Affidavit in Support of Petitioner's Motion for Production of Trial Transcripts

Public Court Documents
June 21, 1982 - June 21, 1982

Cite this item

Affidavit in Support of Petitioner's Motion for Production of Trial Transcripts preview

Document text

The following text has been generated automatically during the document scanning process. It may contain errors, omissions, or incorrect formatting. Please refer to the PDF document if this text is not usable.

Download

By downloading, publishing, or reusing the Materials outside of the Website, you hereby confirm and attest that you have read and agree to the LDF Archival Collection Terms of Use linked below. We draw your attention to the following:

For those Materials owned by LDF, your use of the Material outside the Site is solely for one or more of the following (the “Permitted Purposes”):

Non-commercial research and private study;
Teaching, scholarship and instruction (including distance learning);
Non-commercial print and non-commercial online use;
Criticism, comment or news reporting; or
For people with visual disabilities (See Section 121 of the Copyright Act).
For those Materials not owned by LDF you understand that:
- It is your responsibility to determine whether the way you plan to use the materials falls within the copyright exception of Fair Use.
- For any use outside of Fair Use, it is your responsibility to seek and obtain all required permissions from any existing rights holders.

LDF hereby grants you the right to use LDF owned Materials for the Permitted Purposes without seeking further permission from LDF.

If you publish or redistribute any Materials (including excerpts and quotes), you must include a credit line and/or proper citation to the source of the Material. However, you may not use the name of LDF in any manner which creates any false association between you and LDF or that incorrectly implies any sponsorship or endorsement of you by LDF.

NOTICE: Uses that do not comply with these Terms or that do not fall under Fair Use (or another exception) may make you liable for copyright infringement.

Read the full LDF Archival Collection Terms of Use Here.

I agree to the terms and conditions for use of this content.

If you would like to use this content in other ways, contact us at

LDF Attorney
- Lani Guinier
Organization
- NAACP Legal and Educational Defense Fund, Inc.
Matter
- Bozeman v. Lambert
Case
- Bozeman v. Lambert
U.S. state
- Alabama
Collection
- Case Files
Taxonomy
Identifier
- f4da913a-ed92-ee11-be37-6045bdeb8873

Cite this item

Case Files, Bozeman v. Lambert and Wilder v. Lambert Court Documents. Affidavit in Support of Petitioner's Motion for Production of Trial Transcripts, 1982. f4da913a-ed92-ee11-be37-6045bdeb8873. LDF Archives, Thurgood Marshall Institute. https://ldfrecollection.org/archives/archives-search/archives-item/5046e27e-de78-4fe6-bf59-f94e3eb45704/affidavit-in-support-of-petitioners-motion-for-production-of-trial-transcripts. Accessed April 06, 2025.

Copied!

    MONTGOMERY DIVISION

x

JULrA P. tlrLDER, - i

Petitlonerr:

-agains t-

EALoN M. LAMBERT, JACK C. LUFKTN
and JOHN T PORTER, IN TEEIR
OTTICIAL CAPACITIES AS MEMBERS
OF T}IE ALABAMA BOARD OF PARDONS t
AND PAROLES, ANd TED BUTLER, A
PRoBATToN AND PARoLE OFFTCER,
EMPLOYED BY TIIE ALABAMA BOARD
OF PARDONS AND PAROLES,

IN TIIE UNITED STATES DISTRICT COURT

FOR TIIE MIDDLE DISTRICT OF ALABAMA

ClvLl No.

Respondents.

AFFIDAVIT IN SUPPORT OF PETITTONER'S MOTION
FOR PRODUCTION OF TRIAL TRANSCRIPTS

C. Lani Guinier, being duly sworn, states:

1. I am an attorney with the NAACP Legal Defense and Educa-

tional Fund, Inc., and am one of the attorneys representing

petitioner in the above-captioned matter.

2. The District Attorney of Pickens County, Mr. P. M.

Johnston, has refused to furnish copies of the notes of out-of-

court interrogations he conducted to build his case against

petitioner. In a letter, dated June 21, L982 addressed to Mr.

Solomon S. Seay, Jr., one of petitioner's attorneys at tria1,

attached hereto as Exhibit A, Mr. Johnston made clear that no



requests for the notes would be honored even though he was aware

that the out-of-court statements would be of use to maintainlng

a collateral attack on petitioner's convlctj_on.

3. The refusal to provide these materials is unexcusable

and unreasonable, and has prevented petitioner's attorneys from

making a complete review of petitioner,s tria1, and thus has

potentially caused the petj-tion for a wrlt of habeas corpus filed
in the above-captioned matter to be incomprete by fairing to
rai,se all possible meritorious objections to petitj-oner's con-

'f inement.

