Alfred Trenkler Innocent Committee

 

LATEST NEWS, in reverse chronological order. (for news about the case and other related non-web-linked news)   (For older, archived News see "Latest News (old)")

8/4/14 Alfred's case is mentioned in a utopian novel, 2121 , by Morrison Bonpasse.  In fact, the book says that he "has been" exonerated in 2014.  The book is a companion novel to Jesus and Jesusa, and both are available separately or in a combined paperback or Kindle volume at Amazon.com.  Jesus and Jesusa is about twins born in Italy in 2014, from embryos cloned from the foreskin of Jesus of Nazareth.  They later become co-popes, and survive an apparent assassination attempt, for which a man is wrongly convicted.

    In 2121, Chad Delano is convicted of chemical manslaughter, and is finally exonerated.  Meanwhile, his sister, Eleanor, has traveled to Mars with her husband, Max Trenkler, a distant relative of Alfred Trenkler.  In late 2121, twin daughters are born on Mars to Eleanor and Max.

 

12/19/11.  Gitgo Productions of South Portland, Maine, has produced a trailer for a potential documentary about the Roslindale Bomb case.  The planned title is, "Incident at Roslindale."   See the trailer at http://vimeo.com/27548656.

10/31/2011 ORDER entered by Sandra L. Lynch, Chief Appellate Judge; Juan R. Torruella, Appellate Judge; Michael Boudin, Appellate Judge; Kermit V. Lipez, Appellate Judge; Jeffrey R. Howard, Appellate Judge and Rogeriee Thompson, Appellate Judge denying petition for panel rehearing and rehearing en banc filed by Petitioner Alfred W. Trenkler. [10-1729] (GK)

5/27/11  Alfred Trenkler submitted a Petition for Writ of Habeas Corpus  to Justice Anthony Kennedy of the U.S. Supreme Court.

    The Petition seeks relief from the illegal sentencing of Alfred to life in prison by Judge Zobel, without the required recommendation from the jury.  Judge Zobel recognized that the sentence was illegal and replaced it with a 37-year sentence, but the First Circuit Court of Appeals had ordered her to reinstate the life sentence.  Alfred notes that other Circuit Courts have agreed that a jury recommendation for a life sentence is required.

4/26/11  Morrison Bonpasse sent a LETTER  to Attorney General Eric Holder requesting a re-investigation of the Roslindale Bomb case. Included with the letter were the "29 QUESTIONS" (#19, of Important Documents on Home Page) and copies of 15 previous letters to Attorney General Holder.

3/31/11  Alfred files a Motion for Reconsideration and En Banc hearing on his Habeas  Corpus Motion. 

2/7/11 First Circuit denies Alfred's Motion for leave to file Motion for Habeas Corpus. See DECISION which reads, "Alfred Trenkler has filed an application for leave to file a second or successive petition under 28 U.S.C. § 2255(h). The application is denied."

15 November 2010.  Federal District Court Judge Nancy Gertner vacates Federal arson conviction of James G. Hebshie. See her 69 page OPINION

Judge Gertner concluded:

IV. CONCLUSION
As Larry A. Hammond, past president of the American Judicature Society, noted:
     By routinely allowing into evidence expert testimony that we know
     should have been excluded, and by closing courthouse doors to
     claims for redress after conviction, the courts have contributed to
     the problems we face today.

           (Larry A. Hammond, The Failure of Forensic Science Reform in Arizona,             93 Judicature 227, 2  (2010).)  

In fact, he suggested, one thing that each of the cases in which there have been wrongful convictions necessarily have in common is that each were presided over by a judge, an appellate court, and typically had post conviction habeas review. And then he concluded:       

      One would hope that with the announcement of every exoneration,
      the judges across whose desks these cases passed would pause to
      ask, ‘what can we do to make sure that this doesn’t happen again?

This Court recognizes the importance of finality in criminal cases, particularly after time and resources have gone into the trial, and after a jury has pronounced guilt. But finality cannot trump fairness or justice. If Hebshie’s defense of serious charges was fatally undermined by ineffective counsel, I am duty bound to say so. Therefore, Hebshie’s habeas petition is
GRANTED.

[See followup articles about his case in the Taunton Gazette at "Links to Articles"  See also the coverage at the website of the New England Innocence Project  and the NEIP BLOG ABOUT THE HEBSHIE CASE See also, Judge Gertner's ORDER  for James Hebshie to be released.]

11/8/10  MCLE Conducts Seminar, "Litigating Wrongful Convictions in Massachusetts - Righting a terrible wrong."  Faculty:  Stephen Maidman (Springfield), Rosemary Scapicchio (Boston), Victor Garo (Medford), Debra Krupp (Boston), David Meier (Boston) and Joseph Savage (Boston, NEIP). 

SUMMARY OF COURSE:

   "We all too often read the headlines concerning the release of an individual from years of incarceration due to erroneous eyewitness identification, false confession, expert testimony on junk science, or police or prosecutorial misconduct. The modern legal history of Massachusetts unfortunately has a number of high profile examples individuals wrongfully convicted of crimes. Often, the individual is exonerated due to new DNA testing and postconviction counsel's unrelenting diligence. The panel of experts focuses their presentations on the development of wrongful conviction cases from post-conviction discovery, using experts and discusses traps for the unwary. Faculty discuss ideas on how to spot a wrongful conviction, how to prepare a motion for a new trial, how to get the District  Attorney's office to take your claim seriously, and offer suggestions on how to find missing evidence."

10/7/10  Morrison Bonpasse wrote a LETTER to Senator John Kerry, with a copy of Senators Scott Brown and Patrick Leahy of Vermont, and Senate Chair of the Judiciary Committee, to ask that Senator Kerry again request the Department of Justice to re-investigate the Alfred Trenkler case.

The letter began...

  I begin by stating as clearly and unequivocally as possible that Alfred W. Trenkler was wrongly convicted in 1993 in the Roslindale Bomb case in Boston. He is a "Perfectly Innocent" man, and had absolutely no knowledge of that bomb or role in its design or placement.  If there is a way I can state this more emphatically please let me know.

[Enclosed with the letter were:

1.  "29 Questions for Re-Investigating the Alfred Trenkler case"  These are mostly YES/NO questions
2. "Proposal: Preliminary Re-Investigation: Roslindale Bomb Case".  This proposal was first sent to Massachusetts U.S. Attorney Michael Sullivan in 2008.
3. Five letters from jurors in Alfred Trenkler's 1993 trial to the trial judge, Rya Zobel. All five requested a retrial for Alfred Trenkler
4. "Perfectly Innocent"  This is a 727 page manuscript, including appendices, which Morrison Bonpasse wrote in 2007 about the Roslindale Bomb cases. Approximately 150 hard copies have been circulated in Boston.
5. Letter from Senator Arlen Specter and  responses from the Dept. of Justice to that letter and response to the letter from Senator John Kerry.

 

8/30/2010  Alfred Trenkler filed a Reply with the First Circuit Court of Appeals to the Government's response, in which Alfred restates his actual innocence. 

Excerpt from the Reply...

   .... On June 14, 2010, petitioner Alfred W. Trenkler, "Trenkler", filed an application for leave to file a second or successive motion under 28 U.S.C. § 2255 based on newly discovered evidence establishing his actual innocence. Trenkler's application follows numerous prior efforts by Trenkler to obtain collateral review of his conviction and sentence, including, most recently, another second or successive§ 2255 with newly discovered evidence showing that he is innocent....

8/2/2010  Asst. U.S. Attorney Randall Kromm filed a RESPONSE  in the First Circuit opposing Alfred Trenkler's Application to file a Motion for Habeas Corpus.

Excerpt from the Response...

   As set forth below, the application should be denied, because several of Trenkler’s claims duplicate claims that were or could have been made in the prior application and because Trenkler’s claims do not make a prima facie showing that Trenkler could meet the standard for the filing of a second or successive motion.

7/20/10  Perhaps as a result of the letters to Senator John Kerry, Alfred Trenkler was taken to a hospital in Tucson to have his pacemaker checked out - and it was fine. 

Alfred wrote in an email...

"They finally took me to the hospital to have the pacemaker checked. What a relief it was. We first went to the wrong hospital, but as a coincidence, the nurse that was there used to work at U. Mass. in Worcester where I was having my pacemaker checked while at Devens. I think she knew doctors we knew but the guards did not want to wait around.  Everything checked out OK."

7/13/10 Alfred Trenkler and Morrison Bonpasse write letters to Senators John Kerry and Scott Brown, with copies to Alfred's Congressman William Delahunt and his late parents' Congressman, Stephen Lynch, and resulting inquiry by Senator Kerry to Dept. of Justice.

   The letters request that the Dept. of Justice re-investigate the Alfred Trenkler case and that Alfred be given appropriate medical care.

   17 June 2010 Letter to Senator Scott Brown from Morrison Bonpasse.

   28 June 2010 Letter from Alfred Trenker to Senator John Kerry.

   28 June 2010 Letter from Alfred Trenkler to Senator Scott Brown

   8 July 2010 Letter from John Kerry to Morrison Bonpasse advising that his letter has been sent to the Office of Legislative Affairs in the Dept. of Justice.

   8 July 2010 Letter (not yet available for posting here) from John Kerry to Alfred Trenkler advising that his letter has been sent to the Office of Legislative Affairs in the Dept. of Justice.

  10 July 2010 Letter from Morrison Bonpasse to Alfred Trenkler's Senators and Congressmen forwarding his 9 July Letter (see below) to U.S. Attorney for Massachusetts Carmen Ortiz.

7/9/10  Morrison Bonpasse Letter  letter to U.S. Attorney for Massachusetts Carmen Ortiz asking for a re-investigation of the Roslindale Bomb cases.

Excerpts from the letter....

   I write today to ask again for a re-investigation of the Alfred Trenkler case and again for a three hour meeting with you and/or a delegate.

    Recently, I visited the John F. Kennedy Library with a granddaughter and saw President Kennedy proclaim, "The great enemy of the truth is very often not the lie: deliberate, continued, and dishonest; but the myth: persistent, persuasive, and unrealistic."  Please join the effort to present the truth about Alfred Trenkler and dispose of the myths in his case....

6/10/10 Alfred Trenkler filed an Application for Leave to File a New Motion for Habeas Corpus with the Court of Appeals for the First Circuit [not knowing that the Court's decision on his earlier Appeal was decided two days earlier.]

   The new Motion relies upon the newly discovered evidence that was among the records disclosed in July 2009 by the Boston Police Dept. in response to a FOIA (Freedom of Information Access) request.  That evidence includes videotapes of the reenactment of Thomas L Shay's car backing into his driveway with a mock bomb underneath.

    Also, the Motion relies upon the 13 May 2010 Affidavit by Tom Shay (see below).

6/8/10  The Court of Appeals for the First Circuit denied Alfred's appeal of Judge Zobel's denial of his habeas corpus motion.  See JUDGMENT

Excerpts from the court's opinion....

    He claims that newly-discovered evidence entitles him to exoneration or a new trial. The district court disagreed, and we conclude that its reasoning was sound. New evidence does not by itself permit a new trial; rather, a showing of very powerful new evidence meeting the standard of section 2255(h) can permit a second petition which must then itself establish a violation of law, typically, one of the constitutional errors that is cognizable on habeas.
    The remaining issues are also of little help to Trenkler. The existence of fingerprint evidence on the alleged target vehicle was known to Trenkler's counsel and is thus imputable. The prosecution's mere silence cannot be reasonably construed as a deceptive or misleading representation about the nature or import of the unidentified prints. Discrepancies in the evidence about technical features of the explosive device were discoverable by the defense at the time of trial, so new realizations on the part of Trenkler as a result of post hoc review of the litigation files will not satisfy § 2255(h)(1). Trenkler's impugnment of testimonial trial evidence, based on doubtful claims of recantation and uncorroborated suspicions of inducement, can fare no better. Finally, whatever significance might attach to evidence of speed bumps in the travel path of the alleged target vehicle, it, too, was a matter discoverable at the time of trial, and is not amenable to § 2255(h)(1).
   The district court's estimate of Trenkler's "actual innocence" claim is also sound.

5/25/10  Tom Shay completed an fMRI brain scan test in order to determine his truthfulness in two specific statements. See 28 June 2010 Report of Steven Laken, PhD of Cephos Corp.

   Unfortunately, perhaps because Tom was tired or because he misunderstood the baseline instructions, the results of this test were inconclusive.

5/6/10 Thomas A. Shay completed a 109 point Affidavit which affirms his own innocence and that of Alfred Trenkler.

    Written just prior to his release from the Worcester County Jail on 21 May, Tom Shay explains how he lied to investigators in 1991-1993 just to get attention and other benefits.

4/30/10  The First Circuit Court of Appeals will decide Alfred Trenkler appeal without oral argument. See ORDER

The Court stated...

  "In accordance with Fed R. App. P. 34, this is to advise you that a panel of three judges, after examination of the briefs and record, unaminously agree that oral argument is not needed in this case.

4/1/2010.  Alfred Trenkler filed his REPLY BRIEF  with the First Circuit Court of Appeals.

His brief concluded:

Trenkler prays that this Court grant oral argument, with the assignment of counsel, or, remand this case to the district court with orders to vacate and set the judgment aside and discharge Trenkler or resentence him or grant him a new trial or to correct the sentence as may appear appropriate or to construct a remedy tailored to the constitutional violations of Trenkler's due process rights that as much as possible restores Trenkler to the circumstances that would have existed had there been no constitutional error.

 

2/5/2010. Alfred Trenkler has been transferred to Tucson USP (United States Penitentiary)

    While that is 2,600 miles from Massachusetts, he will at least have access to his possessions an legal documents. Also, he should have access to medical care, including the overdue checkup of his pacemaker, which was scheduled for December.

    His mailing address is:

          Alfred W. Trenkler, 19377-038

          USP Tucson

          P.O. Box 24550
          TUCSON, AZ  85734

1/30/2010. OBITUARY published in Boston Globe for John D. (Jack) Wallace, stepfather to Alfred Trenkler.

Excerpts from the obituary....

