At 1210--AJ--Caller from prison [David Paul Hammer - OK City investigator]

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Offline donnay

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Re: At 1210--AJ--Caller from prison
« Reply #40 on: May 14, 2010, 02:50:59 PM »
You're Welcome.

http://www.deathpenaltyinfo.org/federal-death-row-prisoners

[David Paul Hammer] - White; convicted after killing of federal prison inmate at the federal penitentiary at Allenwood, PA where Hammer was serving a 1200+ year Oklahoma state sentence. Sentenced to death on July 24, 1998. The third Circuit allowed him to waive his appeal and an execution date of Nov. 15, 2000 was set. Hammer then filed a clemency petition and a request to appeal. The judge stayed his execution date, giving him until Jan. 31, 2001 to file an appeal. Hammer's death sentence was overturned by a federal District Court judge because the prosecution had withheld statements that might have led to a differenct sentence. (Associated Press, Dec. 27, 2005).

David Paul Hammer
http://en.wikipedia.org/wiki/David_Paul_Hammer

David Paul Hammer 
http://www.ccadp.org/davidpaulhammer.htm

Does one man on death row hold the secret of Oklahoma?
One of the most notorious criminals in the US, David Hammer was imprisoned alongside Timothy McVeigh. As he faces execution, his memoirs will only fuel the whispers of conspiracy around the 1995 bombing. Andrew Gumbel reports

Thursday, 29 January 2004
http://www.independent.co.uk/news/world/americas/does-one-man-on-death-row-hold-the-secret-of-oklahoma-574920.html

 If he had only his own tale to tell, the story of David Paul Hammer - career criminal, scourge of the US prison system and, now, the next federal prisoner in line to be executed - would already be extraordinary enough.

If he had only his own tale to tell, the story of David Paul Hammer -career criminal, scourge of the US prison system and, now, the next federalprisoner in line to be executed - would already be extraordinary enough.In his native Oklahoma, where he first entered the prison system 26 yearsago at the age of 19, he so exasperated and terrified the state prisonauthorities with his spasms of extraordinary violence and his twosuccessful escapes that they constructed a special isolation cage for himwith shatterproof glass and reinforced steel doors. Since arriving onfederal death row, he has often been likened to Hannibal Lecter, thesavagely intelligent man-eating serial killer of pulp fiction andHollywood movies. And notwithout reason.

Like Lecter, the crimes he has admitted committing are little short offlabbergasting. At the age of 18, strung out on PCP and contemplatingsuicide, he held several hostages at gunpoint at the Oklahoma CityHospital. At 24, during the second of his two prison escapes, Hammer took aman at gunpoint, ordered him to undress on a lonely road and shot him threetimes in the head. The man, who somehow survived, later testified in courthe found Hammer to be "crazy, man ... completely insane".

Having been transferred to the federal prison system - Oklahoma could notcope - Hammer then brutally murdered the first man unlucky enough to beassigned as his cell mate, tying him to his bunk with knotted bedsheets,stuffing a sock in his mouth and slowly garrotting him with a braided cord.That was the crime that earned him the death sentence and a final transferto "Dog Unit", the federal death row in Terre Haute, Indiana.

Like Lecter, Hammer is also a man of impish deviousness. In Oklahoma, heran scams using the credit card numbers of prison guards, set up a boguschurch with himself as minister and his fellow inmates as the board ofdirectors, conned a department store into sending him thousands of dollarsof merchandise, orchestrated death threats against elected officials and,on one notorious occasion, brought the Oklahoma legislature to a standstillwith a chillingly convincing bomb threat.

For a long time, the system simply did not know what to do with him. Thejudge who tried him after the kidnapping and shooting incident sentencedhim to 1200 years behind bars, prompting a shocked Hammer to blurt out:"But, your honour, I can"t do 1200 years!" The judge replied: "That's okay,son, just do as much as you can."

Hammer is more than just a criminal monster, however. He may be deeplytormented, for reasons stretching back to earliest childhood, but he isalso highly intelligent and almost limitlessly resourceful when it comes tounderstanding the prison environment and figuring out how to take his quietrevenge on the system.

Already before he arrived in Terre Haute, he made himself useful to lawyersand researchers working on cases that depended on an intimate knowledge ofthe US prison system. Nothing gave him greater pleasure than to read of apossible miscarriage of justice and then volunteer his services as the mostinside of inside sources.

After he arrived in Terre Haute, he was granted access to one of the mostnotorious and, in many ways, least understood American criminals of moderntimes, the Oklahoma City bomber Timothy McVeigh. For 23 months, between theestablishment of the Terre Haute death row in 1999 and McVeigh's executionin 2001, the two men lived three cells down from each other. Although eachhad plentiful reason to be wary of the other " McVeigh, like everyone,appears to have been terrified of Hammer at first " they eventually formeda bond that deepened into genuine friendship.

And now Hammer has written a book about it. Or rather, he has written abook that promises to unlock a whole treasure chest of secrets about theOklahoma City bombing, based in part on his conversations with McVeigh. Thebook, entitled Secrets Worth Dying For and due to be issued by a smallIndiana publishing house next month, is likely to be Hammer's epitaph sincehe has just relinquished all further appeals and is awaiting an executiondate, expected to be set sometime this spring or early summer.

It turns out that Hammer has not one but three extraordinary stories totell " his own, McVeigh's and that of a certain Kenneth Michael Trentadue,who starts out as a bit player and ends up taking on a role of surprisingprominence. Even if one chooses not to believe everything (this is, afterall, the memoir of a violent criminal, not a work of investigativejournalism) what is inescapable by the end is an absolutely hair-raisingtrail of dead bodies, many of them found hanging in prison cells under lessthan transparent circumstances, and all of them traceable in some way backto the Oklahoma City bombing. Real-life mysteries don"t get much betterthan this.

The first time Tim McVeigh spoke to David Hammer, he immediately braggedabout the death toll at the Oklahoma City federal building in acharacteristic mixture of bravado and utter tastelessness. "All I have tosay is that the official score is 168 to 1. I"m up," said. To which Hammerreplied: "Well, I guess they can"t kill you more than once."

Even on federal death row, McVeigh's crimes were on a scale that disgustedhis fellow inmates. He was frequently tarred as a "baby killer" (the bombexploded directly beneath a children's day care centre) and taunted foreverything from his conviction that the world would tumble into chaos asthe year 2000 rolled around, to his apparent dearth of sexual experiences."Virgin McVeigh", they called him.

Hammer describes McVeigh as being obsessed with posterity and hisreputation as the lone-wolf mastermind of what was then the worst peacetimeatrocity committed on US soil. He refused to keep any compromising items inhis cell, for fear that they would be found in the event of his suddendeath. He didn"t even want a dictionary, in case people accused him ofbeing a bad speller. When he needed medicine, he would ask another inmateto describe his symptoms to a doctor and get the prescription on hisbehalf. Illness, he thought, might be interpreted as a form of weakness.

Slowly, though, Hammer, McVeigh and a third inmate, Jeffrey Paul, startedto spend time together, if only because they were the sole white prisonerson death row. They nicknamed their regular meetings "Klan rallies", eventhough McVeigh was the only white supremacist among them. Hammer explainedthe relationship this way: "Our associations were not always amiable, therewere intense disputes and allegations of broken promises and eventreachery, but in the end the necessity for cooperation won out." Hammerand Paul helped McVeigh project the image of himself that he wanted, andMcVeigh, in turn, started talking to them about some of the details of theOklahoma City bombing that he was not willing to share with anybody else.

Much of what Hammer writes about the bombing goes over terrain alreadyexplored in a number of books and articles challenging the lone-wolf theoryput forward publicly by both McVeigh and his government prosecutors.Notably, he runs through the compelling evidence, laid out in TheIndependent in May 2001, that McVeigh was part of a neo-Nazi bank robberygang which financed the bombing and actively participated in bringing it tofruition " a version the government has been at great pains to pooh-pooh,because it would make a mockery of the scenario its prosecutors impressedupon the courts and the public at large. It is not clear how much ofHammer's material came directly from McVeigh, and how much from outsidesources " the manuscript suggests a bit of each.

Sifting through Hammer's information and deciding how much to believe is adelicate process. The McVeigh in the book is not immune to paranoidself-aggrandisement, to put it mildly, and some of his claims say much moreabout him than they do about the bombing itself. In an extended riff, forexample, he suggests he was approached towards the end of his time in thearmed forces by a shady US government operative calling himself only TheMajor. The Major supposedly recruited McVeigh to infiltrate the militantfar right, and later encouraged him to go ahead with the Oklahoma Citybombing because its sheer brutality would shock the right-wing militiamovement into breaking apart. In other words, the whole thing was aconvoluted government plot, with McVeigh as the feds" fall guy. It's anintriguing story, except there isn"t a shred of credible evidence to backit up.

