To: jpthere4dhicks@nym.hush.com
Cc:
Subject: Re: Follow-up regarding phone conversation with Jim Lee
Date: Sat, 19 Sep 2009 07:45:46 -0700
Attachments:
Dear Mr. Petrik,
I received a call from Mary Wisdom at the Public Defender's office
acknowledging their receipt and possession of Mr. Hicks file including all
of the original documents to which you refer. I also received CONFIRMATION
that Mr. Hicks received a copy of his entire file. I no longer represent Mr.
Hicks nor do I possess the documents that you repeatedly threaten me to
preserve. Direct all of your future correspondence to the Public Defender's
office. As for the Bar. Mr. Lee informed me that he was satisfied with my
offices actions in withdrawing from the case and my actions in providing two
and not just one copy of Mr. Hicks file. I will no longer be responding to
your repeated contacts of my office.
Best Regards,
John R. Gaertner
On Fri, Sep 18, 2009 at 4:08 PM,
>>>
----- Forwarded message from dehcks@nym.hush.com -----
> September 18, 2009
>
> By Fax, Email and Certified Mail
>>
Re: INFORMATION REQUEST REGARDING CASE FILE AND EVIDENCE PERTAINING
> TO THE STATE OF ARIZONA v. DANNY E. HICKS – CASE NO: CR2008-02156
>
> Dear Mr. Gaertner:
>>
I write to you on behalf of Danny E. Hicks, inmate #244610, and to
> follow up on information I received from Senior Staff Attorney Jim
> Lee of the Arizona Bar during a phone conversation this week.
>>
Mr. Lee called to inform me that you responded to his request for
> your cooperation in returning Mr. Hicks’s case file, with special
> reference to four (4) documents that constitute as evidence related
> to case CR2008-02156 in which you served as counsel representing
> Mr. Hicks and safe keeper of these files. Mr Lee informed me that
> according to your message, you dropped off at the public defender’s
> office in Pinal County a copy of Mr. Hicks’s file AND the original
> four evidence documents on Monday September 14th , subsequent to
> Mr. Lee’s request of you to do so earlier that morning. Mr. Lee
> said you did not leave the name of the person to whom you delivered
> Mr. Hicks’s file.
>>
As of Friday September, 18th, I have not been able to confirm your
> claim with the Pinal County Public Defender’s office that anything
> has been delivered to them and is in their safe keeping.
>>
I respectfully request that you contact the Public Defender’s
> office immediately to locate and account for Mr. Hicks’s file and
> evidence. I urge that you prepare a legal chain of custody for
> yourself and the public defender’s office. If you gain further
> information regarding the whereabouts of this file, feel free to
> call either myself or Attorney Jim Lee. I will be in touch with
> the Public Defender’s Office as well as Mr. Lee until everything
> has been located.
>>
>>In order to keep your memory refreshed, a description of the four
> documents is as follows:
>>
• QUIT CLAIM DEED, delivered to Mr. Hicks on 6/17/2009 during a
> visit at Globe Jail with Juanita Morley, mother of Theresa Wirth,
> that includes a message stating that if he signed the papers that
> would give Theresa Wirth ownership of his interest in the real
> property known as 5701 E. El Camino Quinto, Apache Junction, AZ
> 85219, Theresa would agree not to testify against him at his
> sentencing.
>>
• POWER OF ATTORNEY DOCUMENT, assigning Theresa Wirth Power of
> Attorney of Mr. Hicks, which was also delivered by Jaunita Morley
> on 6/17/2009
>>
• POSTCARD TO MR. HICKS FROM JAUNITA MORLEY, urging Mr. Hicks to
> sign the Power of Attorney and Quit Claim Deed papers before his
> sentencing hearing on 7/17/2009
>>
• POSTCARD TO MR. HICKS FROM JAY MORLEY, threatening Mr. Hicks and
> ordering him to sign the Power of Attorney and Quit Claim Deed
> papers before his sentencing hearing
>>>
> Sincerely,
>>>>
John Petrik
> (415) 341-0097
>>
--
The Law Office of John R. Gaertner
6920 E. Shea Blvd. Ste. #203
Scottsdale, AZ 85254
Main Number 480-991-6646
Fax Number 480-991-6645
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