TO PD: REQUEST FOR ACKNOWLEDGMENT OF RECEIPT OF CASE FILE AND EVIDENCE

September 18, 2009

DWIGHT P. CALLAHAN
DEPUTY PUBLIC DEFENDER
400 S. Central Ave.
P.O. Box 2457
Florence, AZ 85232-2457

c/o: Dwight P. Callahan  OR ANY EMPLOYEE of THE PUBLIC DEFENDER’S OFFICE, PINAL COUNTY

RE: REQUEST FOR ACKNOWLEDGMENT OF RECEIPT OF CASE FILE AND EVIDENCE PERTAINING TO STATE OF AZ v. DANNY E. HICKS, CR2008-02156, DROPPED OFF BY ATTORNEY JOHN R. GAERTNER, JR. ON OR ABOUT MONDAY, SEPTEMBER 14, 2009

Dear Mr. Callahan:

I write to you on behalf of Danny E. Hicks, inmate #244610. Upon investigating facts pertaining to Case No. CR2008-02156 and inquiring with the Arizona Bar, I received a phone call from Arizona Bar Senior Staff Attorney, Jim Lee, regarding a message conveyed to him by attorney John R. Gaertner, Jr. who was permitted to withdraw as counsel representing Mr. Hicks in the above matter on Monday, September 14th. Mr. Gaertner stated in his message to Mr. Lee that he had dropped off Mr. Hicks’s case file to your office on Monday, September 14th, that includes 4 (four) original documents constituting evidence in Mr. Hicks’s case. Mr. Gaertner’s message was vague in that he did not specify the name of the person in the office who accepted the file.

I have addressed this to you, Mr. Callahan, because you represented my uncle, Mr. Hicks, in this matter earlier this year. However I address this to anyone who can verify that the file has been received and that it contains the following four documents:

• Quit Claim Deed, the names of Dan Hicks and Theresa Wirth printed on it, not signed, not executed
• Power of Attorney, assigning Dan Hicks’s power of attorney to Wirth, unsigned, not executed
• Postcard, from Juanita Morley addressed to Dan Hicks with mention of the documents above
• Postcard, from Jay Morley addressed to Dan Hicks with mention of the documents above

I left a voicemail yesterday on your paralegal’s machine after speaking with your office manager regarding this request for information.

I respectfully ask that someone please call me at 415-341-0097 to notify me that the file and these 4 documents have been received by your office and are in safe keeping.