Alfred Trenkler Innocent Committee

Transcripts, Briefs, Court Decisions, other Documents

Most of the documents here are scanned Adobe .pdf files (printed data file) through which you cannot do word searches with your browser "Edit" and "Find" functions.  The two major exceptions are the 2,500+ page searchable collections of the transcripts for the Alfred Trenkler trial and the Thomas A. Shay trial, below.

 

As each is a .pdf file, we cannot edit it, but if you see mistakes or garbled words, please let us know by email to the Alfred Trenkler Innocent Committee and we will post the Errata or Edits on this page.

There are three dockets for three case numbers for Alfred Trenkler in the U.S. District Court.  (The six for Thomas A. Shay are listed after the Trenkler cases on his web page.)

The various steps in the appeals by both men since 2007 are listed in the

"Latest News" of this website.

1. 1:92-cr-10369-RWZ-2, U.S. V. Trenkler, filed 16 Dec 1992 and closed 8 March 1998.  

2. 1:92-cr-10369-EFH, US. v. Shay, filed 16 Dec 1992 and closed 8 May 1994. As the case v. Alfred Trenkler and the case v. Thomas A. Shay began as a case against both men jointly, documents from the other case are sometimes listed in the docket for each. (This case is also listed below as a Thomas A. Shay case.

3. 1:99 cv 10074 RWZ Trenkler v. USA, filed 7 Jan 1999 and closed 18 April 2000. This case began with Trenkler's Motion to vacate his sentence pursuant to 28 USC 2255.  The last entry in the docket for that case was an Order by the First Circuit Court of Appeals on 7 December 2001.

 

Pre-Trial, and In-trial Motions and orders

Application by Asst US Atty Paul Kelly to place pen register device to register numbers dialed or pulsed to or from John Cates' phone number.    Application was approved for 60 days by Order of Magistrate Marianne Bowler at 3:05 p.m. on 16 January 1992.  (The Order was extended on 13 March.  See below.)  Nearly identical Applications were filed and Orders issued for:  ARCOMM, Thomas L. Shay, and Mary Flanagan

Application by Asst US Atty Paul Kelly to place trap and trace device to register numbers dialed or pulsed to John Cates' phone number  Application was approved for 60 days by Order of Magistrate Marianne Bowler at 11:05 a.m. on 17 January 1992. (Order was extended on 13 March.  See below.)  Nearly identical Applications were filed and Orders issued for: ARCOMM, Thomas L. Shay, and Mary Flanagan.

Second Affidavit by Jeffrey S Kerr, Special Agent  12 February 1992

ReApplication by Asst US Atty Paul Kelly to place pen register device to register numbers dialed or pulsed to or from John Cates' phone number.   Application was approved for additional 60 days by Order of Magistrate Marianne Bowler on 13 March 1992.  (Order was extended on 13 May.  See below.)  Nearly identical Applications were filed and Orders issued for:  ARCOMM, Thomas L. Shay, and Mary Flanagan.

ReApplication by Asst US Atty Paul Kelly to place trap and trace device to register numbers dialed or pulsed to John Cates' phone number  Application was approved for additional 60 days by  Order of Magistrate Marianne Bowler . (Order was extended on 13 May.  See below.)  Nearly identical Applications were filed and Orders issued for: ARCOMM, Thomas L. Shay, and Mary Flanagan.

Govt Motion for an order postponing service of notices to interceptees of calls or voicemails to Alfred Trenkler  21 April 1992 Affidavit by Agent Jeff Kerr in support of Govt Motion for an order postponing service of inventory notices to interceptees

ReApplication by Asst US Atty Paul Kelly to place pen register device to register numbers dialed or pulsed to or from John Cates' phone number Application was approved for additional 60 days by Order of Magistrate Marianne Bowler on 13 May 1992.  (With this order, the total number of days was 180.) Nearly identical Applications were filed and Orders issued for: Thomas L. Shay, and Mary Flanagan, but apparently not for ARCOMM, unless copies were misfiled.

ReApplication by Asst US Atty Paul Kelly to place trap and trace device to register numbers dialed or pulsed to John Cates' phone number.   Application was approved for additional 60 days by Order of Magistrate Marianne Bowler. (With this order, the total number of days was 180.) Nearly identical Applications were filed and Orders issued for: Thomas L. Shay, and Mary Flanagan(Order only), but apparently not for ARCOMM, unless copies were misfiled.

Govt Motion for an order postponing service of notices to interceptees  15 July 1992.  Second Affidavit by Agent Jeff Kerr in support of Govt Motion for an order postponing service of notices to interceptees  15 July 1992

Govt Motion for an order postponing service of notices to interceptees  15 October 1992  3rd Affidavit by Agent Jeff Kerr in support of Govt Motion for an order postponing service of notices to interceptees  Judge Harrington Order to postpone notifying interceptees  19 October 1992

Order by Judge Harrington that interceptees be notified of wiretaps  22 December 1992 Letter Memo from US Attorney to interceptees (see following list) of wiretaps  22 December 1992  List of Persons or organizations whose phones were intercepted.

Transcript for Detention Hearing for Alfred Trenkler  18 December 1992

Memorandum and Order by Magistrate Bowler on Government's Motion for Detention   24 December 1992 Trenkler was ordered jailed until trial.

Trenkler Motion to revoke Magistrate detention order and for oral argument  29 December 1992  Affidavit of Terry Segal in support of Trenkler Motion to revoke detention order 29 December 1992 

Defendant Alfred W. Trenkler's Motion for discovery of all exculpatory material  6 January 1993

Government Memorandum in opposition to Trenkler Motion to revoke detention  11 January 1993  Affidavit by AUSA Paul Kelly in support of Government Opposition to revoking detention  11 January 1993

USDC Judge Zobel Decision upholding Magistrate's Detention order  13 January 1993

Defendant Alfred W. Trenkler's Motion for discovery for further specific exculpatory material  19 January 1993

Defendant Alfred Trenkler's Rule 7(f) Motion for bill of particulars  19 January 1993

Defendant Alfred Trenkler's Memorandum in support of Motion for Bill of Particulars  19 January 1993

Government Consolidated Motion to Defendant Trenkler's discovery motions  25 January 1993

Final Status Report by US Magistrate Marianne Bowler re detention of Trenkler  26 January 1993

US Magistrate Bowler Memo and Order on Pretrial Motions  26 January 1993

Government Motion to order Ch 56 to produce videotape of Marinella - Shay interview with proposed order  28 January 1993  Memorandum of Law in support of Government Motion for Ch 56 videotape

Trenkler Motion for Magistrate reconsideration of 26 January pretrial motions order  2 February 1993

Affidavit of Terry Segal in support of motion for specific exculpatory evidence  2 February 1993

Alfred Trenkler Motion for Additional time for pre trial motions  5 February 1993

Alfred Trenkler motion, assented to by US Atty, for additonal week to file additional motions  12 February 1993

Defendant Alfred Trenkler Motion for Relief from Prejudicial Joinder and Severance, and  Defendant Alfred Trenkler Memorandum of Law in Support of Motion for Relief from Prejudicial Joinder and Severance, and Affidavit of Scott Lopez in support of Defendant Alfred Trenkler Motion for relief from prejudicial joinder and severance, all filed on 12 February 1993

Alfred Trenkler Motions to Suppress: all filed on 12 February 1993: 

  Evidence from search of ARCOMM;

  Evidence from search of John Cates' and Alfred Trenkler's apartment;

  Evidence from Search of parents' garage;

  Evidence seized without a warrant on 5-6 November 1991;

  Statements of 31 January 1992;

  Statements of 4 February 1992;

  Motion to Suppress Statements of 5 November 1991  ;

US Magistrate Bowler order on reconsideration of discovery orders  15 February 1993

Trenkler motion to call Asst US Attorney Paul Kelly as Defense Witness at trial  15 February 1993

Affidavit of Atty Martin Cosgrove, formerly atty for Alfred Trenkler  10 February 1993, filed on 17 February 1993

