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  • Filed in Clerk'S Office: James N. Hattfn Clerk

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    Scott Hintz filed a motion requesting the court take judicial notice of certain events and correct the docket in his case. He alleges his attorney had conflicts of interest and waived his appeal rights against his wishes. He further claims his attorney and others have taken actions to intimidate witnesses and interfere in his civil claims. Hintz provides an affidavit describing statements made by his opponents' attorney that indicate improper ex parte communication with judges and an intent to ensure Hintz is sent back to jail. He requests the court grant the relief sought in an earlier filing to address these issues.

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    Scott Hintz filed a motion requesting the court take judicial notice of certain events and correct the docket in his case. He alleges his attorney had conflicts of interest and waived his appeal rights against his wishes. He further claims his attorney and others have taken actions to intimidate witnesses and interfere in his civil claims. Hintz provides an affidavit describing statements made by his opponents' attorney that indicate improper ex parte communication with judges and an intent to ensure Hintz is sent back to jail. He requests the court grant the relief sought in an earlier filing to address these issues.

    Copyright:

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    81 views5 pages

    Filed in Clerk'S Office: James N. Hattfn Clerk

    Uploaded by

    jdoe10010
    Scott Hintz filed a motion requesting the court take judicial notice of certain events and correct the docket in his case. He alleges his attorney had conflicts of interest and waived his appeal rights against his wishes. He further claims his attorney and others have taken actions to intimidate witnesses and interfere in his civil claims. Hintz provides an affidavit describing statements made by his opponents' attorney that indicate improper ex parte communication with judges and an intent to ensure Hintz is sent back to jail. He requests the court grant the relief sought in an earlier filing to address these issues.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    of 5

    Case 1:03-cr-00131-CC Document 296 Filed 05/02/11 Page 1 of 5

    FILED IN CLERK'S OFFICE


    U.S.D.C. IItlal1ll
    UNITED STATES DISTRICT COURT
    NORTHERN DISTRICT OF GEORGIA MAY - 22011
    ATLANTA DIVISION
    JAMES N. HATTfN CLERK

    SCOTI HINTZ,
    Petitioner
    *
    By:
    .~~
    •

    *
    *
    v. * No.1 :03-CR-131-CC
    *
    UNITED STATES OF AMERICA, *
    Respondent *

    MOTION FOR JUDICIAL NOTICE AND TO SUPPORT DOC.#294 FILING

    Petitioner has been on appeal since 2004, Petitioner has previously sought leave to file Pro Se

    with this Court. This Court has approved Petitioner's desire to file Pro Se. This was most

    recently evidenced by this Court's acceptance of Petitioner' s Habeas Appeal (doc. #253). The

    filing of this Habeas Appeal was suggested by the 11 th Circuit Court of Appeals after they found

    appointed counsel (who was appointed by a Judge with personal, professional and financial

    conflicts of interest in this case) waived some of Petitioner'S direct appeal rights (evidence shows

    this was done against the very specific directions of this Petitioner). Petitioner had requested the

    recusal of the judge and had requested the Court either replace counselor allow Petitioner to

    proceed Pro Se on direct appeal rather than be "forced" to use counsel with serious conflict of

    interests. To date, tbere has NEVER been a bearing on these issues.

    The docket of this case incorrectly states this case has been closed since August 17,2006.

    The appeals of this case started in 2004, are still open, and are awaiting hearings. This Court has

    also becn informed individuals associated with the Gerova-Net Five companies were also

    involved in convincing this Petitioner into entering into the involuntary and unknowing plea of

    Page 1 of 4 5'1f
    Case 1:03-cr-00131-CC Document 296 Filed 05/02/11 Page 2 of 5

    this case and they have also been involved in decisions and actions leading to the subject matter

    of this case (see doc. #'s 281, 284, and 294).

    Since the last filing in this case, there have been even more troubling events that further

    evidence the need for the relief sought in doc. #294.

    AFFIDAVIT

    I, Scott Hintz, state the following are true to the best of my knowledge, and under the penalty of

    petjury, pursuant to 28 USC Section 1746:

    A. On April 22, 2010 Robert Willison stated his and Mike Garone's attorney, Jerry

    Froelich, was observing Good Friday and would not be available to represent them

    because Mr. Froelich was observing this religious holiday. To accommodate Mr.

