Legal Help, Please

(This post is written for those with some familiarity with the law. It therefore contains unexplained legalese.)

Back a decade, I was coerced into pleading guilty to a crime that everyone involved (except me, I was lied to) knew had not happened. The plea itself lacked an adequate factual basis. Being a federal prisoner, I filed a 2255 motion, which was denied in a proceeding that so lacked due process that the resulting judgment is void.

I could file a Rule 60(b)(4) motion on my own to reopen my 2255 proceedings. I have not done so because I am persuaded that the Connecticut District Court and the Second Circuit will again ignore the merits of my filings.

My current lawyer, a federal public defender, agrees with my evaluation of my conviction and 2255 proceedings. However, the law forbids her to file the Rule 60 motion on my behalf; she is not appointed in that case. I therefore need to find another lawyer.

During my discussions with my lawyer, I realized that I have another route to relief. 2255(e) forbids the use of habeas corpus if I haven’t filed a 2255 or have had my 2255 denied. So, it would seem that I could file a 2241 petition and allege that, though I filed a 2255 motion, the denial of that motion is void. I haven’t done so because I fear that New Jersey will be as hostile to my filings as Connecticut has been, though I will do so as a last resort.

I am looking for a lawyer who can file a Rule 60 motion in Connecticut or a 2241 petition in New Jersey. I do not have money for this. I believe that a good argument can be made for a CJA appointment, so that is a possible source of payment. Otherwise the representation would have to be pro bono.

I would give my lawyer’s contact info, but she is going on maternity leave. I have complete information on the issues, and can be contacted at:

Theodore William Wells
Alexandria Detention Center
2001 Mill Road
Alexandria, VA 22314

Please forward this post to anyone who might help and any forum where it would be appropriate, but do not do so after the end of February of 2014.

Thank you for any help you can provide.

Over the Rainbow

Many libertarians have wished there was a place to build a free society. Nowhere on land is this possible. Space colonies are no more than a distant dream. An ocean based society might work, but it is as yet impracticable for such a society to be truly free from control by existing governments.

Inspired by Google’s testing of network access by high altitude balloons, I asked myself why a free city couldn’t be floated high above most of the world’s dangers. I did some basic calculations and persuaded myself that it isn’t impossible. That, however, is a far cry from showing that it can be done. I should do a conceptual design, a sketch of a possible floating city that describes all of its important parts. If that goes well, it would show that it is worth putting real effort into libertaria in the sky.

This is a large undertaking, one best done by more than one mind. So I’m throwing the idea so that others may contribute if they will. I’ll post more shortly. Constructive comments — positive or negative — are welcome.

More Legal Hassles

When I was released from prison back in February of 2012, I was supposed to report to “supervised release”, a sort of probation a federal prisoner is usually stuck with after his prison term. I decided to Hell with that — I had good reason to think that I would be sent back to prison no matter how well I followed their rules — and became a fugitive.

Then, in November of 2012, I had a bicycle accident and fractured my skull. I was identified at the hospital (Big Brother watches hospital emergency rooms) and sent back to prison. My legal situation is fluid, but I could be released in just a few months, though it could be as long as a year and a half.

In the mean time, I have friends who will type things in and manage my blog. They will also send comments to me. I’m pretty sure that lavabit.com is no more, so my old email address no longer works. In any case, no one is monitoring it. More current contact information should be in the Why This Blog? page. I welcome mail from anyone.