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Dornan Cotter April 19 Letter

Dornan Cotter April 19 Letter

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Published by: chrisabray on Apr 19, 2012
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04/19/2012

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THE LAW OFFICES OF
D
ORNAN
&
 
A
SSOCIATES
 
WWW
.
DORNANLAW
.
COM
.10-40
 
J
ACKSON
A
VENUE
 3
RD
F
LOOR
 L
ONG
I
SLAND
C
ITY
,
 
NY
 
11101T
ELEPHONE
: (718) 707 9997F
ACSIMILE
: (718) 228 5940M
IDTOWN
C
ENTER
 25
 
T
ALBOT
S
T
.,
 
C
ATHEDRAL
Q
UARTER
 B
ELFAST
,
 
BT1
 
2LDT
ELEPHONE
: (+44) 2890 823693F
ACSIMILE
: (718) 228 5940
April 19, 2012
Via ECF
Margaret Carter, Esq.
 
Clerk of Court
 
U.S. Court of Appeals for the First Circuit
 
John Joseph Moakley United States Courthouse
 
One Courthouse Way, Suite 2500
 
Boston, Massachusetts 02210
Re: In Re: Request from the United Kingdom Pursuant to the Treaty Betweenthe Government of the United States of America and the Government of the United Kingdom on Mutual Assistance in Criminal Matters in the Matter of Delours Price, Appeal Nos. 11-2511 and 12-1159
 
Dear Ms. Carter:We write in response to the letter submitted by the Department of Justice (“DOJ”)dated April 16, 2012 concerning the above referenced matter. We could not find anyprovisions in the Federal Rules of Appellate Procedure or U.S. Court of Appeals for theFirst Circuit’s Rulebook which would permit the Department of Justice to make furthersubmissions or communications once the Panel has risen following oral argument.However, in the best interests of our clients, we feel compelled to respond and requestthat you kindly bring this letter to the attention of the Panel.It is our respectful submission that the DOJ’s letter merely confirms that theDistrict Court's denial of the Appellants’ motion to intervene prevented them fromproviding evidence that is essential to assessing their claims that the Government’sposition poses a grave risk of physical harm to the Appellants and their families. TheAppellants’ affidavits in support of their motion to intervene were not intended as asubstitute for, or limitation of, the evidence they would have presented if granted the rightto be heard. As just one example, the DOJ’s letter does not dispute that the Departmentof State made contact with Carrie Twomey, Mr. McIntyre’s wife regarding her family’ssecurity. In fact, at Paragraph 9 of the Affidavit of Carrie Twomey (AppendixA240/A241), Ms. Twomey stated that Boston College had raised the threats against herfamily with the U.S. Department of State. The Appellants are ready, willing and able toprovide evidence of those contacts, if the matter is remanded.
 
Clerk of the CourtApril 19, 2012Page
2
of 
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 The DOJ’s implicit suggestion that it would have been able to rebut any evidencethat the Appellants would have elicited before the District Court proves only that theproceedings below would have been categorically different if the Appellants had beenpermitted to intervene, and that Boston College did not adequately represent theAppellants’ interests.Regardless of the outcome of this litigation, the DOJ’s insistence on downgradingthe threats facing the Appellants provides them with cold comfort. Although the DOJwas unable to identify, on the record, police reports regarding threats to Mr. McIntyreand his family, the IRA factions are unlikely to telegraph advance notice of their plans forretaliation. Moreover, as is evident from the final sentence of the DOJ’s letter, theGovernment takes the remarkable position that, even if harm to the Appellants and theirfamilies is assured, the Appellants nevertheless lack sufficient interest to be heard inopposition to the subpoenas.The Honorable Court—and clearly not the DOJ or Boston College—nowrepresents the Appellants’ best hope to assure their safety.Respectfully,DORNAN & ASSOCIATES PLLCBy: /s/Eamonn DornanEAMONN DORNAN, ESQ1040 Jackson Avenue, Suite 3BLong Island City, New York 10017Tel: (718) 707-9997Fax: (718) 228-5940LAW OFFICES OF JAMES J.COTTER, III MA BBO 101620By: /s/James J. Cotter, IIIJAMES J. COTTER, III(MA BBO 101620)Post Office Box 270N. Quincy, MA 02171Tel. 617 899-0549Fax 617 984-5858
 Attorneys for Appellants
Ed Moloney and Anthony McIntyre

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