Letter from Lani Guinier to Solomon Seay Esq. RE: Questions About Testimony in State of Alabama v. Maggie Bozeman and Julia Wilder

    Lesa,@,":ffi.
February 26,

So l ornon S. Seay, Ir; s(l .

:352 l)ex [;e:r Avr:rrrrc
Mont-gomery, A,l,;rbrrrn.r 36LO1.

Dear lvlr. Seay;

I arrt wri.t.irr<1 in rr:fercnce t.o t.he c.ses of SLat-e of
Al.rb.ttna v. M;-rr;<y i.r: lloz,crrrrrrr ,lr)(l .Jrr.l. i;r W j .1.<lcr'. t have been
reviewing tt)e t Fan-scr'1pt.s of ttrc tn atr^ri t-n t.lre assistance
of a }aw sLudenl- frorn New York University Law Sctrool, MS.
Cheryl Flowarcl. As l-he Alabarna Court. of Criminal- Appeals
not-ed about blris case, l-he t-est.imony of the wi.tnesses is
quite confused, and often contnadict"ory depending on who
was examining thern.

I have bried unsuccessfully to call you several times
to discuss quest,ions w}-rich have arisen as we examine the
transcript. I have also spoken to Mr. J.L. Chestnut whose
recollection of the trials is somewhat faded. He was ex-
tremely cooperative, however, and has agreed to review his
files as soon as possible.

1. What prel iminary rnotions di.d you f -iIe? Did
you f ile a mot-ion to sever the cases? Did
the judge state a reason that. the cases should
be triecl separat-el y? Did you f ile a motion
for a chanc;e of venue ;rnci 1f not., wiry not?
l)id you file a rnol.ion t-o cluash t-he indjctment-
on the r;rounds that; blacks were systematically
excludeci f rorn t-he jury venire?

When you clLrestjoned the jury on voir dire did
you ask .iny questions at>out pne-tnia1 publicity?
If nol-, why not? Dicl you note for the record
t.he ra(:e of the jurors argainst whom the
prosecul-or use<l his peremptory challenges? Do
you have ilny not-es f rom t-hc voj.r cli.re?

(.ttttttiltttliorr.s ttrc tlt'rltrt lilie lttr Il.S. ittt'ttrrrr la.\ l)tttl,o\t's

The NAACP LTGAL DtftNSE & tDt,CATl0NAL ttJN0 is not part of lhc Nalional Associalion Ior the Advancemcnt of Colored People although it
was lounded by it and shares its conrmitrncnt lo equal rights. LDt has had lor over 20 years a separate Board, program, stalf, oflice and budget.

EDUCATIONAL FUND, INC.
N.Y. 10019 . (212) 586-8397

I 982

NAACP LEGAL DTFENSE AND
10 Columbus Crrcle, New York,

f n the me.tnt;inre,
call me or wite nre in

iL woulcl be very helpful if you could
response to t-he following questions:

2.



Sol.ornon S. Seay, Iil s11 .

I)ac;e 2
February 26, '1982

Please excuse the volume
burdensome or inconvenient to
telephone, Cheryl and I would
offices and meet with you as
me hear from you.

3. Did you become aware at any time of any
conflict bebween the defense of JuIia
Wilder and that of Maggie Bozeman? Were
yorlr clients ever asked by the judge
about having the sarle attorney represent
them?

Why was JuIia Wilder tried first? Who
or what was responsible for the six month
delay in the trial of Maggie Bozeman?

Did you know that l-he prosecutor was
deposing witnesses prior to brial? Were
you ever notified of such depositions?
Did you request copi-es prior to trial?

Can you provide us with a tnanscript of
l-he defendants' arrangement copies of
the briefs filed by the State of Alabama
on appeal, copies of the depositions of
the witnesses taken before trial in the
prosecutor's office, and copies of the
trial exhibits?

/r.

6.

of questions. If it is too
respond in writing or by
be happy to come to your

soon as possible. Please let

We are very encouraged from our limited review that there
are several possible constitutional claims to be raj-sed in a
habeas corpus or post-conviction proceeding. We look forward
to working with you on this matter.

Yours sincerely,

Lani Guinier

LG/ Jb


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