Walter J. Burien, Jr.

P.O. Box 42

East Brunswick, NJ 08816

(732) 790-9233

 

IN THE SUPERIOR COURT OF THE STATE OF NEW JERSEY
IN AND FOR THE COUNTY OF MIDDLESEX

 

Walter J. Burien, Jr.,                             ]                       INDICTMENT No. 06-02-00212

                                                            ]                       FILE No. 05002797

                                    Defendant,        ]                      

vs.                                                        ]                      

                                                            ]                       MOTION TO EXPIDITE A SIGNED

THE STATE OF NEW JERSEY         ]                       ORDER OF THE COURT

                                                ]                   

                                    Plaintiff.            ]                       HONORABLE JUDGE Dennis V. Nieves

___________________________                                                                 

 

New Jersey State                   ]

                                                ] ss.

Middlesex county                  ]

 

            Petitioner / Father, Sui-Juris hereby submits the following MOTION TO EXPIDITE A SIGNED ORDER of the court for the following good cause.

 The here and now Defendant in the Administrative action 06-02-00212 captioned above, Walter J. Burien, Jr., has personal knowledge of, and is competent to testify as to, each and every fact set forth.

 

1.          Defendant was incarcerated on 11/23/05 in the MCACI under $150,000 bail.

 

2.          Defendant though indigent was denied a Public Defender when requested in writing on three occasions. Attached and marked within DEFENDANT’S EXHIBIT (A), page 9 marked in red lower right corner of page number 09, is a letter to Lynn Kelly of the Financial Review Office requesting again on March 1st 2006, with cause a public defender for this defendant.

 

3.          A friend from the state of California, Dr. Norman Zadeh, upon learning of the circumstances Defendant was under, looked for an attorney in Northern New Jersey and was referred to a Marco Laracca, and subsequently in December paid Mr. Laracca $5,000 to represent Defendant per pending charges levied against Defendant by the County of Middlesex Prosecutor’s office. Attached and marked DEFENDANT’S EXHIBIT (B) is the fee agreement Mr. Laracca presented to Dr. Zadeh to sign a day or two after depositing Mr. Zadeh’s check for $5,000. There is no agreement signed between Defendant and Mr. Laracca.

 

4.          This Defendant upon learning that Dr. Zadeh secured an attorney from Elizabeth, NJ for this Defendant, called Mr. Laracca several times collect from the MCACI but Defendant’s collect calls were not accepted, or on two occasions the office secretary answered and informed this Defendant that Mr. Laracca was not there, try back after 4 PM and Defendant emphasized to the receptionist to have Mr. Laracca stop by the MCACI to speak with this Defendant.

 

5.          Mr. Laracca did not speak with Defendant but did file a form one-page bail reduction request for hearing letter without a supporting affidavit.

 

6.           A hearing was held in where Mr. Laracca attempted to address the court without ever having talked to Defendant or having heard any particulars from Defendant. Defendant at this hearing then addressed the court asking if he could speak to this attorney for the first time. The hearing was adjourned and Defendant spoke with Mr. Laracca for the first time for about twenty minutes. The hearing then continued where at one point Defendant interjected to give some background about himself being that Mr. Laracca appeared to be void of any details relevant to Defendant and appeared to not have retained any details hastily disclosed in the first discussion he had with Defendant. Defendant requested that Mr. Laracca meet with him before he left the court, Mr. Laracca did not further meet with or discus the case with Defendant, and left the court at the end of the hearing.

 

7.          The Honorable Judge Nieves noted that the charges pending against Defendant, bail should be at the maximum $50,000 and or significantly lower than $50,000 at specific incremental levels below that amount, and that he would be moving forward with a psychological evaluation of Defendant prior to reducing bail. A return hearing was scheduled for January 6th 2006.

 

8.          Defendant reported back to Dr. Zadeh in California that the performance of Mr. Laracca was at best the bear minimum and in fact probably exasperated the duration of the bail reduction. Additionally, I informed and requested of Dr. Zadeh that he should contact Mr. Laracca and require that he meet with and discus the details of this case with Defendant at the MCACI or return the $5000 given to him. Dr. Zadeh sent Mr. Laracca an email and about a week latter Mr. Laracca stopped by the MCACI and spoke with Defendant for about thirty-five minutes in which time Defendant emphasized the point that he wished for Mr. Laracca to move the court for bail of $15,000 or less come the hearing of 01/06/06. Mr. Laracca latter told Dr. Zadeh that he spoke with Defendant at the MCACI for three hours. Well, the MCACI on that day has Mr. Laracca arriving and then departing 50 minutes latter.

 

9.          Defendant attempted to call Mr. Laracca after this meeting at the MCACI on several occasions prior to the 6th of January 2006, but his calls were not accepted and Mr. Laracca was not reached.

