Appendix Page 50
Robert F. Allston
Lee County Jail
2115 Martin Luther King Blvd.
Fort Myers, Florida 33901
John Hendry, Esq.
P.O. Drawer 2280
La Belle, Florida 33935
Re: 94-803CF
Dear Mr. Hendry:
I have been trying to get a copy of my discovery file from my attorney and SAO for over six months. It was my understanding you were going to send me the complete file as a result of my first visit from you in jail on 6/8/95, however the package I received from you was missing 45 pages out of 123 pages assuming there are a total of 123 pages in the file. It is my understanding I have the right to this file and it is overdue for me to get it so I would appreciate it if you would send me a complete copy right away.
This case is now 15 months old and all 3 of your predecessors have completely ducked all of the many serious ethical and related issues although many of them may be proper for my defense. It has been over three months since I wrote your law partner for thhis information with no response and there has been no response to my 2 month old letter to you and in our first discussion of 6/8/95, you clearly indicated a preference not to address them.
Indeed I had to point out to you that it appeared counts 1 and 2 of the Information were false and the affidavit had been falsified because there was no sworn testimony in support of them.
Then I pointed out it appeared these false counts had been replaced by two more false counts with falsified affidavits in the Amended Information in that counts 3 and 4 again had no sworn testimony in support of them and count 4 appeared to be too amiguous to meet the statute, failing the affidavit for that reason as well.
Further, even though the case is 15 months old and I have had 4 publicly funded lawyers, none of them have even touched on these as well as many other issues leaving me to have to guess at it. It seems to me you and your colleagues should be bringing these matters to my attention rather than vice versa.
Clearly we need to address these issues first so I can be satisfied as best possible that they will be properly addressed for my defense and so your written analysis can be placed in the record on appeal as an aid in this important area on appeal if necessary.
Therefore I am asking that you give your complete attention to my motion dated 5/6/95, and my attached letter to you of 4/6/95, before we go further with anything else. I believe this request is well within my prerogative in the attorney client relationship especially under the circumstances of this case.
As well as my discovery file I have requested a copy of my Lee Mental Health jail file from David Anderson and I need a copy of my file with the clerk that I presume you can order for me. There are of course other things in my motion and letter but I presume you can get these things to me soon.
I have requested Judge Nelson to hear my motion since there are other matters addressed in it that I need resolved and if you have any problems I assume you could bring them up them.
This case has been going on for too long so I would appreciate your attention to it just as soon as possible.
Of course I would expect you, the court, and the SAO to address or report any questions of below standard professional conduct under applicable rules of conduct.
Sincerely,
Robert F. Allston