Free Response to Motion - District Court of Arizona - Arizona

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\ Case 2:04-cr—OO358—DGC Document 144-2 Filed O1/18/2008 Page1 0f3

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I ·. ( \· _ I ly L- I _
l Law Firm 0f ]0h11 W. Rood,-III .
. Attorney at Law
817 North Second Street Fax (602)258—1779
Phoenix, Arizona 85004 [email protected]
`1 I ` (602) 258-1778 '
_ January 14, 2008 ‘ l
Sharon K. Sexton, Esq. U
Assistant United States Attorney _ · ·
U.S. Department of Justice
Two Renaissance Square A
40 North Central Avenue, Suite 1200 »
’ Phoenix, AZ 85004-4408 . ’
Re: United States v. Lawrence Jackson
» CRj04—0358-PHX—DGC*
Dear Sharon: ‘ _ _
As to the claims that I provided ineffective assistance
of counsel, I will try to list my responses to each and in brief. ‘
» 4 There were no alibi witnesses to present on behalf of
Mr. Jackson, and I was given no names of alibi witnesses. As far —
as‘I can remember, he gave me no names to follow up. I had Art_
I Hanratty, as my investigator in the case, and Mr. Hanratty was
not asked to find any witnesses, to the best of my recollection.
As to Clifford Smith, he was under indictment at the time of Mr.
‘Jackson’s case, and I talked with his lawyer, whom, as I
` remember, was Michael Smith, and there was no way that Clifford
Smith was going to testify on Mr. Jackson’s behalf.
_ _ The story that Mr. Jackson told on the witness stand is
the story he indicated he wanted to tell and unlike his
allegations, he never indicated to counsel that he was not an
‘ Indian. There was no way, and there still is no way for me to
know whether or not Lawrence Jackson was an Indian, and in fact, _ .
I believe we had some discussions about his tribe, and the fact
‘ that I wondered whether he was able to get any payments from the
tribe because of the Gila River Casino. He indicated to me that
he did not. -As to Daniel Juan, this is the first time I have
ever heard his last name and I have never heard of the name Tracy
Jackson. hvrni q _·: - `”` §° , _
As to your response, in fact,-it was my client who
V -raised the issue the assault on Antonio. U
\ Case 2:04-cr—OO358—DGC D0cument144-2 Filed O1/i8/2008 -Page20f3 ·

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Sharon K. Sexton, Esq. i
January I4, 2008 _ _ ;
Page Two ‘ ·
A I ° Finally, this is the first time I have heard anything ·
i about testing the gun for DNA.
I It has been over three years since the trial of the
case, and I cannot be sure from my memory as to each and
_ everything raised by Mr. Jackson. I have tried to remember some »
of the details to the best of my ability. As you know, I did not
do the appeal, so I have not had any real opportunity to review
the transcripts of the case. ` . ‘
- - I hope this helps you.· If you have any further
questions, please give me a call. _ p
l I Very truly
. ` . III ;?/ '
JWR:aj ‘ V l , -. _
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