To deny Eduardo the proper medical attention that he needs when he has repeatedly asked for it is a direct violation of his eight amendment rights.
It is unjust and inhumane. The malicious, sadistic attack alone is an atrocity that we are still in shock about, yet to continue to deny him help almost a month after the attack and to further punish him by denying him his only source of communication with his loved ones and to deny us that as well is a
grave injustice
. To prevent him from having access to phone and email communication as well is unbelievable. To not administer pain medicine for a whole week is torture. To keep him in
solitary confinement
is a complete disgrace. How many more rights must be violated before someone takes action to help Eduardo? Why has attorney Marcus deliberately presented the case inaccurately to the court and failed Eduardo innumerable occasions when he needed to act and to speak on his behalf? Why does Marcus keep lying to Eduardo and to the members of the family that he will act on Eduardo’s behalf but fails to follow through each time? Marcus has caused such irreparable harm to Eduardo and the case. It is my humble yet strong opinion that James Marcus be severely reprimanded, if not disbarred. James I Marcus has not only fallen short of his
professional, fiduciary responsibilities but also has violated Eduardo’s 6
th
amendment rights.
James I Marcus
failed to act with honor and with reasonable diligence and promptness in representing Eduardo from the beginning
. He was hired on the basis that he would go to trial, address and fight
all the errors and violations in the case
to prove Eduardo’s innocence. While also bringing to light that former Civil case attorney Jim Koch, who was paid $250K, committed deliberate harm to Eduardo; with violation and obstruction of justice by having Eduardo sign a document without disclosing fact that he was waiving his rights to double jeopardy. And after withdrawing from the case, he took no care to avoid foreseeable prejudice to Eduardo‘s rights. James I Marcus has shown
intentional dishonesty
. He has
wrongfully held our money
. James I Marcus
has never demonstrated having any knowledge of key elements about the case, including
discovery
and the
counts against Eduardo
. James I Marcus
engaged in conduct that is prejudicial to the administration of justice by failing to review the case, promising and failing to hire a forensic accountant, and failing to meet with Eduardo in general but more importantly to strategize on how they would address all the errors and violations in the case.
Instead, James I Marcus
did nothing except
collaborate a guilty plea with prosecutor, Brian Hayes, and coerced Eduardo to sign a guilty plea under duress and false promises
;
intentionally lying to Eduardo.
Please see sworn attached affidavits from Eduardo, myself as well as Eduardo’s sisters Zully Velazquez and Bianca Ganvik. I am attaching the August 2012
motion to recuse attorney Marcus
which includes all documentation of
Marcus’ ineptness
, including proof of payment of $50,000.00 to Marcus for Eduardo’s defense and
sworn filed affidavits.
Please let me know what other documentation could be of value. As well, I’m attaching emails from Marcus and