 

10.      On the 6th of January 2006, Mr. Laracca made no attempt to meet with or talk with Defendant prior to the hearing and at hearing presented no argument, what so ever to have bail reduced lower that $50,000. When the court asked Mr. Laracca if he read the psychological evaluation conducted on Defendant by Dr. Johnson, Mr. Laracca replied yes and was silent. The court then asked him “did he have anything to say?” he replied no. The court then set bail at $50,000 without Mr. Laracca ever having argued bail for anything less let alone the $15,000 or lower that Defendant had requested him to try and achieve.

 

11.       On January 7th 2006, Defendant asked Dr. Zadeh if he would pay the fee of $4,000 to a bail bondsman so that bail could be arranged. He agreed with it understood it would be his last gesture for assistance and $4,000 was posted with a bail bondsman on the 8th of January which facilitated this Defendant’s release from the MCACI at 10:30 PM the 8th of January 2006.

 

12.      Defendant attempted to reach Mr. Laracca at least ten times between January 9th 2006 and March 8th 2006, but only spoke with Mr. Laracca twice by phone. Once on January 10th 2006 for about ten minutes and once on March 8th 2006 for about ten minutes.  On or about February 7th 2006, I received a call from Mr. Laracca’s secretary telling me their was a pre-indictment hearing set for February 22nd 2006, but that I did not have to attend. On February 21st 2006, I received another call from Mr. Laracca’s secretary telling me I had to attend the hearing scheduled for the following day but Mr. Laracca did not need to be there. She told me that I could apply for PTI though at this hearing. I attended, was told Mr. Laracca must be there, and I could not apply for PTI being that the charge was a second degree charge requiring a permission note from the prosecutor for me to apply of which was not there. The case manager said that she would reschedule for March 1st 2006, and if Mr. Laracca was not there then, I would be leaving with my discovery and from that point be considered by the Court to be Pro-Se. I called Mr. Laracca’s office, informed them that he was required to be there and that the pre indictment was postponed until 03/01/06 and that if he was not there, the court case manager was noting the file that I was Pro-Se and no attorney represented me. March 1st 2006, I was present, Mr. Laracca was not, the case manager noted I was now Pro-Se, I paid the court $14.70 for discovery listed as 42 pages, then left. I called Mr. Laracca’s office and was told he was on trial and could not be there.  Within the next few days I tried to reach Mr. Laracca by phone and was unsuccessful. 

 

13.      Defendant wished to address and testify before the grand jury in his case. He learned on February 22nd 2006, that the grand jury had convened on February 2nd 2006, and that that opportunity to address the Grand Jury had passed. Mr. Laracca nor any other party informed the Defendant when or that the Grand Jury would meet on 02/02/06.

 

14.      Defendant latter reviewed the discovery provided by the Prosecutor’s office and found that the copies provided were deficient, pages (WB) 10, 13, 16, 18, 20, 22, and 27 were missing. Defendant prepared his reciprocal disclosure, 86 pages, and served it on the Middlesex County Prosecutor’s Office on March 13th 2006, and additionally in writing requested the missing seven pages of the 42 pages noted from the Prosecutor’s disclosure be provided to the defendant at that time or as soon as possible to his mail address. See attached DEFENDANT’S EXHIBIT (A),  the cover letter received stamped by the Middlesex County Prosecutor’s office on March 13th 2006, containing the 86 pages of Defendant’s disclosure provided. As of the 19th of March 2006, the seven missing pages requested from Ms. Brown of the Prosecutor’s Office, this Defendant has not received.

 

15.      Defendant does not have the resources to return to his home and family in Arizona and commute between Arizona and New Jersey for trial. Defendant is living in his motor home, on public assistance from Middlesex County Social Services case number CO 76003812, and the assistance provided by Dr. Zadeh was for the $5,000 and then $4,000 and Dr. Zadeh will be providing no more assistance.

 

16.      Mr. Laracca was reached by Defendant about March 7th 2006, and his only comment noted was that he wanted more money, and I said to him $5,000 was paid to him to represent Defendant at trial and he said no, only to indictment. I asked him if that were the case, and being that he has done virtually no hands on work of any consequence per this case, which included missing the last two required appearances by him, how much of the $5,000 was he going to return.  His reply was “Good luck, have a good day, goodbye.” I have not spoken to Mr. Laracca again but I did get a message from his office on my voice mail March 15th 2006, with his secretary wanting my mailing address, something any attorney representing a client should have had from day one. I did not reply and note I have not received anything from Mr. Laracca excluding the one page letter for bail reduction I received at the MCACI in December of 2005.