    Mr. Wallace, who died of pneumonia Dec. 28 at Milton Hospital, was 83. He had spent the last 18 years trying to win release of his stepson, Alfred Trenkler, who was convicted of building a bomb that killed a Boston Police Bomb Squad officer and maimed another officer in 1991.
   Mr. Wallace wrote letters to judges and prosecutors. His home overflowed with legal documents, and he and his wife spent more than $650,000 on Trenkler’s defense, his family said.
    Trenkler is serving a double life sentence. He says he is innocent and filed a new appeal last year. Federal prosecutors told jurors he built the bomb for his then 19-year-old [acquaintance], Thomas A. Shay, in a conspiracy to target Shay’s father for years of abuse. The bomb was found in Shay’s father’s driveway in Roslindale.
    In a statement Trenkler wrote for his stepfather’s memorial today, he said, “It pains me so much that he could not live to see the fruition of his efforts. However, it is in significant part that all of his efforts will eventually free me.’’
    The explosion on Oct. 28, 1991, killed Officer Jeremiah J. Hurley Jr., 50, and severely injured Officer Francis X. Foley.
    Trenkler, 53, who is in a federal prison in Oklahoma, said his stepfather taught him how to ride a bike and play sports. His biological father, renowned comic ice skater Freddie Trenkler, traveled with the Ice Capades and rarely saw his son.

   “Jack quickly became a true father to me, doing all those father-and-son things fathers and sons do,’’ Trenkler said. “He taught me the value of honesty and to fight for what you know to be true.’’
    Mr. Wallace befriended Trenkler’s codefendant Shay and sent him canteen money in prison, even though Shay implicated Trenkler in an interview with a television reporter. Shay later recanted and blamed his remarks on a penchant for seeking attention.

1/29/2010.  The U.S. Attorney filed its 67 page REPLY BRIEF to Alfred Trenkler's appeal in the First Circuit.

   The Brief stated that were two issues:

1. The district court properly found that Trenkler’s approved claims were

time-barred or did not state violations cognizable under §2255. Trenkler’s

unapproved claims should not have been reached, or, alternatively, were properly

denied.

2. To the extent the district court was required to consider Trenkler’s claim

of actual innocence, that claim was properly denied.

[Trapped in the straightjacket of Federal appellate rules, the Government's brief avoids discussing and confronting the truth in this case.]

1/22/2010. The First Circuit Court of Appeals approved by ORDER the Government's request for four additional days in its response.  The Government now has until Friday, 29 January to respond to Alfred Trenkler's appeal.

   The Government's MOTION was virtually identical to the previous requests for additional time.

1/20/2010.  The U.S. Department of Justice, Office of Justice Programs (OJP), Bureau of Justice Assistance (BJA) is pleased to announce that it is seeking applications for funding under the Wrongful Conviction Review Program.

   This program furthers the Department’s mission by providing assistance to public and non-profit entities that seek justice for those who have been wrongfully convicted.....

    The goals of this initiative are to: 1) provide quality representation to those who may have been wrongfully convicted; 2) alleviate burdens placed on the criminal justice system through costly and prolonged post-conviction litigation; and 3) identify, whenever possible, the actual perpetrator of the crime.

   See Wrongful Conviction Review Program Announcement, and entry below for 10/22/2009 describing the $561,000 grant to Massachusetts under this program for 2009.

1/13/2010.  Alfred Trenkler has been flown to the Oklahoma City Federal Transfer Center

  It's unknown when he will be transferred to the Tucson USP (United States Penitentiary).  As the Government's Reply Brief is due on 25 January, Alfred's ability to respond will be severely limited until he can be reunited with his personal property, including his legal papers, which have all been shipped to Tucson.

1/12/2010.  Alfred Trenkler was advised today to pack his few belongings and prepare for a plane flight west, probably tomorrow, 13 January.

   Probably, he will fly to the Oklahoma City transfer station/jail at the city's airport, and then fly to Tucson, where he has been assigned, 2,600 miles from Massachusetts.  That's 2,100 miles more that the Bureau of Prisons' 500 mil-from-home standard.

1/7/2010. The First Circuit Court of Appeals approved by ORDER the Government's request for two additional week's delay in its response.

   The Government's MOTION was virtually identical to the previous requests for additional time.

1/6/10. First Circuit Court of Appeals sets timetable for Alfred Trenkler's Reply Brief, to the Government's Brief which is due 11 January 2010.

  The ORDER reads: "Treating Petitioner-Appellant's motion for extension of time as protective (because the time period for filing the reply brief will not run until the appelee serves a responsive brief, currently due January 11, 2010, we allow the request that the deadline to file the reply brief not fall before February 22, 2010.

1/4/2010 Morrison Bonpasse writes LETTER (COPY TO JUDGE ZOBEL AS DOCKETED)  to U.S. Bureau of Prison Director Harley Lappin about Alfred Trenkler's transfer.

Six questions were asked....

   1. Can Alfred Trenkler's security classification be reviewed again, in view of the similarity between his earlier sentence of 37 years ("life") and his present and reinstated, Life sentence? Can he be restored to a "Low" Security classification, or even "Medium"?
   2. Is Tucson USP the only facility in the U.S. which is appropriate for Alfred Trenkler, even if his High Security classification remains?  If not, which are the others? Isn't Allenwood appropriate, as it was in 2006 and 2007?
   3. Why was he transferred on 13 November 2009, more than a year after his resentencing, and during which year, there had been no change in the security of his living arrangements at FMC Devens? 
   4. Why, after being transferred from FMC Devens on 13 November 2009 and sent to MDC Brooklyn is he still there, more than six weeks later?
   5. When will he be transferred to an appropriate facility?
   6. Why has not been given medical care as was scheduled for December 2009 to monitor, test and calibrate his pacemaker, as was done at FMC Devens regularly and as medically scheduled? More positively phrased, when will he be given medical care?

12/31/2009  Thomas A. Shay  RELEASED from Federal Prison in Memphis. Taken to Worcester County jail in West Boylston, Mass. to serve unrelated six month sentence.

    With the end of his Federal imprisonment, Thomas A. Shay has now completed his sentence for the Roslindale Bomb case, and is no longer under any form of Federal supervision.

     His six month sentence in West Boylston was imposed when he plead guilty to several minor charges arising out of his activities in Spencer, Massachusetts in 2006.  Because of some of those same activities, his Federal probation was revoked in July, 2007 and he was sentenced by Judge Zobel to serve the rest of his probation period in prison - 33 months.

   With time off for good behavior, he should be a free man sometime in May, 2010.

   His address at the jail is:

       THOMAS A. SHAY, #0022745

      Worcester County Jail & House of Correction

      Unit Maxi - B

      5 Paul X. Tivnan Drive

      West Boylston, MA 01583

12/28/09 John D. Wallace (Jack), stepfather of Alfred Trenkler dies at Milton Hospital of pneumonia.

From the OBITUARY  in the 9 January 2010 Quincy Patriot Ledger...

     John D. Wallace John D. Wallace MILTON John D. Jack Wallace, 83, of Milton died at Milton Hospital on December 28, 2009. Born in Camden, NJ, Jack was a graduate of Muhlenberg College in Pennsylvania. After college, he worked as a Sales Representative in the records and television division of RCA. Mr. Wallace also served in the US Navy from 1944-1946. In 1973, Jack became involved in commercial real estate in the Boston area. He later joined his wife, Josephine Jo Wallace in residential real estate for the Jack Conway Company. Jack was a Past President of the Milton Hoosic Club in the 1970s. Beloved husband of the late Josephine Jo (Barnum) Wallace. Father of David Johnson Wallace and his wife Judy Lloyd of Brunswick, ME and Alfred W. Trenkler of Milton. Brother of the late Thomas Wallace and Hope Wallace Reeder. Uncle of Jill Wallace McNeil of Haverford, PA, Gregory Reeder of Birchrunville, PA and Hunter Reeder of Augusta, WV. A Memorial service will be held at First Parish Unitarian Universalist Church, 535 Canton Ave., Milton on Saturday, January 30, 2010 at 1:00 p.m. Relatives and friends invited. In lieu of flowers, donations in Jacks memory may be made to Milton Hospital, 199 Reedsdale Rd., Milton, MA 02186. The Dolan Funeral Home of MILTON is assisting the Wallace family with arrangements. www.dolanfuneral.com.

12/21/2009  Alfred Trenkler files "Motion for an Order to Clarify The Time Within Which He Must File His Reply Brief - for 42 Days - To February 22, 2010...."

The Motion begins...

   "Petitioner - Appellant Alfred W. Trenkler "Trenkler" respectfully seeks clarification from the Court for the due date within which he must file his reply brief.  Trenkler moves the Court to continue for 42 days - to February 22, 2010 - the date on which his reply brief is due, further, to toll the due date should Trenkler be placed into transfer mode and separated from all of his reply brief work product preventing him from completingt his reply brief.  In support of thiwsmotion, Trenkler states the following:..."

12/19/2009  Alfred Trenkler writes a LETTER to Massachusetts U.S. Senator John Kerry.

Excerpts from the letter....

     I am writing for your assistance in a matter of utmost importance. My name is Alfred W. Trenkler, formerly from 7 Whitelawn Avenue in Milton,Massachu-setts. My Mother, Josephine Wallace, who passed away from cancer in October of 2008, and my stepfather, Jack Wallace, had moved to 13 Quisset Brook Road in Milton because of Jack's declining health. My father, Freddie Trenkler, passed away years ago while I was in prison in Allenwood, Pennsylvania. From the time I graduated college in 1979 up until December of 1992 I had been employed in the communications field, successfully self employed from June of 1991....

   Although my urgent request is that my transfer be reversed, that I may be  sent back to FMC Devens for my continued medical care, where I was safe and  had no problems, it is imperative that there be a reinvestigation of this case.

  Even Cynthia Hurley, the victim's widow, has publicly stated that she supports the search for truth in this case, as reported in a recent Boston Herald article.

The cooperation of the Justice Department with the Boston Police Department is of the utmost importance if justice is truly to be served.

I am an innocent man wasting my life away in prison, two police families still live the pain of that dreadful day, and somewhere out there is a guilty party laughing at our justice system....

[Senator Kerry forwarded the letter to the Bureau of Prisons with a request for an explanation. On 19 February 2010, F. Scott Dodrill responded with a LETTER which asserted that Alfred's transfer away from Devens was according to policy.]

 

12/19/2009 Alfred Trenkler writes a LETTER to First Circuit Court of Appeals Judge Sandra Lynch, and Chief District Court Judge Mark Wolf and U.S. District Court Judge Rya Zobel about his sudden transfer to Brooklyn, on the way to Tucson and about his actual innocence.

Excerpts from the letter....

    "After Two years being housed at Federal Medical Devens as a result of my being categorized as a care level 3 because of the pacemaker I must wear for the rest of my life and one year subsequent to my two illegal life sentences being reinstated, I was told on November 12, 2009 to pack up all of my belongings including all the work product for my pro se appeal (09-1559). On November 13, just prior to being placed on a transport bus, I was informed that I was being transported to Tucson Arizona. To say I was stunned is an understatement....

   I know you all have heard this before, but until my dying breath, I will maintain my innocence. I am totally innocent of all these charges against me and now that 1 have uncovered evidence that proves my innocence and, until the government chose to destroy the evidence in this case in 2005 and 2006, would prove the actual identity of the real bomb builder, the government sends me on "diesel therapy1' to keep me from exposing the truth in this case...."

12/17/09  U.S. Senator Arlen Specter wrote a LETTER to Deputy Attorney General David Ogden on behalf of Alfred Trenkler.  [Included with the letter is the letter from his constituent, and Alfred's cousin, Jill McNeil.]

In its entirety, the letter states....

  Please find the enclosed letter one of my constituents, Ms. Jill Wallace McNeil, sent to me regarding the 1991 conviction of her cousin, Mr. Alfred Trenkler, in connection with a bombing in Boston that killed one police officer and severely wounded another.
   As you can see from Ms, McNeil's letter, the Boston Police Department has recently expressed doubts about the validity of Mr. Trenkler's conviction. Mr. Trenkler has been transferred to different prison facilities morc than once, and no longer has access to his personal files. An investigation into Mr. Trenkler's innocence claim would be appreciated. [Emphasis added here]
   I am confident you will give this request all due consideration.

[In its 20 January 2010 response LETTER, the Dept. of Justice did not respond to the request to investigate Alfred's claim of wrongful conviction.  Instead, it treated the letter as a claim of prosecutorial misconduct and declined further action.]

 

12/16/09 Boston Bar Assn. Task Force on Preventing Wrongful Convictions issues report:

"Getting It Right, Improving the Accuracy and Reliability of the Criminal Justice System in Massachusetts" 

See, also, "Links to Articles" for Boston Globe article of 16 December.

[Following issuance of the report, Morrison Bonpasse sent an EMAIL to members of the Task Force to thank them for their work, and also to ask for help with the exonerations of the wrongfully convicted Alfred Trenkler and Thomas A. Shay.  Attached to the email were the PROPOSED OUTLINE OF PRELIMINARY RE-INVESTIGATION and A 25 NOVEMBER 2009 EMAIL TO U.S. ATTORNEY ORTIZ WITH 29 POINTS FOR RE-INVESTIGATION.

12/2/09 Alfred Trenkler has mailed to the Court of Appeals a Motion for more time to respond to the Government's brief as he is in a temporary Detention Center in Brooklyn without access to his files and documents.

12/1/09  The First Circuit has approved the Government's MOTION  for an additional 40 day delay in its response to Alfred Trenkler's appeal.

     By the Court's ORDER, the Government's Appellee brief is now due on 11 January 2010, and Alfred's response is due 28 days later, by the ORDER of the court on 6 October 2009.

11/30/09  Alfred Trenkler, still in a detention center in Brooklyn, NY, has called his stepfather, Jack Wallace, to tell him that he received a copy of a Government Motion for an additional 40 days for the Government's response to Alfred's appeal brief before the First Circuit Court of Appeals.

     However, that Government Motion has not yet been docketed in Alfred's case at the First Circuit, and the deadline for the appellee brief is 12/1/09. See DOCKET FOR CASE 09-1559 AS OF 11-30-09.

      If true, and if the 40 days is to be used for re-investigating the Roslindale Bomb case, this is good news for Alfred Trenkler and for truth and justice.

 

11/16/09 Alfred had been advised that he is being transferred to Tucson, Arizona.

    One counselor at Brooklyn said that his transfer is a "medical transfer", but Alfred Trenkler was already IN a Federal Medical Center (FMC) at Devens FMC and there are no such centers in Arizona.  Meanwhile, he has no access to email, nor to his personal and legal papers while in transit in Brooklyn.

11/15/09 Morrison Bonpasse wrote LETTER  to Judges Sandra Lynch, Rya Zobel, and Mark Wolf about Alfred Trenkler's transfer from Devens.

The letter concluded...