Affidavit by Alfred Trenkler in support of Motion to Suppress 12 February 1993, filed on 17 February 1993

Affidavit by John Cates in support of Motion to Suppress  17 February 1993

Trenkler Motion to resonsider Magistrate discovery order of 15 February 1993  18 February 1993

Government Motion to continue trial date to 17 May  17 February 1993

Trenkler Response to Government Motion to continue trial to 17 May 1993  25 February 1993

Government combined opposition to defendant Trenkler's several motions to suppress  8 March 1993 

Judge Rya Zobel Order to separate the trials for Tom Shay and Alfred Trenkler. They were scheduled tentatively for 17 May 1993 and 28 June 1993.   8 March 1993

Government Response to Trenkler's motion for relief from Prejudicial Joinder  16 March 1993

Trenkler Motion for Speedy Trial or revocation of detention order  17 March 1993

Judge Zobel opinion denying motion to compel Ch 56 production of Marinella/Shay tape  2 April 1993  See same opinion as reported in Westlaw's 21 Media Law Reporter 1415

Trenkler Motion for Leave to distribute juror questionnaire  21 April 1993

Day One of evidentiary hearing on Motions to Suppress with atty Matt Feinberg and Asst U.S. Atty Paul Kelly  13 May 1993

Day Two of evidentiary hearing on Motions to Suppress 14 May 1993

Day Three of Evidentiary Hearing on Motions to Suppress  17 May 1993

Government Response to Trenkler request to distribute juror questionnaire  24 May 1993

Trenkler reply to Government response to Trenkler Motion for juror questionnaire  25 May 1993

Government Demand for Notice of Alibi 27 May 1993

Government Motion to compel disclosure of evidence by defendant  27 May 1993

Motion by Alfred Trenkler for Issuance of Subpoenas to ARCOMM and the Christian Science Church  28 May 1993  Memorandum of law in support of Motion for subpoenas and Affidavit of Jim Karolides private investigator in support of Trenkler Motion for Subpoenas

Trenkler Supplemental Motion for issuance of subpoenas  2 June 1993

Trenkler response to Government motion to compel disclosure by defendant  4 June 1993

Defendant Alfred Trenkler's Response to Government demand for a notice of Alibi  8 June 1993 and subsequently, Defendant Alfred Trenkler's Supplemental Response to Government demand for a notice of Alibi  (date cannot be read)

Government reply to defendant's notice of Alibi   (Date uncertain)

Joint motion by both defendants to dismiss multiplicitous Counts 11 June 1993  Defendants Trenkler and Shay Memorandum in support of Motion to dismiss multiplicitous counts  11 June 1993

Supplemental Affidavit of Denny Kline re 1986 device  15 June 1993

Letter from Paul Kelly to both defendants attys responding to Motion to dismiss multiplicitous counts  17 June 1993

Affidavit of Denny Kline in support of motion to exclude evidence relating to 1986 device  18 June 1993

Defendant Alfred Trenkler Motion for Subpoena for Christian Science records  22 June 1993

Motion of Defendant Trenkler to require the Government to present a proffer of proof on coconspirator declarations  23 June 1993 Trenkler Memorandum in support of motion to require proffer on coconspirator declarations  23 June 1993

Motion by Alfred Trenkler for order compelling Christian Science Church to produce documents 23 June 1993

Affidavit of Albert W. Gleason, explosives expert retained by Government  25 June 1993

Judge Zobel opinion to suppress Identification of Thomas A. Shay by Dwayne Armbrister  29 June 1993   See Westlaw report of opinion at Westlaw 1993 WL 263492 D Mass

Trenkler Motion to compel ARCOMM Richard Brown to produce documents   8 July 1993

Scott Lopez Affidavit in Opposition to Government Motion in limine to admit evidence of 1986 device 19 July 1993

Trenkler Motion to establish a new trial date  22 July 1993

Trenkler Motion for compel production of some discovery  6 August 1993  denied 16 August 1993

Terry Segal letter to Court, one of several pages requesting change in release terms for Alfred Trenkler  8 August 1993

Judge Zobel Order Scheduling of Trenkler trial for 25 October 1993 at 9 a.m.  12 August 1993

Segal motion to continue Trenkler trial until 9 November 1993 12 August 1993  (denied by Judge Zobel 16 August 1993)

Defendant Motion to continue trial date from 25 October 1993 to 9 November 1993  12 August 1993

Day 4 of Hearing on Motions to suppress  1 September 1993  (See Day 1 (13 May 1993), Day 2 (14 May 1993) and Day 3 (17 May 1993) above

List of Govt Suppression Hearing Exhibits undated but given date of 2 Sept 93 from AUSA Kelly letter    2 September 1993  Actual Govt Exhibits for Motion to suppress hearing: 1, 2, 3, 4, 6, 7, 14, 15, 18, 21, 22, 23, 24, 26, 27, 29.  2 September 1993

Alfred Trenkler Motion to call AUSA Paul Kelly as Witness  15 September 1993

Memorandum of Law by Alfred Trenkler Defense in support of Motions to Suppress  24 September 1993

Government Opposition to defendant's motion to call Paul Kelly as witness  27 September 1993

Transcript of Hearing on various Motions including Kelly testimony  29 September 1993

Government Memorandum of Law in support of motion in limine to admit evidence of 1986 device    First 32 (of 33) pages and briefly annotated by Alfred Trenkler __ October 1993

Govt. Memorandum in Opposition to Defendants motions to suppress  4 October 1993

Second Affidavit of Denny Kline in support of Alfred Trenkler Motion to exclude all evidence related to the 1986 device  10 October 1993

Defendant Alfred Trenkler Motion to file memo of law in excess of 20 pages to respond to Government 33 page memo of law  15 October 1993

Defendant Alfred Trenkler Motion in opposition to Government Motion in limine to admit evidence of 1986 device  15 October 1993

Defendant Alfred Trenkler Memo in Opposition to Government Motion In Limine to admit evidence of 1986 device  15 October 1993

Government List of Prospective Witnesses, as referenced in Letter from Paul Kelly to Terry Segal   17 October 1993

Defendant Alfred Trenkler Motion to suppress statements allegedly made to David Lindholm  18 October 1993 

Trenkler Motion for jury view of crime scene  18 October 1993 (Denied 22 October 1993)

Motion to Quash Subpoena for Tom Shay to testify at Trial of Alfred Trenkler   18 October 1993 (also posted with U.S. Thomas A. Shay trial documents)

Govt Motion in limine to exclude Trenkler improper evidence page 1 of more  18 October 1993 (approved by Judge Zobel 22 October 1993)

Further Motion to quash Subpoena for Thomas A Shay and Motion to Quash Subpoena for Francis O'Rourke  19 October 1993

Defendant Alfred Trenkler Motion for voir dire hearing to determine aspects of David Lindholm's statements  20 October 1993

Govt motion to quash subpoenas to Bureau Of Prisons and US marshals  21 October 1993 (allowed 22 October 1993)

Defendant Alfred Trenkler's Motion to conduct examination of jurors in a manner likely to expose juror bias (20 October 1993) together with supporting Affidavit by expert James Bergund.  See James Bergund, separately, as well.  One concern of Alfred Trenkler's legal team was potential bias by potential juror members against homosexuals.  Apprehension of such bias was one reason why Alfred was advised by his lawyers not to testify in his own defense.

Transcript of the 22 October 1993 hearing in the Motion to Suppress  This hearing covered arguments about the admissibility of several pieces of evidence, including statements by David Lindholm, who had claimed to have talked, within three days, with Thomas A. Shay and Alfred Trenkler, and received Trenkler's admission of culpability.  Also, the hearing covered the admissibility of the ATF EXIS database. In particular, see Steven Sheid testimony on the EXIS system and 1986 device pp 38 - 77  See also the 14 December 1992 Memo from Steve Sheid to Asst. U.S. Attorney Frank Libby.