Other avenues of conversation proved much more fruitful from a factualpoint of view. None seems to have drawn Hammer and McVeigh together moreclosely than the story of Kenny Trentadue, a man neither of them had evermet but who came to fascinate them both and serve their mutual interest inembarrassing the federal government.

Trentadue was a convicted bank robber who had served his time and thenskipped out on his parole officer, apparently because he was outraged atbeing barred from drinking beer. On August 18, 1995 " four months after theOklahoma City bombing " he was picked up crossing the border from Mexico tosouthern California and then, for reasons the government has yet toexplain, was transported to the Department of Justice's brand-new FederalTransfer Center in Oklahoma City. Three days later, his bloody, batteredcorpse was released to the state medical examiner's office. Prisonofficials claimed he had committed suicide by hanging himself in his cell.

There the story might have ended, but for Trentadue's family which refusedto accede to official requests to have the body cremated and insisted on anautopsy. In the contorted events that followed, it turned out thatTrentadue's body was covered in blood from head to toe. He had sufferedthree massive blows to the head, rupturing his scalp and skull, and histhroat was slit. The government continued to insist that his injuries wereself-inflicted, even as a growing chorus of journalists, congressmen andlegal experts voiced their suspicions of foul play.

David Hammer read about the case in the papers and wrote to Trentadue'sbrother Jesse, a lawyer in Salt Lake City, to offer his help in negotiatinga path around the federal prison bureaucracy in the hunt for the truth. Atthat time it occurred to nobody that Kenny Trentadue's death might have hadanything to do with the Oklahoma City bombing.

That changed, however, when Hammer arrived in Terre Haute and showedMcVeigh a picture of Trentadue. McVeigh responded immediately: "Now I knowTrentadue was killed, because they thought he was Richard Guthrie."

Guthrie is a name that looms very large in all of the alternative theoriesof the Oklahoma bombing. He was one of the neo-Nazi bank robbers suspectedof involvement in the bombing, a former Navy SEAL with explosives trainingand a track record of anti-government violence. At the time of Trentadue'sarrest, he was at large, believed to be in either Mexico or Canada, andurgently sought by the FBI. He was the same height and the same weight asTrentadue, with similar complexion and a similar thick moustache. Both menused aliases. They even had the same dragon-motif tattoo on their left arms" something they had in common with the police sketch in circulation at thetime of McVeigh's presumed accomplice, referred to simply as "John Doe 2".

In other words, Trentadue's fate appears to have been the result of adisastrous case of mistaken identity. As the Trentadue family now sees it,Kenny was apprehended at the border, immediately flagged as a possible"John Doe 2", and shipped off to Oklahoma City for further questioning. Whyhe ended up dead in his cell is a matter of pure speculation, but he wasnot the only person connected to the Oklahoma bombing to end up that way.

The real Richard Guthrie was apprehended in January 1996 and charged onbank robbery charges only - the government having apparently lost interestin linking the robberies to the bombing by then. (The hunt for John Doe 2formally ended a year later, with the FBI publicly announcing they nowbelieved McVeigh acted alone.) Six months after his arrest, Guthrie wasfound hanging in his cell under circumstances that some friends and familyfound suspicious. He had been due to give a major television interview thevery next day.

As the Trentadue investigation deepened, an inmate who had been in theOklahoma Federal Transfer Center at the time of Trentadue's death cameforward claiming to have witnessed the whole thing. According to FBIdocumentation repeatedly disavowed by the Justice Department, Alden GillisBaker had actually been sharing Trentadue's cell on the fateful night. Andnow " this was sometime in 1999 - he was volunteering to testify thatTrentadue was murdered. But then something went wrong. In December 1999,Baker told a lawyer he feared for his life because of threats from theguards in his new prison in California. In August 2000, he was foundhanging by a sheet in his cell.

Is it outrageous to think these deaths might all be related? Is the federalgovernment that scared of having its lone-wolf theory of the Oklahoma Citybombing contradicted? Or is this string of 'suicides" explainable simply asa result of unstable prisoners coming into contact with less thanupstanding employees of the criminal justice system?

The nuances of the cases are too complex to go into in this space, but hereare a couple of considerations. First, in May 2001 the Trentadue family wasawarded $1.1 million in damages for "intentional infliction of emotionaldistress" by the Justice Department, lending considerable credence to theirsuspicion that Kenny was murdered. The federal judge who ruled in theirfavour lambasted three government witnesses for what he said were 'seriousquestions about their truthfulness". The court was unable, however, to ruleon the exact cause of Trentadue's death because too much evidence in thecase had been destroyed. Trentadue's family has lodged an appeal to try topush the case further their way.

Secondly, the crucial clue McVeigh gave Hammer about the resemblancebetween Trentadue and Guthrie looks more and more convincing on closerinspection. It is perhaps appropriate to approach the source of theinformation with some scepticism, but if McVeigh didn"t say it, then Hammermust have made it up, and there is absolutely no reason to presume Hammerknew who Richard Guthrie was, let alone have a detailed idea of what helooked like. Conversely, if McVeigh did say it, then he not only offered aplausible explanation for Trentadue's transfer from the Mexican border toOklahoma City, he also linked himself to Guthrie and the neo-Nazi bankrobbers " the most significant admission extant from him to that effect.We do know from a separate source that McVeigh was extremely interested inTrentadue's case: Trentadue took up a large chunk of space in McVeigh'scorrespondence with a writer from Esquire magazine, published shortly afterhis execution in 2001. McVeigh also told Hammer he had come up with a newverb participle, "trentadued", meaning murdered by the federal government.The Trentadue family has gladly adopted the term as its own.

What could Hammer's motivation be in revealing all this now, on the eve ofhis own death? Part of it, no doubt, is a continuing desire to stick it tothe system and shame the prison system with some unpalatable truths fromdeep within its bowels. He has gone on record many times to say howstrongly he opposes capital punishment and the way the US prisonbureaucracy works. Another part of his motivation, bizarrely, is an homageto his friend Timothy McVeigh. Hammer was so upset by McVeigh's executionthat he attempted suicide the night before by injecting himself with anoverdose of insulin (he is diabetic). After he recovered, he wrote thefollowing diary entry which is reproduced in his book:

"My friend, Tim, is a troubled and misguided man. We disagree on mostissues, but he is also a kind, loving and caring person with a quick smile,keen wit and a sense of humour. I will miss him and I continue to pray forhis soul." The psychotic monster and the headline-grabbing mass murderer:it must have been one hell of a relationship.
"Logic is an enemy and truth is a menace." ~ Rod Serling
"Cops today are nothing but an armed tax collector" ~ Frank Serpico
"To be normal, to drink Coca-Cola and eat Kentucky Fried Chicken is to be in a conspiracy against yourself."
"People that don't want to make waves sit in stagnant waters."

Offline Phantom Soldier

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Re: At 1210--AJ--Caller from prison
« Reply #41 on: May 14, 2010, 11:15:07 PM »
Is there a link for today's interview with alex?

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Offline CheneysWorstNightmare

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Re: At 1210--AJ--Caller from prison
« Reply #43 on: May 14, 2010, 11:18:39 PM »
Is there a link for today's interview with alex?

Dude, just Google "genesis communication network" and download AJ every day.

BTW, the "caller from prison" is on the 2nd hour.

f**kING POWERFUL!!!!

H0llyw00d

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Re: At 1210--AJ--Caller from prison
« Reply #44 on: May 14, 2010, 11:24:12 PM »
f**kING POWERFUL!!!!

YES it f**kING was!!!....what a prize for the show!!

Offline Djævlen

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Re: At 1210--AJ--Caller from prison
« Reply #45 on: May 15, 2010, 01:51:24 AM »
what makes this guy credible? i listened to the interview and didnt hear much of ANY new info or evidence. Much of what he said Alex already knew and is in the public record......

just sayin.....
“The devil is only a convenient myth invented by the real malefactors of our world”

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Re: At 1210--AJ--Caller from prison
« Reply #46 on: May 15, 2010, 01:57:49 AM »
what makes this guy credible? ...


AJ's discernment, and that of his friends.

Offline Dig

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Re: At 1210--AJ--Caller from prison
« Reply #47 on: May 15, 2010, 06:42:28 AM »
what makes this guy credible? i listened to the interview and didnt hear much of ANY new info or evidence. Much of what he said Alex already knew and is in the public record......

just sayin.....

