CONFIDENTIAL


______/______ , 2000 
    Date

___________________________________                 
_____________________________________
            Lawyers Name            Your Name

___________________________________                 
_____________________________________
       Lawyers Address              Your Address

___________________________________                     
_____________________________________
        City                        City


RE: instruction of work to be done


Dear _________________________,
As my court-appointed defense lawyer, I expect a diligent and vigorous 
defense to be presented on my behalf and that you competently pursue an 
acquittal.  I am stating for the record that I am innocent of the charges 
against me. I am aware that a large percentage of child abuse convictions 
occur not because the defendant was guilty, but because the defense attorney 
did not do his job properly and/or because the defense attorney sold his 
client out.  Consequently I require that you comply with the following 
instructions to insure I receive an adequate defense (these instructions are 
not negotiable) If you do not believe I am innocent, I require you to inform 
me of that fact immediately so you can be replaced by the court.  You will 
request the court to replace you based on your inability to adequately defend 

me. If you do not believe you can adequately defend me, I require you to 
inform me of that fact immediately so you can be replaced at your request to 
the court based on your inability to adequately defend me.  If you have a 
personal bias against me for any reason, including but not limited to race, 
heritage, religious beliefs, personality, or any other reason, I require you 
to inform me of that fact.  Otherwise I will expect to be treated with 
respect and courtesy. As my lawyer you are to keep these comments as 
privileged communications between you as my lawyer and my self. Since I have 
not abused/neglected my children, I do not see the need to comply with a case 

plan/treatment, but I know that the DFS will try their best to make this as a 

part of their reasons not return my children.  If one is presented in court, 
I expect you to object to it on the grounds that it is unnecessary and 
irrelevant. If you are overruled - I insist that you file an immediate appeal 

to that ruling.  A case plan/treatment plan is punishment without due 
process. At this time I wish to provide you with the information you will 
need to help prepare my defense as my lawyer.
I will not accept a false plea bargain or falsely admit guilt and that I 
demand a trial by jury.
I expect you to object on the record to all ex parte hearings that excluded 
me. If any are held over your objections, you must appeal right then and 
there. My wife and I will not attend any classes, therapy or psychological 
evaluations that are conducted by providers who are not of our own choosing. 
I will not sign any releases of confidential information, as it is a 
violation of my right to privacy and my right against self-incriminations.  
You must protect those rights. If you are overruled - appeal the ruling right 

then and there. I demand that any treatment/plan that I do approve have a 
clearly defined termination point - either a specific time frame or the 
completion of specific acts and that upon the completion of the plan, it is 
put in writing that my children are returned and CPS intervention must cease. 

Regardless of the fact that this situation is classified as a civil matter, I 

expect you to demand that all my rights be protected as if it were a criminal 

matter. If the substance (meaning the consequences and punishments) of these 
proceedings hold comparable detrimental results as a crime, then the 
protections must also be applied the same. I require you to insist on my 
presumption of innocence. I require you to expose every lie by the agents of 
the state during hearings. I also require you to establish that these people 
are biased against me and my family during hearings. I require you to demand 
that my children be returned home.  If you don't ask for it, we won't get it. 

If it is denied, appeal the ruling. I require you to return each of my phone 
calls 24 hours in which you have refused to do so, but now have my notice of 
this matter. I require you to keep me apprized of the status of my case and 
any new developments as they arise. Do not represent to the prosecutor that I 

will entertain a plea bargain - I will not accept any plea bargain. I require 

you to immediately provide me with a copy of any and all paperwork you send 
out or receive pertaining to my case by first fax and then by via US mail. I 
require you to follow up every interview with me or any prosecution witnesses 

with a letter to me explaining your understanding of the discussion and the 
actions that will be taken. As my attorney, I do not give you the authority 
to sign anything on my behalf, including any documents filed with the court.  

All documents will require my signature along with the purpose and nature of 
said document, you will explain it to me so that I can understand it.  In the 