    "Given the absence of credible reasons for the transfer of Alfred Trenkler away from Massachusetts, and the appearance of retaliation as a motive, please consider asking the Government for a full explanation for the transfer. If the responses are not reasonable or satisfactory, please consider ordering that Alfred Trenkler be returned to Devens FMC."

[This letter enclosed a copy of the email, below, to the Dept. of Justice. See DOCKETED COPY OF EMAIL]

11/15/09 Morrison Bonpasse sent EMAIL to the Dept. of Justice to ask for explanation of the transfer of Alfred Trenkler

The email began....

   "First and foremost, Alfred W. Trenkler, 19377-038, is an actually innocent man. Every day in prison for an innocent man is a tragedy for him, his family, and for the surviving victim of the 1991Roslindale Bomb, and for both victims' families.  Each such day in prison for an innocent man means an undeserved additional day of freedom for the actual perpetrator of the Roslindale Bomb."

[A hard copy of the email was sent by U.S. mail with a FORWARDING LETTER to Attorney General Eric Holder.]

11/13/09  Alfred Trenkler was moved to the Brooklyn, NY, Metropolitan Detention Center, for future transfer to a Federal Prison, yet unknown to him.

    On Thursday, 12 November, Alfred was advised to pack up his belongings as he was being transferred.  On Friday morning, he was put on a van, about an hour before a planned visit was to begin at Devens.  A counselor at Devens advised Jack Wallace, Alfred's stepfather, that Devens FMC was not for people with double life sentences, even though many inmates who are sent to that facility die there. Alfred advises that there are several lifers at Devens. According to the Bureau of Prisons "Inmate Locator" at www.bop.gov, Alfred was initially sent to the Brooklyn MDC (Metropolitan Detention Center), which is primarily a transit station for future transfer.  He will likely be there for several days.

10/22/09  "CPCS [Committee for Public Counsel Services] to establish Wrongful Conviction Unit"  from the website of the Mass. Bar Assn.

   The special unit is made possible by a U.S. Department of Justice grant
The Committee for Public Counsel Services has been awarded a U.S. Department of Justice, Bureau of Justice Assistance grant for a two-year period to establish a special unit to support the post conviction litigation of claims of innocence on behalf of clients.
  The Massachusetts Grant was the largest in the country, for $561,304, with the next largest going to California, for $236,673.

  This funding, from the federal FY09 Wrongful Prosecution Review Program: Representation of Wrongfully Convicted Defendants in Post-Conviction Claims of Innocence, will enable CPCS to create a Wrongful Conviction Specialist position to assist assigned counsel in these cases. The grant will also support an Expert Funding System to enable post-conviction counsel to access experts and testing to develop the factual information needed to present these claims initially, and to obtain court approval for additional needed funds.

  The Wrongful Conviction Unit is anticipated to being services in January 2010.

10/9/09 U.S. Government requests SIX WEEK delay to give time to respond to Alfred Trenkler's Appeal to the First Circuit. See "Government's Motion for Order Extending the Time to December 1, 2009 within which It Must File Its Responsive Brief"

Filed by Asst. U.S. Attorney Randall Kromm, the Motion stated, inter alia...

  "The prisoner's appeal ... presents a number of legal issues regarding the prisoner's ability to establish that he is entitled to pursue his claim at this time as well as potentially complex factual issues concerning the nature and relevance of the purported newly-discovered evidence. As a result, the appeal is expected to require substantial legal research as well as review of the extensive record in this case...." 

  The First Circuit Court of Appeals immediately issued an ORDER approving the motion.  A few days earlier, the Court had issued an ORDER  approving Alfred Trenkler's MOTION for additional time to respond to the Government's brief when it was expected to be filed on 16 October.

   Perhaps this means that the Government will seriously re-investigate the case, including Alfred Trenkler's claim of Actual Innocence.

10/8/09  Tom Shay wrote a LETTER to Judge Zobel about his treatment in prison.

Excerpts from the letter....

   "I don't believe that the people here care at all. But I know that you do. I want to live a productive life when I'm finally released and surely am not going to find anything useful n 23 hour hour lock up....

   I patiently await your response."

9/11/09  Alfred Trenkler mails his APPEAL  of Judge Zobel's decision denying him a new trial.  

9/8/09 The first Circuit Court of Appeals denied Alfred Trenkler's appeal of the earlier decisions to reimpose his double life concurrent sentence. See COURT OPINION

The court stated, inter alia,

   "Trenkler claims a right to a new sentencing hearing, a right to allocute, and a fresh opportunity to challenge the sentence on the substantive merits on direct appeal. The district court was not persuaded, and neither are we...."

Of this opinion, Alfred Trenkler wrote, "...the appeals court has never said the sentences were correct, just that I have no way to correct it, hard cases make bad law, as the appeals court said when ordering Zobel to reinstate the original sentence. Until congress repeals the AEDPA, people like myself are effectively barred from relief, rights stripping as it has been called by no less than the first circuit. The first circuit has even agreed that my sentence was not statutorily correct, but rather I have no avenue to have it fixed, even though the first circuit in other cases has done just what we were asking for.... "

28 July 2009. The Boston Police Dept. made two cartons of documents available to Alfred Trenkler through a Freedom of Information request filed in 2008.

    The most important documents, from the 500 pages selected for copying, are listed on the Home Page, as "Key Documents".  Among the other documents are:

A. 920608 Transcript of interview with Derrick Massey, roommate of Dennis Owen

B. 920608 Miranda Warning certification for Dennis Owen.

C. Handwritten notes by unknown person re Dennis Owen Derrick Massey.

D. 911126 Memo by Detective William Fogerty re meeting with Omeara Fogerty

    Palaza Crossen Gelhaar.

E. 920129 from Francis OMeara to Det Peter Omalley and Tom Shay Sunday 910127

F.  920209 transcript of phone call TAShay to Josepn Bonnano

G.  920307 transcript notes of tape of Alfred Trenkler Donna Shea and James Harding

H.  911104 Interview with Thomas A Shay at Dedham H of C

I.  undated INDEX documents for Roslindale Bomb case

J.  undated INDEX documents for Roslindale Bomb case two pages of earlier version

K. 910115 ATF interview with Russell Bonnano

L. 911028 BPD report of interviews with Shay neighbors on Havana Street

M. 911028 BPD report of interviews with Shay neighbors on Westbourne Street

N. 911029 BPD Intelligence report on Thomas L Shay

O.911030 BPD OMalley Thomas and Fogerty report of Armstrong re Thomas Shay Jr

    arrest re bomb threat

P. 911030 statement of John Bowen who was with TAShay at Tways Bus press conf

Q. 911101 BPD William Fogerty interview of Thomas Shay the younger

R. 911106 ATF interview with John Shea at Plymouth House of Correction

S. 911111 report of batteries at TL Shay home

T. 911115 ATF interview with Scott Critcher

U. 911115 ATF interview with Rosalyn Rotman

V. "Family and Friends" list by Thomas A. Shay sent to mother prior to

     March 1992.

W. Photographs of mockup of 1991 Roslindale Bomb and of two magnets on

     bumper.

15 July 2009.  Judge Zobel approved Alfred Trenkler's Motion, clearing the way for his appeal to the First Circuit.

The docket entry in Alfred's case said, simply:

Judge Rya W. Zobel: endorsed ORDER entered granting 28 Motion for Certificate of Appealability as to all issues raised. (Urso, Lisa) (Entered: 07/15/2009)

10 July 2009.  Alfred Trenkler has filed a Motion for Certificate of Appealability to Judge Zobel, to seek her approval to appeal her ruling of 16 March, below.

Alfred concluded:

    Petitioner firmly believes the grounds raised in his Application for Certificate of Appealability can be adequately debated, that Trenkler has shown that his "newly discovered evidence would show by clear and convincing evidence that a reasonable fact finder aware of such evidence would not have convicted him" and that the earlier unavailability of this evidence reflects a constitutional violation, and that this evidence withheld by the govenment would prove Trenkler's actual, factual innocence. Trenkler firmly believes he has "filled the gaps".

9 June 2009 Tom Shay writes LETTER  to Judge Zobel asking for a new trial on grounds of his mental incompetency at his 1998 Guilty Plea hearing.

Excerpts from the letter...

.... It must be noted that Judge Harrington was unaware of my extensive mental health background. So, he thus didn't know any better, and was fooled by the prosecution and my attorneys....

   I beseech you, your honor.  A terrible injustice has occurred here. Two innocent men are in prison. Please order a new trial.

1 July 2009.   Maine Congresswoman Chellie Pingree's office has asked the Department of Justice to respond to inquiries about the Roslindale Bomb case.

    On 29 April 2009, Morrison Bonpasse wrote a LETTER to U.S. Attorney General Eric Holder to ask for his assistance in re-investigating the wrongful convictions in the Roslindale Bomb cases. CC's were sent to Acting U.S. Attorney for Massachusetts, Michael K. Loucks, Paul Kelly, Frank Libby, and Donald Stern, former U.Sl Attorney for Massachusetts, among others.    Later, Bonpasse forwarded the same letter in an EMAIL to Assistant Attorney General Lanny Breuer, with copies to the same CC's as above. 

   There has been no response from anyone in the Department of Justice, hence the request for assistance from Congresswoman Pingree.

10 April 2009.  Thomas A. Shay writes to Judges Gertner and Zobel and to U.S. Attorney Michael J. Sullivan.  Letter to Judge Zobel  and Rekeyed letter to Judge Zobel in Word.  Letter to Judge Gertner  and  Rekeyed letter to Judge GertnerLetter to U.S. Attorney Michael J. Sullivan and  Rekeyed letter to U.S. Attorney Sullivan.

Excerpt from the letter to Judge Zobel:

" But now I am proving to you that the Government used ill tactics to make their case, and that is a violation of my civil rights, and that is new evidence!  What's the time line your honor on justice when one or two of the so-called good guys goes bad?  What is the time line on justice being served?"

16 March 2009. Judge Zobel denies Alfred Trenkler's Petition for a new Trial.

See OPINION

13 March 2009. A fifth juror from Alfred Trenkler's trial has written a LETTER to Judge Zobel disavowing the 1993 verdict.

Full text of Marie O'Hare's letter:

    "I was a member of the jury for Alfred Trenkler in the case from 1993. I have learned that there are some jurors that have come forward and have had second thoughts. I know it has been awhile but there is some information that I have become aware of that I believe it would of made a difference in the decision that I agreed on. I do not believe he was represented very well. If I were a juror today and I had to sit on a jury for this trial and all was told that I have read there would not of been a guilty verdict from me. Today I believe

that Alfred Trenkler is in jail and he is a innocent man. This is why I am sending this letter to you. I believe in the justice system and sometimes there are mistakes made and the wrong person is found guilty and spends so much time in prison and this happens to be one of the instances. Please consider correcting this mistake in the judicial system and release him as a free man."

6 March 2009. A fourth juror from Alfred Trenkler's trial has written a LETTER to Judge Zobel disavowing the 1993 verdict.

Excerpts from Juror Robert Woods' letter:

... About our verdict. Many aspects of the trial still haunt me. I have always believed that testimony of The ATF was JUNK SCIENCE!... 

There was a rush to judgement and a distinct attempt to find somebody guilty, anybody, and Alfred Trenkler was the chosen victim....

The death of one Boston police officer and injury of another clearly need to be punished, but, not by punishing the wrong person. ...

I understand there may be no point of law to justify a reexamination; there is a point of justice.
The Fells Acre Day Care case was reexamined and innocent people freed of the tyranny of Junk science. Alfred Trenkler deserves a rehearing... "

17 February 2009.  Alfred Trenkler sends Freedom of Information (FOIA) Request to Boston Police Dept. for documents relating to his case.

  This request is in addition to previous requests submitted by Morrison Bonpasse.  See INITIAL 2008 REQUEST  and BPD RESPONSE and MOST RECENT REQUEST of 16 February 2009.

9 February 2009.  Morrison Bonpasse and Alfred Trenkler write EMAILS to Senator Kennedy's Advisory Committee to recommend a nominee for U.S. Attorney for Massachusetts.

The email from Alfred Trenkler begins...

   My name is Alfred W. Trenkler, originally from Milton Mass. In 1993, I was wrongfully convicted of building an explosive device that killed one Boston Police officer and seriously injured another. I say wrongfully, first, because I played no part in this horrendous crime. Second, in the government's rush to put a name and a face on the miscreant responsible for this crime, many short cuts were taken and evidence was discarded and or ignored and never analyzed. 

 

10 January 2009  Thomas Shamshak, of Shamshak Investigative Services has been retained by Alfred Trenkler's family to provide investigative services in the Roslindale Bomb case. 

    Mr. Shamshak has been part of the investigative and security fields for twenty nine years. He was a law enforcement professional for twenty one years, serving as a Police Chief in two municipal police departments for nine years. Since 1999, he has been operating his own private investigation and security consulting business. Given his many years of professional experience, Mr. Shamshak has developed a vast network of public and private investigative and security contacts throughout the nation and the world.

[As noted on the "Submit a Tip" section of this website, Tom can be reached by email (click on his name above) or call him at 800-422-0944.]

1 January 2009. Roland Burris, Nominee for U.S. Senate in Illinois supported continued prosecution of an obviously innocent, and subsequently exonerated man when Burris was Illinois Attorney General.  See "Burris sought death for innocent man" by Ben Protess, ProPublica.

    Even after another man confessed to rape and murder, Atty. General Roland Burris continued to pursue the death penalty in Illinois for an innocent man, Rolando Cruz.  Burris' Assistant Attorney General, Mary Kenney, resigned rather than argue before the Illinois Supreme Court for Cruz's death.  Burris was running for governor of Illinois and did not want to appear to be soft on crime.

[Is this the reputation that will belong to the people in Massachusetts who continue to oppose re-investigating the Roslindale Bomb case, despite the significant evidence of innocence for Alfred Trenkler and Thomas A. Shay?]

 

30 December 2008. First Circuit Court of Appeals denies Tom Shay Requests for a Certificate of Appealability to appeal his 1998 Guilty Plea verdict.

Judges Boudin, Selyea and Stahl wrote,

 "... we conclude that, in any event, petitioner has not demonstrated that 'jurists of reason would find it debatable whether the district court was correct' in determining that petitioner's motion filed to 28 U.S.C. 2255 is untimely."

[See related filings by Tom Shay below, at 23 September, 7 August, 22 July and 30 June.]

