#2: The Fundamental Tool for Review of Convictions

... was acquitted of all charges. His trial was before the same judge, with the same prosecutor, same investigating detectives, and the same eyewitnesses. Smith was represented by Samuel Stretton and also had an alibi. Attorney Daniel H. Greene was appointed to represent me on direct appeal. When I spoke to him about the issues to be raised, he said that my alibi was weak and the record did not show my trial attorney's request for the transcripts of my first trial. This gave me the impression that he was not working in my interests and, therefore, I did not trust him. I requested he be removed from the case and was granted permission to represent myself. Once I got my transcripts, in February 2005, I saw why he said what he said. He did not have the January 13, 2004 transcripts at all. And, the testimony of my alibi witness had been substantially altered by the Official Court Reporter of my 2nd trial, Barry Harris. While representing myself, I requested all of the trial transcripts several times. The Pennsylvania Superior Court granted my request, but Judge Bright did not comply and even told the Superior Court I had all the transcripts. By the time briefs were submitted, I had an incomplete copy of the transcripts of my 2nd trial, none of the transcripts of my 1st trial, and no transcripts of Smith's trial. Relief was denied. On February 26, 2007, I began Post Conviction Relief proceedings, filing what is called a PCRA Petition, in the same court I was tried in. Although, Judge Bright did not preside over these proceedings. I continued to represent myself during these proceedings. Once again, I requested all of the transcripts of all 3 trials. After almost 2 years of litigating (& I believe some ex parte communication), the prosecutor, A.D.A. Michael Gehring indicated that he would look into my allegations about the inaccuracies in the transcripts of my 2nd trial. Between February and September of 2009, I received a revised version of my alibi witness's test ...