Government list of 82 Prospective witnesses annotated by defense  22 October 1993

Alfred Trenkler Motion in limine to exclude 404b evidence at trial 22 October 1993

Defendant Alfred Trenkler Memorandum of Law in support of Motion in Limine to exclude 404b evidence  22 October 2003

Alfred Trenkler Motion to preclude Government from Mentioning Statements by Thomas A Shay in its opening  25 October 1993

Alfred Trenkler Motion to preclude Government from mentioning alleged sexual relationship between Alfred Trenkler and Thomas A. Shay  25 October 1993

Alfred Trenkler Motion to preclude Thomas Waskom from demonstrating the manner in which the 1991 bomb was designed to explode.  25 October 1993

Memorandum of Decision: Judge Zobel decision denying Defendant Alfred Trenkler's motion to suppress Ed Carrion's out of court identifications  25 October 1993 As reported by Westlaw at 1993 WL 443944 (D. Mass.)

Defendant Alfred Trenkler Motion in limine to exclude all statements of Thomas A Shay at Trial  29 October 1993

Government Motion in limine to admit in evidence Thomas A Shay Statements against penal interest  1 November 1993

Government memorandum of law in support of Motion in limine to admit in evidence Thomas A Shay Statements against penal interest  1 November 1993

Defendant Alfred Trenkler Motion in Opposition to Government Motion to admit statements of Thomas A Shay  3 November 1993

Defendant Alfred Trenkler Memo in Support of Motion in Opposition to Government Motion to admit certain statements of Thomas A. Shay at trial  3 November 1993

Letter to Judge Zobel from Asst. U.S. Attorney Paul Kelly re issue, among others, of co-conspirator testimony   3 November 1993

Alfred Trenkler Motion to exclude admission of EXIS computer evidence  8 November 1993

Alfred Trenkler Motion in limine to exclude testimony by Michael Coady which relates to 404b evidence previously excluded by court   8 November 1993

Government Opposition to Defendant's motion to exclude admission of EXIS evidence  9 November 1993

Alfred Trenkler Motion for leave to present testimony of Maurice R Flynn pursuant to Fed Rule of Evidence 613 to impeach testimony of Richard Brown  9 November 1993

Alfred Trenkler Motion to strike testimony of Michael Coady  12 November 1993

Alfred Trenkler Motion to strike signature testimony of Thomas Waskom with accompanying exhibits   14 November 1993

 

Defense documents - internal

Summary of characteristics of 86 and 91 devices and testimony (by unknown author(s))

Summary of Witness Trial Testimony (prepared by defense)

 

Letters from Government to Trenkler Defense Counsel

Paul Kelly letter to Terry Segal summarizing Jencks and other pretial discovery material  17 October 1993

Letters from Trenkler Defense Counsel to Government

Trial Transcripts of U.S. v. Alfred W. Trenkler, 1993

 

Collected 2432 Transcript pages for entire 21 day trial in a Searchable Adobe File.  The Day-by-Day transcripts below are Adobe files which are not searchable by word. 

Day 1, 25 October  Jury Selection

Day 2, 26 October  End jury selection.

Day 2, 26 October  Begin trial.

  Paul Kelly, operning statement, 2-2 to 2-26

  Terry Segal, opening statement, 2-26 to 2-39

  Witnesses:

     Robert P. Maloney, Boston Police Dept., retired, 2-39 to __.

     Denise Corbett, Boston Police Dept.

Day 3, 27 October

  Witnesses:

     Thomas Creavin, Boston Police Dept.

     James McKernan, 36 Eastbourne Street, neighbor

     Daniel Boeh, ATF Special Agent, Bomb and Arson

     Christopher Porecca, ATF Agent, specialist in firearm,

         explosive and arson investigations. (3-129 to 3-164)

Day 4, 28 October

   Hearing regarding motions on evidence (4-1 to 4-22)

  Witnesses:

     Stephen Adams, Sales Manager for Austin Powder (4-1 to 4-15)

     Cynthia Wallace, ATF Forensic Chemist

Day 5, 29 October

  Witnesses:

     Cynthia Wallace (cont'd),

     Thomas Waskom, 5-44 to 5-133; ATF Explosives/Technology

            branch

Day 6, 1 November

  Witnesses:

     Thomas Waskom, 6-5 to 6-40; (cont'd),

     Thomas Leroy Shay, Father of Thomas A. Shay, 6-41 to 6-45

Day 7, 2 November

  Witnesses:

     Thomas Leroy Shay (cont'd) 7-1 to 7-41,

     Christopher Shapley, Consultant in Automotive Engineering. (7-43 to 7-

       89)

Day 8, 3 November

  Colloquy with Thomas A. Shay regarding question of his testimony 

        and consequences for refusal to testify (8-2 to 8-17)

  Witnesses:

     Miller Thomas, Boston Police Dept., Detective

     Dwayne Armbrister, Radio Shack Employee

     Robert Evans, inmate at MCI Bridgewater

     Alan Pransky, Attorney for Thomas L. Shay

Day 9, 4 November

  Witnesses:

     Alan Pransky (cont'd),

     Larry Plant, Inmate at A Sober Home

     John Cates, Roommate of Alfred Trenkler

     Richard Brown, Trenkler Business Partner in ARCOMM

Day 10, 5 November

  Witnesses:

     Richard Brown (cont'd),

     Edward Carrion, Computer Network Designer/Friend of

        Thomas A. Shay

     Nancy Shay, mother of Thomas A. Shay, and former wife of

        Thomas L. Shay.

     Paul F. Nutting, Claimed observations of Thomas A. Shay and

         Alfred Trenkler, together.

     Thomas D'Ambrosio, 10-97 to 10-170; ATF Special Agent

Day 11, 8 November

  Witnesses:

     Thomas D. Ambrosio, 11-2 to 11-10; (cont'd),

     Michael Coady, 11-11 to 11-25, Acquaintance of Alfred Trenkler.  (See

          Alfred Trenkler's explanation of his brief relationship with Michael

          Coady.)

     Dennis Leahy, 11-26 to 11-99; ATF Arson Squad

      William Lanergan, 11-99 to  ; Quincy Police detective

     Robert F. Craig, former roommate of Alfred Trenkler

Day 12, 9 November

  Witnesses:

     Francis Hankard, Retired Chief of Crime Lab for Mass. Dept of Public

         Safety

     Todd Leach, 12-19 to 12-43 Donna Shea's nephew

     Steven B. Sheid, ATF Intelligence Research specialist, EXIS

         Database (76 pages)

     Thomas Waskom, 12-127 to 12-140; (recalled)

Day 13, 10 November

  Witnesses:

     Thomas Waskom (pp 13-3 to 13-70); (cont'd),

     Peter Turowska, Quincy Patrolman (pp 13-71 to 13-78)

     William David Lindholm, Inmate at Plymouth County House of

        Correction with Alfred Trenkler in December 1992.(pp 13-78 to 13-125)

        (See related defense exhibits:

               1962 Milton Street list of residents on Whitelawn Avenue

               1963 Milton Street list of residents on Whitelawn Avenue  

               1965 Milton Street list of residents on Whitelawn Avenue

               Page 1 of 1983 IRS tax return of Lindholm's parents of

                       Cohasset, Mass.

               Page 1 of 1984 IRS tax return of Lindholm's parents of

                       Cohasset, Mass.

    Playing of six-minute videotape excerpt of the WLVI/Channel 56 17    

     October 1992 interview of Thomas A. Shay by Karen Marinella (noted at

     page 13-126, but the content was not transcribed there.  Instead

     see letter from AUSA Paul Kelly to Scott Lopez with TRANSCRIPT OF

     INTERVIEW for the entire interview, with the shaded portions being those

     played for the jury). See Transcript of portions played in 6 minutes to

     Trenkler Jury.  To hear the entire interview, click LISTEN TO THOMAS

     A. SHAY INTERVIEW..      

Day 14, 12 November

  Witnesses:

      Francis X. Foley, Boston Police Dept. (disabled), last Government

         witness

      Joseph Pelphrey, Manager of Security and Safety, First Church

         of Christ Scientists

      Scott Davis, Purchasing/Senior Buyer, First Church of Christ Scientists

       Mark Romboli, Drake USA Wire & Cable Manufacturer

      Robert Davidson, Tessco Inc., Distributor of Communications Products.