12 December 2008. Alfred Trenkler writes LETTER  to Governor Deval Patrick to ask for his assistance in achieving justice. (Click for REKEYED LETTER.)

Excerpts from the letter....

   "I am, however, totally innocent of the crime I was convicted of....

    Governor Patrick, this case is a travesty of justice. Two innocent men have been wrongfully convicted while the actual perpetrator(s) remain in freedom. From all that I have read, the Boston Police were on the right track. They had evidence that pointed in a total[ly] different direction complete with proven motive and intent, a prediction from the original prime suspect in this bombing right down to the time, place, which one of the several possible cars and the actual location of the bomb's placement under the driver's seat.

    It is time to properly solve this case. I deserve to get what's left of my life back. The victims, my family, the City of Boston all deserve to know the truth. The evildoers have yet to pay for their misdeeds. The innocent have suffered long enough...."

5 December 2008. Tom Shay writes LETTER  to his former attorney and now a Federal District Court Judge, Nancy Gertner.

Excerpts from the letter....

    Judge Gertner, you sent a clear message to the F.B.I in the Salvati case. I don't know what risk you'd be taking if you acted in any way on our behalf. But I implore you to think about it. Pray about it, as a judge, as a human being you want to see justice served. But in the eyes of law enforcement of which some apples may be bad, what cost, what is more valuable than the truth? Certainly not lies, certainly not questionable witnesses, tactics, coercion, falsified documents, and perjury.

   I was my own worst enemy in the lips I moved for the obvious bittersweet attention I received. Is it too late to save my soul? Is it too late for justice to be served, wrongs righted and peace given to those who most deserve it?

 

5 December 2008.  Alfred Trenkler filed an Addendum to his 2255 Motion to present two matters to Judge Zobel's attention.

     First, Alfred learned that there were speed bumps at the Chelsea Soldiers' Home where Thomas L. Shay allegedly drove on Sunday, 27 October with a bomb underneath his car, and without dislodging that bomb.

     Second, Alfred forwarded to Judge Zobel a copy of a letter to Judge Zobel from a third juror in his case.  Like the first two letters, the third juror believes the 1993 verdict was incorrect and she asked Judge Zobel to correct this injustice.

4 December 2008.  Milton Cable TV will show an interview with David and Jack Wallace and Morrison Bonpasse on Friday, Saturday, Sunday, 5,6 and 7 December at 9:00 p.m. and Tuesday, 9 December at 9:30 on Channels 8 and 22.

    The interview is now available on YouTube at:

     http://www.youtube.com/watch?v=SQ5VUov8x2o

The Milton Cable TV program is "Milton Talk of The Town" hosted by Brian Kelley.

30 November 2008 Thomas A. Shay writes to Governor Deval Patrick and former TV journalist Karen Marinella for help.  Click for Original Letter to Governor Patrick and for Rekeyed Copy.  Click for Original Letter to Karen Marinella and for Rekeyed Copy

In his letter to Governor Patrick, Shay wrote:

      "As a human being, I am asking you not to just open your heart, but also your mind.  You must realize that things are not adding up to Guilt, but  to doubt.  Not only do Alfred Trenkler and myself deserve exonerations but Officer Jeremiah Hurley and Officer Francis Foley deserve justice."

18 November 2008. Alfred Trenkler writes LETTER to Judge Zobel asking that she not make her ruling on his entire 2255 motion until he submits another Addendum shortly.

5 November 2008  Alfred Trenkler appeals his resentencing without a hearing by Judge Rya Zobel.  See NOTICE OF APPEAL

The notice states simply....

    The Defendant Alfred Trenkler hereby gives notice of his appeal to the United States Court of Appeals for the First Circuit of the district court's denial of his motion for a hearing on remand and to appear at his resentencing, the district court's order reinstating its March 10, 1994 judgment and sentence, and the district court's newly reimposed sentence of concurrent terms of life imprisonment on Counts 2 and 3 and a term of 60 months on Count 1, concurrently with Counts 2 and 3, all issued and entered on the docket on October 30, 2008.

30 October 2008.  Following the Mandate of the First Circuit Court of Appeals, Judge Rya Zobel reinstated Alfred Trenkler's 10 March 1994 double life sentence.

   See her ORDER.

24 October 2008.  U.S. Attorney seeks summary resentencing of Alfred Trenkler without his appearance in Federal Court, in order to avoid having public hear Alfred Trenkler again proclaim his innocence.

See Alfred Trenkler's 10 October "Motion for a hearing on remand and Motion to Appear at Same" and "Government's Response to Defendant's Motion for a Hearing on Remand and to appear at Same" and Government's proposed order by Judge Zobel: ORDER

23 October 2008.  Alfred Trenkler files Addendum to Trenkler's 2255 - Evidence that has come to light subsequent to Petitioner Pro Se Trenkler's July 21 2008 Addendum"   Included in that Addendum was a copy of the LETTER from the second juror (See below, 3 October.)

22 October 2008.  Thomas A. Shay writes LETTER to Judge Zobel regarding the death of Josephine Wallace and his own innocence and that of Alfred Trenkler. (See also, REKEYED VERSION    of letter.)

Excerpt from his letter....

"Your Honor,

Alfred Trenkler is an innocent man. It is because of lies, stories I made up, stories, lies, that today he sits behind bars. It is because of my mental instability, these same lies, imprisoned me for 14 years.

Your Honor, With everything I am today, every word I speak is a truth, the truth, to tell you, and others that the criminal justice system in the form of the ATF and the U.S. Attorneys office, took advantage of my attention seeking mental illness and use it like as in a chess game, with ATF Agent Kerr asking if

Alfred had made a surprise and Prosecutor Kelly saying how much attention I would derive on TV if I told about a surprise. These lies became evidence, and two wrongful convictioins. Lies your honor. Lies for attention and the real perpetrators in this case are free. Please give this some thought. We are human beings."

 

14 October 2008.  Tom Shay has earned certificates for several courses taken in the Memphis Federal prison.

The courses are:  DramaJournalismScreenwriting, and Study Skills.

3 October 2008.  A second juror in Alfred Trenkler's 1993 trial has written a LETTER to Judge Rya Zobel with a request for justice for Alfred Trenkler and Officers Hurley and Foley.

Excerpts from the letter....

   " Recently I have received and reviewed information on the Alfred Trenkler case that I originally saw and heard while serving as a juror on that case. The doubts I had at the time have now come to fruition....

     I do not believe Mr. Trenkler has had justice given nor do I believe that Officer Hurley and Officer Foley had had their cases solved. These two brave men, one who gave his life and one severely wounded, deserve to have the person who committed this crime brought to justice and punished.

     Seeking justice, I believe that Mr. Trenkler's appeal for a new trial should be heard and carried out."

[The juror's name is withheld at the juror's request.]

25 September 2008.  Alfred Trenkler writes LETTER about David Lindholm's nefarious role in Alfred's wrongful conviction.  (The letter is a rekeyed version of a letter to a person very interested in justice in the case.)

His letter concluded...

    "Bottom line, Lindholm is a liar.  I never told him I made the 91 Bomb. Why would I tell someone I did something if I didn't do it and why would I tell everyone else under the sun I was innocent?"

 

24 September 2008.  The First Circuit Court of Appeals denies Alfred Trenkler's Petition for a Rehearing of his resentencing appeal.

The Court said simply in its ORDER OF COURT.....

Pursuant to First Circuit Internal Operating Procedure X(C), the petition for rehearing en anc has also been treated as a petition for rehearing before the original panel. The petition for rehearing having been denied by the panel of judges who decided the case and the petition for rehearing en banc having been submitted to the active judges of this court and a majority of the judges not having voted that the case be heard en banc, it is ordered that the petition for rehearing and petition for rehearing en banc be denied.

By the Court:

 

23 September 2008 Thomas A. Shay files MOTION to supplement his appeal of the denial of a Certificate of Appealability.  The Motion was written by Shay's Legal Advisor Advocate, Jerry Bryson.

The docket entry reads:

   SUPPLEMENT to motion for CAP filed by Thomas A. Shay entitled Motion Requesting Permission to Submit Additional Documentation/Affidavits to Appellant's Application for Certificate of Appealability with Appendices attached. Certificate of service dated 09/17/2008

Included in the motion is a 17 page Affidavit by Thomas A. Shay.  Asked if he had any role in the 1991 Roslindale Bomb, Shay responded, "Absolutely Not."

12 August 2008.  Alfred Trenkler files Petition with First Circuit for hearing by Full Court on his resentencing appeal. 

    Among other issues, Trenkler firmly asserted his claim of "actual innocence" and that the three judge panel First Circuit knew of that claim prior to its 1 July order reinstating his double-life sentence. (See 1 July below.)

13 August 2008. Alfred Trenkler files LETTER, forwarding 3 May 2008 letter of Morrison Bonpasse to the U.S. District Court.

      The letter was addressed to Judges Michael Boudin (Chief Judge), Frank Coffin (retired), Norman Stahl and Juan Torruella of the Court of Appeals for the First Circuit and Judges Mark Wolf (Chief Judge), Nancy Gertner, Edward F. Harrington, Douglas Woodlock and Rya Zobel of the U.S. District Court, with copies to U.S. Attorney Michael J. Sullivan, Asst. U.S. Attorney Timothy Q. Feeley and to Alfred Trenkler and Thomas A. Shay.

     The letter addressed four matters:

1. Tom Shay and his in forma pauperis application.

2. Fraud on the U.S. District Court.

3. Fraud on the 1st Circuit Court of Appeals.

4. Other evidentiary problems in the case.

   The letter concluded, "If you were in my position, as a retired member of the bar utterly convinced of the innocence of two men convicted in the U.S. District Court, what would you do?"

   There has been no response, to date, from any of the addressees to the letter regarding its merits.

7 August 2008. Tom Shay files "Motion Requesting Permission to File a Second Amendment to Appellant's Certificate of Appealability on the Grounds of Newly Discovered Evidence"

   Written by Legal Advisor Advocate, Jerry Bryson, the Motion focuses on the discovery, by Tom Shay, that the Radio Shack had no corporate record of the infamous 18 October 1991 Radio Shack Receipt.

An excerpt from the motion....

   "Appellant has clearly shown that he is actually innocent of the crime charged, [and] that it's further clear that a jurist of reason would find the Appellant not guilty had this evidence been found at the time of Appellant's original trial."

3 August 2008. As an Addendum to his 19 October 2007/9 NOvember 2007 Habeas Corpus Motion, Alfred Trenkler files LETTER in U.S. District Court with O'Brien affidavit and letter from Jury foreperson.

     The 1995 Affidavit by Edward J. O'Brien, attorney for John J. Shea, revealed the promise of assistance to his client from Assistant U.S. Attorney Paul Kelly.

     The 2008 letter to Judge Zobel from the foreperson of the jury in Alfred Trenkler's case states her belief that the conviction was a mistake and that Alfred Trenkler is innocent.

1 August 2008.  The First Circuit Court of Appeals orders Alfred Trenkler's original double-life sentence re-instated.  See OPINION and one page JUDGMENT 

The judgment stated simply:

    "This cause came on to be heard on appeal from the United States District Court for the District of Massachusetts and was argued by counsel.

    Upon consideration whereof, it is now here ordered, adjudged and decreed as follows: The district court order granting the writ of error coram nobis is reversed, the writ is quashed, and the case is remanded to the district court with directions to vacate the amended judgment in the criminal case and reinstate the original sentence."

22 July 2008.  Thomas A. Shay files a four page "Motion Requesting Permission to Amend Appellant's Application for a Certificate of Appealability"

Prepared by Legal Advisor Advocate, Jerry Bryson, the Motion concludes...

    "Appellant contends that due to the fact the supervised release violation consisted of a new judgment in this case, and the violation was in fact based on the underlying 1998 conviction, the Appellant should not be time-barred under the (ADEPA)

    Appellant further contends that due to this error, Appellant prays that this Honorable Court  will Remand this case back to the District Court with instruction to review the Appellant's 28 U.S.C. ss 2255 on its merits.

   [Click on PHOTO for photo of Tom Shay and Legal Advisor Advocate, Jerry Bryson, the man who has been assisting Tom Shay with his legal briefs.]

30 June 2008.  Thomas A. Shay files "Application for a Certificate of Appealability" with the First Circuit Court of Appeals. 

The impressive 28 page document, prepared by Legal Advisor Advocate, Jerry Bryson, begins...

   "Petitioner appeals pro se from the district court judgment that denied petitioner's motion to vacate his sentence under 28 U.S.C. ss 2255.

   Petitioner files this Memorandum in support of his certificate of appealability. See, Fed.R. App. P.22(b)"

9 June 2008.  The First Circuit Court of Appeals, Judge Jeffrey Howard, denied Tom Shay's Motion for Appointment of Counsel.

  The ORDER stated simply, "The motion for appointment of counsel is denied."

1 June 2008.  Circuit Court of Appeals to hear Alfred Trenkler resentencing appeals at 9:30 on 4 June. See Court CALENDARING ORDER.   See also, Alfred Trenkler MEDIA RELEASE.

The release begins...

     On Wednesday, 4 June, the U.S. Court of Appeals for the First Circuit will hear the appeal and cross-appeals of the April 2007 resentencing of Alfred Trenkler to 37 years in prison. He was originally sentenced in 1994 by U.S. Federal Judge Rya Zobel to two life terms in prison for his alleged role with the Roslindale Bomb which killed Boston Police Officer Jeremiah Hurley and maimed Officer Francis Foley in 1991.

30 May 2008. Alfred Trenkler writes LETTER presenting his views of the case and his wrongful conviction.

His letter begins...

   "First and foremost, from the bottom of my heart, I had absolutely nothing to do with the Roslindale bombing in any way, shape, or form. Yes, I met Thomas A. Shay(Tom). Yes, I gave Tom Shay my pager number, and yes I attached two batteries and a switch to the 1986 Artillery Simulator. I'll be the first to admit that it is a convenient set of circumstances, but that's all they are.

    I have protested my innocence since day one when everyone came knocking at John Cates' door at 11 p.m. on November 5th, 1991. Any time police or Federal agents were around me, I did the same. The day I was arrested at the Morrissey Boulevard stop light on 16 December 1992, I stated to the officers that they were arresting an innocent man. Arriving at the Federal courthouse that same day I stated to television reporter, Charles Austin, that "they" had the wrong man."

 

30 May 2008.  Tom Shay files Motion for Appointment of Counsel with the Court of Appeals for the First Circuit.

    In the Motion, Tom Shay states, "Defendant's appeal for appointment of counsel is also, in part, part of the reasoning for the appeal itself, as the Defendant's proven mental inabilities and incapacitations limit his basic knowledge and understandings of any legal knowledge and or abilities to associate a concise legal defense."

