Sunday, January 23, 2011

12/8/2010 - Email to Wendy Petersen, PCAO - Request for CD

12/8/2010

Dear Wendy,

Andrea Kipp #341 of the PCSO Records Division, has directed me to contact you in relation
to record requests pertaining to case CR2008-02156, St. v. Danny Hicks. Several attempts
to communicate with Shane Beck - the legal secretary assigned by Kathryn Pierce to handle
this request - have gone unanswered. Danny's petition for post-conviction relief is due
this Friday, December 10th, 2010, and since this request relates to Danny's petition, I
respectfully ask for your prompt response.


I am Danny Hicks's attorney-in-fact. Danny's court-appointed advisory counsel is copied on
this email.

I have attached a picture that serves as an example of what I need. The image is a
photocopy of the label of a CD that accompanied the state's supplemental disclosure filed
on 2/19/2009. Also pictured is a screen shot showing the folder found on the CD along with
the audio file contained in that folder. The following property field values are visible in the
screen shot: date_created, date_modified and date_accessed.

I need a similar picture(s), providing the same data, but as it pertains to the state's
supplemental disclosure filed on 4/21/2009. This disclosure happens to be of the exact
same audio file, but the dates noted would be different. I require these dates. The CD label
is required to identify the CD creator, presumably the same as the 2/19/2009 CD creator,
Rex Gygax.

If you are rushed for time, Wendy, a picture isn't absolutely necessary. If you could email
me the following pieces of info, this will be fine at this time. The request would then
amount to merely replacing the dates below with what is found on the 4/21/2009 disclosure
CD, and verifying that the CD label shows R. Gygax to be the creator.

Folder = "Copy of Voice Mail Message"
date_accessed= 2/17/2009 09:11
date_modified= 2/17/2009 09:11
date_created = 2/17/2009 09:11

File = WS_20005.WMA
date_accessed= 11/24/2008 12:09
date_modified= 11/24/2008 12:09
date_created = 11/24/2008 12:09
On CD label: Copy made 02/17/09 by R. Gygax, PCAO.

If you cannot fulfill this request today, please respond and let me know. I will then forward
the request back to Ms. Kipp along with your response to see if she is capable of fulfilling
this record request.

I appreciate your help, Wendy. Have a good day,

J. Edward Petrik
Attorney-in-fact for Danny E. Hicks
Case CR2008-02156


If I were going to be a lawyer, I'd try to be like Mark...

The Four Most Powerful Words in the Criminal Courthouse

Mark Bennett

Try this:

Stand up. Raise one foot off the ground. Now shift your weight forward. Don’t set your raised foot down. What happens?

You fall down.

But if you do the same thing and set the raised foot down to stop your fall, you take a step. Raise the other foot off the ground, shift your weight forward, and set your raised foot down to catch you. String a series of these events together, and you’re moving across the ground.

Walking....

(The rest is here: The Four Most Powerful Words in the Criminal Courthouse)