Opinion
No. 4:05-CR-056-A.
May 4, 2005
ORDER
For the information of the parties, the court is attaching to this order as Exhibits A and B items the court received through the mail in Chambers on the date of the signing of this order from defendants CUONG HUY PHAM ("Cuong") and THUAN MINH PHAM ("Thuan"), respectively. Because the matters mentioned in the letters are matters of concern,
The court ORDERS that the attorneys for Cuong and Thuan have face-to-face conferences with their respective clients by 2:00 p.m. on May 9, 2005, for the purpose of discussing the contents of the letters; that, at the time of each such visit, the attorney read to his client the contents of this order; and, that each attorney advise his client that the client should not communicate directly with the court at any time in the future and that all communications with the court from this point forward should be through the attorney by a document properly prepared and filed with the clerk and served on the other parties.
The court further ORDERS that by 2:00 p.m. on May 10, 2005, each attorney file on behalf of his client any motion deemed appropriate as a result of the meeting between the attorney and the client.
EXHIBIT A U.S. DIST. COURT NORTH DIST. OF TEXAS FORT WORTH DIVISION
UNITED STATES OF AMERICA | vs. | No. 4:05-CR-056-A CUONG HUY PHAM, ET AL. |
To The Honorable Judge, John McBryde:
Your Honor, Please be advised that I am being abused by the U.S. Attorneys Office and the United States Bureau of Prisons. The facts are as follows.
Because I refuse to cooperate with the U.S. Attorneys office here in Fort Worth and because I also refuse to pled guilty to a crime I am guilty of Not Committing. The U.S. Attorneys Office and the B.O.P. Conspired to punish me, Until I would agree to give up my rights and plead guilty to a crime I am innocent of.
I have been placed in a Segregation Unit, where I am locked down 23 hours per day, for 5 days per week and 24 hours per day on weekends. I'm only allowed a couple of showers per week. In contrast others in my case who have admitted they broke the law and who are falsely accusing me are allowed to remain in general population status. I am further being punnished by only being allowed (1) one phone call per week, and only being allowed a very limited access to the commissary. Those who have chosen to plead guilty to the charges against them in this case and who have agreed to falsely accuse myself are allowed daily outside recreation, are allowed to make phone calls every hour 7 days per week, and are allowed to shower daily. They may have full access to commissary privileges. Also it should be noted that I'm not allowed full access to legal self help as the so called law library in the special housing unit (ie). The hole is a joke those in my case who cooperate with the U.S. Attorneys office are allowed out of their cells all day. I'm locked down all day. I've been told by Mr. Sweeney who runs the jail unit here at F.M.C. Fort worth that I'd probally be allowed into the jail general population if I would plead guilty and cooperate with the U.S. Attorneys. What is being done to me violates the constitution of the United States. The U.S. Attorney will deny all of this and simply say he is locking me down to protect his wittnesses but as a matter of fact he is ordering me punnished because I choose to exercise my right to innocent until proven guilty at no time your honor have I threathened or interfered with any person who is cooperating with the U.S. Attorneys Office nor do I have any intentions of doing I will abide by the law and have my day in court as I've stated this punnishment by the U.S. Attorneys Office is because I refuse to plead guilty to a crime innocent of.
In conclusion I ask — this Honorable Judge to order that I be removed from the segregation unit here at F.M.C. Fort Worth, that I be returned to the general jail population and all privileges afforded to others in my case be restored to me and that the U.S. Attorneys Office be advised to cease conspiring with Mr. Sweeney of the B.O.P. to make me plead guilty to a crime I'm innocent of by punnishing me.
EXHIBIT B U.S. DIST. COURT N. DIST. OF TEXAS FORT WORTH DIVISION
UNITED STATES OF AMERICA | vs. | No. 4:05-CR-056-A THUAN MINH PHAM, ET AL. |
To the Honorable Judge, John McBryde
Your Honor, please be advised that I'm not receiving effective assistence of counsel I been here at the jail unit in F.M.C. Fort Worth Approx (2) months and have only recieved (1) visit from my Attorney, and numerous calls but never get any answer back. I cannot understand this your honor, how can my Attorney be planning a meaning ful defense when he won't even come to see me and discuss my situation. Also your honor I've made it very clear that I want a speedy trial and it now going on 60 days and my Attorney Mr. Douglas C. Greene has not even discussed this issue. I'd like to make it clear your honor. I don't want nor will I allow my Attorney to seek any postponement of my right to a speedy trial unless specifically given permission by myself. I hereby declare that at this time I wish to exercise my right to a speedy trial.
This honor Judge advise my attorney to spend more and meaningful time preparing a defense for myself so as to affect a real and effective assistance of counsel and a speedy trial by a jury of my peers, I respectfully ask the honorable court to grant this and any other relief. This honor Judge John McBryde deems fair and appropriate.