29 May 2008. Tom Shay is returned to the Memphis, Tennessee Federal Prison from the Worcester County House of Correction. 

     He will likely serve the rest of his violation-of-probation sentence at Memphis and then be returned to the Worcester County House of Correction to serve the six month sentence he was recently given. (See below, for 13 May 2008)

13 May 2008. Thomas Shay is returned the East Brookfield District Court in Mass. and sentenced to six months in prison for the same incidents in Spencer, Mass. which led to the revocation of his Federal probation and sentence to an additional 33 months in Federal prison.

13 May 2008. Thomas Shay files Motion with the Court of Appeals to request an additional 45 days to obtain the money to pay the $455 filing fee.

4 May 2008.  First Circuit Court of Appeals again denies Thomas A. Shay the ability to proceed in foma pauperis

   The court's ORDER gave T.A.Shay until 15 May to pay the $450 filing fee, even though he has no income and no assets and has relied in prison on the charity of friends to purchase necessities and stamps.

[In partial response, Morrison Bonpasse wrote a LETTER to judges of the First Circuit Court of Appeals and of the U.S. District Court urging reconsideration. The letter also brought to their attention issues from the case which are explored in the book (manuscript), Perfectly Innocent.]

 

28 April 2008. Assistant U.S. Attorney Timothy Feeley is nominated by Governor Deval Patrick to become a Massachusetts Superior Court judge. 

   A Boston Globe article, "Governor makes 3 judicial nominations," reported that "A prosecutor on the team that won a conviction against shoe bomber Richard Reid has been nominated to be a state Superior Court Judge. Timothy Q. Feeley, 58 of Marblehead, has served more than 17 years in the U.S. Attorney's office, rising to chief of the office's Major Crimes Unit."

[Timothy Feeley is now the lead Asst. U.S. Attorney working to preserve the wrongful convictions of Alfred Trenkler and Thomas Shay.  He has declined to discuss the case with Morrison Bonpasse, author of Perfectly Innocent, and has not indicated an interest in reading about how the two men were wrongfully convicted. Neither he nor any other prosecutor in the Office of the U.S. Attorney for Massachusetts has offered any refutation of any of the facts presented in that book, nor of the facts presented on this website.]

8 April 2008. Bureau of Alcohol Tobacco & Firearms responds with LETTER to Alfred Trenkler's FOIA request with documentation showing complete destruction in 2005 of evidence in Roslindale Bomb Case.

   One summary comment, with a "log date" of 29 March 2006, stated, "On or about October 17, 2005 AUSA Lang and Pelgro advised GS [name blacked out] that all property related to the Roslindale Bombing could be destroyed." 

   All the enclosed "REPORT OF DESTRUCTION" pages gave 19 December 2005 as the destruction date, at the Wheelebrator Incinerator at Saugus.

8 April 2008.  First Circuit Court of Appeals issues an ORDER  to Thomas A. Shay, regarding his appeal.

Inter alia, the Order stated....

    "Accordingly, appellant must either pay the docket fees - a total of $455.00 - to the Clerk of the District Court or file a compliant request for in forma pauperis status before the Court of Appeals...."

8 April 2008.  Judge Rya Zobel issues ORDER again denying Thomas A. Shay permission to proceed in forma pauperis.

The order concluded....

    "Although the ending balance for this period was $170.96, the deposits to the account during this twenty-day span were $810.91. The papers explain neither the source of these funds nor the availability of additional monies.  Based on this contradictory record I am not persuaded that petitioner is unable to pay the filing fee of $455.00."

3 April 2008.  First Circuit Court of Appeals issues an ORDER transmitting Tom Shay's Motion to proceed in forma pauperis (without funds) back to Judge Zobel's District Court.

The order concluded....

   "The district court, if it denies the motion, is requested to state its reasons in writing. Fed. R. App. P. 24(a)(2).  If appellant is not granted in forma pauperis status by the district court, he may file a motion to proceed in forma pauperis in this court, provided that he do so in accordance with Fed. R. App. P. 24(a)(5)."

14 March 2008. After receiving an Order supporting his right to appeal his case, Thomas A. Shay filed a Motion to Proceed in forma pauperis - i.e. without the funds to pay for counsel or court filing fees.

 The First Circuit's Docket Entries are:

2/19/08 ORDER entered directing appellant to file a request for a certificate of appealabilty in this court. Date of denial by district court: 1/3/08 CAP Memo due 3/4/08. [07-2764] (dona)

3/14/08 PRO SE LETTER/MOTION filed by Appellant Thomas A. Shay to proceed in forma pauperis. [07-2764] (myra)

12 March 2008. Tom Shay has been transferred to the Federal Correctional Institution in Memphis, Tennessee. 

    It's expected that he'll remain there until his December 2009 release. His address is:

THOMAS A. SHAY, #19193-038

FCI MEMPHIS, Unit Delta - B
P.O. BOX 34550
MEMPHIS, TN 38134

11 March 2008. Alfred Trenkler files FOIA (Freedom of Information Access) Requests with U.S. Attorney's office in Boston and ATF.

    After learning in late 2007 of the intentional destruction of the evidence in the Roslindale Bomb case in 2005 and 2006, Alfred Trenkler has filed FOIA requests to learn more about what was destroyed and who authorized such destruction.

26 February 2008.  Tom Shay has been transferred to a Federal Prisons Transfer Center in Oklahoma City, Oklahoma. 

    It's unknown why he was transferred out of the North East Region, where he's been incarcerated since being recommitted in August 2007.  Although he expects to be transferred to a final destination soon, his mailing address is

     THOMAS A. SHAY, #19193-038

        FTC  OKLAHOMA CITY
        P.O. BOX 898801
        OKLAHOMA CITY, OK   73189

 

20 February 2008.  Jack Wallace, stepfather of Alfred Trenkler, writes LETTER  to Judge Rya Zobel on 31 January, and filed in court on 5 February.

  Regarding the April 2007 disposition of his 2006 Motion to reveiw evidence, Jack wrote.....

    "Neither Alfred nor I ever received notice of your denial on April 12, 2007.  We did not learn of your denial until we received the Government's opposition to defendant's motion to review the trial evidence on January 8, 2008....

     Now we find out that the U.S. Attorney, Michael J. Sullivan, Acting Director of the ATF since August 2006, authorized the ATF to destroy the evidence in Alfred's case which they did in October, 2005 and February 2006....

     Alfred Trenkler is completely innocent of the horrible crime he ws convicted of - it is a miscarriage of justice that he is incarcerated for a crime he did not commit.

20 February 2008. Judge Mark Wolf responds to Tom Shay letter to him (see 25 January, below), by referring letter to Judge Zobel.

    The docket entry for Case 1:07-cv-11752-RWZ, reads, " Judge Chief Judge Mark L. Wolf: ELECTRONIC ENDORSEMENT re 28 Letter/request (non-motion): "As this relates to a case before Judge Zobel, this letter is hereby REFERRED to her." (Boyce, Kathy) (Entered: 02/20/2008)"

19 February 2008. Alfred Trenkler has more visitors at Devens in two weeks than in all of 2007 at Allenwood.

  So far, his parents have visited once and his brother and sister-in-law have visited, and visitor forms are being sent to others.  It makes a difference to be much closer to home.

11 February 2008.  Tom Shay has been moved from FCI McKean to Lewisburg Prison, probably for further transportation to another prison.

10 February 2008.  Alfred Trenkler's new U.S. Mail address:

      Alfred Trenkler, #19377-038

      Federal Medical Center (FMC) Devens

      P.O. Box 879

      Ayer, MA 01432

8 February 2008. Thomas A. Shay is transferred to Lewisburg Federal Prison, in the HOSP-3 unit.

   He awaits transfer to another prison. The HOSP-3 unit is the same unit where Alfred Trenkler was housed between Allenwood and Brooklyn, NY, while on his way to Devens, Mass. Tom's address is: Thomas A. Shay, #19193-038, USP Lewisburg HOSP-3, P.O. Box 1000, Lewisburg, PA 17837.

7 February 2008 Alfred Trenkler is moved to  FMC (Federal Medical Center) Devens in Devens, Massachusetts, formerly the site of Fort Devens.  Also at FMC Devens is a satellite prison camp for minimum security inmates.

  The Bureau of Prisons website says of FMC Devens:

The Federal Medical Center (FMC) Devens is an administrative facility housing male offenders requiring specialized or long-term medical or mental health care. FMC Devens also has a satellite camp housing minimum security male inmates.

FMC Devens is located in north central Massachusetts, approximately 39 miles west of Boston and 20 miles north of Worcester, on the decommissioned military base of Fort Devens.

6 February 2008. Alfred Trenkler has been transfered from Lewisburg to the Brooklyn Metropolitan Detention Center, for probable transfer to another prison.

5 February 2008.  Alfred Trenkler is transferred to Lewisburg Federal Penitentiary

   After his resentencing hearing in April, where his double-life sentence was reduced to 37 years. (His new release date is 7 July 2025, when he will be 69.) Alfred expected to be transferred to a different prison, perhaps with a lower security grade.  In January, he was told to pack his bags and he's been waiting since.  It's still not confirmed that Lewisburg is his final destination, but it seems likely. 

  It was hoped that he would be transferred to a prison in New York which is closer to Massachusetts.

25 January 2008. In a 23 January docket entry, Judge Rya Zobel denies Alfred Trenkler's Motion for Extension of Time to file response.

   The reason for the denial was that she had already denied the Government Motion because it was moot (see below, at 22 January 2008), and thus there was no need to approve an extension of time for Alfred to respond to a Denied Motion.

The docket entry:

01/22/08  Motions terminated (moot) as to Alfred W. Trenkler. (716) Motion

              for Extension of Time to 3/17/08 to File opposition filed by Alfred W.

                 Trenkler. (Johnson, Jay) (Entered: 01/23/2008)

(716 is the docket number for Alfred's Motion for Extension of Time.)

25 January 2008.  Court files on 22 January Alfred Trenkler Motion for Extension of Time to respond to Government's Motion for Leave to File Late Response.

   Alfred asked for more time to respond because his personal belongings are mostly packed in anticipation of a move to another prison and because the legal issues were complex.  He did not know, of course, that the Government's Motion had already been denied (See below, at 22 January)

25 January 2008.  Tom Shay writes  LETTER(barely legible) to Judge Mark Wolf regarding ATF destruction of evidence in Roslindale Bomb case.See REKEYED COPY OF LETTER

Excerpt from the letter....

    1. How can the U.S. Attorney Destroy case evidence while the same case is still in Appeal?

     2. How can someone in stature of the U.S. Attorney have authority to conceal evidence or Destroy it while in the attempt to change positions of authority from U.S. Attorney to Director of the ATF, the same Attorney Posts of ____ appeal is based on?

     3. Who has the deciding factor to make these decisions?

 Thank you for your help _____ this matter.

23 January 2008. Tom Shay writes LETTER(rekeyed copy here) to Judge Rya Zobel.
Excerpts from the letter...

    "5. The Defendant was recently informed that the U.S. Attorney ordered the Destruction of case evidence. The Defendant wishes to acknowledge from the court, how, during and in open, in progress of two Defendant Appeals, after which it was alleged that DNA evidence was present, a U.S. Attorney and future holder of the Position of another law enforcement agency, could direct to have evidence destroyed which would have proven in conflict of that law enforcement agency.

     6. Why was it allowed to have the evidence destroyed while appeals, which could lead to new trials, and the evidence lead to the innocents [sic] of both defendants?"

22 January 2008.  Judge Rya Zobel denied on 8 January the Government's Motion for Leave to File Late Response saying that it was "moot" because she had already denied Jack Wallace's Motion to Examine Evidence in an enty in the docket of the case 1:07-cv-11823-RWZ on 12 April 2007. Both docket entries, pasted below, stated that Judge Zobel gave her ORDER's by "endorsed" copies of the Motions denied, but the copies on the District Court's Website (PACER system) do not show the Judge's handwritten endorsement or denial.

4/12/07  Judge Rya W. Zobel : endorsedORDER entered denying 672 Motion for

               Order to review evidence as to Alfred W. Trenkler (2) (Urso, Lisa)

               (Entered: 04/12/2007 )

1/8/08    Judge Rya W. Zobel: endorsedORDER entered denying 715 Motion  

                for Leave to File; as to Alfred W. Trenkler (2) as moot. The court

                denied the underlying motion (#672) on April 12, 2007 . (Urso, Lisa)

                (Entered: 01/10/2008 )

(Neither Jack Wallace nor Alfred Trenkler ever received a copy of the 12 April 2007 Denial of their Motion to Examine Evidence.  A Court Clerk stated to Jack Wallace on 24 January 2008 that Notices of the Denial were sent to Alfred's previous attorneys, Morris Goldings(who had long since been disbarred and sent to prison and released) and James Sultan.)

19 January 2008.  Newsletter #21 of Alfred Trenkler Innocent Committee.

   The newsletter is an update of courtroom and other activity on behalf of Alfred Trenkler and Thomas A. Shay.  Almost all of the news in the newsletter is already on this website.

  

17 January 2008.  Alfred Trenkler files REBUTTAL TO GOVERNMENT'S RESPONSE

   Alfred Trenkler argues that the Government has wrongfully withheld exculpatory evidence and that wrong has now been compounded by the Government's recent admission that it had destroyed the evidence in the case.

10 January 2008. Government Responds to Jack Wallace's Motion to Examine Evidence with a Motion for Leave to File Late Response and Motion in Opposition to Motion to Examine Evidence

Excerpt from the Motion in Opposition...

    As grounds for this opposition, the government states, as explained below, that this Court lacked jurisdiction to grant the requested relief when the motion was filed, and, in any event, the motion is mooted by the destruction of the trial evidence before the filing of the motion.

    1. Trenkler cites no authority in his motion for the relief

he requests. At the time the motion was filed in June 2006, no post-judgment §2255 attack on his conviction (or any other collateral challenge) was before this Court. Accordingly, this Court was without jurisdiction to consider or grant Trenkler's motion.

     2. In October 2005, with no collateral attack on Trenkler's

judgment pending or reasonably anticipated by the government, and ten years after judgment became final for §2255 purposes (on October 16, 1995, 90 days after the affirmance of Trenkler's judgment on direct appeal), and the new trial filing period having long before expired, the United States Attorney's Office authorized ATF to destroy the evidence in this case. The trial evidence Trenkler asks to review was destroyed in October 2005 and February 2006, well before the filing of the instant motion.