You are saying that everything he said was the truth, provable over and over and over again. You say that these facts that the United States government trained Tim McVeigh and used him to exterminate dozens of Americans. That the government then after executing all of these people in a false flag terror attack covered the whole thing up. That FBI agent Larry Potts helped with the plot to execute American citizens, government workers, children, innocent civilians. That elements within the US Government including Attorney General Janet Reno and assistant Attorney General at the time (and current Attorney General) Eric Holder purposefuly covered up the facts, conspired to commit mass murder after the fact and obstructed justice. That the wards of the prison tortured and executed people because they thought they could be witnesses. That for 15 years all media and government agencies has covered up these incontrovertible facts. So he says what we all know to be true.  And then you ask "what makes this guy credible?"

just sayin....
All eyes are opened, or opening, to the rights of man. The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately

Offline BoxcarJack

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Re: At 1210--AJ--Caller from prison
« Reply #48 on: May 15, 2010, 09:31:20 AM »
You are saying that everything he said was the truth, provable over and over and over again. You say that these facts that the United States government trained Tim McVeigh and used him to exterminate dozens of Americans. That the government then after executing all of these people in a false flag terror attack covered the whole thing up. That FBI agent Larry Potts helped with the plot to execute American citizens, government workers, children, innocent civilians. That elements within the US Government including Attorney General Janet Reno and assistant Attorney General at the time (and current Attorney General) Eric Holder purposefuly covered up the facts, conspired to commit mass murder after the fact and obstructed justice. That the wards of the prison tortured and executed people because they thought they could be witnesses. That for 15 years all media and government agencies has covered up these incontrovertible facts. So he says what we all know to be true.  And then you ask "what makes this guy credible?"

just sayin....

Yeah, this is a big deal. This guy's story is important. Sane's summary was right on. This man also helped Jesse Trentadue connect the dots about his brother being a look-alike for Richard Lee Guthrie, which served to empower that whole avenue of clues to the case. For whatever reason the most powerful information on this case in years is coming through an unlikely character who has the guts and integrity to put it together and bring it forward.

I just bought his book through Authorhouse Pub. http://www.authorhouse.com/Bookstore/BookStoreSearchResults.aspx?SearchType=smpl&SearchTerm=Deadly%20Secrets


It's not clear from deadly-secrets.com just how to order the book. If you go to the press release, the link to the publisher that I noted, is there.
I know of no safe depository of the ultimate powers of society, but the people themselves, and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. - Thomas Jefferson.

Offline BoxcarJack

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Re: At 1210--AJ--Caller from prison
« Reply #49 on: May 15, 2010, 09:37:20 AM »
Paul Craig Roberts published some good stories on the murder of Kenneth Trentadue.

http://www.apfn.net/messageboard/05-26-05/discussion.cgi.24.html

Paul Craig Roberts
The FBI, the Torture and Murder of Kenneth Trentadue
Thu May 26, 2005 19:41
64.140.158.47
 

May 26, 2005
The FBI, the Torture and Murder of Kenneth Trentadue and Advanced Knowledge of the Oklahoma City Bombing
Uncovering a DOJ Coverup

By PAUL CRAIG ROBERTS
http://www.counterpunch.org/

In 1995 Kenneth Trentadue was murdered by federal agents in a federal prison in Oklahoma City. A coverup immediately went into effect. Federal authorities claimed Trentadue, who was being held in a suicide-proof cell, had committed suicide by hanging himself, but the state coroner would not buy the story.

Prison authorities tried to get family consent to cremate the body. But Trentadue had been picked up on a minor parole violation, and the story of suicide by a happily married man delighted with his two-month old son raised red flags to the family.

When the Trentadue family received Kenneth's body and heavy makeup was scraped away, the evidence (available in photos on the Internet) clearly shows a person who had been tortured and beaten. His throat was slashed and he may have been garroted. There are bruises, burns and cuts from the soles of Trentadue's feet to his head, wounds that obviously were not self-inflicted.

As the state coroner noted at the time, every investigative rule was broken by the federal prison. The coroner was not allowed into the cell, and the cell was scrubbed down prior to investigation.

The federal coverup was completely transparent. A US senator made inquiries, but the US Department of Justice (sic), knowing that it would not be held accountable, stuck to its fabricated story.

That was a mistake.

Trentadue's brother, Jesse, is an attorney. He believes that federal officials, like everyone else, must be held accountable for their crimes.

He has been battling the Justice Department and the FBI for a decade.

Jesse Trentadue has amassed evidence that his brother was mistaken for Tim McVeigh's alleged accomplice in the bombing of the federal building in Oklahoma City. Federal agents, believing that they had Richard Lee Guthrie in their hands, went too far in attempting to force him to talk.

Jesse Trentadue learned that the FBI had informants planted with two groups on which McVeigh may have relied: a white supremacist paramilitary training compound at Elohim City and the Mid-West Bank Robbery Gang. The implication is that the FBI had advance notice of McVeigh's plans and may have been conducting a sting operation that went awry.

The FBI has documents that name the informants. Teletypes from then FBI director Louis Freeh dated January 4, 1996, and August 23, 1996, confirm that the FBI had informants imbedded with the Mid-West Bank Robbery Gang and in Elohim City. In these documents, Freeh reports to various FBI field offices that the Elohim City informant (possibly explosives expert and German national Andreas Carl Strassmeir) "allegedly has had a lengthy relationship with Timothy McVeigh" and "that McVeigh had placed a telephone call to Elohim City on 4/5/95, a day that he was believed to have been attempting to recruit a second conspirator to assist in the OKBOMB attack."

The FBI denied to federal judge Dale Kimball that any such documents existed. But someone had leaked the teletypes to Trentadue, and he put them before the judge along with an affidavit of their genuineness. Caught red-handed lying to a federal judge, the FBI was ordered to produce all documents Trentadue demanded. Judge Kimball gave the FBI until June 15, 2005, to deliver the incriminating records. Needless to say, the FBI doesn't want to deliver and is attempting every possible dodge to escape obeying the judge's order.

In his effort to uncover the DOJ's coverup of his brother's murder, Jesse Trentadue may have uncovered evidence of the FBI's failure to prevent the bombing of the Murrah Building. It is bad enough that the murder of Kenneth Trentadue is covered over with many layers of DOJ perjury and the withholding and destruction of evidence.

Evidence that the FBI was aware of McVeigh's plan to bomb the Murrah Building and failed to prevent the deed would be an additional heavy blow to the prestige of federal law enforcement.

Paul Craig Roberts has held a number of academic appointments and has contributed to numerous scholarly publications. He served as Assistant Secretary of the Treasury in the Reagan administration. His graduate economics education was at the University of Virginia, the University of California at Berkeley, and Oxford University. He is coauthor of The Tyranny of Good Intentions. He can be reached at: pcroberts@postmark.net

==============


Kenneth Trentadue....story w/pic's ...WARNING NOT A PRETTY PICTURE!
http://www.apfn.org/apfn/OKC_Trentadue.htm

********************************************************************

 
   http://www.lewrockwell.com/roberts/roberts103.html

Uncovering a DOJ Coverup
by Paul Craig Roberts


In 1995 Kenneth Trentadue was murdered by federal agents in a federal prison in Oklahoma City. A coverup immediately went into effect. Federal authorities claimed Trentadue, who was being held in a suicide-proof cell, had committed suicide by hanging himself, but the state coroner would not buy the story.

Prison authorities tried to get family consent to cremate the body. But Trentadue had been picked up on a minor parole violation, and the story of suicide by a happily married man delighted with his two-month old son raised red flags to the family.

When the Trentadue family received Kenneth’s body and heavy makeup was scraped away, the evidence (available in photos on the Internet) clearly shows a person who had been tortured and beaten. His throat was slashed and he may have been garroted. There are bruises, burns and cuts from the soles of Trentadue’s feet to his head, wounds that obviously were not self-inflicted.

As the state coroner noted at the time, every investigative rule was broken by the federal prison. The coroner was not allowed into the cell, and the cell was scrubbed down prior to investigation.

The federal coverup was completely transparent. A US senator made inquiries, but the US Department of Justice (sic), knowing that it would not be held accountable, stuck to its fabricated story.

That was a mistake. Trentadue’s brother, Jesse, is an attorney. He believes that federal officials, like everyone else, must be held accountable for their crimes. He has been battling the Justice (sic) Department and the FBI for a decade.

Jesse Trentadue has amassed evidence that his brother was mistaken for Tim McVeigh’s alleged accomplice in the bombing of the federal building in Oklahoma City. Federal agents, believing that they had Richard Lee Guthrie in their hands, went too far in attempting to force him to talk.

