| Letter to PA Court Administrator | Feb 18, 1999 |
The Administrative Office of Pennsylvania Courts
1515 Market Street, Suite 1414
Philadelphia, PA 19102
Re:
Com v Brown No. 228 of 1998
Com v Brown No. 006 of 1990
Com v Buckley No. 309 of 1990
Dear Ms. Sobolevitch,
Enclosed please find my letter to Pennsylvania Supreme Court Chief Justice Flaherty of this date. Also my letter of December 17, 1998 to Clerk of Courts Susan Kosinski, and letters of January 6, 1999, and February 2, 1999 to President Judge Paul H. Millin of the 37th Judicial District concerning the matter of the record in the within referenced cases.
As you may note, the instant problem concerns my efforts to obtain criminal record documents as provided for by 16 P.S. § 405 from Susan Kosinski, Prothonotary and Clerk of Court’s of the Warren County Branch of the 37th Judicial District, and her failure to provide such documents.
Although I do not take this violation of my rights lightly, it seems apparent this entire matter of the prosecution of Jay Buckley and Michael Brown, and the subsequent “prosecution” of Mr. Brown for his “perjuries”, etc., is much more serious.
In addition to constituting a denial of my right of access to these documents, I believe the purpose of Ms. Kosinski’s failure is to intentionally suppress the testimony therein, and/or to cover up Judge Robert L. Wolfe’s actions to suppress this testimony, as indicated in my letter to Judge Millin of February 2, 1999.
The primary question at this point is whether these documents (transcripts of Mr. Brown’s evidentiary hearing of September 4, 1991) even exist. Ms. Kosinski has resisted my efforts to determine the status and whereabouts of these transcripts for over eight months. Her current position is that if I cannot find these documents, then I am free to draw my own conclusions. As I have stated numerous times, I do not believe I should have to speculate as to the existence and/or location of these documents.
She has advised me on December 28, 1998 that these matters are being “taken care of” by her solicitor, and refuses to communicate with me. Nor have I heard from her solicitor. At any rate, Title 16 P.S. § 405 requires that such records be provided within three days of request. It also provides for imprisonment of up to one year for failure to comply with this statutory directive. I would naturally think Ms. Kosinski would be eager to comply with the requirements of this rule.
There is also what I believe to be the improper and statutorily unauthorized transfer of a vast amount of physical and documentary evidence to the Meadville-based Pennsylvania State Police. I further believe there was no genuine basis for requesting this evidence, and that the true purpose of this transfer was to suppress information which is incriminating to various law enforcement individuals and agencies.
I understand your responsibilities include assisting the Pennsylvania Supreme Court in such matters. Please feel free to contact me directly concerning any questions you may have concerning these matters.
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Sincerely,
__________________________(signed)
Gary D. Lauffenberger |