This is a reproduction of a July 1, 1996 letter from John Gregory Lambros to Senator Jesse Helms, the Assistant U.S. Attorney and Lambros's attorney requesting subpoenas for his re-sentencing.
July 1, 1996
John Gregory Lambros
Reg. No. 00436-124
P.O. Box 1000
Leavenworth, Kansas 66048-1000
Web site: http://www.brazilboycott.org
U.S. Assistant Attorney Douglas Ray Peterson
District of Minnesota
U.S. Federal Courthouse
316 North Robert Street
St. Paul, Minnesota 55101-1460
Attorney Colia F. Ceisel
Suite 500, Minnesota Building
46 East 4th Street
St. Paul, Minnesota 55101
U.S. Senator Jesse Helms & The Foreign
United States Senate
Dirksen Building, Room 403
Washington, D.C. 20510
U.S. CERTIFIED MAIL NO. P-076-327-519 RETURN RECEIPT REQUESTED
RE: SUBPOENA OF JOHN LOWELL, AMERICAN COUNSEL OFFICER SUBPOENA OF NELIO ROBERTO SEIDL MACHADO, LAMBROS' ATTORNEY SUBPOENA OF CARLOS ROBERTO SCHLESINGER, LAMBROS' ATTORNEY IN THE RE-SENTENCING OF JOHN GREGORY LAMBROS, DISTRICT OF MINNESOTA, CRIMINAL FILE NO. CR-4-89-82.
Dear Senator Helms, Foreign Relations Committee, Attorney Ceisel and Attorney Peterson:
Upon review of documents released by the U.S. Department of State, page 82:
March 24, 1992:
Dr. Schlenger [Schlesinger] returned the call instead of Dr. Machado. He said he last visited Lambros on March 19, 1992 in Brasilia. He thinks he is paranoiac. Among other things Lambros says there is an instrument in his eyes, that he is having mental torture and adds: "YOU KNOW WHAT I'M TALKING ABOUT".
Dr. Schlenger [Schlesinger] said he has a letter addressed to President Bush and President Collor to be delivered. (He wants to talk to you about these letters).
Dr. Schlenger [Schlesinger] will be available tomarrow at any time; we can call him at our convenience.
Hand written notes on document
Last known position and address of the above:
1. John A. Lowell
U.S. Department of State
U.S. Embassy, Rio de Janeiro, Brazil
2. Nelio Roberto Seidl Machado
Rua Anfilofio De Carvalho
Rio de Janeiro, RJ
OAB/RJ (Brazilian Order of Attorneys', Rio de Janeiro, Brazil) #23.532
3. Carlos Roberto Schlesinger
Schlesinger e Schettino, Advogados
Rua da Quitanda, 20/4 Andar
Rio de Janeiro, RJ
OAB/RJ (Brazilian Order of Attorneys', Rio de Janeiro, Brazil) #30.054
REQUEST TO HAVE LOWELL, MACHADO AND
TO DISCLOSE INFORMATION AND TESTIFY AT LAMBROS' RESENTENCING AS
TO FACTS REGARDING LAMBROS' TORTURE AND INSTRUMENTS IN HIS EYES
I am requesting U.S. Senator Jesse Helms and the Foreign Relations Committee to make an inquiry as the facts within exhibit A and to ORDER the District Court in Minnesota to release all information as to the information disclosed. Also I am requesting U.S. Assistant Attorney Douglas Ray Peterson, Attorney Colia Ceisel and the and the District Court of Minnesota that will be resentencing John Gregory Lambros to interview and subpoena Lowell, Machado and Schlesinger regarding the facts surrounding Lambros' arrest, incarceration/holding, legal representation, court proceedings, torture, use of electronic devices on and in Lambros, the "GRID/ DEPATTERNING CELL/ROOM" within the Brazilian Federal Police Station in Brasilia, Brazil, FUNAP Penitentiary were Lambros was held in Brasilia, Brazil and the conversations that took place between Lambros, Machado & Schlesinger at FUNAP Penitentiary and any and all information that is relivant to the thirteen (13) months Lambros was held in Brazil during U.S. Extradition proceedings and all information regarding correspondence submitted to and heresay information regarding Lambros from the date of his extradition to present. I am also requesting LOWELL, MACHADO & SCHLESINGER to submit a list of laws, both Brazilian, U.S., Treaty and United Nations and any other applicable laws, that have been BROKEN in the prearrest, arrest, holding, court proceedings, extradition and current monitoring and control of John Gregory Lambros.