Jesse Trentadue learned that the FBI had informants planted with two groups on which McVeigh may have relied: a white supremacist paramilitary training compound at Elohim City and the Mid-West Bank Robbery Gang. The implication is that the FBI had advance notice of McVeigh’s plans and may have been conducting a sting operation that went awry.

The FBI has documents that name the informants. Teletypes from then FBI director Louis Freeh dated January 4, 1996, and August 23, 1996, confirm that the FBI had informants imbedded with the Mid-West Bank Robbery Gang and in Elohim City. In these documents, Freeh reports to various FBI field offices that the Elohim City informant (possibly explosives expert and German national Andreas Carl Strassmeir) "allegedly has had a lengthy relationship with Timothy McVeigh" and "that McVeigh had placed a telephone call to Elohim City on 4/5/95, a day that he was believed to have been attempting to recruit a second conspirator to assist in the OKBOMB attack."

The FBI denied to federal judge Dale Kimball that any such documents existed. But someone had leaked the teletypes to Trentadue, and he put them before the judge along with an affidavit of their genuineness. Caught red-handed lying to a federal judge, the FBI was ordered to produce all documents Trentadue demanded. Judge Kimball gave the FBI until June 15, 2005, to deliver the incriminating records. Needless to say, the FBI doesn’t want to deliver and is attempting every possible dodge to escape obeying the judge’s order.

In his effort to uncover the DOJ’s coverup of his brother’s murder, Jesse Trentadue may have uncovered evidence of the FBI’s failure to prevent the bombing of the Murrah Building. It is bad enough that the murder of Kenneth Trentadue is covered over with many layers of DOJ perjury and the withholding and destruction of evidence. Evidence that the FBI was aware of McVeigh’s plan to bomb the Murrah Building and failed to prevent the deed would be an additional heavy blow to the prestige of federal law enforcement.

 
 
I know of no safe depository of the ultimate powers of society, but the people themselves, and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. - Thomas Jefferson.

Offline Dig

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Re: At 1210--AJ--Caller from prison
« Reply #50 on: May 15, 2010, 09:49:43 AM »
Just look at the DOJ admitting that BOP and FBI lied about the murder, exposing evidence that in fact Trentadue was murdered, yet concludes after all evidence exposes the mrder that it was suicide. Yup, that is the ticket all right. He probably kept saying "I do not have any information" and was beaten to death and hung. I guess to Department of Justice, that is considered suicide.



USDOJ/OIG Special Report
http://www.justice.gov/oig/special/9912.htm
 

SUMMARY OF THE OFFICE OF THE INSPECTOR GENERAL'S REPORT:
"A REVIEW OF THE JUSTICE DEPARTMENT'S HANDLING OF THE
DEATH OF KENNETH MICHAEL TRENTADUE AT THE BUREAU OF PRISONS'
FEDERAL TRANSFER CENTER IN OKLAHOMA CITY"

December 1999

 
Introduction

This investigation by the Department of Justice Office of the Inspector General (OIG) examined the death of Kenneth Michael Trentadue, an inmate who died in the Federal Transfer Center (FTC) on August 21, 1995. Located in Oklahoma City, the FTC is a Bureau of Prisons (BOP) facility that temporarily houses federal inmates who are in transit to other facilities or who are awaiting parole revocation hearings. According to FTC correctional officers, at approximately 3:00 a.m. on August 21, they found Trentadue hanging by a bed sheet around his neck from a grate in his cell. FTC staff treated Trentadue’s death as a suicide.

Later that day, Trentadue’s body was taken to the Oklahoma State Medical Examiner’s Office (MEO), where an autopsy was performed. Because of the condition of Trentadue’s body, which was bloody, bruised, and lacerated, the Medical Examiner was not convinced that his death was a suicide. The Medical Examiner initially ruled the manner of death as “pending.”

Also on August 21, the FTC notified the Oklahoma City FBI (FBI/OKC) about Trentadue’s death. FBI/OKC opened a criminal investigation into the death, but that investigation, particularly in the first several months, was minimal. Trentadue’s family and the MEO, suspicious of the way the federal government was handling the case, raised numerous questions and allegations about the manner of his death. The family maintained that FTC employees or inmates had beaten and murdered Trentadue, and that the federal government was covering up the true manner of his death. This case subsequently received significant public attention, both in Oklahoma City and nationally. Various newspaper, magazine, and television reports raised questions about the circumstances of Trentadue’s death and the government’s response.

In early 1996, the Criminal Section of the Civil Rights Division (CRD) of the Department of Justice began supervising the investigation in an attempt to determine whether Trentadue had been beaten or murdered. After CRD presented extensive testimony to a federal grand jury, it declined prosecution of anyone. In a press release dated October 9, 1997, the Department of Justice reported CRD’s conclusions that the investigation failed to establish credible evidence that any BOP personnel violated federal civil rights laws and did not “establish evidence that was inconsistent with a conclusion that Trentadue committed suicide.”

CRD’s conclusions did not end the controversy about Trentadue’s death. Aside from the continuing questions about how Trentadue died, substantial questions remained about the actions of BOP employees in responding to Trentadue’s death and the actions of the FBI in investigating the death. As a result, in October 1997, after CRD had declined prosecution, the matter was referred to the OIG for further review of the BOP’s and the FBI’s actions in this case.

After our investigation started, the Oklahoma County District Attorney’s Office also began its own criminal investigation into Trentadue’s death. In a report issued in July 1998, the District Attorney concluded that Trentadue had committed suicide. Also in July 1998, the Oklahoma Medical Examiner amended his findings and concluded that Trentadue had committed suicide.

The OIG continued this investigation because of the many allegations that persisted about Trentadue’s death and how it was handled. We primarily focused on the alleged deficiencies in the BOP’s response to his death and how the FBI investigated it. However, to address these issues more fully, we also attempted to determine what happened to Trentadue when he came to the FTC, including how he died. We also investigated many allegations raised by Trentadue’s family about CRD’s grand jury investigation into Trentadue’s death.

During our review, we interviewed more than 230 witnesses, many more than once. Among the persons we interviewed were FTC employees, including the correctional officers who responded to Trentadue’s death; BOP employees who conducted an inquiry into his death; numerous inmates who had been in the FTC when Trentadue died; Trentadue’s brother, Jesse Trentadue, who made numerous allegations relating to his brother’s death; several of Trentadue’s friends regarding his background and state of mind; the Medical Examiner and personnel from the MEO; and the emergency personnel who went to the FTC the night Trentadue died. Also, we interviewed FBI employees who conducted and supervised the FBI’s investigation into Trentadue’s death. In addition, we interviewed the CRD attorneys who led the grand jury investigation.

We reviewed thousands of pages of documents from various sources, including the BOP, FBI, and MEO. In addition, we obtained two court orders granting us access to the information that had been presented to the grand jury. We also reviewed the FBI’s entire investigative file. We consulted with a variety of forensic experts regarding the cause and manner of Trentadue’s death. We independently examined many of the tests conducted by the FBI on the evidence, and we consulted with outside experts to review some of those tests.

As a result of our review, we concluded, like the Medical Examiner and the Oklahoma County District Attorney, that Trentadue’s death was a suicide and that he had not been beaten and murdered by correctional officers or inmates. We did not find that the BOP participated in any conspiracy to cover up his death, as some have alleged. But we did find that the BOP’s response to his death was significantly flawed. FTC employees made various mistakes, including delaying their entry into Trentadue’s cell, attempting to videotape the scene rather than immediately providing medical attention to Trentadue, failing to assess Trentadue’s condition properly, failing to inform the FBI expeditiously and fully about the circumstances of his death, and rushing to clean the cell the day of his death.

Similarly, we did not find that the FBI attempted to cover up the circumstances of Trentadue’s death. But we did find significant deficiencies in the FBI’s investigation and handling of evidence. The FBI devoted insufficient attention to the case for several months, and mishandled and misplaced several important pieces of evidence.

We also concluded that three BOP employees and one FBI employee made false statements about their actions to their supervisors, to various investigators, or to the OIG in this matter.

