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United States v. Simmons

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK


June 27, 2006

UNITED STATES
v.
HASAN SIMMONS

The opinion of the court was delivered by: Michael J. Garcia, United States Attorney

MEMORANDUM

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?

FOY & FOY, L.L.C.

JUNE 26, 2006

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

Re: US v. Hasan Simmons

Indicment: 05-CR-1288

Dear Judge Hellerstein:

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 factual circumstances. The charges have resulted in the pending indictment before the Court.

The change from State to Federal court has resulted in a significant increase in legal fees. Since January 2006, I have given Mr. Simmons and his family an opportunity to satisfy their financial obligations to my office. However, they have been unable to do so. I respectfully request that the Court assign me to represent Mr. Simmons at the allowable rates of the C.J.A. Panel. I am in the process of submitting an application to the C.J.A. Panel this week.

In summary, I have been practicing criminal law in the State of New York since 1996, I served five years with the Bronx District Attorney's Office, and I have been operating my own practice for the remaining five years. The primary focus of my practice is in criminal defense in both New York and New Jersey. If you need any further information regarding my qualifications to represent Mr. Simmons, please advise my office and I will provide you with additional information.

Sincerely,

FOY & FOY, L.L.C.

By: JON E. FOY

JASON E. FOY 324 DoMott Avenue Teaneck, New Jersey 07666 201-836-2726 jfoylaw@aol.com

EXPERIENCE

Foy & Foy, L.L.C. Hackensack NJ and New York, NY Founding partner of firm. October 2001 to present

Primary practice area is criminal defense at the State and Federal level.

Bronx County District Attorney Bronx, NY Assistant District Attorney June 1996 to October 2001

Felony Trial Division Conduct both jury and bench trials of violent felony offenses. Plan trial strategies. Develop and deliver opening statements, direct and cross examinations of lay and expert witnesses, and summations. Responsible for all aspects of pre-trial preparation including suppression hearings, plea negotiations, discovery motion practice, legal research, and drafting memoranda of law. Maintain a caseload of over thirty active criminal felony cases. Review and analyze criminal investigations. Interview prospective witnesses and prepare witness testimony.

Grand Jury Evaluations Prepared grand jury presentations as legal advisor to the Grand Jury. Drafted indictments and felony complaints. Evaluated case strength, conducted plea negotiations and prepared witnesses for testimony before the Grand Jury. Selected to present homicide cases to the Grand Jury. Conducted videotaped and stenographic interviews.

Criminal Court Bureau Managed all aspects of a caseload of approximately one hundred misdemeanor cases. Conducted both bench and jury trials. Responsibilities included drafting complaints, interviewing witnesses and negotiating pleas. Arraigned defendants on misdemeanor and felony charges.

EDUCATION

University of Maryland Law School Baltimore, Maryland Juris Doctorate January 1996

State Bar Admissions: New York, 9/1996, New Jersey, 3/1997 Federal Bar Admissions; US District Court, Southern Dist. of NY, 9/2001 US District Court, Eastern Dist. of NY, 9/2001 US District Court, Dist. of New Jersey, 10/2001

Syracuse University Syracuse, New York, Bachelor of Arts, Political Science May 1991

PROFESSIONAL AFFILIATIONS

* National Association of Criminal Defense Attorneys.

* New York Criminal Bar Association.

* New York State Assigned Counsel Plan (18B Felony Pavel Department).

* Bronx County Bar Association.

* Bergen County Bar Association.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

05 Cr.

UNITED STATES OF AMERICA v. HASAN SIMMONS, a/k/a "Kevin Simmons," a/k/a "Hassan Simmons," a/k/a "Kairi Simmons," Defendant.

COUNT ONE

The Grand Jury charges: 1. On or about November 12, 2005, in the Southern District

of New York, HASAN SIMMONS, a/k/a "Kevin Simmons," a/k/a "Hassan Simmons," a/k/a "Kairi Simmons," the defendant, after having been convicted in a court of a crime punishable by imprisonment for a term exceeding one year, to wit, a conviction on or about May 8, 1998 in New York State Supreme Court, New York County, for manslaughter in the first degree, a Class 8 felony, and after having three previous convictions in a court for a violent felony or serious drug offense committed on occasions different from one another and each punishable by imprisonment for a term exceeding one year, to wit, (i) a conviction on or about May 8, 1998 in New York Supreme Court, New York County, for manslaughter in the first degree, a Class n felony; (ii) a conviction on or about May 8, 1998 in New York Supreme Court, New York County, for assault in the second degree with intent to cause physical injury with a weapon, a Class D felony; and (iii) a conviction on or about June 9, 1993 in New York Supreme Court, New York County, for attempted criminal possession of a controlled substance in the third degree, a Class C felony, unlawfully, willfully, and knowingly did possess in and affecting commerce, a firearm, to wit, a loaded 9 millimeter Smith & Wesson semiautomatic pistol and a loaded .40 caliber Walther semiautomatic pistol, both of which had previously been shipped and transported in interstate and foreign commerce. (Title 18, United States Code, Sections 922(g)(1) and 924(e).)

MICHAEL J. GARCIA

United States Attorney Form No. USA-33s-274 (Ed. 9-25-58)

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK

UNITED STATES OF AMERICA - v - HASAN SIMMONS, a/k/a "Kevin Simmons," a/k/a "Hassan Simmons," a/k/a "Kairi Simmons," Defendant.

INDICTMENT

05 Cr.

(18 U.S.C. § 922(g)(1) and 924(e))

20060627

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