Well, Hendrickson has filed another Motion to Vacate his conviction. In addition to the usual argument about Hendrickson not being a "person" and his other arguments he has made ad naseum, he adds another claim regarding Mark Lane.
Relevant Exhibits to Motion are below::the manifestly ineffective performance of Mr. Hendrickson's trial counsel, who
appears to have suffered from a stroke during trial.
Exhibit C Affidavit of PH
Exhibit D Affidavif of Jack Hendrickson
The question that leaps to my mind first - Why is the issue of ineffective assistance of counsel being brought up now at this late stagel?
Two items from PH's affidavit:
11. Friday morning, Lane displayed to each of us on the defense team his blood-filled right eye, likely the effect, I am told by a doctor, of a stroke.
12. After I testified on Friday morning, I left the courtroom for a brief period. When I returned, Ms. Shauna Henline took the stand as a government "rebuttal" witness. Afterward, Mr. Lane declared that the defense rested. Court was adjourned for lunch; the jury was dismissed for
the weekend; and a post-evidence jury instruction colloquy was scheduled for later that
afternoon. At lunch, I learned that defense exhibits prepared for publication to the jury, and
which I had imagined must have been introduced while I was absent from the courtroom, had
been overlooked or forgotten by Mr. Lane. I expressed grave concern and dismay, but Mr. Lane,
after thinking about it for a few moments, said it was too late to do anything about it now, and
not to worry, it would “be okay.” Mark Cedrone later proposed re-opening the defense case as a
means of rectifying this massively-harmful mistake, but Mr. Lane irritably replied that it was too
late to do this.
From Jack's affidavit:
While Mr Lane's grave, noticeable health decline, reflected in slurred words, his bulging eyes and his facial pallor, were ultimately the cause of mismanagement of and failure to introduce these key exculpatory exhibits when required by the case, another contributing factor was the repeated urging, nay demands, of Judge Rosen that the trial be rushed to
conclusion, so that he might travel to Thailand for a vacation.
Judge Rosen saw Mr Lane noticeably declining, watched him doggedly retain control of the case despite the urgent whisperings of Mr Cedrone and me, and yet did everything in his considerable power to truncate the Defense case presentation.
