State of Florida

.........v....................................Case No. 94-803CF Robert F. Allston
Defendant

Comes now the defendant, Robert F. Allston, in this case, who respectfully requests of this court the following materials:

The defendant has been and remains in Gainesville, Florida, seeking counsel for his defense in this matter.

University of Florida College of Law Professor Joseph Little has agreed to review defendant's case for the possibility of representing defendant or associating in defendant's defense in some way.

Professor Little is qualified to practice law in the state of Florida.

As set forth in Defendant's Notice to the Court dated November 29, 1996, Professor Little contacted defendant's current counsel, John Hendry, Esq. on November 18, 1996, on the matter. Mr. Hendry returned his call on December 2, 1996.

In order that Professor Little will have adequate materials to decide whether he wishes to participate in defendant's defense in some way, defendant is respectfully requesting the Court to furnish him the following materials.

1. A copy of the complete clerk's file in this case.

2. A copy of the complete discovery file in the hands of the Office of the State Attorney.

3. A copy of all depositions taken in this case.

4. A copy of the transcripts of the testimony of all witnesses taken at the previous trial in this cause. If such a transcript has not been made defendant is respectfully requesting that a transcription of the testimony of the witnesses be made.

5. A copy of defendant's Petition for Writ of Mandamus filed and accepted by the 2nd DCA for original jurisdiction. Although this is a different case, this document concerns defendant's effort to obtain counsel and contains valuable documentation regarding 94-803CF as well. Defendant has furnished a copy of this document to Mr. Hendry and the 2nd DCA may have furnished him one also, from which a copy could be made for Professor Little. It is presumed this document would also be available from the 2nd DCA. Defendant has filed a total of two such petitions with the 2nd DCA. The one defendant wishes to furnish Professor Little is the first one filed in 1995 and the only one accepted and processed as an action by the Court.

To date, Professor Little is the only lawyer to examine the possibility of representing defendant to the knowledge of defendant who has not been appointed by the Public Defender's Office or the Court since defendant's arrest March 26, 1994.

Defendant's interest in locating counsel of his own choosing has been before this Court in a number of hearings and motions as well as in a declaratory action and the above mentioned Petition before the 2nd DCA, over the past 32 months since defendant's arrest March 26, 1994.

Defendant is requesting this motion be set for hearing as soon after January 20, 1997, as may be convenient for the Court.

Through this motion, defendant is requesting his counsel, Mr. Hendry to furnish as many of these materials as he can prior to January 20, 1997, without the necessity for a hearing; and if no hearing is thereby necessary, defendant will advise the Court.

The address to send the materials to is:

Professor Joseph Little
College of Law
University of Florida
Gainesville, Florida 32611

WHEREFORE, defendant respectfully requests the materials and documents as set forth above.

Respectfully submitted this the 17th day of December, 1996.

IN THE LEE COUNTY CIRCUIT COURT.....................CRIMINAL DIVISION

State of Florida
Plaintiff

............v..................................Case No. 94-803CF

Robert F. Allston
Defendant

This Motion is supplementary to defendant's Motion to this Court of December 17, 1996.

University of Florida Law School Professor Joseph Little has not yet received any of the materials requested in defendant's Motion of December 17, 1996.

Defendant's court appointed counsel, John Hendry, Esq., has filed 3 motions to withdraw from the case complaining that defendant is a difficult client.

Mr. Hendry has filed a motion to have defendant declared mentally incompetent to stand trial.

Mr. Hendry has left the practice of law and now resides on the East coast of Florida.

Defendant has requested of this Court other counsel of his own choosing on many occasions before the court.

Since Professor Little has not yet received any of the requested materials or documents as per defendant's Motion of Dec. 17, 1996, defendant is respectfully requesting the Court to provide these materials for Professor Little.

Should the Court deem a hearing necessary on this matter, defendant is herein requesting his counsel, Mr. Hendry, to attend the hearing and support defendant's request for these documents and materials.

Trial is set for March 24, 1997. Professor Little will need to review and research the case, decide if he wishes to participate with Mr. Hendry in consultation with him or take the case himself and prepare defendant's defense. Thus defendant requests this issue be heard at the earliest convenience of the Court.

Defendant remains in Gainesville to assist Professor Little in reviewing the case when the materials and documents are available.

WHEREFORE, defendant respectfully requests the Court to obtain such copies of materials and documents as set forth in his Motion of Dec. 17, 1966, sent directly to Professor Little.

Respectfully submitted this the 23rd day of January, 1997.

Robert F. Allston