Appendix Pages 41 and 42
COPY OF A DOCUMENT FILED MARCH 15, 1995, IN 94-803CF, FILED APRIL 21, 1995, IN MM-1691, AND GIVEN TO THE STATE ATTORNEY ON MARCH 15, 1995.
Robert F. Allston
Case No. 94-803CF AND MM-1691
Comes now the defendant, Robert F. Allston in this cause who respectfully advises the Court of his intention to engage in civil disobedience.
In engaging in civil disobedience the actions of defendant will be entirely non-violent and non-threatening in any way. Defendant's actions may however be disruptive in carrying out his civil disobedience.
The defendant is engaging in civil disobedience in order to secure the following rights which have been denied him:
1. The defendant was arrested a year ago 3/26/94, and has been assigned 2 lawyers plus a third lawyer on 2/17/95, (whom he has been unable to contact in spite of repeated attempts) none of whom have been willing to discuss any of the many serious questions of negligent, unlawful or unethical conduct of prosecutors, lawyers, judges or police associated with his case even though such conduct may may prove to be proper for his defense or appropriate to take before a professional or grievance organization.
It is clear from the record that defendant has attempted to gain this information which should be furnished defendant by his counsel through many means including a 19 day hunger strike, attempting to file a declaratory judgment action and many other actions without success. This information was withheld from defendant for the entire 11 months of his incarceration without trial and 10 months before being offered a plea bargain for the first time, it is long overdue and he demands a full written disclosure of it immediately.
2. Starting with the report of his arrest in the Fort Myers News-Press of 3/27/94, and continuing to both of his hearings before the court of 11/21/94, and 2/15/95, defendant has been variously characterized as dangerous, insane and a troublesome neurotic client by government officials, lawyers and the Court either through explicit statements or innuendo. Defendant views such statements and characterization as attempts to avoid having to address the above mentioned unethical or unlawful acts of public officials, lawyers or judges through the pretext of claiming knowledge and expertise in the mental health area to discredit defendant in contradiction to defendant's mental health record established by qualified authority and in violation of defendant's rights. Defendant demands a fill retraction in writing of all such characterization not fully supported by independent qualified mental health examination.
3. Defendant demands a full copy of his discovery file (if that is the correct term for it) which he understands is in the hands of the State Attorney's Office and which he understands he has the right to have.
Although defendant was accused of threatening to kill public officials, defendant was forced to leave jail by court order of 2/15/95, (hearing date) without restriction of any nature as to where he may go or what he may do.
As a courtesy defendant will furnish a copy of this Notice to those where he will engage in civil disobedience should they care to read it.
At this time a copy of this is being filed in 94-803CF and to the head of security in the Lee County Justice Building and the State Attorney's Office all of which are in the Lee County Justice Building.
Respectfully submitted this the 15th day of March, 1995.
Robert F. Allston. pro se
4/21/95 Addendum: While in jail starting 3/23/95, for 14 days defendant was forced to listen to a very loud TV 24 hours a day with the exception of 40 hours and this was started again 4/13/95, and defendant is very nervous from a lack of sleep and the irritation. A copy of this paper was filed at first appearance 3/16/95, but could not be located by the Clerk later. Defendant had no advance notice of the trial date to be prepared for trial.
Robert F. Allston, pro se, 4/21/95