Under BRADY vs. MARYLAND, 373 U.S. 83 (1963), the Supreme Court held that the Government is REQUIRED to disclose evidence favorable to an accused UPON REQUEST where the evidence is material to guilt or punishment, id. at 87. Under BRADY, exculpatory evidence cannot be kept out of hands of defense just because PROSECUTOR does not have it, where INVESTIGATIVE AGENCY DOES, U.S. vs. ZUNO-ARCE, 44 F3d 1420 (9th Cir. 1995). The U.S. Department of State was the investigating agency as to my arrest, interview the day of arrest, visitation of my family in Rio de Janeiro, Brazil, denial of bail hearing in Rio de Janeiro, Brazil, denial of U.S. extradition papers I was arrested on in Brazil, violation of my EIGHTH AMENDMENT RIGHTS in exposing Lambros to U.S. contracted cells that are replete of vermin, contaminated drinking water, no one hour exercise periods daily as per international law, no toilets, etc., that resulted in a condition of confinement more bestial than human. JOHN A. LOWELL, was the U.S. Embassy official that was responsible for the above listed actions in Rio de Janeiro, Brazil for 59 days before I was forceably transferred to Brasilia, Brazil.
ANDERSON vs. US, 788 F.2d 517 (8th Cir. 1986)(Definition of materiality for purposes of BRADY vs. MARYLAND applies to all cases of prosecutorial failure to disclose favorable evidence, whether there was "no request", "general request," or "specific request.")
US vs. OXMAN, 740 F2d 1298 (3rd Cir. 1984) (When prosecutor receives a specific and relevant request for BRADY material, failure to make any response is seldom, if ever, excusable.)
MYATT vs. US, 875 F.2d 8 (lst Cir. 1989) (Evidence can be exculpatory, for purposes of compelling disclosure under BRADY, although the evidence is not directly about defendant; there will be many cases in which impeachment evidence concerning witnesses or codefendants will lead to reasonable doubt about defendant's guilt or innocence.)
US vs. AICHELE, 941 F.2d 761 (9th Cir. 1991) (To escape BRADY SANCTION, disclosure must be made at time when disclosure would be of value to accused).
US vs. FARLEY, 2 F.3d 645 (6th Cir. 1993) (Evidence which may be used to impeach prosecution witness falls within the scope of Brady Rule and therefore, must be disclosed upon defense counsel's request.)
RULE and therefore, must be disclosed upon defense counsel's request).
US vs. SEVERSON, 3 F.3d 1005 (7th Cir. 1993)(BRADY requirement that government disclose exculputory evidence also applies at sentencing).
KYLES vs. WHITLEY, 131 LEd2d 490 (1995) (On federal habeas corpus review, accused who had been convicted of murder and sentenced to death in Louisiana trial, held entitled to new trial because of prosecution's failure to disclose material evidence favorable to accused).
US vs. HANNA, 55 F3d 1456 (9th Cir. 1995) (BRADY MATERIAL is any evidence material either to guilt or punishment which is favorable to accused, irrespictive of good faith or bad faith of prosecution. Prosecutor's duty to reveal BRADY MATERIAL does not depend on request by defendant).
Both Machado and Schlesinger will be able to expound on all testimony by John Lowell.
It is my understanding that John Lowell was involved in covering-up investigations with his partner Aldrich Ames in Latin America in the early 1980's. I was informed that Lowell was very active in hindering the investigations of Michael Levine, past DEA Agent while working in Argentina.
It is unfortunate that high ranking U.S. Department of State officials such as Margaret Murphy, John Lowell and the U.S. State Department attorney for Brasilia Brazil, P. Rollo have not even attempted to assist another U.S. Citizen as he begged for their help as he was being tortured daily in a facility that they had full knowledge of as being used for such treatment to humans.
It should be very interesting as to the reasons why LOWELL, MACHADO & SCHLESINGER did not request the Supreme Court of Brazil, President Collor or President Bush to inspect the torture facility I was placed in. I believe Argentine law requires that a JUDGE personally inspect all such allegations.
