New Pollard Legal Motion In DC District Court
US District Court Judge (ret.) Files in Support of Pollard Motion
Justice4JP Release - October 8, 2001
Jonathan Pollard's Attorneys File Motion for Reconsideration of August 7, 2001
Opinion and Judgment, or In the Alternative, for Issuance of a Certificate Of Appealability
Washington, October 5, 2001 - Jonathan Pollard's attorneys, Eliot Lauer and Jacques Semmelman of Curtis, Mallet-Prevost, Colt & Mosle LLP, have filed a Motion for Reconsideration of the Court's August 7, 2001 Memorandum Opinion and Judgment, or in the Alternative, for Issuance of a Certificate of Appealability Pursuant To 28 U.S.C. § 2253(c).
The August 7, 2001 ruling had dismissed Mr. Pollard's Motion for Resentencing on procedural grounds, without reaching the merits of his constitutional claim that his life sentence was the result of severe government misconduct that went unchecked by an ineffective defense counsel. In the August 7 ruling, United States District Judge Norma Holloway Johnson had ruled that the claim was barred by the statute of limitations, based upon a 1996 statute that created a one-year window for prisoners to bring constitutional challenges to their incarceration. As part of the August 7 ruling, the court had also ruled that Mr. Pollard had not shown "cause" for his failure to assert this claim in a habeas corpus proceeding instituted in 1990 with different counsel.
The Motion for Reconsideration pinpoints five key issues of fact summarily decided by the Court without any evidentiary hearing. The Motion urges the court to reconsider those determinations, all of which necessitate a hearing for proper findings of fact, and some of which are unsupported by any evidence whatsoever.
In support of the Motion, Hon. George N. Leighton, a former United States District Judge, has submitted a sworn 37-page declaration that painstakingly analyzes the August 7, 2001 ruling and identifies numerous flaws. He urges Judge Johnson to reconsider her ruling.
In the alternative, the Motion asks the court to issue a Certificate of Appealability so that the August 7 ruling can be brought to the Court of Appeals for review.
The October 5, 2001 filing consists of 3 documents available on the Justice4JP web site: