(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.