With the help of a cert. prison mediator, I sent a complaint of reprisal letter to the dept of justice, fbi, governor of state my husband is being held in, and 2 senators requesting a new PD be assigned to his case due to his right to counsel and his due process rights being ignored to such a vast degree and an investigation be conducted to this matter. Will I get any kind of response from anyone?

Hello p:

No, you won't. If you want a new lawyer assigned, FIRE the old one. Do it by certified mail, return receipt requested. Send a copy to the judge and the prosecutor. Actually, your husband must write the letter - not you. In the letter tell him WHY he's being fired.

It's really that simple. When he goes to court again, they'll assign a new lawyer to him...

excon

Agreed, if the letters were even read they were filed or thrown out. Since this was about your husband, and not you, it was not your place to write anyone, at least except to complain, it is not an official request that only he can make.

Next they may assign a new Public Defender if you fire the other one ( for cause) but you will need to show the court where he failed in his job.

Next I am not sure what you want a PD to do, they do not investigate, they merely often just review evidence submitted and use the info their client gives them. It is never like TV where they actually go out and investigate things, if you want that done, you will have to pay for an investigator, if you want other tests and things done, that has to be requested of the court, or paid for by the client.

So I am not sure what rights you believe have been violated.

But no a letter from the wife of the person, is just ignored.

So the prison mediator that charged me $275 to write a formal complaint up and had me sign it just screwed me?

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Originally Posted by polehonki

So the prison mediator that charged me $275 to write a formal complaint up and had me sign it just screwed me?

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Hello again, p:

I don't know what a prison mediator is - especially since your hubby already HAS a lawyer and he ISN'T in prison.. Who is this guy and where did you find him??

Yes, it looks like he screwed you... I can't imagine any good would come of his advice...

The thought occurs to me that you're not in the US.. That WOULD make a difference.

excon

Ok here is the run down... my husband was arrested in Feb in Miss. For shooting and killing 2 men that pulled a gun on him in a bar. He also apparently hit a pedestrian and didn't know it earlier that night. The pedestrian had minor injuries and was checked out and released that night. He is being charged w/ 2 counts of murder and 2 counts of agg assault. His PD has not come to see him since he has been locked up, no one took his statement, or gave him a BAC test. Countless requests to see him as well as to get copies of all his paperwork have never been answered. He has been in the hole, as per his own request since May to stay clear of any trouble. He has missed his 2 court dates (while locked up ) and his PD told me on the phone that it was because he was "acting up". His PD just ran in the Nov elections for the DA position. He lost. Ive talked to him 2 times on the phone. My husband was given a waiver of his right for a preliminary hearing and was forced to sign it by the sheriff deputies without being able to read it. The jail just told him last week that any more law information he wants he'll have to ask his lawyer for it and that he can't use the law library anymore. Everything that has come out of his PD's mouth (to me on the phone) has been a lie. There is a lot more to add but I think you get the jist.

And as far as the prison mediator goes, I sent out an email to numerous help links off the federal bureau of prisons website in a desperate attempt at finding out what I or anyone else could do for him if anything and a man called me back and said he is a cert prison mediator that has been helping prisoners for 20 years.

Sorry, but several issues, no one forces you to sing or not sign, you can always refuse to sign, your first appearance is where they read the charges and you plead. I will assume he plead not guilty and waived the right to the first appearance, that really does not matter since he would have still be locked up on murder charges.

It is seldom that he will get bail on murder charges. There is no requirement that they even question him or take his statement, if they feel they have enough evidence to convict, they may not even call him to the stand in a trial.

So he has no right to make a statement to the police, he had a right to the first appearance but decided not to, sorry but he made that choice for what ever reason.

He has also made his choice about being in lock up ( protective custody I guess is what he asked for) so he needs to get out of there to have more rights in jail. When you are in lock up, you give up many rights just by being there.

The only issue I see is his right to the law library, or at least the books, in lock up, he can have certain books. But to be honest, he is now just waiting for a court date, and he could be in lock up for up to a year waiting on a court date.

He so far has been his own worst enemy.

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Originally Posted by polehonki

a man called me back and said he is a cert prison mediator that has been helping prisoners for 20 years.

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Hello again, p:

Ok, you got screwed.. I told you how to fire his PD, and you don't owe me a dime.. Given that his PD wants to be a prosecutor, he'd better do it quick.

excon

Well thank you both very much. That is the most sensible information I have received up to this point from anyone including my husband. At least I know what to expect now or rather not expect. FYI, we were separated when this happened and it just pulled me back in like we were never apart. Very heartbreaking to say the least but as I start seeing things for what they really are, I can see a light at the end of the tunnel... for me. Thank God. You guys helped a lot thanks again.