This Summary briefly presents the major findings of our investigation. Our full report, which is 206 pages long and includes 17 exhibits, contains grand jury information as well as information that may be protected by the Privacy Act or that otherwise implicates the privacy of individuals. In addition, the full report contains information concerning prison procedures that could compromise the security of a federal institution. Pursuant to an order from United States District Judge Tim Leonard, we provided our report to the litigants in a civil lawsuit relating to Trentadue’s death. We have also provided our report to the Deputy Attorney General, and, pursuant to an order from United States District Judge David Russell, to the FBI, the BOP, and CRD so that they may consider any discipline or other corrective actions that we have recommended or that may be appropriate.
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Offline Dig

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Key Oklahoma Bombing Witness Denied Access to Attorneys Fears for Life
http://www.infowars.com/key-oklahoma-bombing-witness-denied-access-to-attorneys-fears-for-life/
Kurt Nimmo
Infowars.com
May 17, 2010

David Hammer, the death row inmate who authored two books on the Oklahoma City bombing, was locked down by prison officials following his interview last week on the Alex Jones Show.   

Margaret Roberts, a journalist who wrote the preface to Hammer’s 2004 book Secrets Worth Dying For: Timothy James McVeigh and the Oklahoma City Bombing, contacted Alex Jones today.

“David Hammer has been locked down by prison officials, who are investigating alleged security violations relating to his interview with Alex,” writes Roberts. “David believes these actions represent the federal government’s effort to silence him for reopening the Oklahoma City Bombing case. In the email, he reports on an ominous incident over the weekend in which prison officials tried to take him out of his cell for an unscheduled ‘medical visit.’ Hammer suspects he never would have returned from said visit. He refused to go.”

A number of people connected to the Oklahoma City bombing have mysteriously died, including Oklahoma City police officers, Terrance Yeakey, Gordon Martin and Ken Griffin, a number of Oklahoma City firefighters, Dr. H. Don Chumley, G.S.A. employee Mike Loudenslager and others.

On April 20, Alex Jones talked with Jane Graham, a ninth floor survivor of the Murrah federal building bombing. Graham spotted Timothy McVeigh at the building on several occasions prior to the bombing. Graham also witnessed mysterious men inside the Murrah building and in the parking garage. “I am utterly convinced the ATF and the FBI are involved in the bombing of that building,” she told Red Dirt Reporter.

During the May 14 telephone interview from death row at the Terre Haute prison in Indiana, Hammer provided details on his relationship with Timothy McVeigh and McVeigh’s account of government involvement in his recruitment and perpetration of the bombing.

“This is extraordinary human drama: a prisoner defying the federal government, which holds his life in its hands, over the right to tell the truth about one of the darkest days in American history,” Roberts continues.

She says the interview with Alex Jones created significant activity on the “Deadly Secrets” website and renewed interest in Hammer’s revelations.

See the entire interview with Hammer here.

She includes the following email sent to her by David Hammer:

This email was marked 3:55PM May 17, 2010 through the computer system at USP Terre Haute

Subject: Get the word out

Well it’s official yours truly is in the shit again! I was informed at 1:00 P.M. today that I am officially under investigation for posing a threat to the security of the institution all because of the Radio Interview I did with Alex Jones on Friday, May 14, 2010. For those of you who haven’t heard the interview it’s on Facebook, and several other places on the web. I’m told by those who have immediate control over me that my legal calls to my attorneys [...] have been suspended. I have no doubt that my social calls and e-mail access will be terminated soon as well.

It appears as if the federal government is intent on trying to keep me quiet about the Oklahoma City Bombing. I’m afraid that they may be planning to try and shut me up for good. Early in the a.m. shortly after midnight (May 17, 2010) the unit officer came by my cell to inform me that I was going to be going on a medical trip and to refrain from eating or drinking. Since I’m not scheduled for any such trip I respectfully declined to go on any such trip. It would be an easy thing for some guard to say I attempted to escape after he had shot me. No, I’m not paranoid, and those of you who know me well know this to be true. I don’t however put anything past some people within the Department of Justice and other governmental agencies.

I’m told that I am going to be transferred to an isolation cell here on the unit. I don’t know for certain as no written or official word has been given to me yet. What I know comes from the officers working the unit. About five minutes ago, my Counselor, John Edwards brought me some legal mail and when I ask him if this was all because of the Alex Jones Interview, he said “I shouldn’t have to tell you this.” When I explained to him that according to the United States Court of Appeals for the Seventh Circuit’s en banc [a French term meaning "on a bench" used to refer to the hearing of a legal case where all judges of a court will hear the case] opinion, I am allowed to do telephone interviews and I’m allowed to conduct conference calls with my attorneys, Mr. Edwards stated “You’ll have to take that up with someone above my pay grade.” Well, so far I’ve not seen anyone else in any position of authority.

I attempted to place several telephone calls on the inmate telephone line to alert y’all to my situation, but wasn’t able to get the calls to go through. Kept getting a recording saying you have reached mail box——— I’ve not yet been told if this is the Bureau of Prisons intercepting the calls or what. Usually they are only allowed to take such action after disciplinary action has been litigated in the institutional system.

I want to get the word out to Alex Jones, Scott Horton, and online via all avenues. I can’t blog if they take away my e-mail access, so I need those of you in a position to do so to do it for me. I encourage Warden Helen J. Marberry’s e-mail address and telephone number be placed online. The more people who protest what is happening the better. Those of you in a position to do Alex Jones show and to cover this situation the better. There is still a First Amendment in this country and while prison officials may be able to stop me from speaking out, they can’t stop y’all.

I want to send this on now in hopes that it will reach you all before they stop my e-mails from going out.

Just so everyone knows, I am not planning to kill myself or do anything else stupid. If I end up dead it’s for speaking the truth and nothing more.

In Solidarity,

David Paul Hammer
Federal Death Row
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Offline donnay

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U.S. Department of Justice
Federal Bureau of Prisons
United States Penitentiary
Terre Haute, Indiana
FOR IMMEDIATE RELEASE CONTACT:
Date: February 11, 2004 USP Terre Haute, IN
www.bop.gov (812) 238-1531, Ext. 405
Office of Public Affairs
Washington, D.C.
202-307-3198
FEDERAL EXECUTION DATE SET FOR DAVID PAUL HAMMER
Washington, D.C. - The Federal Bureau of Prisons has set
June 8, 2004, as the date on which to carry out the death
sentence of inmate David Paul Hammer at the United States
Penitentiary, Terre Haute, Indiana.
Hammer was sentenced to death under Federal law on November 4,
1998, after being convicted in the Middle District of
Pennsylvania, of first degree murder in violation of 18 U.S.C.
Section 1111. This conviction resulted from Hammer pleading
guilty to killing an inmate in April of 1996, while confined at
the United States Penitentiary in Allenwood, Pennsylvania.
Hammer filed a motion to vacate his sentence pursuant to 18
U.S.C. Section 2255, but then sought to withdraw such motion. On
January 16, 2004, the U.S. District Court for the Middle District
of Pennsylvania found Hammer competent to withdraw his motion.
Consequently, the court deemed the motion as withdrawn. No
appeal is pending.
David Paul Hammer, 45 years old, was transferred to the custody
of the Bureau of Prisons in December of 1993 from the State of
Oklahoma, where he was serving a state sentence totaling in
excess of 1,200 years, for numerous crimes he committed in
Oklahoma.
The method of execution will be lethal injection.
###
REL: 04-10
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http://caselaw.findlaw.com/us-3rd-circuit/1365276.html
UNITED STATES v. HAMMER

UNITED STATES of America, Appellee/Cross-Appellant v. David Paul HAMMER, Appellant/Cross-Appellee.

Nos. 06-9000, 06-9001.

Argued Jan. 14, 2009. -- May 11, 2009
Before:  McKEE, RENDELL and NYGAARD, Circuit Judges.

Anne L. Saunders, Esq., Office of Federal Public Defender, Harrisburg, PA, Matthew Stiegler, Esq., [Argued], Defender Association of Philadelphia, Federal Court Division, Michael Wiseman, Esq., Defender Association of Philadelphia, Federal Capital Habeas Corpus Unit, Philadelphia, PA, for Appellant/Cross-Appellee.Gwynn X. Kinsey, Jr., Esq., [Argued], U.S. Department of Justice, Criminal Division, Capital Case Unit, Washington, DC, Frederick E. Martin, Esq., Office of United States Attorney, Williamsport, PA, for Appellee/Cross-Appellant.

OPINION OF THE COURT

David Paul Hammer pled guilty to murder in 1998 and was sentenced to death.   He appeals from the District Court's denial of relief under 28 U.S.C. § 2255 for his guilt-phase claims.   The government appeals from the District Court's order that Hammer be resentenced.   We will dismiss the appeals, as we lack jurisdiction because the orders of the District Court are not final.

I. Factual Background1

In April of 1996, while a prisoner at USP Allenwood, Hammer killed his cellmate, Andrew Marti.   After tying Marti to the bed frame and gagging him with a pair of socks, Hammer strangled Marti using a rope made of strips of braided sheets.   He was charged with first degree murder, and the government declared its intention to seek the death penalty.