 

3 January 2008. Judge Zobel denies with an ORDER Thomas A. Shay's Motion for Certificate of Appealability (See 26 December 2007, below)

Her order states:

   "Petitioner's motion under 28 U.S.C. 2255 was denied because it was filed too lae.  Because the decision was mandated by statute and because I cannot discern any room for disagreement, the motion is denied."

2 January 2008. Thomas A. Shay files Motion/Letter with First Circuit Court of Appeals

From the Docket Summary...

"PRO SE MOTION/LETTER filed by Appellant Thomas A. Shay requesting copies, new counsel, an extension to file forms and to be absolved of the requirement to send forms to the other parties."

26 December 2007. Thomas A. Shay files Motion for Certificate of Appealability with District Court Judge Rya Zobel.

The motion reads:

   "Here comes the Defendant in the above captioned matter, motioning the court for said certificate, requested by the Court of Appeals. The Defendant needs the certificate to appeal and set forth.

   Thomas A. Shay"

21 December 2007.  Alfred Trenkler files Request for Extension of Time to respond to Government filing.

Excerpts from the Request....

   In support of this motion, the Petitioner states the following:

1.) Complexity of the Government's response combined with pro se Petitioner's limited law experience warrants an enlargement of time to study and rebut the Government's response.

2.) Due to required prison work schedule, Petitioner is limited to access to the prison law library and is further limited in the time needed to physically write a rebuttal.

3.) 2255 Application instructed not to discuss cases or laws, Government's response requires Petitioner to rebut lebal arguments necessitating further legal research by Petitioner.

4.) Petitioner is further hampered by the upcoming holiday schedule at which time the law library is also closed.

   For these reasons, the Petitioner asks that this court grant this motion to allow Petitioner until January 15, 2008 to file its rebuttal to the Government's Response/Opposition to Petitioner's 2255 Motion.

14 December 2007.  Assistant U.S. Attorney Timothy Feeley filed RESPONSE to Alfred Trenkler's Motion to Vacate Judgment.

  The RESPONSE begins....

  "The goverment hereby opposes the motion filed by petitioner Alfred W. Trenkler ("Trenkler") in which he invokes 28 U.S.C. 2255 and asks this court to vacate, set aside or correct the sentence imposed on him by this Court over thirteen and one-half years ago, on March 8 1994. Among the many failings of his motion is a fundamental defect: relief under 2255 is not available to a petitioner like Trenkler, who claims factual innocence based on newly discovered evidence, but without related claims of constitutional violations...."

[On page 21, AUSA Tim Feeley notes that the evidence in this case was destroyed by ATF, with the authorization of the U.S. Attorney's office in October 2005 and February 2006.  Also, on page 18, AUSA Tim Feeley refers to Alfred Trenkler as the "poster child for Justice Harlan's concerns [1971] of endless post-judgment litigation."  Actually, Alfred should be termed the poster child of wrongful convictions and of Justice John Paul Stevens' comment, in the context of DNA exonerations in death penalty cases, "It indicates that there must be serious flaws in our administration of criminal justice."]

12 December 2007. Tom Shay is sending LETTERS to as many people as he can with "SUBJECT: The Innocence of Alfred Trenkler and Tom Shay, regarding the 1991 Roslindale Bomb."

   Excerpts from the form letter...

     "I'm here to share a story with you, a story not about myself, but about a man who has been in prison for 14 years for a crime he did not commit....

     How do I know that? The Prosecutors said that I am the man he conspired with.

     I knew Alfred Trenkler for fewer than 8 hours. Just like any other good citizen, he gave me a ride on the five occasions I saw him: from Boston, back to Quincy, the town we both lived in. Five rides over a period of less than 90 days and a man who had everything in life looking up and going good for him, lost it all for being courteous. One ride was offered, the other four I asked for....

     Your time may not be free, but an innocent man has spent 14 years trying to ask you to listen, and if you're willing to listen, it may be the positive power Alfred Trenkler needs to help place into motion the truth and justice he deserves."

10 December 2007.  Tom Shay receives Letter from Warden with explanation of his 23-hour a day confinement to his cell in the "Special Housing Unit" (a new euphemism for "super max")

    Excerpt from the letter from Warden M.J. Marberry at FCI McKean...

   "...You were placed directly in the special housing unit due to information received prior to your arrival indicating you shjould not be placed in general population for safety and security concerns..  The Special Investigative Supervisor has concluded an investigation and has determined you can not be housed in our general population...."

7 December 2007. Tom Shay files Motion for Assistance of Counsel in his Appeal

An excerpt for the motion...

  "It is the basis for this appeal that at the time of his plea agreement in 1998 that he was unable, not legally discharge to ... sign any contract which he heard voices and told his lawyers this during the hearing."

26 November 2007. Thomas A. Shay files a "NOTICE OF APPEAL" with the U.S. District Court.

Excerpts from the Notice....

   Here comes the defendant, in the mater set forth, a notification to the court, the U.S. Court of Appeals, to start appellate matters.

   The Defendant further motions the Court of Appeals to appoint counsel to represent his interests as he is unable and mentally incompetent to do so, a further justification of the appeal itself...."

26 November 2007.  Thomas A. Shay writes a LETTER  to U.S. District Court Judge Zobel after she dismissed his 2255 Motion to Vacate his 1998 Guilty Plea.

Excerpts from the letter...

  "I have only one specific question for you. 

   How are people, who are mentally ill, suppose[d] to, or be eligible for legal assistance, which is not corruptible, in essence be able to understand and make the necessary decisions in legal standing, through legal ways and rules, and have the knowledge to act upon those procedures in a timely fashion, but still be in a state of mental discord?"

   In form, how is a person deemed, as you put is, 'a sick man' suppose[d] to be able to defend himself if he's irreparable or just living without direction?"

16 November 2007. The U.S. District Court issues JUDGMENT dismissing Tom Shay's Petition to Vacate his 1998 guilty plea.

   "In accordance with the Court's ORDER; Judgment is entered dismissing the petition."

13 November 2007.  Tom Shay files "Response Motion to Government's Brief"

Excerpt from the Motion....

    "The Defendant makes a legal claim, that in October of 1988 [sic, 1998], he did tell his lawyers via telephone, while they were in presence of family members, mother & two sisters, that he the Defendant is innocent."

9 November 2007.  Alfred Trenkler files Amended 2255 Habeas Corpus Motion.

    The Motion is an amended form of the Motion filed on 19 October 2007 (See below).  The grounds are the same, but Alfred added 25 pages in the Appendices.  Some of the additional pages related to the source of the two switch contacts found amidst the bomb debris.

9 November 2007. Judge Zobel denies Tom Shay's Motion to Vacate and his Request for Counsel. See her ORDER.

Excerpts from the order.....

  "... On September 19, 2007, Shay filed a “Motion Pro Se for Writ of Habeas Corpus and Motion to set aside 1998 Conviction Through Involuntary Guilty Plea” (#1 on the docket). The government has filed an opposition (#7) and petitioner, a response thereto (#14). Petitioner has also moved for the appointment of counsel (#15).

   First, the motion for counsel is denied.

   Second, treating his submission as a motion under 28 U.S.C.§2255, it is too late. The amendments to the statute that became effective in April 1997 provide for a one year limitations period from the date on which the judgment of conviction becomes final. 1 The relevant judgment was entered on November 9, 1998 and, not counting weekend days and holidays, the appeal period expired on November 23, 1998, nearly nine years before the instant motion appeared. While the statute provides for collateral attacks on the sentence on later dates under certain circumstances, e.g., the date on

which the right asserted was initially recognized by the Supreme Court, if

made retroactive to petitioner's case, none of these extensions apply in this case. See 28 U.S.C. § 2255, Shay simply asserts now and for the first time that his counsel after remand coerced him into pleading guilty and that the plea was involuntary. He cites no reason why this claim could not have been raised within the time allowed. See, e.g., Lattimore v. Dubois, 311 F.3d 46, 54 (1 st Cir. 2002) (strictly enforcing one-year AEDPA limitations period).

   Third, considering his petition as brought under 28 U.S.C. § 2241, it fails

because the savings clause of § 2255 cannot save petitioner. This is so because he cannot show that “the remedy by motion is inadequate or ineffective to test the legality of his detention.” That petitioner misses deadlines and time limits does not make §2255 either inadequate or ineffective. See United States v. Barrett, 178 F.3d 34, 50 (3rd Cir. 1999).  The motion is denied...."

8 November 2007.  Tom Shay sends LETTER to Judge Zobel re: Motion to Vacate

Excerpts from the letter.....

   "...Your honor, I made up so many lies, To Paul Kelly, the AFT, news media and inmates. Whenever I could glean attention, no matter what harm it would cause, I didn't care. I knew Alfred Trenkler for less than 12 hours. He never had a surprise, nor did I buy anything for him at Radio Shack or for anyone else. In October 18th of 1991, it was my mom's birthday. I was at a police officer's house named Scott Stanley who lived in New Bedford. He took me to a mall to buy two cats for my mother's birthday. She had just turned 47...."

5 November 2007. Tom Shay PETITIONS Judge Zobel to appoint counsel for his Motion to Set Aside his 1998 Guilty Plea. 

Excerpts from the Motion....

  a. The most important claim is that the defendant could not willingly sign a plea agreement while in unfil mental capacity....

   d. The [plea] agreement must be vacated. Must be marked null and void, and a new trial granted.

3 November 2007.  Judge Zobel allocates time in an ORDER, until 16 November, for Tom Shay to file further papers in his Habeas Corpus Motion.  Also in this case, Tom Shay filed a request for a copy of a transcript and he filed a Response to the Government's reply.

29 October 2007 Tom Shay renewed Motion to Vacate  his 1998 Judgment is filed (23 October) For a better click pre-filed Motion to Vacate.

Shay's pro se Motion began...

   Defendant Thomas A. Shay motions the court to set aside sentence and conviction for new trial. To set aside plea agreement.

   a. No Defendant with mental instabilities, without a competency hearing, can willfully sign a plea agreement....

 

20 October 2007. Tom Shay has been relocated to McKean Federal Correctional Institution in Bradford, Pennsylvania. 

   Tom Shay was imprisoned in the McKean facility during his original sentence after his 1993 conviction. Since being moved from the Wyatt Detention Center in Rhode Island, he had been advised by the Bureau of Prisons that he was going to McKean.  His mailing address is:

         THOMAS A. SHAY, #19193-038

             FCI MCKEAN
             FEDERAL CORRECTIONAL INSTITUTION
             P.O. BOX 8000
             BRADFORD, PA  16701

19 October 2007. Alfred Trenkler files Habeas Corpus Motion with U.S. District Court to set aside his 1994 Verdict.  The Motion was filed in three parts:  "Main Document", "Exhibits, Part 1," and "Exhibits, Part 2."

   The six claimed grounds for habeas corpus are:

1. "Defense Expert observed fingerprint on bomb remains collected by the

     A.T.F."

2. "The Government posesses exculpatory, actual innocence evidence

    favorable to the defendant."  

3. "Bomb switch contacts do not match Radio Shack toggle switdh and match

     competitor's switch."

4. "Futaba remote control receiver could not operate after being armed for

     the time period claimed by the Government."

5. "Codefendant Shay states that Trenkler is innocent and that others are

     responsible for bomb."

6. "A witness in the Trenkler trial stated to two witnesses that significant

     portions of his testimony are untrue."

18 October 2007. Tom Shay files a MOTION with the U.S. District Court.

The Motion begins...

  "Defendant Thomas A. Shay motions the court to set aside the sentence and conviction [and] for a New Tiral. To Set aside Plead agreement.

a. No Defendant with mental instabilities, without a competency hearing, can wilfully sign a plea agreement...."

18 October 2007. Tom Shay writes an open LETTER to members of his jury.

He wrote:

   I am writing you to ask you if you would take a few moments to look at the Book and/or website concerning the Roslindale Bomb case. These words and information, had they been available during my trial, may have persuaded you to turn in a Not Guilty verdict. I must tell you that I'm innocent. I have served my sentence in this case and have no reason to lie or anything to gain, except for the truth. My co-defendant in this case is a man who fell through the cracks in a system that failed to prove him innocent, as he truly is. Your opinions and value insights would really help see justice prevail, for a man, Alfred Trenkler, where it has failed.

    I thank you for your time & help & patience into

    seeing justice succeed.

[Also see the REKEYED VERSION of the letter.]

 

17 October 2007. U.S. Attorney's Office files RESPONSE opposing Tom Shay's Motion to set aside his 1998 Guilty Plea. Response was docketed on 12 October.

   Written by Assistant U.S. Attorney Timothy Feeley, the Response argues that Tom Shay's Motion to set aside his Guilty Plea is time-barred or filed to late, and that his case does not meet the criteria for a exception to those requirements.

 

15 October 2007  Alfred Trenkler's Motion is docketed for an Extension of time to prepare his Motion to Vacate Sentence. (It was approved by Judge Zobel on 16 October.)

    The reasons given for the request were that:

1. He received the Court's 26 September order on 1 October

2. His work schedule in the prison industries program limits the time he has

    access to the Prison's law library,

3. He has no access to the Internet or a FAX machine, so he must rely on the

    U.S. Mail for receipt of Exhibits from others.

4. The anticipated Motion to Vacate Sentence is complex and requires

    additional time, as Alfred is preparing it himself, without having a designated

    attorney to represent him.

13 October 2007.  Discovery that Radio Shack sells the "#275-602" toggle switch in a different package, too: "#275-322."

    A major part of the prosecution's evidence in the Roslindale Bomb case was the identification of the toggle switch contacts as coming from a switch sold in a Radio Shack #275-602 package.  Recently, it was discovered that two of the same switches are also available in a 3-switch package, #275-322.  The third switch is the same heavier duty switch that is packaged individually as a #275-666. Thus, if the toggle switch contacts were purchased at Radio Shack at all, they could have come in a #275-322 package, which would invalidate the importance of the 18 October 1991 receipt for a #275-602.  What isn't yet known is whether the #275-322 package was available in 1991, or whether that "#275-602" switch was available as part of any other multiple packages.

   Also, it was discovered that the "#275-666" heavier duty switch has 4 identical contacts which seem to be exactly similar to one of the two contacts of the "#275-602."

