelin's statements he told me to call them back and advise Mr. Massa that there was no deadline for appealing an illegal sentence, and that he wished them to file the papers as soon as possible. When I did so, I again spoke with Mr. Thelin and advised him of Gary's statements. Mr. Thelin told me that they would check it out and get back to me shortly.

When I had not heard from the Public Defender's office for about a week to ten days, I again called and again was referred to Mr. Thelin. He advised me that Gary was correct, and that they would file the papers immediately. I related this information to Gary but is seems that no appeal was filed.

 

I certify that the above statements are true and correct.

Date March 12, 1991

____________ (signed)        
Lois H. Albaugh


 

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