Appendix Page 46
EXHIBIT A -- Letter from petitioner to his Counsel filed 5/15/95.
April 6, 1995
Robert F. Allston
P.O. Box 1751
Fort Myers, Florida 33902
John Hendry, Esq.
461 South Main
P.O. Box 2280
La Belle, Florida 33935
Dear Mr. Hendry:
This is to repeat and supplement my request for information made to your law partner by letter of 3/7/95.
In addition to my letter to Mr. Elver, I made many attempts to reach him by telephone but never was able to talk to him nor did he respond to my letter.
I have talked to you only once briefly on the telephone but your secretary, Pam, advised me you tried to see me twice at the jail but were not allowed to see me. I don't know why this should be however I should think you could get the information I am looking for without having to see me at least to start with. I will call your office periodically and you can write me as well. If you have any trouble reading this or understanding it we could take care of it by letter or phone if you can't get to see me in jail. It is now over a year since I was arrested and it has taken far too long to get this.
Thus before doing anything else in the case I would like for you to obtain the following for me:
First I would like a written analysis of any questions of negligence, unethical practice, unlawful practice, impropriety or appearance of impropriety that might materialize through further research pertaining to the actions of any lawyers or government officials associated with the case in any way and which could potentially be used at trial if brought before a grievance organization or government body.
Second, I would like to have in writing, all areas of my defense that you believe might in any way benefit from the use of expert witnesses and what expertise any such witnesses might be required to have.
In examining these issues I would like for you to review the entire record. For a first pass I would recommend my brief to my proposed declaratory judgment action (filed in 94-803CF), Motion to proceed Pro Se and for Continuance, Information, Amended Information and Addendum to Notice of Appeal. Also I wrote a letter to Commissioner St. Cerny last year which may not be in the record but which I assume you could obtain from him.
I would appreciate having the principle authorities - statutes, cases, ethical code etc. if you could make copies of them for me while preparing my requested material.
Of course this work needs to be done in sufficient time before trial so we can decide what to include in trial and obtain the experts we wish. And even though it has been over a year and you are the fourth attorney to be assigned to me, to my knowledge none of this has ever been done so I would appreciate your attention to it just as soon as possible.
Your secretary, Pam, said I might have a copy of my discovery file. I would appreciate it.
Robert F. Allston