On June 27, 1996, I received the returned large envelope that contained my May 27, 1996, MOTION TO HAVE COURT ORDER U.S. ASSISTANT ATTORNEY DOUGLAS RAY PETERSON TO ORDER POLYGRAPH TESTING AND QUESTIONING OF U.S. DEPARTMENT OF STATE PAST AND PRESENT EMPLOYEES AND U.S. DEPARTMENT OF JUSTICE PAST AND PRESENT EMPLOYEES AND CONTRACT AGENTS WHO ARE RESPONSIBLE IN HAVING JOHH GREGORY LAMBROS PLACED IN THE KNOWN BRAIN AND BODY IMPLANTATION AND TORTURE INTERROGATION FEDERAL POLICE STATION IN BRASILIA, BRAZIL THAT HAD A "DEPATTERNING CELL(S)/ ROOMS" WITHIN IT DURING l991 THRU 1992 THAT WERE BUILT BY U.S. ARMY CORPS OF ENGINEERS IN THE LATE 1960's, AS SWORN TO BY PAST U.S. ARMY RANGERS INTELLIGENCE OFFICER PURVIS CARTWRIGHT, BUREAU OF PRISONS INMATE NUMBER 59478-079 WHO TRAINED BRAZILIANS IN THE USE OF IMPLANTATION AND TORTURE AT THE ABOVE-STATED POLICE STATION, that was sent to:
LUIZ CARLOS ANDREACI
8225 LAKE DRIVE, C-502
MIAMI SPRINGS, FLORIDA 33166-7795
on June 14, 1996. The envelope was marked RETURNED TO SENDER, FORWARD ORDER EXPIRED. Lambros will remail the returned envelope to Andreaci's U.S. Parole Officer in Miami, Florida and contact INTERNET BOUNTY HUNTERS for assistance in locating Andreaci. As you know Andreaci was active in the torture and use of electronics on Lambros at the Brazilian Federal Police Station in Brasilia, Brazil.
As the U.S. Senate knows, "[S]entencing is a critical stage of a criminal trial; to a criminal defendant, perhaps the most important." UNITED STATES vs. HAMID, 531 A.2d 628, 643 (D.C. 1987). It "is the time at which for many defendants the most important service of the entire proceeding can be performed." ABA STANDARDS FOR CRIMINAL JUSTICE, 18-6.3(e). May I suggest you review chapter 10, SENTENCING, within the CRIMINAL PRACTICE INSTITUTE, 1995 TRIAL MANUAL, VOLUME I. The above individuals can add invaluable information to the Court during my RE-SENTENCING.
The CRIMINAL PRACTICE INSTITUTE TRIAL MANUAL is produced by the PUBLIC DEFENDER SERVICE FOR THE DISTRICT OF COLUMBIA.
It is the duty of the U.S. Senate, U.S. Assistant Attorney Douglas Ray Peterson, Attorney Colia F. Ceisel and the District Court of Minnesota to investigate the TRUTH as to why SOME SORT OF INSTRUMENT WAS PLACED IN LAMBROS EYES. The U.S. Department of State release page 82, states that Schlesinger knows the reasons why and that he has knowledge of the fact that Lowell also has knowledge of the facts why instruments were placed in Lambros' eyes.
Thanking you in advance in securing subpoenas for LOWELL, MACHADO AND SCHLESINGER so they may testify as to the facts of torture and forced implantation to Lambros.
John Gregory Lambros
1. Page 82, U.S. Department of State release.
I DECLARE UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Title 28 §1746.
EXECUTED ON JULY 1, 1996
c : 1. Clerk of the Court, District of Minnesota, U.S. Federal Courthouse, 316 North Robert Street, St. Paul, Minnesota 55101-1460. U.S. CERTIFIED MAIL NO. P-076-327-520.
2. JOHN LOWELL, NELIO ROBERTO SEIDL MACHADO and CARLOS ROBERTO SCHLESINGER in c/o PRESIDENT OF BRAZIL FERNANDO HENRIQUE CARDOSO, c/o AMBASSADOR OF BRAZIL USA, 3006 Massachusetts Avenue, N.W., Washington, D.C. 20008.
3. Arthur E. Green, Director, WASHINGTON FOREIGN PRESS CENTER, 898 National Press Building, 529 - 14th Street, N.W., Washington, D.C. 20045. E-Mail: email@example.com
4. His Eminence Arch Bishop Iakovos, 10 East 79th Street, New York, NY 11021
5. Medical Information Bureau (MIB), TRW Credit Information Services, Equifax Information Services Center, Trans Union.
6. Web site posting/listing and E-Mail release to human rights groups.
Fax from: AMCONG RJ - BRAZIL 1.14.1993 7:31 p.67
March 24, 1992
Dr. Schlenger returned the call instead of Dr. Machado. He said he last visited Lambros on March 19, 1992 in Brasilia.
- He thinks he is paranoiac.
Among other things Lambros says there is an instrument in his eyes, that he is having mental torture and adds: "YOU KNOW WHAT I AM TALKING ABOUT". . . Dr. Schlenger said that he has a letter addressed to President Bush and President Collor to be delivered. (He wants to talk to you about these letters). Dr. Schlenger will be available tomorrow at any time; we can call him at our convenience.
(1) Lambros thinks that his defense should be based on his allegation that this is a death sentence, & therefore prohibited.
(2) Lambros is asking to refuse or attempt to limit - little chance of defeating extradition.
For more information write (snail mail) JOHN GREGORY LAMBROS directly at:
JOHN GREGORY LAMBROS
Prisoner No. 00436-124
U. S. Penitentiary Leavenworth
PO Box 1000
Leavenworth, KS 66048-1000