1. Pursuant to RuIe

Cases in the United States

be ordered tb furnish all
motion.

Subscribed to an sworn

5 of the Rules Governing Section 225/*

District Courts, respondents should

materials requested in the attached

e., (LLt
Guinler

-,4-me thi s .1.6 6^y of May

before

1983

I,'II]I{ R. PASST

ilurl;r/ Plblic, ll:te of i'ie;v t;:t
. lia. ;1-1i:!ij33

,,,,,,]j;ll; io-;l,l';,:;:,'lij:'-I, r./

2



P. M. JOHNSTON
orsrntcr ATTonNEY
P. O. 80X..2
ALICEVILLE AtlSAllA 35/r,42

TELEPHONE
oFFtcE205873a3!rO t43!lo

(

STATE OF ALABAMA
OFFICE OF THE OISTRICT ATTORNEY

TWENW.FOURTH JUOICIAL CIRCUIT

OFALABAMA
FAYETTE. LAMAR, PICKENS COUNTIES

June 2L, 1982

RELETutD IUR 2 3'I$Bz

Mr. Solomon S. Seay, Jr
GRAY, SEAY & LAIiIGFORD
Attorneys at Law
352 Dexter Avenue
Montgomery, Alabama 35104

Re: State of Alabama vs. Julia Wilder
State 9f Alabama vs. Maggie Bozeman

Dear Mr. Seay:

After reflecting on the present status of Bozeman and
Wilder, I have decided not to turnish the requested depositions.
I believe'that any use of these depositions to initiate a Ccram
:Nrbis proceeding would at this point only serve to extend the
ti-me of confinement

I realize that you have your clj.ents' interests and other
pressure to consid,er, and for that reason you may not be able
to withhold further action. However, for whatever it is worth
to you, my reasoning goes this way: At this point f have no
compelling reason to oppose the first parole date which will
ordinarily come up. I would also ask that Wilder be released
at the same time as Bozeman even though her parole date would
ordinarily be later.

On the other hand, if there is further pressure applied
to the Court, the Board of Pardons & Paroles, or to the Governor,
which seeks to have these cases handled in anything but a
routine manner, then f could be forced to oppose parole at every
steP. As far as I know, there has been no reguest made to the
Board of Pardons & Paroles to deny parole; and there has been no
publicity given to any recent reguests for early release. However,
I can visualize the situation changing drasticly with a few press



P. M.JOHNSTON
OISTBICT ATTORNEI
P. O.80X4.2
AUCEV|ILE ALASATaA 35..1t

TELEPHONE
oFFtcE2o5BE{Xn Lll$

I

STATE OF ALABAMA
OFFICE OF THE DISTRICT ATTORNEY

TWENTY.FOURTH JUDICIAL CIRCUIT

OFALABAMA
FAYETTE. LAMAR, PICKENS COUNTIES

Page Two:
June 2L, L982

conferences and headlines.

From my point of view, it would, be foolish for me to
f-urnish you with the ammunition to shoot at me in a Coram Nobis
proceeding; ahd it would be counter-productive for you to use it-
Bozeman and Wilder would both be out long before we got through
arguing the issues.

Yours very truly,

Q//,?H,-
P. M. Johnston
.oistri6t Attorney

PMJ /fe

cc: Mr..J. L. Chestnut, Jr.
CHESTNUT, SAIiIDERS & SAI{DERS
1406 Jeff Davis Avenue
P. O. Box 1305
Selma, Alabama 36701

Copyright notice

This collection and the tools to navigate it (the “Collection”) are available to the public for general educational and research purposes, as well as to preserve and contextualize the history of the content and materials it contains (the “Materials”). Like other archival collections, such as those found in libraries, LDF owns the physical source Materials that have been digitized for the Collection; however, LDF does not own the underlying copyright or other rights in all items and there are limits on how you can use the Materials. By accessing and using the Material, you acknowledge your agreement to the Terms. If you do not agree, please do not use the Materials.

Additional info

To the extent that LDF includes information about the Materials’ origins or ownership or provides summaries or transcripts of original source Materials, LDF does not warrant or guarantee the accuracy of such information, transcripts or summaries, and shall not be responsible for any inaccuracies.

Affidavit in Support of Petitioner's Motion for Production of Trial Transcripts

LDF Attorney

Organization

Matter

Case

U.S. state

Collection

Taxonomy

Identifier

Cite this item

Copyright notice

Additional info

You may also be interested in