Letters Can Be Used for Many of the Same Purposes
As Motions
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This example
letter of introduction provided an opportunity for either a resolution that
provided dispositional fairness at an early stage or it would be used to set the
stage for the beginning of extensive litigation. This letter, with an unfiled
draft of the AMENDED AND CONSOLIDATED MOTION SEEKING RELIEF FROM THE DECEPTION,
INCOMPETENCE, CORRUPTION, CONCEALMENT OF FRAUD AND OTHER MISDEEDS OF THE STATE
OF TEXAS, was sent to the prosecutor. A copy of the letter and draft of the
motion was also sent to the trial judge. (copying the judge is questionable)
Local counsel and the prosecutor in this case had been involved in heated
disputes about Brady material before we became counsel of record in the case.
This letter was sent before we filed any motions, and the letter was the first
communication we had with the prosecutor or the trial judge.
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In this
particular case, the end result was a life sentence for the client, a prison
sentence for the pathologist and a district attorney who entered private
practice after being voted out of office. |
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The case was
resolved only after federal civil litigation which resulted in exposure of the
wrongdoings of both the pathologist and the district attorney, who was defeated
in the following election. The case is written about in Bill Hubbard's 1998
book, Substantial Evidence. |
Note: A copy of this letter of
introduction was sent to the judge.
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Millard Farmer |
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Attorney at Law |
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P.O.
Box 1728 |
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Atlanta, GA 30301-1728 |
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March 25,
1992 |
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Randall
Sherrod, Esq. |
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District
Attorney |
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Courts
Building |
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16th Street and
4th Avenue |
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Canyon, Texas
79015 |
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Re: State of
Texas v. Douglas Nathan Palmer, In the 251st District Court in and for
Randall County, No. 6985-C |
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Dear Mr.
Sherrod, |
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I am
enclosing a draft copy of an amended and consolidated motion that we will be
filing next week in the Palmer case. We have not met before. I would like
to greet you and say hello by this letter before we begin this litigation. I
must say to you from the outset that my interest in this litigation is that Doug
Palmer not be executed by the State of Texas. |
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I am very
open to discussing any differences that exist between the prosecutors and
counsel for Doug Palmer. I feel the courtroom is greatly overused in dispute
resolution. The purpose of this letter is to resolve as many of our differences
as possible before the amended and consolidated motion is filed. |
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Please give
me or anyone at my office, in the event of my absence, a call any time Thursday
or Friday. If you prefer, my fax number is (404) XXXXXXX. I will be available
to meet with you or anyone from your office at any location in Texas anytime on
Monday, March 30. We can then discuss any inaccuracies or differences about the
facts in the amended and consolidated motion; additionally, we can discuss
differences about the law and any other matter that could resolve our
differences before or without the April 2 hearing. We will change anything that
is wrong before we file the amended and consolidated motion. |
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I hate to end
what is intended as a friendly letter with a stern ending, however, I must say
if you wish to continue stonewalling counsel for the defense about these autopsy
problems, we will litigate that stonewalling as well as the issues. |
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Please accept
this letter as an offer for a friendly and open beginning on my part and a new
beginning to the end of this case on the part of everyone else. |
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Give us a
call to arrange a time and location for a meeting with Bill and me to correct
any misunderstanding about the subject of this issue and we will be off to a
good start. We need to talk before we file the amended and consolidated motion
on Tuesday. |
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Sincerely, |
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s/ Millard Farmer |
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cc: Honorable
Patrick A. Pirtle |
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