I might get incarcerated, a facsimile signature from me will be adequate to 
satisfy this requirement, but documents cannot be altered once I have signed 
them.  You will provide me with a copy of the signed document immediately.  
You will give me adequate time to consult with my advocates as to the 
contents of the documents prior to demanding my endorsement.  If you desire, 
you can forward a copy of the document to my advocate John Tomlinson enough 
in advance for him to advise me or you as to changes or anything else. I do 
not give you the authority to speak with the judge, prosecutor, social 
workers, GAL, or anyone else connected with this case outside of my presence 
where I cannot hear and participate in the discussion.  This includes sidebar 

conferences in the courtroom, conferences with prosecutors/county attorneys 
and conferences in the Judge's chambers.  In the event that I cannot be 
physically present I require that I be included via a speakerphone or 
conference call, and that you do not discuss my case with any of the 
principles unless I am able to participate in and listen to every 
communication.  In the event that Judge orders you to participate in a 
discussion outside of my presence, I will view it as unethical behavior and 
act accordingly. I require you to object often and effectively during 
hearings and trials.  I require you to raise appealable issues at every 
opportunity, regardless of whether you think the judge will rule against you 
or not.  In the event I am convicted, if you have raise sufficient appealable 

issues, I will not have to appeal based on in effective assistance of counsel 

or sue you for malpractice or file a professional complaint against you.  
Such issues include the use of hearsay evidence, speculation, manufactured 
diagnoses by unqualified witnesses, violations of due process based on 
constitutional issues, violations of constitutional rights, improper jury 
instructions, introduction of evidence that you have not had the opportunity 
to examine, et.  al.  I require you to diligently attempt to impeach all 
prosecution witnesses.  I require you to diligently examine all prosecution 
evidence and witnesses prior to trial, and use your findings to impeach them. 

I require you to present expert witnesses and other witnesses who can benefit 

my case. I demand the right to face my accuser.  I require you to demand that 

the alleged child victim be available to testify in court and that our 
experts be allowed to examine her prior to trial.  I require you to obtain 
all of her medical records, psychological records, all recordings  made in 
case, social services records in their raw state, etc.  Be aware that they wi
ll not fully disclose all information under discovery and you will have to 
fight for it.  I require that this child's background be admitted into 
evidence as well as the findings of our experts' examinations of her - both 
medical and psychological.  It is not your job to say this can't be done, it 
is your job to find a way to do it. I demand a Taint Hearing to determine if 
the child's testimony has been tainted by improper interview techniques such 
as being asked leading questions, use of anatomically correct dolls, etc. or 
if she has been coached to make a false disclosure against me. This will be 
used to exclude tainted element of her statements form testimony during 
trial.  If you do not understand what a taint hearing is or how to 
effectively use it, I'm sure you can research it.. If a Taint Hearing is 
denies, I require you to appeal that ruling immediately.  If you have any 
questions about this agreement you may ask me and if I cannot get an answer, 
you should contact 

__________________________ one of my advocates at  ________________________. 
or at 

_________________________ . Be advised, I have outsiders monitoring your 
progress and actions.  While I may not be literate in the area of criminal 
law, I have many advocates who are and who are watching out for my rights and 

my best interests. I declare this document to be privileged communications 
between me and you as my attorney and you are specifically prohibited from 
disclosing the fact of this document's existence or it contents to anyone 
else, including any associates, partners or supervisors, and/or any judges. I 

assert that I am not asking you to do anything illegal or unethical in my 
defense. If I am demanding something that you cannot do, you are required to 
explain to me why it can't be done and you must offer an acceptable 
alternative that will achieve the same results.  If at any time you do not 
feel you can fulfill these requirements, you are required to notify me 
immediately in writing. Once again it is my position that I have not 
abused/neglected my children  Further, I need to have these false and 
malicious presumptions rebutted now. I need you to actively establish 
appealable issues during hearings.  I intend to appeal the results of these 
proceedings, and that will require that you bring all the appealable issues 
up in court regardless of how you think that judge will rule on them. I need 
you to use every legal tool at your disposal to help me get my children back 
including all relevant State/Federal statutes and case law, and appeals, 
motions, writs, etc. to effectively defend me.  So much water has passed 
under the bridge that it will be hard to introduce these tactics at this late 

date when they should have been used from the very beginning. It is my 
contention that my children were removed from MY custody for reasons that are 

not supported by statute and that all proceedings since then are also 
illegal. I need you to fight that laws that are a) unconstitutional/or, and 
b) applied unconstitutionally. You also need to fight the fact that DFS has 
found me and my wife to be mentally disabled without having tested me or my 
wife, etc.  Further, in taking my children on that basis, they are violating 
the ADA.  If I am not disabled, then they have lied to court about me as 
means to further keep my children from me. I have been trying to satisfy all 
their requirements and jump through all their hoops, and it's never good 
enough.  You must help me to convince the court that their requirement have 
no termination point, either in a time frame or the completion of 
requirement, that I can count on to secure the return of my children. That 
they keep adding impossible requirements on me unfairly. I love my daughters, 

and I am counting on you to bring them home me.
            Respectfully,

      ________________________________         _______/________ , 
2000
                            Your Name                      Date


I need to have you to reply to this instrument as reaches you and your office 

today.