      David Fardy, Design Shop, machinist.

      Nurdan Cagdas, worked for ARCOMM, Alfred Trenkler's company.

      David Millette, Carpenter

      Philip Colwell, UPS employee, observer of suspicious person on

          Eastbourne St.

      Edward Alvaro, Engineering Supervisor at Fox 25.

      Frank Cavallo, General Manager, Videocom Satellite

      Roderick J. Kennedy, Private Investigator, North American Security,

           former FBI Agent.     

Day 15, 15 November

  Witnesses:

     Denny Kline, ETA Consultants, explosives training and bomb analyst.

         Denny Kline Report, Defense Exhibit 25

     William McNamara, COMSAT World Systems/Manager of Systems.

Day 16, 16 November

  Witnesses:

     Josephine Wallace, mother of Alfred Trenkler

  Rebuttal Witnesses:

     Thomas D'Ambrosio,

      Albert W. Gleason, Self-employed consultant on explosives and fires.

Day 17, 22 November

   Closing statements by:

       Frank Libby, Asst. U.S. Attorney, 17-18 to 17-54, and

       Terry Segal, defense counsel, 17-57 to 17-88, and

       Paul Kelly, Assistant U.S. Attorney, Rebuttal Closing Statement;   

              17-88 to 17-99, and

         Charge Conference and Charge to the jury by Judge Zobel,

            pp x, Charge conference outline, one page

           17-2 to 17-19, Conference among Judge and attorneys

           17-55 to 17-56 (after closing arguments) Conferencing

           17-102 to 17-132 Charge to the Jury.  

         Charge to the Jury as separate 31 page document 17-1 to 17-31

Day 18, 23 November

  Jury deliberations

        Judge Zobel, Terry Segal and Frank Libby discuss jury questions and

          problems.

Day 19, 24 November

  Jury deliberations

Day 20, 29 November 

  Jury returns verdict.  Verdict Statement: US v Trenkler Guilty on three counts

Trial Exhibits

List of Alfred Trenkler's Trial Exhibits (admitted and not admitted)

List of Alfred Government's Trial Exhibits (admitted and not admitted)

Radio Shack, Mass. Avenue, 18 October 1991 receipt for switch and other parts.

 

Sentencing: Pre-sentencing letters sent to Judge Rya Zobel, and Alfred Trenkler's pre-sentencing statement and Judgment

10 December 1993 Government assented to motion to continue sentencing from 24 February 1994 to 8 March 1994 

January 1994 Presentencing letters sent to Judge Zobel on behalf of Alfred Trenkler

January 1994 Presentencing Victim Impact Statements and Letters sent to Judge Zobel prior to sentencing for Thomas A. Shay, but also applicable to sentencing for Alfred Trenkler

22 February 1994 Draft Pre-Sentencing Report by U.S. Govt Probation Dept.

1 March 1994 Defendant Trenkler's objections to Presentence Report

1 March 1994 Letter with the Government's Objections to PreSentencing Report

1 March 1994  Defendant Trenkler's Sentencing Memorandum

2 March 1994 FINAL Pre-Sentencing Report

7 March 1994 Government's Sentencing Memorandum

8 March 1994 Letter from Paul Kelly to Judge Zobel re: Government Sentencing Memo

8 March 1994   Having taken his lawyer's advice not to testify at the trial, Alfred Trenkler chose to speak at his sentencing, and speak powerfully he did. See Pre-Sentencing Statement by Alfred Trenkler(.pdf file)  .

See also the same statement as a more easily readable Word fileSee also Alfred's handwritten notes which he used for his statement.

8 March 1994 Transcript of Disposition Hearing, Presentencing statements and Sentencing  62 pages.

8 March 1994  US District Court "Judgment in a Criminal Case" on three counts.

       1. Conspiracy (Date offense Concluded: 10/91)

       2. Receipt of Explosive Materials, Aiding and Abetting (Date offense

              Concluded: 10/91), and

       3. Attempted Malicious Destruction by Explosives, Aiding and Abetting

             (Date offense Concluded: 10/28/91)

 

Appeals and other post-verdict Motions for Relief

Trenkler Motion for Judgment of Acquittal, 6 December 1993, and 21 January 1994 denial by Judge Zobel

Motion for New Trial, 6 December 1993, and Judge Zobel denial on 21 January 1994

Form Affidavit in forma pauperis for U.S. District Court in order to obtain public counsel for appeal   14 January 1994

Notice of Appeal to the First Circuit from judgment and sentence 15 March 1994. The appeal included the Defendant Motion for appointment of counsel in forma pauperis, for Appeal. This Motion was allowed by Judge Zobel, and William Brown was appointed.

First Circuit order for new counsel with Morris Goldings replacing William A Brown for Alfred Trenkler  2 May 1994

Receipt for 150 dollars paid by Josephine Wallace, mother of Alfred Trenkler, to Crimes Victims fund  25 May 1994

Trenkler Designation of Appendix and Statement of issues for appeal 94 1301  6 June 1994

Appeal Brief by Morris Goldings of 4 March 1994 judgment of

   conviction  1 August 1994  Case 94-1301

   Appendix Volume 1 Appeal case 94 1301  196 pages of motions, orders and affidavits.

   Appendix Volume 2 Appeal case 94 1301  Entirely composed of the Transcript of the 22 October 1993 hearing in the Motion to Suppress.

   Appendix Volume 3  with documents relating to ATF's EXIS system.

   Appendix Volume 4

   Appendix Volume 5

   Appendix Volume 6

  Appendix Volume 7

 

Motion by Government to First Circuit for same day hearing of Shay and Trenkler appeals  30 August 1994

Draft of Trenkler Motion opposing Government motion to schedule Shay and Trenkler appeals before same panel  September 1994

C.A. 94 1301 Brief and Supplemental Appendix for Government Appellee  26 September 1994

Defendant Alfred Trenkler Reply Brief in appeal to First Circuit   12 October 1994   Case 94-1301

First Circuit Court of Appeals, Massachusetts, 18 July 1995, Appeal of trial verdict - Denied 2-1. (Case 94-1301). See also, Westlaw report of case at 61 F 3d 45.  Chief Judge Juan Torruella was the dissenting judge. His forceful opinion is included the court's and it's also linked here separately as Chief Judge Juan Torruella's Dissenting Opinion.

Trenkler Appeal to First circuit and petiton for rehearing en banc, Case 94 1301  1 August 1995

Defendant Alfred Trenkler Motion to remand Case 94 1301 to the District court re issue of Lindholm's early release and appearance of a trade of such release for helpful testimony.  8 August 1995

First Circuit Court denial of Defendant Alfred Trenkler's Motion for a Remand to District Court.  Case 94-1301 "Defendant's motion raises issues of concerns, which could merit a hearing.  However, the proper forum for such a hearing is before the district court upon motion of a new trial. The Motion is therefore denied."  25 August 1995.

First Circuit Order denying en banc hearing  25 August 1995

Michael Burnett Affidavit re contacting prisons for records of Lindholm 29 November 1995

Affidavit of Terry Segal re Dr Robert Phillips testimony exclusion 21 December 1995.  Segal stated that he didn't request the appearance of Dr. Phillips at Alfred Trenkler's trial because Judge Zobel had already excluded his testimony and appearance at Thomas A. Shay's trial.  Segal stated that in Alfred Trenkler's trial "this Court admitted, through three witnesses, nine (9) out-of-court statements by Shay, Jr., as well as portions of a videotaped interview given to Channel 56 Reporter Karen Marinella, against Trenkler.  Exhibit A. Trial Transcript, pp. 748-93(day 7 p. 90 to day 7 p. 124), 795-828 (d.8p.2 to d.8p.35), 845-849(d.8p.52 to d.8p56), 855-858(d.8p.72 to d.8p.65), 866-868(d.8p.73 to d.8p.75), 871-875(d.9p.2 to d.9p.6), 879-880 (d.9p.10 to d.9p.11), 883-887(d.9p.14 to d.9p.18), 1540 (d.?p.?).  See The Affidavit's Exhbit A with most of the referenced pages

Motion for New Trial and/or for Evidentiary Hearing  22 December 1995.  On basis of learning about William David Lindholm's early release from prison.