After a psychiatric evaluation, Hammer presented an insanity defense.   A forensic psychiatrist testified that Hammer suffered from dissociative identity disorder (formerly known as multiple personality disorder) and that one of his alter personalities 2 killed Marti;  therefore, the defense argued, Hammer himself was not legally responsible.   A government expert testified that Hammer did not suffer from the disorder and was responsible for his actions.   About three weeks into the trial, Hammer told the court that he wanted to plead guilty.   After another psychiatric evaluation, Hammer was deemed competent and pled guilty on June 22, 1998.   At the change of plea proceeding, the government gave a brief summary of the evidence, and the court asked Hammer if he concurred.   Hammer disagreed with some of the summary's details, but acknowledged that he tied Marti to the bed and killed him, and that before the incident he told other inmates that he was going to kill Marti.   Hammer's acknowledgment of responsibility for Marti's death led the court to find intent to kill and premeditation.

The penalty phase lasted three weeks.   For a jury to recommend the death penalty, it must find that the government has proven at least one statutory aggravating factor beyond a reasonable doubt.  18 U.S.C. § 3592(c).  The Hammer jury found the following statutory aggravating factors unanimously and beyond a reasonable doubt:  1) that Hammer intentionally killed Marti and that he did so after substantial planning and premeditation;  and 2) that he had previously been convicted of several felony offenses involving the use of a firearm.   The jury also found the following non-statutory aggravating factors, unanimously and beyond a reasonable doubt:  1) that Hammer represented a continuing danger to the lives and safety of others because he was likely to commit criminal acts of violence;  and 2) that he caused harm to Marti's family as a result of the murder.

The jury was then presented with 15 possible mitigating factors,3 and required to determine whether or not Hammer had proven any of them by a preponderance of the evidence.   The jury found unanimously that Hammer had proved the following mitigating factors:  1) Hammer was the product of a violent, abusive, and chaotic childhood;  2) he attempted to seek help for mental difficulties while he was a child;  3) he would be sentenced to life in prison with no possibility of release if he were not sentenced to death;  and 4) his friends and family would be adversely affected by his execution.   The jury found unanimously that Hammer had failed to prove by a preponderance of the evidence that:  1) at the time of his offense his capacity to appreciate the wrongfulness of his conduct or conform his conduct to the requirements of the law was significantly impaired;  2) at the time of the offense he was under substantial duress;  and 3) he suffers from a major mental disease or defect.   The jury was not unanimous as to the remaining factors.

The jury decided that the aggravating factors sufficiently outweighed the mitigating factors and recommended a death sentence on July 24, 1998.   A week later, Hammer filed a pro se motion to discharge counsel.   After a lengthy inpatient psychiatric evaluation, he was found competent, and the District Court granted his motion to discharge counsel.   On November 4, 1998, the court sentenced Hammer to die by lethal injection.

Hammer appealed his conviction but then vacillated repeatedly over the course of several years, filing a motion to dismiss the appeal, a motion to recall the mandate, a petition for rehearing en banc, and a petition for a writ of certiorari.   Hammer filed a § 2255 motion, and then moved to dismiss it.   The District Court granted the motion and dismissed counsel.   On appeal, we vacated that order, granted a certificate of appealability, and remanded with instructions to determine whether, once and for all, Hammer wanted to proceed under § 2255.  United States v. Hammer, No. 04-9001 (3d Cir. June 3, 2004) (per curiam order).

The District Court appointed the Federal Public Defender to represent Hammer, who filed a third amended § 2255 motion challenging both the guilt and penalty phases of his trial.   The District Court rejected all of Hammer's claims relating to the guilt phase of his trial, namely, his attacks on the change of plea proceedings, the validity of the proceedings allowing him to decide pro se whether to appeal, and counsel's effectiveness.   The court did grant relief as to Hammer's penalty phase claims, holding that the government violated Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), when it did not turn over certain materials to the defense until the § 2255 hearing in September, 2005, long after the trial.   Among those materials were 33 “302 statements” from the FBI that summarized interviews with prison inmates.   Some of the statements indicated that Hammer had previously braided sheets into ropes for use during sex.   Hammer contends that these statements were exculpatory and relevant to the aggravating factor of substantial planning, and therefore he was entitled to a new penalty phase.   The District Court found that the government's failure to turn over the 302 statements violated Brady and tainted the jury's determination that Hammer killed Marti after substantial planning and premeditation.   The court also found that some of the jury's findings on mitigating factors were erroneous.

The District Court vacated Hammer's sentence and gave the government 60 days to move for a new penalty phase;  the court said that if the government failed to so move, it would impose a life sentence.   The government moved for the new penalty phase, but resentencing has not yet occurred.   Hammer appeals the District Court's denial of guilt-phase relief, and the government appeals the District Court's order vacating the death penalty and granting resentencing.

II. Jurisdiction

Hammer argues that we do not have jurisdiction over the government's appeal of the order that he be resentenced because there is no final, appealable order until the resentencing has occurred.   The government maintains that we do have jurisdiction.

On May 30, 2006, Hammer filed a Suggestion of Jurisdiction Impediment as to the government's appeal.   On December 12, 2006, we declined to dismiss Hammer's appeal for lack of jurisdiction, and on December 21, 2006, we declined to dismiss the government's appeal for lack of jurisdiction.4  On March 21, 2007, Hammer filed a petition for a Writ of Certiorari challenging jurisdiction, and we stayed the appeals.   The Supreme Court denied the petition.  Hammer v. United States, --- U.S. ----, 128 S.Ct. 43, 169 L.Ed.2d 41 (2007).

The issue before us is whether we have jurisdiction to review an order under 28 U.S.C. § 2255 granting a new sentencing hearing but denying a new trial in a capital murder prosecution.   We will deal first with the appeal from the grant of a new penalty phase.   Remarkably, this is an issue of first impression in the Third Circuit.

A. Jurisdiction Over the Government's Appeal of the Grant of a New Penalty Phase

  Under § 2255, if the district court finds that the petitioner is entitled to relief, “the court shall vacate and set the judgment aside and shall discharge the prisoner or resentence him or grant a new trial or correct the sentence as may appear appropriate.”   The statute also provides that an “appeal may be taken to the court of appeals from the order entered on the motion as from a final judgment on application for a writ of habeas corpus.”   28 U.S.C. § 2255.

In 1963, the Supreme Court spoke directly to this finality issue in the non-capital context.   In Andrews v. United States, 373 U.S. 334, 83 S.Ct. 1236, 10 L.Ed.2d 383 (1963), the two petitioners challenged the constitutionality of their sentences under § 2255, arguing that they had been denied their right of allocution at sentencing.   The district court granted relief, vacated the petitioners' sentences, and ordered that they be resentenced.   The government appealed, and the district court stayed the resentencing.   The court of appeals reversed the district court's resentencing order.  Id. at 336, 83 S.Ct. 1236.

The Supreme Court held that the court of appeals did not have jurisdiction because the district court's judgment did not become final until it granted one of the four remedies listed in § 2255:  discharging the prisoners, resentencing them, granting them a new trial, or correcting their sentences.   Id. at 340-41, 83 S.Ct. 1236.   The Court said that it was clear that the order granting resentencing was interlocutory, not final.  “Where, as here, what was appropriately asked and appropriately granted was the resentencing of the petitioners, it is obvious that there could be no final disposition of the § 2255 proceedings until the petitioners were resentenced.”  Id. at 339, 83 S.Ct. 1236.   The Court cited the “long-established rule against piecemeal appeals in federal cases” and noted that the reason for the rule was particularly important in the instant case:  “Until the petitioners are resentenced, it is impossible to know whether the Government will be able to show any colorable claim of prejudicial error․ (U)ntil the court acts, none of the parties to this controversy will have had a final adjudication of his claims by the trial court in these § 2255 proceedings.”  Id. at 340, 83 S.Ct. 1236.

While we have not before addressed the precise issue presented here, we did consider whether a grant of a new trial is a final, appealable order under § 2255 in United States v. Allen, 613 F.2d 1248 (3d Cir.1980).   In Allen, the petitioner sought a new trial under § 2255, arguing that his conviction was based on insufficient evidence.   The district court granted the motion and the government appealed.   We found that we did have jurisdiction because the grant of a new trial was a final, appealable order under § 2255.   We relied on the language of the statute that specifies that the grant of a new trial is one of the four enumerated “order(s) entered on the motion” and said that “the crucial question in these cases in determining finality is whether the district court has entered one of the orders specified in paragraph 3 of § 2255.”  Id. at 1250.   We then cited Andrews as a situation in which the court of appeals did not have jurisdiction because the district court had not entered one of the four orders on the motion:  while the district court had ordered that the petitioners be resentenced, it had not actually resentenced them.

