The opinion of the court was delivered by: Michael J. Garcia, United States Attorney
Chambers of Alvin K. Hellerstein Room 1050 500 Pearl Street, New York, NY 10007 Tel. No. (212) 805-0152
TO: Chief Judge Michael B. Mukasey
FROM: Alvin K. Hellerstein
I would like to "so order" this application by Attorney Jason E. Foy to continue his representation of defendant Hasan Simmons under the Criminal Justice Act. Having in mind some of the things you told me in the past concerning attorneys not on the CJA list, I thought to clear this with you in advance.
As Foy's letter to me states, reflecting what he told me earlier in a regularly scheduled conference, his client, Simmons has run out of money, and Foy is no longer able to represent him. Foy represented Simmons in the state court, and up to now before me. As he states in his letter, the nature of his representation changed when the case was transferred from state court to federal court, particularly when Foy was unable to reach a disposition with the Assistant U. S. Attorney. That makes this case different from other cases when a privately-retained attorney seek to place himself on the CJA payroll.
I told Foy that I would recommend to you that Foy be allowed to continue his representation, assuming that his client qualifies as eligible for CJA representation, but only if Foy applies to be a CJA lawyer in this court. My opinion is that Foy is well qualified and will add to minority representation on the CJA list. He represented to me that he has applied.
May I "so order" his request?
VIA FACSIMILE (212-805-7942)
The Honorable Alvin K. Hellerstein, USDJ Daniel Patrick Moynihan US Courthouse 500 Pearl Street, Room 1050 New York, New York 1007
As per our court conference on June 23, 2006, my client Hasan Simmons cannot meet his financial obligations to my office. When my office was initially retained, Mr. Simmons was facing New Yolk State charges of Criminal Possession of a Weapon in the 3rd Degree. Several months later, the U.S. Attorney's Office filed, Federal charges arising out of the same ...