Memorandum in Support of Motion for New Trial and/or Evidentiary Hearing  22 December 1995 (See above Motion)

Government's Opposition to Alfred Trenkler's Motion for a New Trial

with supporting documents.  12 February 1996.

Paul Kelly Affidavit in support of Government Opposition to Trenkler Motion for a New Trial 12 February 1996

Letter from Frank Libby to Judge Zobel regarding allegations re alternate juror Ramona Walsh 1 November 1996

Trenkler Motion for Judicial Inquiry into juror misconduct and for a New Trial 19 November 1996  And Memorandum in support of Trenkler Motion for Judicial Inquiry into juror misconduct and for a New Trial 19 November 1996  See also Same Memorandum with Exhibits A through E

Followup letter from Frank Libby re juror misconduct issue with copies of cited cases 16 December 1996

District Court Denial in "Memorandum of Decision" of Motions for New Trial and for Evidentiary Hearing re Lindholm's early release 4 February 1997.

Alfred Trenkler Notice of Appeal of Dist Court 4 February 1997 decision denying a new trial  13 February 1997

Motion in First Circuit Court by Alfred Trenkler to suspend processing of appeal pending juror matter resolution 4 March 1997

First Circuit Order staying appellate proceedings pending resolution of juror misconduct question 3 April 1997

Judge Zobel decision denying further inquiry into juror misconduct and denying new trial  22 May 1997

Trenkler files Status Report with First Circuit to advise court that District Court had denied Motion for judicial inquiry  30 May 1997

Defendant Alfred Trenkler Supplemental Notice of Appeal from Decision denying Judicial Inquiry into possible Juror Misconduct and for a New Trial   4 June 1997.

Defendant Alfred Trenkler Assented-To Motion to Extend Briefing Date  17 June 1997

First Circuit Order in case 97 1239 ordering Appellant Trenkler to file brief and appendix no later than 8 August 1997  19 June 1997

Appellant, Alfred Trenkler, Brief First Circuit Appeal, Case 97-1239   8 August 1997

First Circuit Appeal Appendix Vol 1 Exhibits A through F

First Circuit Appeal Appendix Vol 2 Exhibits A through E

Government Motion for additional time to prepare brief until 17 September  4 September 1997

First Circuit Order allowing extension of time for Government to file brief to 17 Sept  5 September 1997

Appellee, United States of America, Brief First Circuit Appeal, Case 97-1239  17 September 1997

Westlaw report, but unpublished, of denial of Trenkler's Appeal by the First Circuit Court of Appeals 6 January 1998. Case 97-1239   See original text of opinion.

Affidavit of John Bowden on 22 April 1998 revealing William David Lindholm's admission that his testimony regarding Alfred Trenkler was false.

Trenkler Motion to vacate sentence pursuant to 28 U.S.C. 2855 on the grounds of ineffective counsel because Dr. Robert Phillips' testimony re: Thomas A. Shay should have been included at trial.  5 January 1999.  This Motion began the case known as Trenkler v. USA, #1:99-cv-10074-RWZ. 

Memorandum of law in support of Alfred Trenkler pro se motion under 2255 5 January 1999.

Government's Memorandum of Law in Opposition to Alfred Trenkler's 28 USC ss 2255 Petition to Vacate Sentence. In case #1:99-cv-10074-RWZ (The memorandum includes as Attachment A, Dr. Robert Phillips 19 July 1993 report of his examination of Thomas A. Shay.) 20 April 1999

Extrajudicial statements by Thomas A Shay and challenged by Alfred Trenkler as filed as Attachment B in 20 April 1999 filing by Government, above.

Alfred Trenkler Pro Se Motion for Leave to file traverse Instantur unsigned  13 July 1999

Alfred Trenkler, through Jack Wallace, Addendum to TRAVERSE RE 2255 Petition  29 July 1999

Judge Zobel approves Motion for extension of time, a.k.a. Motion traverse instantur  31 August 1999

U.S. District Court denies Alfred Trenkler's Motion for Vacating of Judgment on the ground of ineffective counsel.  In case #1:99-cv-10074-RWZ  18 April 2000

Motion for New Trial based on Newly Discovered Evidence: advance copy as sent to Wallaces by Morris Golding  28 April 2000

Motion for Habeas Corpus for Thomas Shay in Alfred's case (advance copy of draft motion)  28 April 2000

Trenkler's Notice of Appeal in case 99 10074 appealing Zobel 18 April 2000 decision in case #1:99-cv-10074-RWZ  16 May 2000

First Circuit Court of Appeals Order re: Appealability and Status Reports in Case 00-1657  5 July 2000

Trenkler Motion for New Trial or, in the alternative, evidentiary hearing  10 August 2000.  Contained in the motion were:

An affidavit by Robert W. Blair, Assoc. General Counsel for Tandy Corp/Radio Shack on the questionable nature of the purported Radio Shack receipt for 18 October 1991, and two Petitions for Writs to obtain the testimony of Thomas A. Shay and John Bowden,

Petition for Writ of Habeas Corpus ad testificandum for Thomas A Shay, and

Petition for Writ of Habeas Corpus ad testificandum for John J Bowden

Trenkler Application to the District Court for a Certificate of Appealability in case #1:99-cv-10074-RWZ  21 August 2000

Government memo of law in opposition to Trenkler Motion for New Trial  11 September 2000  Dennis Leahy Affidavit in support of Government's opposition to Trenkler motion for new trial  11 September 2000

Trenkler Reply to Government opposition for motion for new trial  26 September 2000

Trenkler Motion for hearing and oral argument as ALLOWED by Judge Zobel  26 September 2000

Judge Zobel approval of appealability of 2255 time bar issue  9 November 2000

First Circuit oks appeal on issue of time barring of appeal, case 00-1657  29 November 2000

Judge Zobel decision denying motion for new trial   Case No: 92 10369 RWZ  28 December 2000

Brief in First Circuit for Appellant Trenkler of 18 April 2000 District Court Decision, case 00-1657.   8 January 2001.  Appendix for Appellant's Brief to First Circuit.

Alfred Trenkler Motion for Extension of time within which to file notice of Appeal.  Motion was approved by Judge Zobel on 22 January 2001.

Government Motion for Additional Time in which to file its Brief.  23 January 2001

First Circuit Court of Appeals allow extension of time until 9 March 2001.  25 January 2001. Case 00-1657

Trenkler Notice of Appeal of 28 December 2000 decision by Judge Zobel denying a new trial. Case: 92 10369 RWZ  By attorney James Sultan. 20 February 2001

Brief for Alfred Trenkler in 1st Circuit Appeal 00 1657 by James Sultan  March 2001

First Circuit Order of the court in case 01 1323 showing intent to dismiss appeal as untimely  14 March 2001  The court said that the appeal, filed on 20 February, above, should have been filed by 7 February.  It gave Trenkler until 28 March to show cause why the appeal should not be dismissed.

Memorandum of Law from Alfred Trenkler to First Circuit re: its 14 March 2001 Order showing intent to dismiss appeal  28 March 2001

Judgment of the 1st Circuit: Appeal dismissed for lack of jurisdiction, Case 01-1323.   6 April 2001

Appellee brief in Case 00 1657 by David Mackey for Government  10 May 2001

Trenkler Petition to the U.S. Surpeme for Certiorari to 1st Circuit re timeliness decision of 6 April 2001(printed version of USSC case 01-25)  3 July 2001.  See also, larger type version.