11 October 2007.  U.S. Government files Motion for additional seven days to respond to Tom Shay's Motion to Vacate his 1998 Guilty Plea.  Also, Assistant U.S. Attorney Timothy Feeley filed an APPEARANCE for the Government.

An excerpt from the Motion...

   Although it appears clear that the petition is timebarred, as it was filed almost nine years after the October 29, 1998 plea and sentencing at issue, because the petitioner has alleged ineffective assistance of counsel, it may be necessary to seek to obtain an affidavit from counsel.

9 October 2007.  Version 9 of the manuscript of the book about the Roslindale Bomb case, Perfectly Innocent. in two parts: TEXT  and  APPENDICES.   Also the ENTIRE MANUSCRIPT

1 October 2007.  Letter sent to Judge Rya Zobel by Morrison Bonpasse about the publication of the manuscript of Perfectly Innocent.

An excerpt from that letter...

   "It has been sent electronically to Michael J. Sullivan, U.S. Attorney for Massachusetts, and to former prosecutors and defense counsel and the Boston Police Department for the explicit purpose of seeking corrections, suggestions and criticisms in order that future versions, and a possible commercially published version, will be as accurate as possible. The Bureau of Alcohol, Tobacco and Firearms has not yet accepted an e-copy, but I will send or bring a hard copy to them next week. Copies have been sent to the media and have been carefully offered to the families of the victims. In my letter to Mr. Sullivan, which is enclosed, I asked that he conduct an independent review of the entire case, hopefully with the assistance of an outside, independent lawyer or lawyers." 

[Judge Zobel responded personally and politely with a LETTER on 9 October that she would not be able to accept a copy of the manuscript.]

29 September 2007. Letter sent to Boston Police Department Commissioner Edward Davis asking him to review the case, beginning with an initial review of three easy-to-ascertain matters:

1. Owners of the 17 fingerprints on Mr. Thomas L. Shay's car.

2. Whether Michael Coady ever owned or possessed a 1977 or 1978 Thunderbird.

3. Whether David Lindholm's father went to Thayer and Milton Academies and Brown University.

  The letter closed with...

   I'm simply asking for a relatively easy pursuit of three pieces of the truth about this case involving the death of a Boston Policeman. If the information you find is as I've stated in Perfectly Innocent , I hope you would pursue other routes to the truth, and request that the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney's Office do the same.

   [and two closing paragraphs nearly identical to those of the letter, below, to Michael J. Sullivan.]

27 September 2007.  Tom Shay transferred to the Brooklyn, NY, Metropolitan Detention Center.

  From there, he will likely be moved to a Federal prison in New York or Pennsylvania, where he has previously served time.

26 September 2007.  Letter sent to U.S. Attorney for Massachusetts, and soon the national ATF Director, Michael J. Sullivan, requesting a full review of the Roslindale Bomb Case.

The letter closed....

   Finally, the Corbett, Foley and Hurley families have suffered terribly because of the Roslindale Bomb explosion in 1991, and they should have had closure to this case long ago. However, such closure cannot be gained at the price of wrongful convictions of two innocent men. The supporters of Alfred Trenkler also want closure. Together with the families of the victims, we can seek the truth, and that truth will bring the closure desired by all.

   Again, if you or any member of the Boston Police Dept. have any questions about any statement or fact in Perfectly Innocent please let me know, and it will be addressed and corrected, when necessary. Also, if you know of ANY facts which are not already in the manuscript which are relevant, regardless of where they lead, please let me know. My experience is that policemen often believe they know of much more incuplatory evidence than was presented in court. If you have ANY such evidence, please let me know, and provide it to me in a form that does not compromise the Dept. or whatever confidentiality is necessary. Please know what I've stated to several law enforcement people: If there is credible, undisputed, evidence that Alfred Trenkler had ANY involvement in the building of the Roslindale Bomb, then my pro bono work for him, and in pursuit of the truth in this case, will be done.

26 September 2007.  Version 8 of the manuscript of the book about the Roslindale Bomb case, Perfectly Innocent. was posted here, in two parts: TEXT and Appendices, but it's been replaced by Version 9. See above for 9 October 2007.

   The book tells how Alfred Trenkler and Tom Shay are perfectly innocent of any involvement with the Roslindale Bomb.  Copies are being sent to the media and to the prosecutors and investigators with a simple request: "Please give us your comments and feedback, and especially corrections."

14 September 2007 Tom Shay files a Motion with the U.S. District Court to set aside 1998 Guilty Plea.  The Motion is titled, "Motion Pro Se for Writ of Habeas Corpus and Motion To Set Aside 1998 Conviction Achieved Through Involuntary Guilty Plea"

The Motion States in part...

  "2. My guilty plea was voluntary and coerced.

   3. I advised my attorneys, Kathy B. Weinman and William H. Kettlewell, that I was innocent of all the charges in the indictment and that my co-defendant, Alfred W. Trenkler, was innocent as well, and that both of our 1993 convictions were wrongful convictions.

   4. My attorneys provided me ineffective counsel and coerced me into pleading guilty by:

   a. Not seeking and obtaining a psychological determination that I was competent to make such a plea. I had informed my attorneys that I was hearing voices and needed mental health care.

   b. Advising me that if I sought a retrial in my case that I could be sentenced to a longer term following the 1993 conviction than the 188 month original sentence, up to life in prison. I was even afraid of a death sentence. This advice violated the Constitutional Prohibition against such an increased sentence upon a retrial as determined by the U.S. Supreme Court in North Carolina v. Pierce 395 U.S. 711 (1969)...."

6 September 2007.  First Circuit Court of Appeals Certifies by ORDER, Alfred Trenkler's Habeas Corpus Petition to the District Court.

The court's order stated, in part...

   "... we must determine whether Trenkler has made a prima facie showing of newly discovered evidence that would show by clear and convincing evidence that a reasonable fact finder aware of such evidence would not have convicted him.

    Trenkler has alleged under oath new forensic evidence that, if established, could well be substantial (exculpatory statements by a co-defendant are less impressive)....

    In this case, we have determined to grant the certification, but without prejudice to summary resolution by the district court if further information required from Trenkler or tendered by the government so warrants.

    The motion for certification is granted.

(Alfred had claimed in his petition, [see 17 July Application, below] that the toggle switch from the Bomb Debris was NOT a Radio Shack toggle switch, and that the Futaba radio receiver had a much shorter shelf life than was claimed by the prosecution at trial. The next step for Alfred is to file a more complete claim with the U.S. District Court, i.e. Judge Zobel.)

 

20 August 2007. Tom Shay writes a letter to Michele McPhee of the Boston Herald

Excerpts from the letter

    ...As your paper has noted over the years, there have been numerous men who were convicted and sentenced and crudely written about. But in the end, were perfectly innocent...

    I did not conspire with anyone, much less Alfred Trenkler who is innocent, to kill or maim anyone, much less two police officers I had never met, nor was any evidence, otherwise untainted evidence, ever given to support those facts...

    I had nothing to do with the Roslindale Bomb incident....

[Click for a rekeyed version of the letter.]

19 August 2007.  Tom Shay writes a letter to the U.S. Attorney for Massachusetts.

Excerpts from the letter

    ...I have also since read reports that by pleading guilty, the plea implicates Alfred Trenkler, who is, in all facts, intents and purposes an innocent man. Although I have never been offered a polygraph test by the Government to show cause and fact of my numerous statements, I am a willing party to take part if only to clear my codefendant, a man who through clear coincidence, got tangled in a spinning web of lies and false evidence...

    I trusted the Judgement of my attorneys, to protect me. At that time I also did tell them that I am innocent and also said Alfred Trenkler was innocent also...

    At no time did I or Alfred Trenkler conspire to Build, activate, Purchase, or By any other means, In conversation, written or By any communication, or with any Intent, a Bomb, To kill, scare, or serve any other means, or Have anything to do with the explosion at 39 EastBourne Street...

    It may Be Too late To Say I am innocent, because laws and statutes don't allow me to Appeal. But I cannot stand by while Alfred Trenkler Hangs in the wind. He IS INNOCENT.

[Click for a rekeyed version of the letter.]

17 July 2007.  Posting of Alfred's 17 July 2007 "Application for Leave to File a Second or Successive Motion to Vacate, set Aside or Correct Sentence" to the First Circuit Court of Appeals.

   In this application, Alfred Trenkler stated as his grounds for the Application:

1. That codefendant Tom Shay now states that Alfred Trenkler is innocent,

2. The toggle switch contacts from the Bomb debris were not correctly identified at trial as being from Radio Shack, and that they really came from a competitor.

3. The defense's bomb expert, Denny Kline, had observed fingerprints on the electrical tape recovered from the Roslindale Bomb.

4. The actual Futaba receiver model from the Roslindale Bomb was older than was used at the trial for testing, and it consumed batteries in two hours, instead of the 22 hours as stated at his trial.

5. The Government possesses exculpatory evidence of Alfred Trenkler's actual innocence.

29 June 2007.  The New England Innocence Project has rejected, in a letter, Alfred's application for legal assistance. 

  The first reason for declining to accept the case was that Alfred is already represented by a lawyer, Joan Griffin, even though that representation is for the narrow issue of the appeals of the 4 April 2007 re-sentencing.  The second reason was that the New England Innocence project only accepts cases where DNA is likely to be present which can determine the innocence of the claimant to wrongful conviction. While there may be DNA amidst the layers of electrical tape found with the bomb debris, it's not a typical source of DNA such as blood or semen. It was thought that the New England Innocence Project was among those regional and state Innocence Projects which are now accepting non-DNA cases, but it is not.

   

28 June 2007. Alfred Trenkler has submitted "Questionnaire" application for assistance from the New England Innocence Project (NEIP).

    The NEIP will now be evaluating whether to accept his case.  Since its creation, the New England Innocence Project has contributed to the exoneration of 10 New Englanders.

They are: Marvin Mitchell, 1997; Neil Miller, 2000; Eric Sarsfield, 2000; Rodriguez Charles, 2001;  Eduardo Velasquez, 2001;  Kenneth Waters, 2001;

Scott Hornoff, 2001;  Dennis Maher, 2003;  Stephan Cowans, 2004;  Anthony Powell, 2004.

22 June 2007.  U.S. Bureau of Prisons calculates new release date for Alfred Trenkler: 7 July 2025.

  See the Bureau of Prisons "Inmate Locator" utility for the bare information it displays about Alfred Trenkler.

19 June 2007. Outstanding Warrants for Arrest of Thomas (Tom) A. Shay. 

   As described by several Boston Herald articles in the "Links to Articles" in early June, the U.S. Marshals and Massachusetts State and local police are seeking Tom Shay.  The six warrants for his arrest are:

State: Assault and Battery on a police officer, Boston, 18 October 2005

State: Larceny over a certain amount, Spencer, Mass., 13 May 2006

State: Contributing to the delinquency of a minor, Spencer, 29 June 2006

State: Possession & distribution of a Class C substance, Spencer, 5 July 2006

State: Failure to appear in East Brookfield District Court, 20 July 2006

Federal:  Violation of Probation, 1 August 2006

    As Tom Shay is needed for the complete understanding of the truth about the Roslindale Bomb case, it is hoped that he will turn himself in.  He should contact the U.S. Marshal's office at 617-748-2500 and ask for the "Warrant Squad".

 

6 June 2007. Alfred Trenkler has returned to Allenwood Federal Prison.

   There, he will receive his quarterly pacemaker checkup and medical attention for a wrist he injured when he fell on a wet floor at the Brooklyn Metropolitan Detention Center.

28 May 2007. Alfred Trenkler remains in Metropolitan Detention Center in Brooklyn, en route back to Allenwood Federal Prison in White Deer, PA.

  Alfred left the Wyatt Detention center in a van on Thursday morning, 24 May and rode to Brooklyn. As inter-prison vans do not usually travel over weekends, he is likely to remain there at least until Tuesday, 27 May.

25 May 2007. Alfred writes to a new supporter.

Dear ________,

     Welcome Aboard!

     I cannot put into words the feelings I had when I heard that my friend and former Milton neighbor, _____ _________, said from his meetings with you and what you said about this horrid case.

    I understand you and Morrison are meeting and e-mailing each other. I read your last e-mail when Morrison and _________ came to visit me - God bless you. I'm admittedly not the most religious man, but I do pray to God that this case will be solved.

    It is through people such as yourself, Morrison and _________ that the truth can be brought to the surface so that the innocent may walk free and the guilty rightfully pay for their misdeeds or mistakes.

    From all that I have read concerning this case for anyone to die or be injured, I believe this bomb was simply meant to be found and documented to bolster an otherwise failing lawsuit. But when the bomb exploded, resulting in death and injuries, that was no excuse to blame others and to stand by and watch others pay for their mistakes.

    You can only begin to imagine what it is like being named a murderer by a town, a city I loved, lived and worked in for many years and what it has done to me and my family both spiritually and financially.

    Thanking you for your interest and help in this case is an understatement. I hope to be able to thank you in person, in freedom, unencumbered by this atrocity for which I am truly innocent of.

    Any question you have for me, please ask them, either by writing me directly or through Morrison or ________. Unfortunately "we" in prison do not yet have access to e-mail, so I am limited to the lost art of writing by snail mail or using the phone.

    Please say hello to "Chip" Brown for me. I used to visit him at the Huntington Ave. Station next to Wentworth Institute, (where I attended college), as well as his late father's house in Quincy.

    You know, it is a bit ironic, when I was working on the Christian Science Monitor microwave installation on Huntington Ave. in September and October of 1991, Chip Brown's son and I went to Arson headquarters on Mass. Ave. to see Paul Davies to hire a police detail for a helicopter lift. (Ask Chip about this one, he flew in the helicopter back to Wiggins Airways in Norwood!)

    Well, my new friend, I'm going to close for now, hopefully soon this horror I am going through now will soon be a bad nightmare.

God Bless,

Alfred

 

24 May 2007.  Alfred has finally begun the journey back to Allenwood Federal Prison.

   Since the 4 April hearing before Judge Zobel, Alfred has been waiting at the Donald Wyatt Detention Center in Rhode Island for transportation back to Allenwood Prison. In an odd way, it's "home" for him.  The first day, he was taken to a facility in Brooklyn from which he called his parents, Jack and Jo Wallace.  Hopefully, tomorrow, he will be back in Pennsylvania.

20 April 2007.  Letter to Judge Zobel from Morrison Bonpasse, originally intended as pre-resentencing letter to be read before the 4 April hearing. Instead it was forwarded in a 17 April 2007 letter.  Filed with the U.S. District Court as docket #29.

