June 29, 2000, AFFIDAVIT OF ATTORNEY JOSEPH S. FRIEDBERG, 250 Second Avenue South, Suite 205, Minneapolis, Minnesota 55401. Attorney FRIEDBERG's AFFIDAVIT was submitted with Defendant FAULKNER's June 30, 2000, MOTION and MEMORANDUM in support of their request for dismissal and/or summary judgement. Please note that Attorney FRIEDBERG states that he is familiar with applicable standards for competency of criminal defense lawyers and is of the opinion Attorney FAULKNER's representation DID NOT fall below an objective standard of reasonableness for counsel in a criminal case. Lambros can only wonder how many times Attorney FRIEDBERG has MISINFORMED his criminal clients of the INCORRECT criminal sentence they could receive??? Please refer to LAMBROS' May 11, 1999, motion, "PLAINTIFF'S RESPONSE TO DEFENDANTS' MOTION TO DISMISS OR FOR SUMMARY JUDGEMENT, MEMORANDUM IN SUPPORT AND REQUESTED ORDER DATED APRIL 26, 1999," pages 14, 15, 16, and 17, and YOU decide if you would hire Attorney Friedberg to represent you in a criminal or civil case. FRIEDBERG's AFFIDAVIT is a total of three (3) pages.
JOHN GREGORY LAMBROS
CHARLES W. FAULKNER, SUED AS ESTATE/WILL/BUSINESS INSURANCE OF DECEASED ATTORNEY CHARLES W. FAULKNER
SHEILA REGAN FAULKNER
FAULKNER & FAULKNER, Attorneys at Law
JOHN & JANE DOE
AFFIDAVIT OF JOSEPH S. FRIEDBERG
Joseph S. Friedberg, being first duly sworn, states and deposes under oath as follows:
1. He is a lawyer licensed to practice law in the State of Minnesota,
the federal district of Minnesota and various other jurisdictions.
He has been licensed to practice law since 1966. His practice for
the past thirty four years has been primarily in the area of
2. He was asked to review the transcript of the trial of Jeffrey
Lambros, District Court File No. 4-89 Cr. 82(5), in light of the
claims made by Mr. Lambros against his defense counsel Charles
3. In addition to reviewing Mr. Lambros' trial transcript and the
Amended Complaint filed in this case, affiant has reviewed the
3. In view of Mr. Lambros' claims that Mr. Faulkner committed
malpractice in a variety of ways, I took particular note of the following:
Prior to the trial starting, a record was made before Judge Murphy regarding plea negotiations. At the time, Mr. Lambros announced, "I don't choose to negotiate., ma'am." T.1-12
Mr. Lambros rejected a plea offer from the prosecutor which called for a sentence of seven years. The mispreception of trial counsel, the prosecutor and trial judge regarding a life sentence was corrected by the Eighth Circuit and Mr. Lambros did not receive a life sentence after remand in United States v. Lambros, 65 F.3d 698 (8th Cir. 1995) cert. denied 516 U.S. 1082 (1996). Mr. Lambros' sentence of 360 months was affirmed in United States v. Lambros, 124 F.3 ) d 209 (8th Cir. 1997).
Mr. Lambros insisted upon testifying despite the advice of his counsel (T.IV-562), the trial court found Mr. Lambros' testimony perjurious and increased his sentence under Section 3C1.1, Federal Sentencing Guidelines, and in the Eighth Circuit Court's opinion affirming the enhancement, the Court noted that "the record shows unequivocally that Lambros's trial testimony was insincere, cynical and calculated-willful perjury of the most odious kind." United States v. Lambros, 65 F.3d at 702.
5. Based upon my review of Mr. Lambros' trial transcript, the file and Mr. Lambros' claims of legal malpractice, in my opinion Mr. Faulkner's representation did not fall below an objective standard of reasonableness for counsel in a criminal case.
6. In affiant's opinion, none of the issues for which the plaintiff claims errors amounting to malpractice caused plaintiff injury or incarceration. In affiant's opinion, Mr. Lambros' conviction and sentence are not the result of any shortcomings on the part of his appointed counsel.
Signed: Joseph S. Friedberg
Notarized 29 June 2000
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
THANK YOU FOR YOUR SUPPORT AND ASSISTANCE IN MY BOYCOTT OF BRAZILIAN PRODUCTS.