Trenkler Reply Brief by Charles Rankin to First Circuit in case 00 1657   2 August 2001 (but cover sheet says "June 2001")

Brief by the U.S. Attorney General in opposition to the Petition for Certiorari to the U.S. Supreme Court  by Theodore Olson, Solicitor General, assisted by Asst. Atty General Michael Chertoff.  September 2001.

Petition for Writ of Certiorari to United State Supreme Court, denied  (Go to Page 204) 9 October 2001.

First Circuit Court of Appeals, Massachusetts, 16 October 2001. Appeal of Sentence - Denied 27 pages.  Case 00-1657 (For same opinion, from different reporting source, see Appeal of Sentence - Denied)

Third Circuit Court of Appeals, Pennsylvania, 18 December 2003.  Appeal of U.S. District Court - Denied.  10 pages. Case 03-1775

Petition for Writ of Mandamus in the First Circuit Court of Appeals, Massachusetts, 2004-5(?).

Denial by First Circuit Court of Appeals of Petition for writ of mandamus to District Court16 January 2005 

Petition for Writ of Certiorari to the United States Supreme Court filed. 14 May 2005.

Denial of Petition for Writ of Certiorari to U.S. Supreme Court. 20 June 2005. This was the Petition from the 1st Circuit's 16 January Denial of Writ of Mandamus, above.

Alfred Trenkler letter to Judge Rya Zobel re sentencing  1 December 2005

Motion to Examine Evidence (Color file 8. 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 Roslindale Bomb did not come from a Radio Shack switch.  The contacts are similar to the contacts in a switch made by "Philmore".  See pages 9 and 10 of the Motion.  28 June 2006.

Application for Writ of Coram Nobis and application for appointment as counsel for Alfred Trenkler, by Joan Griffin. 6 November 2006.  On 15 November, Judge Zobel approved appointment of counsel and ordered the U.S. Attorney's office to respond on the merits of the resentencing by 5 January 2007No response by the U.S. Attorney's Office was filed.

Order by Judge Zobel to the U.S. Attorney's Office to respond on the merits of the Application for a Writ of Coram Nobis by 2 February 2007.

26 January 2007. No response by the U.S. Attorney's Office was filed.

Order by Judge Zobel that the 8 March 1994 two-life term sentence for Alfred Trenkler be vacated and that the U.S. Marshals deliver Alfred Trenkler for resentencing on 8 April 2007.  20 February 2007.

Order by Judge Zobel allowing Writ of Coram Nobis. 12 April 2007

 

 

Other Documents Involving William David Lindholm not filed with court in U.S. v. Trenkler.

Timeline, 1990-1994, prepared by Alfred Trenkler legal team, of U.S. v. Lindholm, his 97 month sentence and early release after 42 months.

Criminal Docket for U.S. v. Lindholm, beginning in 1990

Conviction and Sentencing of William David Lindholm, to 97 month term,  21 August 1991

Letter from Roger A. Cox, attorney for William David Lindholm, to Paul v. Kelly, Asst. U.S. Attorney, asking for reduction of Lindholm's 97 month sentence because, "His assistance was extraordinary.  It was forthright, honest and compelling, and of immense value in strengthening the prosecution agianst Mr. Trenkler." 1 April 1994

Asst. U.S. Attorney reply to Roger Cox's request for reduction in sentence   12 April 1994

Attorney Roger Cox reply to Asst. U.S. Attorney Roger Cox  12 April 1994

Government motion for 24 month reduction of sentence for David Lindholm, 19 July 1994, and Order for 55 month reduction by Judge Woodlock, 3 September 1995    (without stating reason for doubling the amount of the reduction from what was requested by the U.S. Attorney's office.)

Affidavit of Asst US Atty Paul Kelly re Lindholm reduction in sentence  19 July 1994

Lindholm's Memorandum in support of Govt Motion for a Reduction in Sentence  28 July 1994

Lindholm affidavit re request for reduction in sentence  6 August 1994  See same affidavit, as annotated by Alfred Trenkler.

 

2002 Petition for Habeas Corpus in Federal Courts in Pennsylvania.

Alfred Trenkler filed a Petiton for Habeas Corpus with the U.S. District Court for the Middle District of Pennsylvania on the grounds that a statutory change had decriminalized the behavior for which he was convicted.  That is, because the U.S. Supreme Court had raised the standard of what constitutes Interstate Commerce for jurisdictional purposes.  Trenkler argued that because the 1986 Buick owned by Thomas A. Shay was not involved in Interstate Commerce, he should not have been charged with interfering with Interstate Commerce. See the "Chronology" section from 3 October 2002 through the 13 May 2004 Petition for Certiorari to the U.S. Supreme Court.

Involving Thomas A. Shay and U.S. v. Shay, in Chronological order (after six dockets)....

1. 1:92-cr-10276-RWZ, USA v. Shay, filed 24 Sept 1992 and closed 4 Jan 1993

2. 1:92-cr-10276-RWZ-1, USA v. Shay, filed 24 Sept 1992 and closed 4 Jan 1993

3. 1:92-cr-10369-EFH-1, U.S. V. Shay, filed 16 Dec. 1992 and closed 29 Oct 1998.

4. 1:92-cr-10369-EFH, USA V. Shay, filed 16 Dec. 1992 and closed 15 Dec 1998.

5. 1:92-mj-10031-JLA, USA v. Shay, filed 20 March 1992 and closed 13 May 1992 This docket is nearly empty, and is the same case as #6, below.  It relates to the Federal charge of communicating a false bomb threat, for which Tom Shay was jailed and held prior to his 1993 trial for the 1991 Roslindale bomb.

6. 1:92-mj-10031-JLA-1, USA v. Shay, filed 20 March 1992 and closed 13 May 1992 See #5, above. This case was dismissed by the request of the U.S. Attorney

Letter from AUSA Paul Kelly to Jefferson Boone re proffer made by Thomas A Shay 12 November 1992

Motion of Channel 56 to quash subpoena for documents related to Karen Marinella interview  12 January 1993

Memorandum of Law in support of above Motion of Channel 56 to quash subpoena for documents related to Karen Marinella interview  12 January 1993

US v Shay Defendant Thomas A. Shay's Motion for exculpatory evidence  2 March 1993

Defendant's Motion for Disclosure of bad acts specific conduct and criminal convictions if any  2 March 1993

Defendant Thomas A Shay's Motion to suppress statements  2 March 1993

Defendant Thomas A Shay's Motion for a Bill of Particulars  2 March 1993

Defendant Thomas A Shay's Motion to suppress statements obtained in violation of proffer agreement 2 March 1993  Defendant Shay's Memo of Law in support of motion to suppress statements  2 March 1993

Defendant's Motion for Further Discovery 2 March 1993

Defendant's Motion for Oral Argument (on above motions) 2 March 1993

20 March 1993 US District Court Warrrant for Thomas A Shay arrest with affidavit and criminal complaint   Complaint was originally sealed, and subsequently unsealed.

2 April 1993.  Judge Zobel denial of Government motion to compel production of Channel 56 interview by Karen Marinella of Thomas A Shay. as reported as 1993 WL 128728 (D. Mass.) (Footnote 1 reads: "There  has been no indication that the government seeks to use the videotape in connection with the prosecution of the codefendant, Trenkler; it is unlikely, in any event, that such a request would be proper under Bruton v. United States, 391 U.S. 123 (1968)".)

Transcript of hearing, Day 1, on Defendant Thomas A Shay motion to suppress  13 April 1993

Transcript of hearing, Day 2, on Defendant Thomas A Shay motion to suppress 14 April 1993

Government's motion for order submitting Thomas A Shay to mental health examination  22 April 1993

Government motion to preclude recall of Dwayne Armbrister at suppression hearing 5 May 1993  DENIED by Judge Zobel

Suppression Hearing for Thomas A. Shay. 12 May 1993 (Transcript not found.)