The letter begins...

    "I am a retired, non-practicing lawyer, formerly of Massachusetts and learned about the Alfred Trenkler case when his half-brother, David Wallace, called me in March 2006. His original goal was a website, which was established shortly thereafter as www.alfredtrenklerinnocent.org, but the case required a Campaign for Justice for Alfred Trenkler. Fortunately, Alfred had already written to you about his sentence, and fortunately, you responded positively. Thank you. After 15 years of missteps, the case may now be moving toward truth and justice.

  While posting the records for the case onto the website over the past year, it became increasingly clear to me that both Alfred Trenkler and Thomas A. (Tom) Shay were wrongly convicted due to a complex combination of assumptions, coincidences, mistakes and legal or judicial rules. It could have been called a "Perfect Legal Storm."...

 

17 April 2007. U.S. Attorney's office files "Notice of Appeal" of Judge Zobel's 4 April Resentencing Alfred Trenkler to 37 years in prison, from his original sentencing date of 8 March 1994.

The notice in its entirety...

   Notice is hereby given that the United States of America (the respondent in the above-captioned case) hereby appeals to the United States Court of Appeals for the First Circuit from the district court's (Zobel, J) February 20, 2007 Memorandum of Decision and Order, its April 4, 2007 order rejecting the government's opposition to Alfred Trenkler's petition for a writ of coram nobis and motion for reconsideration, and from its April 12, 2007 Judgment (entered on the docket on April 12, 2007.  Respectfully submitted Michael J. Sullivan, by Dina Michael Chaitowitz, Chief of Appeals.

30 March 2007.  Trenkler's Attorney files Supplemental Reply to Government's Motion for Reconsideration of Order Granting Writ of Coram Nobis.

The Motion begins...

   Petitioner Alfred Trenkler submits this supplemental reply, primarily to address the Government's erroneous contention that the Court's sentencing error does not justify grant of the writ of coram nobis because the current version of section 844 (as amended in 1994) supposedly would not offend the ex post facto clauses of the Constitution if applied retroactively to Mr. Trenkler.  Mr. Trenkler also briefly responds to the Government's indefensible rationale for its continuing bad faith in the conduct of this action.

 

30 March 2007. Government files 6 page Motion for Stay of Resentencing.

The Motion begins...

   In the event that the Court grants the coram nobis petition in Alfred W. Trenkler v. United States, the United States respectfully moves this court to say any resentencing hearing in United States v. Alfred W. Trenkler, pending the resolution of any appeal by the government (or, in the alternative, for 45 days.)

27 March 2007. Government Files Response.

It begins...

  "Trenkler asserts that the government's opposition was filed in 'bad faith' [Motion fo Strike page 2] and that the Court should not only 'strike it in its entirety,' [page 8] but also 'admonish' the government that it has an obligation to do justice.  While we believe this hyperbole is unhelpful to the Court with respect to the legal issues it must resolve, we feel we must respond to avoid any confusion about the government's position...

 

21 March 2007. Alfred Trenkler's Attorney files 9 page opposition to Government's Opposition.

It begins...

   The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartiall is a compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor -- indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. Berger v. United States , 295 U.S. 78, 88 (1935). Society wins not only when the guilty are convicted but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly ..."

7 March 2007  The U.S. Attorney's Office filed at 51 page "Opposition to Trenkler's Coram Nobis Petition and Motion for Reconsideration of the Court's February 20, 2007, Memorandum and Order Granting a Writ of Coram Nobis to Reopen Sentencing"

   Filed by Assistant U.S. Attorneys Randall Kromm, Dina Michael Chaitowitz, Timothy Feeley and James Lang, on behalf of U.S. Attorney Michael Sullivan, the Motion begins by saying that "Trenkler is not entitled to the relief he seeks.  Trenkler's petition establishes no valid basis for merits review of his long-delayed claim."

26 February 2007 Boston Police Commissioner Edward Davis sends Memo to Boston Police Department regarding Resentencing of Alfred Trenkler.

The memo, in its entirely...

   On October 28, 1991, Officer Jeremiah Hurley, Jr. was killed and Officer Frank Foley was seriously injured while responding to a call for a suspicious device under a vehicle in Roslindale, On November 29, 1993, Alfred Trenkler was convicted by a jury in U.S. District Court for receipt of explosives, attempted destruction of property by explosives and conspiracy for his role in this tragic incident. The jury was dismissed and he was sentenced by a judge to two concurrent life terms for the explosives counts and sixty months concurrent for the conspiracy count.

    On February 20,2007, U.S. District Court Judge Rya W. Zobel allowed a petition filed by the Defendant, and ordered a re-sentencing hearing on April 4. The judge stated that she will vacate his two life sentences at that time. Trenkler remains in federal custody pending the outcome of the re-sentencing. The stated basis for the Court's ruling was a statute in existence at the time of sentencing, which only authorized the imposition of life sentences by the jury, not by a judge. As the jury had been dismissed and the trial judge sentenced the defendant, Judge Zobel found that the life sentences were illegal.

  We have been in contact with both the Hurley and Foley Families and offered the Boston Police Department's continued support and assistance to them in this difficult time, I assured them that the members of this department will continue to stand with them to ensure justice is obtained. It frustrates me that the persons responsible for the murder of Officer Hurley continue to victimize the victims and their families and refuse to take responsibility for their crimes. We will work hand in hand with the United States Attorney's office to ensure that Alfred Trenkler is held accountable for his crime. I will keep you updated on any developments prior to re-sentencing.

[Alfred Trenkler does not accept responsibility for any part of the Roslindale Bomb, as he was absolutely not involved in any way. The case is unresolved and continues to haunt the victims' families because justice was not obtained for them in 1993.  Instead, two innocent men were convicted, and at least one real Bomb Maker was never apprehended and never held accountable for his crimes.]

22 February 2007 Judge Zobel denied the U.S. Attorney's Motion for Stay, but allowed Government leave to file Opposition to her 20 February Order by 7 March 2007. See her 22 February 2007 Order

22 February 2007  Responding to the U.S. Attorney's Motion, Alfred Trenkler's attorney, Joan Griffin filed an "Opposition to a Stay"

21 February 2007 The U.S. Attorney's office filed a "Request for Stay of Order and for Leave to File response"

20 February 2007.  Good News for Alfred!  His sentence will be vacated and he will be coming to Boston on 4 April for resentencing.

  Judge Rya W. Zobel : ORDER entered. MEMORANDUM OF DECISION AND ORDER; Accordinly, Trenkler's petitioner is GRANTED and the concurrent life sentence imposed by this court on 3/8/94, will be VACATED. The U.S. Marshal Service shall deliver petitioner to this court on April 4, 2007, at 2:00 p.m. for re-sentencing.(Urso, Lisa) (Entered: 02/20/2007)  See FULL 11-PAGE DECISION BY JUDGE ZOBEL

26 January 2007  Judge Zobel issued an ORDER to the U.S. Attorney's Office in Boston to respond to the plan to vacate Alfred Trenkler's sentence on 4 April 2007 and resentence him, according to the statutory authority at the time. She required a response by 2 February. There was no response by the U.S. Attorney's office.

20 November 2006  Attorney Joan Griffin filed an Application for a Writ of Coram Nobis and other relief on behalf of Alfred Trenkler.

   The issue was Alfred  Trenkler's claim that his 8 March 1994 sentence to two life terms was illegal because it was done by Judge Zobel without the required recommendation of the jury. The U.S. Attorney's office did not respond.

4 September 2006  Newsletter No. 9 of the Alfred Trenkler Innocent Committee

 

21 August 2006.  Letter written, but unpublished, to the Editor of the Boston Globe.

In response to the Sunday, 20 August 2006 editorial in the Boston Globe, ["A Salve for Justice", see "Links to Articles"], Morrison Bonpasse wrote:

   Thank you for your editorial, "A salve for injustice", but we need more than a salve.  In addition to the 23 overturned convictions that you referenced, there are many more wrongly convicted people in Massachusetts prisons whose cases must be carefully examined not just for legal error, but for truth and justice.

   The Federal Government should establish such a Commission, too, and one case to examine is that of Alfred Trenkler who was wrongly convicted in Boston's Federal Court in 1993 of building a bomb which killed Boston Police Officer Jeremiah Hurley, and maimed fellow officer Francis Foley.  Alfred Trenkler has now served over 13 years of his life sentence, and he had absolutely no involvement in the crime. Zero. As President Bush said in his 2005 State of the Union address, we should "make sure that we're absolutely certain about the innocence or guilt of a person accused." 

 

7-10 August 2006  Visitors to Website increased after the Front Page Article in The Patriot Ledger, Quincy. 

    From 9 June 2006 until 2:30 p.m. on Monday, August 7, there had been 234 separate visitors to this website.  On the 7th The Patriot Ledger, of Quincy, Mass., published its front page article about Alfred's case, via an exclusive interview with Thomas A. Shay. 

By 9:30 that evening, the usage had grown by 40 to 274, and by the end of Tuesday, 8/8, it had increased another 30 to 304.  By 9:30 on Thursday, it stood at 330, for an increase of almost 100 over three days. (The count rose to 400 on 20 August 2006, 450 on 29 August, 500 on 13 September, 550 on 22 September, 600 on 5 October, 650 on 16 October, 700 on 26 October, 750 on 2 November and 800 on 14 November, 850 on 18 November and 900 on 27 November.)

7 August 2006   Newsletter No. 8 of the Alfred Trenkler Innocent Committee

7 August 2006.  Tom Kunhardt, friend of Alfred Trenkler, writes letter to the editor of the Quincy Patriot Ledger, in response to that paper's excellent article by Dennis Tatz about the case. (See Links to Articles.)

Tom wrote:

Dear Dennis and Editor,

   Thank you for your article regarding Alfred Trenkler's innocence. I have been following the case for the past several months. I am convinced more than ever of Alfred's innocence. I have read court documents and other information at www.alfredtrenklerinnocent.org and now, thanks to you, the recent claim from Thomas Shay Jr. that Alfred Trenkler is innocent.

   I attended a private junior high school in Massachusetts with Al, and although I have not seen him since then, I can attest to his fine moral character. I believe him. I also believe justice has not been served, and the wrong man is behind bars.

   It must be difficult for the family of the officer killed, as well as injured officer to have this issue resurface 15 years after this horrible incident. My heart goes out to them. However, it pains me to think of my classmate in jail for life for a crime he did not commit, while the real killer(s) is free.

   Please continue to follow this case and publish the developments you find. Perhaps with your help and the help of your editor, the case can be reopened, DNA and other evidence can be examined, and the true killer can be brought to justice.

   Sincerely,


7 August 2006. Morrison Bonpasse, friend of Alfred Trenkler, writes letter to the Editor of the Quincy Patriot Ledger, in response to that paper's excellent article by Dennis Tatz about the case. (See Links to Articles.)

Morrison wrote:

To the Editor of the Patriot Ledger:

   Thank you for your groundbreaking article by Dennis Tatz about the Alfred Trenkler case.

   Not only was Alfred a former Quincy resident and a Wentworth Institute graduate, but he is also a graduate of Thayer Academy in the class of 1975.

    We are hopeful that other Thayer alumni will rally to Alfred's cause, and at least visit his website at www.alfredtrenklerinnocent.org, which presents thousands of pages of documents in the interest of truth about the case.  Then join our Campaign for Alfred Trenkler.  He's not campaigning for office, he's campaigning for the truth; and the truth must set him free.

    Sincerely,

2 August 2006.  Mailbox change for Alfred Trenkler Innocent Committee.  New address: P.O. Box 870111, Milton Village, MA 02187-0111.

2 August 2006.  Three full months of Website use and Statistics.

  This website began in mid-April, and thus has seen three full months of usage: May, June and July.  Below are some usage data.

                 Hits        Files         Sessions     KB sent      Visitors*

   May        5,239      1,355        147           152,093        

   June      12,218      3,022        376           517,498         60

   July         7,599      3,341        696           427,450       204

* (different visitors since 9 June, cumulative total, from home page counter)

8 July 2006  Newsletter No. 7 of the Alfred Trenkler Innocent Committee

28 June 2006.  Motion to Examine Evidence (file in color 8.6 MB) or

(Black and White 580 KB)- Filed by Jack Wallace, this Motion includes the crucial fact that the contacts for the switch for the 1991 Shay bomb did not come from a Radio Shack switch.

 

28 June 2006.  Bumpersticker, www.alfredtrenklerinnocent.org is now available from the Alfred Trenkler Innocent Committee.  Priced at $5.00, including postage, sales are hoped to raise some revenue.  Send orders/requests to the Maine chapter of the Committee at P.O. Box 390, Newcastle, ME 04553.

 

26 June 2006. Sixth Newsletter of Alfred Trenkler Innocent Committee.

 

22-23 June 2006. Organizational Meeting of the Committee. 

On Thursday and Friday of last week, 22 and 23 June, the first meeting of the Alfred Trenkler Innocent Committee was held in the Visitors' Room at the Allenwood Federal Prison in White Deer, Pennsylvania, and the following officers were elected:

  Josephine Wallace - President

  Morrison Bonpasse/David Wallace - Vice-presidents

  Jack Wallace -Treasurer

  Judy Lloyd - Secretary

  Ellen Ochs, Joan Ochs - Directors.

      Click on photo to see the newly formed committee, except for Morrison and Ellen who were not there.

  

19 June 2006. Fifth Newsletter of Alfred Trenkler Innocent Committee.

16 June 2006  "Institution Emergency" or Lockdown at Allenwood Federal Penitentiary

    Warden Jonathan C. Miner announced the lockdown with the "MEMORANDUM FOR INMATE POPULATION" BELOW:

     Due to an emergency situation, the institution is being secured while an investigation is conducted.

     However, accommodations will be made to provide inmates with their mail, medication, and meals in their assigned cells. Visiting is cancelled for today, but will resume on Saturday and Sunday. Further, inmates will be afforded the opportunity to take showers on Saturday. The institution will remain secured until further notice.

     Any questions regarding this matter should be directed to your Unit Team or the Lieutenant's Office.

10 June 2006. Fourth Newsletter of Alfred Trenkler Innocent Committee.

23 May 2006. Third Newsletter of Alfred Trenkler Innocent Committee.

13 May 2006. Second Newsletter of Alfred Trenkler Innocent Committee.

26 April 2006. First Newsletter of Alfred Trenkler Innocent Committee.

5 April 2006 Website for the Alfred Trenkler Innocent Committee was created with a single home page "under construction".