Please Looking out: help me'

June 28, 2000
Issue 

Looking out

Please help me'

As promised, from time to time in this space, I am sharing what a day in the life of a man on Georgia's death row is like. I spent the day writing the letter below; it speaks for itself.

Be advised that, on June 5, 2000, Mr Durham called me and told me that the photograph, referred to in my letter, had not been taken. Moreover, he informed me that there would be no continuance granted because there is a time limit imposed by the Georgia Supreme Court. So my letter to the court was too late.

Justice Leah Sears Collins
c/ Clerk Sherie M. Welch
Georgia Supreme Court of Georgia
The Clerk's Office
244 Washington Street, South West
Atlanta, Georgia 30334

June 3, 2000

SUBJECT: BRANDON ASTOR JONES, Appellant,
VERSUS
STATE OF GEORGIA, Appellee,
CAPITAL DIRECT APPEAL
COBB COUNTY
NUMBER 79-1125

Dear Justice Sears Collins:

On June 2, 2000, Attorney Mitch Durham (301 Washington Avenue, Marietta, Georgia 30060 at: 770 422 5435 Fax 770 425 0903) visited me here at the Georgia Diagnostic and Classification Prison.

He informed me of your Court's June 8, 2000, date to hear my case; and that Attorney Clive A. Stafford Smith (636 Baron Street, New Orleans, Louisiana 70113 at 504 558 9867 Fax 504 558 0378) had sent me a rough draft copy, "via overnight express mail", of an Appellant's Original Brief on Appeal.

Unfortunately, I had not seen the Brief. After visitation, the G-Unit Mail Officer, CO-2 Phinazee, gave it to me and required me to sign for it.

The letter that accompanied the Brief was written, and appears to be signed, by "Clive A. Stafford Smith". It is dated "May 30th, 2000"; in part the letter reads, "[The Brief] is currently due on the 8th, so we have a little time. But please write up your thoughts on things by then, so I can have the benefit of your ideas."

While I do not doubt the good intentions of Messrs Durham and Stafford Smith that are embodied in the quote above taken from the latter's letter (for both are overworked, at best), I feel that they have not taken a very realistic view or approach regarding my desire and right to have some input about what goes into the Brief.

Now, there is obviously insufficient time for me to have any input before the Brief will be heard by your Court — alas, this is typical of the way that I have been dealt with throughout my 21-year relationship with attorneys.

I have now read said Brief. However, a very important issue that I want raised is nowhere to be found in it; and a photograph that relates directly to that issue (of a section approximately three by 12 feet of the Cobb County Superior Court Room in question) has not been taken. I feel such a photograph, and others that have already been taken, would be hugely important for your Court's review.

Therefore, I respectfully request that you please consider this certified restricted delivery return receipt letter a kind of quasi-motion, directly from me, in which I am asking for a continuance.

Perhaps you could also consider using the power and influence of the Court to encourage Messrs Durham and Stafford Smith to be more mindful of the need for a more timely communication scheme with me so that they (as well as I) can "benefit" from my "ideas" in fact, instead of just on the paper of a letter — i.e., giving me a telephone call from time to time or actually answering one of my many letters and questions.

I am sure that I cannot guess how busy you must be, Justice Sears Collins. Thank you, so much, for taking the time to read this letter. Please help me.

[The writer is a prisoner on death row in the United States. He welcomes letters commenting on his columns (include your name and full return address on the envelope, or prison authorities may refuse to deliver it). He can be written to at: Brandon Astor Jones, EF-122216, G3-77, Georgia Diagnostic & Classification Prison, PO Box 3877, Jackson, GA 30233, USA, or email <BrandonAstorJones@hotmail.com>. You can visit the author's web site at <http://www.BrandonAstorJones.com>.]

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