Memorandum of Law in support of Motion to Suppress statements  27 May 1993

Memorandum in support of Defendant Shay Motion to suppress identification by Dwayne Armbrister  28 May 1993

Memorandum of Law in opposition to introduction of evidence 1986 Quincy device at Shay Trial.   15 May 1993

Government renewed motion for order compelling WVLI Channel 56 to produce Karen Marinella interview with Thomas A Shay 30 May 1993

Thomas Shay Motion to Compel Government to Disclose Evidence Planned for Trial regarding prior bad acts  4 June 1993

Tom Shay response to Government Request for an Alibi 4 June 1993

Govt reply to Shay response to demand for notice of alibi  7 June 1993

Government Motion in Limine to admit evidence of 1986 bombing  10 June 1993  Memo of Law in support of Government Motion to admit evidence of 1986 bombing 10 June 1993

Judge Zobel ruling on other statements by Shay during psychological examination  15 June 1993

Judge Zobel rulings on motions to suppress other Shay statements 15 June 1993

Affidavit of Amy Baron Evans in support of motion to suppress  24 June 1993

Affidavit of Nancy Gertner in support of motion to preclude evidence of flight and use of name James Keough  24 June 1993

Shay Motion for bifurcated trial  24 June 1993  Shay memorandum in support of bifurcated trial  24 June 1993

Shay Motion to preclude evidence of 1990 bomb threat  24 June 1993

Shay Motion to preclude evidence of alleged use of aliases  24 June 1993

Shay Motion to preclude evidence of alleged theft by Tom Shay June 1988  24 June 1993

Shay Motion to preclude his social and psychological history  24 June 1993

Shay Motion to suppress Address Book 24 June 1993

Affidavit by Albert Gleason re: similarity of 1991 Roslindale Bomb to 1986 Hoffman Simulator device  25 June 1993

Trial of Thomas A. Shay 18 June 1993 to 27 July 1993

Collected 2516 Transcript pages for entire 21 day trial in a Searchable Adobe File.  The Day-by-Day transcripts below are Adobe files which are not searchable by word. 

28 June 1993.  Day 1 of Trial.  Bench conference arguments about opening statements and jury selection.

29 June 1993.  Day 2 of Trial U.S. District Court Judge Rya Zobel issues decisions on various motions by Thomas A. Shay's attorneys, Nancy Gertner and Jefferson W. Boone, to suppress statements by Thomas A. Shay and to suppress identification of him at the Mass. Ave. Radio Shack store. (Page 2 of decision is missing, and will be inserted when found.) See West's reported copy of decision, including the missing page. As reported as 1993 WL 263492 (D. Mass.)

30 June 1993 Day 3 of Trial  Jury Selection.  Jury visit to 39 Eastbourne Street. Bench conference about defense claim that nothing Thomas A. Shay says can be taken at face value, and expert witness.

1 July 1993,  Day 4 of Trial   Opening arguments.

    Robert Maloney, (pp 4-40 to 4-48)

   Denise Kraft (later changed surname to Corbett), (pp 4-49 to 4-86)

   Thomas Creavin Boston Police Dept, (4-87 to 4-116).

   Daniel Boeh, ATF, Team Leader, of the National Response Teams

    responsible for the Northeast (1 out of 4 such teams) (pp 4-119 to 4-138)

2 July 1993, Day 5 of Trial

   Daniel Boeh, (pp 5-6 to 5-29)

   Christopher Porreca, ATF, member of the National Response Team. Handled

       evidence collection. (pp 5-20 to 5-49)

   James McKernan, neighbor of Thomas L. Shay, living at 36 Eastbourne

       Street, retired member of Boston Fire Dept. (pp 5-50 to 5-83)

   Stephen Adams of the Austin Powder Company, (5-84 to 5-92)

   Cynthia Wallace, Forensic Chemist, ATF. (pp 5-93 to 5-121)

6 July 1993, Day 6 of Trial

   Cynthia Wallace, resumed (pp 6-3 to 6-93)

   Thomas Waskom, ATF, 6-94 to 6-136

7 July 1993, Day 7 of Trial   (pp 7-1 to 7-140)

   Thomas Waskom, resumed, (7-2 to 7-46)

  Thomas L. Shay, father of Thomas A. Shay, (7-47 to 7-137)

8 July 1993, Day 8 of Trial

  Thomas L. Shay, resumed, (8-3 to 8-175)

9 July 1993, Day 9 of Trial

  Christopher Shapley, automotive expert, on the circumstances of the

      bomb falling from a car in Thomas L. Shay's driveway, and the power of  

      magnets. (9-13 to 9-83)

  William Bridgeforth, Boston Police Dept., (9-84 to 9-91)  re

      transportation of Thomas A. Shay to mother's home on 29 October 1991

   Miller Thomas, Boston Police Dept, interview of Thomas A. Shay on

      early morning of 29 October 1991  (9-102 to 9-149). 

12 July 1993, Day 10 of Trial   (pp 10-1 to 10-126)

  Resumption of Miller Thomas testimony, (10-2 to 10-43)

  Dennis Harris, Boston Police detective, (10-43 to 10-62)

    At page 10-53, the police videotape was played of the 31 October 1991

     Thomas A.Shay press conference at the Trailways Bus Terminal in Boston.

      (See Chronology section of this website for more information about the

      press conference.)

  William Fogerty, Boston Police Dept., (pp 10-62 to 10-123)

13 July 1993, Day 11 of Trial   (pp 11-1 to 11-156)

  William Fogerty, Boston Police Dept., continued, (pp 11-2 to 11-54)

   Edward Carrion, (pp 11-55 to 11-110)

    Evelyn Pirrello, sister of neighbor of Thomas L. Shay, (11-111 to 11-

     121)  See analysis of that examination by Alfred Trenkler defense

    team.

   Robert Pirrello, (pp 11-122 to 11-129)

   Robert Evans, fellow inmate of Thomas A. Shay, (pp 11-131 to 11-154)

14 July 1993, Day 12 of Trial

   Robert Evans, fellow inmate of Thomas A. Shay, resumed, (pp 12-2 to 12-

    44)

    Russell Bonanno, friend of Thomas A. Shay, (pp 12-45 to 12-118)

   Christopher Henry, fellow inmate with Thomas A. Shay, (12-118 to

   12-147).

15 July 1993, Day 13 of Trial

  John Cates, roommate of Alfred Trenkler, (pp 13-3 to 13-45)

  Lawrence E Plant, fellow inmate with Thomas A. Shay, (pp 13-46 to 13-

   92) 

  Richard Brown, business partner of Alfred Trenkler at ARCOMM, (pp 13-93

   to 13-142)    

  Nancy Shay, mother of Thomas A. Shay, (13-143 to 13-161)

16 July 1993, Day 14 of Trial   (pp 14-4 to 14-141)

   Nancy Shay, resumed (14-11 to 14-75)

   Dennis Leahy, AFT agent, (pp 14-76 to 14-112)

19 July 1993. Day 15 of Trial pp 15-1 to 15-263

    Dennis Leahy, ATF agent, resumed,    (pp 15-1 to 15-35)

    Dwayne Armbrister, employee at Radio Shack store  (15-35 to 15-58)

    Frederick Burke, a friend of Thomas A. Shay

       from San Francisco. (15-59 to 15-96)

    Jeff Kerr, ATF agent  (15-97 to 15-114)

    Alan Pransky, attorney for Thomas L Shay in Civil Case, (15-114 to

    15-138)

    Stephen Sheid, ATF manager of EXIS database, (15-142 to 15-172)

    Thomas Waskom, recalled, (15-172 to 15-229)

    Donald Hansen, (15-230 to 15-260)

20 July 1993, Day 16 of Trial

   Court discussion of admissibility of 404b and Dr Robert Phillips

    testimony (16-2 to 16-5)

    Alan Pransky attorney for Thomas L Shay, resumed,  (16-6 to 16-74).

      The jury then viewed a 30-minute section of the 40 minute WVLI

        Channel 56 Interview of Thomas A. Shay by Karen Marinella.  See

        Transcript of interview. Click on AUDIO OF INTERVIEW to LISTEN to

        the entire interview.  Every statement made by Thomas A. Shay in that

        interview that indicated that Alfred Trenkler had a role in the "Shay     

        bomb" was false.  Every statement about Shay's relationship to Alfred

        Trenkler, beyond Trenkler's own precise description of the

        acquaintance is false.