    Froelich's observance of the religious holiday, the warrant hearing was reset to April

    29, 2011. Mike Garone and Robert Willison, before and after this criminal warrant

    hearing, took actions against me and others to clearly intimidate and discourage

    testimony against their alleged illegal activity; Willison and Garone also

    communicated with sufficient specificity to show they believed I would be

    incarcerated on April 25, 2011.

    B. On April 29, 201l, various witness heard attorney Jerry Froelich state he had

    discussed this case (apparently exparte as there is no record evidence of any such

    conversations in this case) with Judge(s) involved with this case and he stated that I

    had already been found guilty and that everything has already been set up to send me

    back to jail.

    C. I was told about some of Mr. Froelich's statements and came into the courtroom to

    hear Mr. Froelich's statements and ensure he would not have exparte communications

    Page 2 of 4 SIf
    Case 1:03-cr-00131-CC Document 296 Filed 05/02/11 Page 3 of 5

    with the state judge, I overheard Mr, Froelich make false statements to the state udge,

    When I corrected attorney Jerry Froelich about his false statements, and informed Mr.

    Froelich that the allegations his clients have made against me are false and would still

    have to be determined by trial, Mr, Froelich told me he has already talked to Judge

    Cooper and that Judge Cooper had already determined I would "go back to jail" at my

    hearing before Judge Cooper and that the only thing left to do was to determine only a

    sentence, Others were present to overhear Mr. Froelich's statements to me, to his

    clients, and to others.

    D. Mr. Jerry Froelich became agitated when I corrected him about his clearly false

    statements and began raising his voice so much so that a court deputy came over to

    him. He asked the warrant hearings be held as far in the future as possible. I

    requested the hearing be held immediately because Mr, Froelich, both his clients, my

    witnesses and evidence, and I were all present for the hearing. The state judge

    compromised and reset the warrant hearing for a second time to give Mr, Froelich

    further time to prepare for the first warrant hearing.

    E. Immediately after Jerry Froelich's April 29, 2011 eourt outbursts, he was questioned

    by a local CBS reporter. Mr. Froelich's questionable behavior and apparent anger

    issues arc also visible in CBS Atlanta's April 29, 2011 news story entitled, "Attorney

    Gets Physical Trying To Stop Tough Questions." The video is at the following

    link:

    http://www.ebsatlantacomllocalvideo/index.html?grabnetworks video id=4669743

    F. Jerry Froelich showed a similar, but not as extreme, outburst when I intended to call

    him as a witness for his personal a2Jw~ns and statements during the April 13, 2011
    Page30f4 Sit
    Case 1:03-cr-00131-CC Document 296 Filed 05/02/11 Page 4 of 5

    hearing of this case, His outbursts can be heard in the background of the court

    recording for this hearing.

    G. On April 29, 2011, I was informed by USPO Lisa Moore that Jerry Froelich had just

    contacted her. The statements he made were false statements and I informed Ms.

    Moore that Mr. Froelich was lying and was acting very questionably.

    H. On April 29, 2011, I was specifically informed Mr, Froelich's questionable actions

    and his false statements to United States Govemement employees were made very

    specifically to interfere with the civil RICO claims I have brought against his clients.

    I state the above statements are true to the best of my knowledge this 30th day of April 2011.

    Scott Hintz

    CONCIJUSION

    For all the above reasons and those that will be testified andlor presented in Court-if

    necessary, this Court should: (A) Take judicial notice of all the items above, (B) Correct the

    docket to reflect the appeal of the underlying case is still open, and (C) Immediately grant the

    relief requested in doc.#294 filing of this case.

    Respectfully submitted this 30th day of April 20 II.

    -a; -­
    Scott Hmtz, Pro Se Petitioner

    VIA CERTIFIED MAIL #7009 1680000045552509

    page40f4 SH
    Case 1:03-cr-00131-CC Document 296 Filed 05/02/11 Page 5 of 5

    CERTIFICATE OF SERVICE

    I, Sentt Hintz, certify I have served upon:

    AUSA Leslie J. Abrams


    600 U.S. Courthouse
    75 Spring Street, SW
    Atlanta, GA 30303

    A true copy of the foregoing filing this 30th day of April 2011 by sending same in a sealed
    envelope with sufficient 1st class postage for delivery.

    Respectfully,

    &e­

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