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[ira-einhorn] Ira Einhorn, new trial guarantee "disingenuous"

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  • David Crockett Williams
    Marty, I got an email yesterday from Ira Einhorn in response to your forwarded interview request. I understand that he will be having someone contact you
    Message 1 of 1 , Mar 12, 2000
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      I got an email yesterday from Ira Einhorn in response to your forwarded
      interview request.

      I understand that he will be having someone contact you directly to make
      appropriate arrangements.

      As far as your indicated purview for the interview you seek, I would suggest
      that one of the most important and significant specifics of his case at this
      point, in addition to the points of evidence already part of the record in
      court procedings and how Einhorn might address these points on the radio, is
      the contention by the DA that her "guarantee" of a new trial is
      legally viable as fulfillment of one of the French authorities' extadition
      conditions, in spite of the contention by independent legal scholars that
      such a new trial is not legally possible, at least without a definitive
      ruling on that point by an appropriate judicial authority perhaps even at
      the level of the US Supreme Court.

      For a qualified legal opinion on why
      such offer/commitment/guarantee by the DA without such judicial concurrence
      in writing would be a violation of the US Constitution's separation of
      powers doctrine you can obtain from Ira's attorney there a copy of the sworn
      affidavit dated November 27, 1998, John W. Packel, then Chief of the
      Appeals Division of the Philadelphia Public Defender Office who had held
      that position as of then for 30 years practicing criminal law in
      Philadelphia. Certainly the Philadelphia DA has seen this document already
      whose closing line regarding the DA's "guarantee" of a new trial is, "The
      District Attorney's claim is, at the least, unsupportable and disingenuous".
      In this affidavit Mr. Packel cites legal authorities and precedents, court
      decisions, etc., to support his statement that "Frankly, I am appalled, but
      not surprised, by the District Attorney's [Abraham] 'guarantee' which refers
      to the statute granting a new trial but makes no reference whatsoever to the
      controlling decisions of the Pennsylvania Supreme Court unequivocally
      holding that any such statute is invalid." He goes on to criticize that
      "...the District Attorney ignores, making absolutely no reference to, clear
      and compelling authority establishing that the statute it drafted is
      unconstitutional, unenforceable and invalid." He also says that "I do not
      believe the District Attorney's 'guarantees' and I do not believe that these
      'guarantees' are honestly made", and that "In the light of any real
      consideration the District Attorney's 'guarantee' must be dismissed as, at
      the least, misleading".

      This point seems to have been the main focus and purpose of the recent press
      conference in France and was addressed in detail by Einhorn's attorneys
      there, yet the essence of this position was not apparently reported at all
      by the media. If your radio show can bring up this point and reference the
      elements of that brief for the DA to address on the air, you may be able to
      make a significant contribution to resolving that glitch in the extradition
      procedings if the DA's position is correct, or to expose her
      offer/commitment as illegal and a knowing sham if, as some contend, indeed
      it is.

      Personally, I think this is the only one of the conditions for extradition
      that remains at issue since, in spite of the media hype so far, I think all
      parties agree that the death penalty nonapplication provision controversy is
      moot because the crime for which he was convicted took place in a time frame
      before the death penalty law was passed.

      If you really want to help further clearer understanding of the status of
      this case I suggest that you specifically and carefully address this point
      on the radio with the DA and with Ira or whoever he asks to
      contact you regarding taking part in your radio interview on March 15.

      It is a shame that the misconduct of the Philadelphia District Attorney's
      office and its incompetence and dishonesty in this matter is preventing
      justice being served in this case.

      -----Original Message-----
      From: Marty Moss-Coane <martym@...>
      To: gear2000@... <gear2000@...>
      Date: Friday, March 10, 2000 10:34 AM
      Subject: Interview with Ira Einhorn

      >Dear Mr. Williams:
      >We appreciate your willingness to forward the following message to Mr.
      >Dear Mr. Einhorn:
      >On Wednesday, March 15 during the 10-11AM hour of Radio Times, our guests
      >will be DA Lynne Abraham and Philadelphia Inquirer reporter Daniel Rubin.
      >Our intent is to revisit your case and to discuss current developments.
      >Would you be willing to do a 10 minute interview to open the show. My
      >questions will be limited to the specifics of your case.
      >Thank you for your consideration.
      >Marty Moss Coane
      >Radio Times

      David Crockett Williams gear2000@...
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