| Sept 18, 1989 | Correspondence TO McKeirnan | F3 |
|
Sept. 18, 1989 Re: Habeas Corpus proceedings for Gary Lauffenberger Dear Mr. McKeirnan, I have been under what I now believe is a mistaken impression that my original APPEAL was to be re-scheduled upon your appointment. Am I now correct to understand that the pending proceedings will be held on the HABEAS CORPUS PETITION, AND the issues raised therein ?
If this is the case, I feel it necessary that you file a Motion in Superior Court requesting an opportunity to amend my petition, and that a continuance be granted for that purpose. At the time of filing this petition I was unaware that I was eligible for appointment of counsel. Also, this petition was filed in haste and desperation following my abandonment on appeal by yourself, and in an effort to obtain a speedy disposition, particularly the issue of illegal sentence. Also I was extremely distraught at that time due to my then recent bereavement.
For these reasons and also my own lack of legal expertise and limited access to legal resources, I excluded many issues I believe are meritorious. In that speedy disposition is now foreclosed , and nearly moot, I wish to raise all meritorious issues at this time. Enclosed are the issues I had intended to raise on appeal, and which I believe are appropriate for a habeas corpus proceeding as well. In addition to these are several issues concerning the improper consideration of impermissible and/or erroneous factors in the imposition of sentence which I will detail to you soonest.
Two other items I believe are absolutely essential to the successful presentation of my case are the medical reports concerning the injuries of Mr. Zdarko, which will establish arrest was false and search was illegal, as well as D.A.'s failure to disclose exculpatory evidence, and a transcript of the audio tape I have of the preliminary hearing of No. 240 of 1986, which will prove the fact of perjured testimony and police suppression of evidence of that perjury, and also that the Commonwealth failed to present a prima facie case on the charges of No. 240.
Finally, regarding my 3 - 4 year sentence, and P.C.H.A. court's OPINION that I was sentenced to 2 - 4 years, and subsequent
refusal to inform the Dept. of Corrections of this fact;
(I) what is your assessment of this situation, and (2) what action have you taken, and what action do you intend to take in having my sentence corrected?
I am making such inquiry in light of the fact that the court has
resisted my best efforts in this matter and the Clerk of Courts now informs me she will
no longer perfect service on my petitions,
apparently as a result of your most recent appointment.
__________________(signed)
Gary D. Lauffenberger
|