   Francis Foley, Boston Police Dept., (pp. 16-75 to 16-92)  

21 July 1993, Day 17 of Trial (pp 17-1 to 17-119)

     Frank Armstrong, Boston Police Dept., (pp 17-18 to 17-28)

     Josephine Wallace, mother of Alfred Trenkler, (17-29 to 17-39)

    Jack Wallace, stepfather of Alfred Trenkler, (17-40 to 17-45)

    John Cates, roommate of Alfred Trenkler, resumed (pp. 17-46 to 17-74)

    Roy Kaplan, (pp 17-75 to 17-80)

     Scott Critcher, employee of Store 24 in Boston, and host of Halloween

     Party, (17-80 to 17-102)

    Greg Calver, employee of Store 24 in Boston. (17-102 to 17-105)

    Gary Starkey re: Thomas A. Shay at Critcher Halloween Party, (17-105

     to 17-109) 

22 July 1993, Day 18 of Trial

   William McPhee, Previous Attorney for Thomas A. Shay, (pp 18-20 to 18-

    56)

   David Shilalis, acquaintance of Thomas A. Shay, (pp 18-57 to 18-69)

23 July 1993, Day 19 of Trial   (pp 19-1 to 19-118)

   Closing Argument by Asst. US Attorney Paul Kelly (pp 19-3 to 19-31)

   Closing Argument of Defense Lawyer Nancy Gertner (pp 19-31 to 19-69)

   Rebuttal Government Argument by Asst. US Attorney Frank Libby

       (pp 19-69 to 19-79)

   Charge to the Jury by Judge Zobel (pp 19-79 to 19-108) 

26 July 1993  Day 20 of Trial  Bench conference and short discussion with

   the jury about its work.

27 July 1993 Final deliberations and Verdict.  Day 21 of Trial

3 August 1993  Motion for Hearing on Extraneous Prejudicial Information 

3 August 1993 Motion for Judgment of Acquittal

3 August 1993 Motion for New Trial   denied on 28 September 1993.

31 August 1993  Govt opposition to Shay Motion for hearing on extraneous prejudicial information

31 August 1993  Govt opposition to Shay Motion for judgment of Acquittal

31 August 1993 Govts opposition to Shays Motion for a New Trial

24 September 1993 Letter to Probation Services with defense objections to the draft Presentence Report

1 October 1993 Sentencing Memorandum by Shay's legal team

5 October 1993 Government Sentencing Memorandum

8 October 1993 US v Shay No 92 10369 Disposition hearing and testimony of Dr Robert Phillips re Shay lying; and sentence.

8 October 1993 Judgement in a Criminal Case - U.S. v. Thomas A. Shay a.k.a. James Keough, Thomas Ashay, Mike Peters, Thomas Peters

18 October 1993 Motion to Quash Subpoena for Tom Shay to testify at Trial of Alfred Trenkler

1 November 1993 Opposition to Government's Motion for Issuance of Immunity Order and for Reconsideration of its Order Quashing Subpoena

18 March 1994 Appeal to First Circuit of conviction of Thomas A Shay by attorneys Kathy Weinman and Amy Baron-Evans, Case 93 - 2141

6 May 1994 US v Shay First Circuit Appeal Brief of Appellee Government Case 93-2141 including the Appellee Government Brief Addendum with exhibits

25 May 1994 US v Shay First Circuit Appeal Reply Brief of Appellant Thomas A Shay Case 93 2141

22 June 1995  First Circuit Court of Appeals remanding the case back to

      the District Court for further consideration of the excluded

      testimony of Dr. Robert Phillips.  Judges Torruella, Boudin and

      Barbadaro (wrote opinion)  Case 93-2141.  (Original Text) (Opinion as

      published in Westlaw at 57 F 3rd 126)

31 October 1995 District Court Judge Zobel Procedural order re handling of 1st Circuit Remand in Shay Case

28 November 1995 Government Motion to the First Circuit Court of Appeals for Clarification as to scope of its remand in Shay case appeal. Case No. 93-2141

27 December 1995  First Circuit Order of the Court for Shay Remand Case 93-2141  "The government argues in its motion for clarification that the district court construed its authority on remand too narrowly.  We agree.  We did not determine whether the proposed testimony satisfied Rule 702's other requirements.  Nor did we limit the district court's power to consider this question on remand.  Thus, the government's motion is granted."

24 September 1997 Judge Zobel decision that testimony of Dr. Phillips is admissible.

___  1997  Brief of Government Appeal to the First Circuit of the decision by Judge Zobel to admit Dr. Phillips' testimony (not yet scanned)

___ 1997 Brief by defendant  Thomas A. Shay (not yet scanned)

1 April 1998 US v Shay First Circuit Decision in case 93 2141 ordering new trial

29 October 1998 Hearing before Judge Harrington on guilty plea for Thomas A Shay and new sentence     See actual plea agreement between Thomas A. Shay and the U.S. Attorney's office.

24 July 2007 Order by Judge Rya Zobel that Thomas A. Shay be sentenced to 33 additional months in prison  for violating his supervised release.

Other Affidavits

undated Affidavit of Allenwood Prison inmate, Mark O'Berg regarding Alfred Trenkler.

23 May 1996 Affidavit of Allenwood Prison inmate, Frederic Trainor, regarding Alfred Trenkler.

9 July 1998 Affidavit of Allenwood Prison inmate, Thomas Young Conley, III, regarding Alfred Trenkler.

 

Documents from John D. (Jack) Wallace, stepfather of Alfred W. Trenkler.

Alfred Trenkler's stepfather, John D. (Jack) Wallace has spent thousands of hours working on behalf of Alfred, and has written many documents.  A few of them are presented below on this "under construction" page, and they will be included in the expanded version of the website, when launched in late Spring 2006.

Memoranda to Judges:

20 November 1997 to the Judges of the First Circuit Court of Appeals, Torruella, Selya, Coffin and Stahl, and District Court judges Tauro and Zobel, and to Asst. U.S. Attorney Kevin McGrath and to Alfred Trenkler and his attorneys Morris Goldings and David Beck. Regarding various aspects of the 1993 conviction of Alfred Trenkler.

17 December 1997  to the same addressees.  Regarding the similarities between jailhouse informants Lawrence Plant and David Lindholm.

 

14 January 1998 to the same addressees. Regarding the reliability of W. David Lindholm, with supporting newspaper articles.

See 14 February 2001 Reply by U.S. District Court Chief Judge William Young to letter from Jack Wallace to him (not yet posted), with a copy to Judge Zobel.

1 November 2005  to U.S. District Court Judge Edward F. Harrington.  Regarding Mr. David Apfel.

Jack Wallace also wrote five undated summaries of various aspects of the case.

"Alfred W. Trenkler - Serving a Life Sentence for a Crime He Did Not Commit - Important Facts the Jury Did Not Have When They Arrived at a Guilty Verdict"

"Alfred W. Trenkler - The Case for Reasonable Doubt - Discrepancies in the Majority Opinion of the United States Court of Appeals for the First Circuit"

"Alfred W. Trenkler - The Case for Reasonable Doubt - Errors in Judgment by the District Court"

"Alfred W. Trenkler - The Case for Reasonable Doubt in Support of Alfred's Complete Innocence - Serving Life Imprisonment for a Crime He Did Not Commit whereas his Co-Defendant, Co-Conspirator was Released After 12 Years."

"Alfred W. Trenkler - Serving a Life Sentence for a Crime He Did Not Commit - The Case for Reasonable Doubt in Support of Alfred's Complete Innocence"

Motion to Examine Evidence (Color file 8. 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 Roslindale Bomb did not come from a Radio Shack switch.  The contacts are similar to the contacts in a switch made by "Philmore".  See pages 9 and 10 of the Motion.  28 June 2006.