 

17.       Defendant is indigent at this time, and when Mr. Laracca was contacted and then paid $5,000 by  Dr. Zadeh, this was to represent Defendant at trial. Only after payment to him did Mr. Laracca provide a fee agreement, which in fact notes contrary representation of Defendant over the reasons he was contacted and paid $5,000. Defendant believes Mr. Laracca has been grossly overpaid for the actual work and time he has expended per this case and requires the return of a significant portion of moneys paid Mr. Laracca to represent him at trial of which it is now apparent to Defendant that Mr. Laracca will not be doing and Defendant requires a public Defender be appointed.

 

18.      Defendant has requested discovery and correction of the court record from the New Jersey Division of Youth and Family Services (DYFS)and has yet to received a signed order of the court to facilitate the same. See DEFENDANT’S EXHIBIT (A) red corner marked pages 02, 03, 04 with emphasis given to page 04. Defendant moves to have the Honorable Judge Dennis V. Nieves sign an order to facilitate the discovery Defendant requires and DYFS is now clearly in default of providing to this defendant as was specified and shown within Defendant’s EXHIBIT (A).

 

 

            Whereby this Petitioner requests the attached order be EXPIDITED for signing this day by the court upon presentment and a true copy of this ORDER now signed by the court then be sent US Mail to the Respondent New Jersey Division of Youth and Family Services (DYFS); their council Deputy Attorney General Michael Anthony Amatia; Lynn Kelly, Financial Review Office of Middlesex County;  Mr. Marco Laracca; and this Petitioner by the Clerk of the Court.

                                                                                                                                   

Respectfully submitted this 20th day of March 2006.                                                                             

FURTHER AFFIANT SAITH NOT.

                                                 

                                                                                                _____________________________________                                                                                                                                                Walter J. Burien, Jr. - Sui Juris

                                               

ORINAL of the foregoing HAND DELIVERED this

20th    day of March, 2006, TO:

 

MIDDLESEX COUNTY Superior Court                     

CLERK OF THE COURT                              

1 JFK Square                                                                                        

New Brunswick, NJ 08903

 

 

ORINAL of the foregoing motion without attached exhibits HAND DELIVERED this

20th    day of March 2006, TO: Marco Laracca

 

 

_____________________

 

 

 

 

 

 

Walter J. Burien, Jr.

P.O. Box 42

East Brunswick, NJ 08816

(732) 790-9233               

IN THE SUPERIOR COURT

COUNTY OF MIDDLESEX, STATE OF NEW JERSEY

 

 WALTER J. BURIEN, JR.,                 ]                       INDICTMENT No. 06-02-00212

                                                            ]                       FILE No. 05002797

                                    Defendant,        ]                      

vs.                                                        ]                      

                                                            ]                      

THE STATE OF NEW JERSEY         ]                       ORDER

                                                ]                   

                                    Plaintiff.            ]                       HONORABLE JUDGE Dennis V. Nieves

___________________________                                                                                                

 

            This matter having come before the Court  and having reviewed and considered the Defendant’s request for an ORDER of the court, fully advised in the premises;

 

            IT IS HEREBY ORDERED that the Defendant’s requested relief is granted.

 

1.   The New Jersey Division of Youth and Family Services, hereinafter called DYFS, for the purpose of discovery and disclosure requested by Walter J. Burien, Jr. shall within ten (10) days of this ORDER send CERTIFIED copies of any and all; past or present; reports; notes; communications; pictures; recordings; that any party provided to DYFS or that was generated by DYFS relevant to FN-12-153-06 and the taking of John Joseph Burien DOB 07-08-99 by DYFS on 11/23/05 and subsequent return of the child to Arizona on 12/14/05; All copies sent Mr. Burien SHALL BE UNALTERED AND WITHOUT DELETIONS and sent US Certified mail to; Walter Burien, P. O. Box 42, E. Brunswick, NJ 08816;

 

2.      Marco Laracca having withdrawn from this case shall return to Dr. Norman Zadeh within three business days                          dollars of the $5,000 paid Mr. Laracca by Dr. Zadeh for the representation of Walter J. Burien, Jr. per charges levied against Mr. Burien in this case file 05002797;

 

3.      Lynn Kelly, of the Financial Review Office of Middlesex County, upon the verification through Middlesex County Social Services that Walter J. Burien, Jr. is and has been since November 23rd 2005, indigent, shall immediately acknowledge and move in fulfilling Walter J. Burien, Jr. request for assignment of a Public Defender.

 

4.      The Clerk of the Court this day shall deliver a copy of this ORDER the New Jersey Division of Youth and Family Services (DYFS); their council Deputy Attorney General Michael Anthony Amatia; Lynn Kelly, Financial Review Office of Middlesex County;  Mr. Marco Laracca; and the Petitioner Walter J. Burien, Jr. at their listed addresses on file with the court.

   

DONE IN OPEN COURT this ______day of March 2006.

 

 

    

                                                            _______________________________

                                                          HONORABLE JUDGE Dennis V. Nieves