Neither Andrews nor Allen was a capital case.   In United States v. Stitt, 459 F.3d 483 (4th Cir.2006), the United States Court of Appeals for the Fourth Circuit addressed the precise situation we face here:  a petitioner who was sentenced to death and sought relief under § 2255, a district court that denied relief as to the guilt-phase claims but ordered resentencing, and a government appeal of the order vacating the death sentence.   The court of appeals initially affirmed the district court and remanded for resentencing.   After the opinion was published, the court of appeals discovered Andrews v. United States and asked for supplemental briefing on the question of whether it had jurisdiction over the § 2255 appeal when the petitioner had not yet been resentenced.  Id. at 484.   The court concluded that it did not have jurisdiction.

The Stitt court looked to Andrews and found it controlling:  in both cases, the district court had vacated a sentence and ordered resentencing.  “In such cases, Andrews mandates that there is no final judgment 'until the prisoners [a]re resentenced.’ ” Id. at 485 (quoting Andrews, 373 U.S. at 340, 83 S.Ct. 1236).   In its brief in Stitt, the government had cited our Allen decision as authority for the proposition that the district court's judgment was final;  the Stitt court noted that Allen was a case in which the district court vacated the conviction and ordered a new trial, and distinguished between the order for a new trial and an order that the petitioner be resentenced.  Id. The Stitt court found that it lacked jurisdiction over the appeal and remanded to the district court for resentencing.

Judge Williams wrote a concurring opinion to elaborate on the jurisdictional issue.   She addressed the government's argument that Andrews was distinguishable from Stitt because Stitt was a capital case.   The government argued in Stitt, as it does here, that given the procedural parallels between a capital sentencing and a trial, a capital defendant's resentencing should be considered a “new trial” for purposes of § 2255.   A capital resentencing hearing involves a jury and bears many of the hallmarks of a trial.   See 18 U.S.C. § 3593(b) (if the defendant is found guilty or pleads guilty to a capital offense, the judge conducts a separate sentencing hearing before a jury to determine punishment).   The government pointed out that appellate jurisdiction exists over an order granting a § 2255 petitioner a future new trial and therefore should exist over an order granting a new capital sentencing hearing.   It argued that it would be a waste of resources to postpone appellate review until after the resentencing hearing, given the possibility that the appeals court would find that resentencing was not warranted in the first place.   Judge Williams agreed that the waste of resources argument was compelling, and that the procedures required for a capital sentencing hearing closely resemble the guilt phase of a criminal trial.   She found, however, that regardless of procedural similarities between a new trial and a capital sentencing hearing, a “trial” by definition encompasses both guilt and sentencing phases:

[A]  future capital resentencing hearing, like a future non-capital resentencing hearing, is a ‘resentencing’ and not a ‘new trial’ for purposes of § 2255.   While a capital sentencing shares some of the procedural requirements afforded defendants at the guilt phase of a criminal trial the purpose of a capital sentencing hearing, like the purpose of any sentencing hearing, is to determine the proper punishment to be imposed on a criminal wrongdoer, not to determine whether a defendant should be convicted of the charged crime.   Accordingly, under Andrews, a district court's order granting a future capital resentencing hearing, such as the order at issue here, is not appealable.

Id. at 488.

 We agree with the Stitt court.   The Supreme Court in Andrews and our own court in Allen have held all too clearly that we do not have jurisdiction over the government's appeal of the District Court's resentencing order:  a § 2255 proceeding is not final until the prisoner is resentenced.   See Andrews, 373 U.S. at 339, 83 S.Ct. 1236.   Other authority supports this principle.   See, e.g., United States v. Hayes, 532 F.3d 349, 352 (5th Cir.2008) (finding an appeal timely when the government filed it within sixty days of the defendant's resentencing, rather than sixty days of the order entitling him to be resentenced, because the order was not final until the district court resentenced the defendant);  United States v. Futch, 518 F.3d 887, 894 (11th Cir.2008) (concluding that § 2255 proceedings were not completed and final until the defendant had been resentenced, completing both the criminal case and the collateral § 2255 proceeding);  United States v. Hadden, 475 F.3d 652 (4th Cir.2007) (distinguishing between an order for a future resentencing and an order for a new trial and holding that “a district court's order that contemplates the court's correction of the prisoner's sentence at some time in the future ․ does not complete the § 2255 proceeding and is therefore not immediately appealable.”);  United States v. Martin, 226 F.3d 1042 (9th Cir.2000) (holding that a district court's judgment vacating a sentence does not become final and appealable until the defendant has been resentenced).

In Allen, we held that § 2255 laid out exactly what is a final, appealable “order entered on the motion.”   There are four such orders:  1) discharge the prisoner, 2) resentence the prisoner, 3) grant a new trial, or 4) correct the sentence.   An order that contemplates a future resentencing but does not accomplish it is not an “order entered on the motion” and is not final and appealable.  28 U.S.C. § 2255.

As to the government's argument that a capital sentencing should be equated with a new trial, we find this to be an interesting argument but ultimately lacking in persuasive appeal.   A trial determines guilt;  a sentencing determines the penalty for a guilty defendant.   A capital sentencing is still a sentencing:  it determines what punishment an already-convicted defendant should receive.

The government notes that both the text of § 2255 and Andrews contemplate that the § 2255 court will resentence the petitioner, but that § 2255 does not make any provision for resentencing that involves a jury.   It argues that the District Court must conduct the resentencing under its guise as the trial court, not the § 2255 court, and therefore its jurisdiction as a § 2255 court has ended and the resentencing order is final.

It is true, as the government points out, that § 2255 does not specifically contemplate the process of capital resentencing.   But § 2255 applies in capital and non-capital cases alike, as the statute under which federal prisoners file habeas corpus petitions.   Cf. Hain v. Mullin, 436 F.3d 1168, 1178 & n. 2 (10th Cir.2006) (referring to federal capital trials and including both § 2254 and § 2255 proceedings as vehicles for collateral attack).   The statute does not have to address specifically every feature of sentencing procedure in order to apply in the capital context.   Furthermore, had Congress wanted a different rule to apply in capital cases, it could have said so.

We can draw guidance as to the procedural questions from what happened after the initial remand for resentencing in Stitt.   The district court refused to impanel a capital jury, concluding that the statute under which Stitt had been convicted, 18 U.S.C. § 848, had been amended since his initial sentencing and no longer provided a procedure for impaneling a new jury for reconsideration of a death sentence.  Stitt v. United States, 475 F.Supp.2d 571, 574 (E.D.Va.2007).   The district court said that not only did it lack the statutory authority to convene a new capital sentencing hearing, but that even if it had such authority, it would use its broad equitable powers under § 2255 to hold a new sentencing hearing without the possibility of the death penalty and without impaneling a jury.  Id. at 576.   The court said that too much time-eight years-had elapsed since the initial sentencing, and cited “the general statutory preference for a unitary jury.”  Id. at 577.

The court of appeals took a dim view of this reasoning.  United States v. Stitt, 552 F.3d 345 (4th Cir.2008), petition for cert. filed, (U.S. Apr. 24, 2009) (No. 08-10074).   It found that the Savings Statute meant that Stitt could be sentenced under 18 U.S.C. § 848, and that the district court's refusal to impanel a capital sentencing jury under § 2255 was an abuse of discretion.   The court quoted the mandatory language from § 848:  “ ‘the judge who presided at the trial ․ shall conduct a separate hearing to determine the punishment to be imposed․ [That hearing] ‘shall’ be conducted ‘before a jury impaneled for the purpose of the hearing․’ ” Id. at 355-56 (quoting 21 U.S.C. § 848(i)(1)).   The court then emphasized its previous “admonition that the defendant be placed in the ‘same position’ is if there was no error.   In this case, that position would be awaiting a penalty phase after having been convicted of death eligible offenses.”  Id. at 356.   The court of appeals remanded the case for a new capital sentencing hearing.

The Stitt court did not have a problem with the district court's impaneling a capital sentencing jury, and neither do we.   It is undisputed that Hammer was convicted and sentenced under the Federal Death Penalty Act, 18 U.S.C. § 3593.   The FDPA has the same mandatory language that the Stitt court cited in 18 U.S.C. § 848:  when a defendant is found guilty or pleads guilty to a capital offense, the judge “shall” conduct a separate sentencing hearing, and the hearing “shall be conducted” before a jury impaneled for the purpose of the hearing if:  A) the defendant was convicted upon a guilty plea;  B) the defendant was convicted after a bench trial;  C) the jury determined that the defendant's guilt was discharged for good cause;  or D) “after initial imposition of a sentence under this section, reconsideration of the sentence under this section is necessary.”   Hammer's resentencing fits under 18 U.S.C. § 3593(b)(2)(D).  Although § 2255 does not deal directly with the procedures for impaneling a capital jury, its instruction that the § 2255 court shall resentence a defendant is clear.

