Lex Coleman Claims Public Defender Malfeasance

Claims Defender Clott Implied Coleman's Radio Job Endangers His Freedom
A Clear Violation of the First Amendment, If True


February 17, 1998

To: ABRAHAM CLOTT

Re: JUDICIAL CONFLICT / BAIL CONDITIONS

For the record:

On Oct 4, 1997 you were notified by me in California, and by Chris Cross, WLXG Radio, Lexington, KY via telefax of a job offer, requesting relocation to Kentucky for the purpose of taking up full time employment. A duplicate request was made to John Murphy in Chicago.

Oct 6 you informed me via telephone that Alan Vickery had no problem with the relocation. I then gave you the address of the Campbell House Inn in Lexington were I would be staying.

Oct 7 John Murphy notified me via telephone that Judge Moran had signed a court order for me to relocate to Kentucky. As you know, Judge Moran has never signed off unless New York had given prior approval, which it had, according to what you stated to me on the telephone.

Oct 10 I heard nothing more from you, ( and frankly did not expect to ) informed Pat Mancini of Pre-trial, Uniondale, and departed for Kentucky.

Oct 13 I received two letters addressed to me c/o Campbell House Inn, Lexington, KY. 1. A letter from you dated October 7, postmarked October 10. It is a copy of a letter to the court requesting conditions of bail be motified to permit travel to, and residence in Kentucky. It also states that Alan Vickery does not oppose the request. 2. A letter from John Murphy with attached court order signed by Judge Moran ordering me to reside in Kentucky, dated October 7, 1997.

Oct 20 you contacted me at the radio station, claiming that I was in Kentucky without permission, and apparently seemed shocked that I was here. Of course this conflicts with your correspondence to me, addressed to the Campbell House, Oct 7.

Despite the clear evidence to the contrary, you have repeatedly informed me that Judge Platt will very likely rule that (I) violated bail conditions by moving to Kentucky. ( Your letters: 11/06/97, 1/27/98, 2/06/98 )

This is simply not acceptable to me nor by my employer LM Communications, who now has a vested interest in this matter. All of your correspondence to me, in writing and telephonically, and Judge Moran's order have been reviewed by LM. They are in support of my position that I relocated, and they assisted me in doing so, in good faith.

You are hereby instructed by me to seek a clarification from Platt with regard to my presence in Kentucky. I strongly suggest, to avoid the potential of reopening a politically charged can of worms, that you and Vickery get Platt's assurance in blood that the plea is in tact.

If you do not proceed, I (we) shall write to Judge Platt directly with all supporting correspondence, seeking Clarification of status.

If Platt does not agree with Moran's Order that I reside in Kentucky, we shall seek Declaratory relief from the District Court here to resolve the judical conflict between New York and Chicago.

This matter must be resolved BEFORE sentencing in New York, if there is any possibility that Platt could use the relocation issue in an attempt to throw out the plea agreement.

To refresh your recollection, one of the statements you made telephonically, " they are not very happy you are on the radio..." greatly concerns me and this broadcasting company. Clearly you are saying that if I was loading boxes, for example, then there may not be a problem. There is a very real possibility of a First Amendment violation here. (Oct 20, 1997).

Upon my voluntary return to the United States, October 11, 1996, I have complied in every way with the court, despite the fact that I was held without bail for six months, medically maltreated, and illegally placed in solitary confinement. I have never even missed a telephone check in with pre-trial since I entered a plea September 11, 1997 before Judge Platt. Despite the fact that the court has not even accepted the plea going on six months, I am remain totally in compliance with bail conditions, reporting as instructed by Jeanne Arnold in the Lexington office. I have obtained gainful employment, supporting my wife, my mother, and three young children. I have established myself in this community, working closely with our local public servants, raising funds for a police monument, and even speaking to young people about the experience of being sucked into the federal justice system.

If there ever was an example of the justice system turning a mole hill into a mountain this is it !

Sincerely,

 

Lester K. Coleman, III


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