Finally, the government cannot answer the most basic point from Andrews:  “Until the petitioners are resentenced, it is impossible to know whether the Government will be able to show any colorable claim of prejudicial error․ (U)ntil the court acts, none of the parties to this controversy will have had a final adjudication of his claims by the trial court in these § 2255 proceedings.”  373 U.S. at 340, 83 S.Ct. 1236.   The government will not be able to show prejudicial error until the District Court resentences Hammer, and it will presumably have no reason to appeal if a jury again imposes a death sentence.

B. Jurisdiction Over Hammer's Appeal of the District Court's Denial of a New Guilt Phase

  We now turn to the defendant's appeal from the guilt phase, namely his claim of ineffectiveness of trial counsel and his challenge to the validity of the change of plea proceedings and the proceedings allowing him to decide pro se whether to appeal.   We conclude that the order denying Hammer relief as to the guilt phase does not become final until he is resentenced.

 At oral argument, Hammer's counsel acknowledged that it was not clear that we had jurisdiction over Hammer's appeal:  he pointed to authority saying that an order denying a new trial is a final, appealable order, but also acknowledged that certain cases say that an order must be final as to all parties before it is appealable.   See Stitt, 459 F.3d at 486 n*.   In a criminal case, a final judgment requires both conviction and sentence.   Corey v. United States, 375 U.S. 169, 174, 84 S.Ct. 298, 11 L.Ed.2d 229 (1963);  United States v. Lanham, 631 F.2d 356, 357 (4th Cir.1980);  see also 28 U.S.C. § 1291.   Although proceedings under § 2255 are civil, not criminal, the statute expressly authorizes appeals to be taken “as from a final judgment on application for a writ of habeas corpus,” and Andrews has been interpreted as applying the final judgment rule in habeas proceedings.   See, e.g., Mathis v. Zant, 903 F.2d 1368 (11th Cir.1990).   Thus, the order denying Hammer relief as to his guilt phase claims will not become final until he is resentenced. Therefore, we do not have jurisdiction over his appeal.

In light of the above, we will dismiss the appeal.

FOOTNOTES

1.   The District Court opinion contains an exhaustive detailing of the facts of this case.   See United States v. Hammer, 404 F.Supp.2d 676 (M.D.Pa.2005).   We will not extensively revisit them here.   We discuss the events of the trial, the penalty phase, and the post-conviction proceedings to provide context and background information, but note that, because we conclude that we have no jurisdiction based on lack of finality, they are not essential to our reasoning or conclusion.

2.   The defense's forensic psychiatrist testified that Hammer had four alter personalities:  1) Jocko, a violent male;  2) Tammy, a female;  3) Wilbur, a child;  and 4) Jasper, a chimpanzee.   He contended that Jocko killed Marti.

3.   The mitigating factors covered Hammer's mental state at the time of the killing, his mental, emotional, and family history, his time in prison, and his level of remorse and acceptance of responsibility.

4.   The denial by a motions panel of a motion to dismiss for lack of jurisdiction acts as a referral to the merits panel.  Reilly v. City of Atlantic City, 532 F.3d 216, 223 (3d Cir.2008).
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Offline Djævlen

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no one here finds it odd that this guy was able to write 2 books, do a 60+ minute interview from death row, and NOW he's being locked down and can't communicate wit the media? something is not right....I don't know what it is but this seems very strange.

during the interview, AJ kept saying, "in case they cut you off...." about 10 times and he never got cutt off....hmmmm
“The devil is only a convenient myth invented by the real malefactors of our world”

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Offline Freeski

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What I find interesting here is a part of the timeline:

The last media interview at this facility (Terre Haute) was a 60 Minutes piece with McVeigh in 2000, then McVeigh is "executed" just two months before the great distraction of 9/11?
"He who passively accepts evil is as much involved in it as he who helps to perpetrate it. He who accepts evil without protesting against it is really cooperating with it." Martin Luther King, Jr.

Offline Dig

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no one here finds it odd that this guy was able to write 2 books, do a 60+ minute interview from death row, and NOW he's being locked down and can't communicate wit the media? something is not right....I don't know what it is but this seems very strange.

during the interview, AJ kept saying, "in case they cut you off...." about 10 times and he never got cutt off....hmmmm

Yes it is incredible after 15 years and Bilderberg Bankers, Larry Potts, and Hillary Clinton assassinating witnesses that we finally know the truth. THEY ARE NOT GOD. They do not control everything, and the more people they silence, the thousands more wake up. What is very puzzling is that instead of doing your part to make sure the world knows the truth you poison threads with such speculative Tavistock talking points...I don't know what the reason is but this seems very strange.

hmmmmm...
All eyes are opened, or opening, to the rights of man. The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately

Offline Djævlen

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Yes it is incredible after 15 years and Bilderberg Bankers, Larry Potts, and Hillary Clinton assassinating witnesses that we finally know the truth. THEY ARE NOT GOD. They do not control everything, and the more people they silence, the thousands more wake up. What is very puzzling is that instead of doing your part to make sure the world knows the truth you poison threads with such speculative Tavistock talking points...I don't know what the reason is but this seems very strange.

hmmmmm...

c'mon man thats absurd, laughable. i apologize for questioning the story/motives surrounding a convicted murderer who provided no real information that wasnt in the public record and/or speculated by other researchers. please get over your all-knowing self.
“The devil is only a convenient myth invented by the real malefactors of our world”

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Offline Dig

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c'mon man thats absurd, laughable. i apologize for questioning the story/motives surrounding a convicted murderer who provided no real information that wasnt in the public record and/or speculated by other researchers. please get over your all-knowing self.

get over yourself, this person is confirming what we know. It is very important that the truth come out from multiple sources. He is risking a torturous death in coming forward for the first live interview in 10 years. All you can do is demonize him, wow.
All eyes are opened, or opening, to the rights of man. The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately

Offline Dig

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All eyes are opened, or opening, to the rights of man. The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately

Offline Djævlen

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get over yourself, this person is confirming what we know. It is very important that the truth come out from multiple sources. He is risking a torturous death in coming forward for the first live interview in 10 years. All you can do is demonize him, wow.

dude, i wasnt demonizing him (unless stating the fact that he is a murderer is demonization). all i was doing was asking questions....of course this is a HUGE story and I hope it gains some ground. I also hope that this site remains a place where one can have a dissenting opinion or ask questions without fear of reprisal from mods.
“The devil is only a convenient myth invented by the real malefactors of our world”

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Offline Dig

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dude, i wasnt demonizing him (unless stating the fact that he is a murderer is demonization). all i was doing was asking questions....of course this is a HUGE story and I hope it gains some ground. I also hope that this site remains a place where one can have a dissenting opinion or ask questions without fear of reprisal from mods.

you weere not asking a question, you were poisoning a thread. All of a sudden you expect me to think you are stupid, when we both know damn well you are probably smarter than I am. Here is what you wrote:

Quote
no one here finds it odd that this guy was able to write 2 books, do a 60+ minute interview from death row, and NOW he's being locked down and can't communicate wit the media? something is not right....I don't know what it is but this seems very strange.

during the interview, AJ kept saying, "in case they cut you off...." about 10 times and he never got cut off....hmmmm

A question would be something like: "Can people shed light on giving more sources to back up his statements like the one about being in a cell near Timothy McVeigh or his association with other people involved with the case. You are pushing negativity with absolutely no facts, you are pushing skepticism and poisoning/demonizing a stellar witness to events that altered this country's history and our rights as human beings. 
All eyes are opened, or opening, to the rights of man. The general spread of the light of science has already laid open to every view the palpable truth, that the mass of mankind has not been born with saddles on their backs, nor a favored few booted and spurred, ready to ride them legitimately


Offline attietewd

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Viper, I am reading the book by him.  Is he legit?  The books seems to be right on.  It seems funny you mentioned him and I just started reading this last night and I knew I recognized the name. 
http://www.scribd.com/doc/17840025/Cisco-Wheeler-Fritz-Springmeier-Deeper-Insights-Into-the-Illuminati-Formula

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Fritz Springmeier?
“Thus, condemnation will never come to those who are in Christ Jesus…”