Sunday, September 6, 2015


He may have filed his appellate brief, with extensive appendices, but Richard Chichakli apparently was not finished with presenting his issues before the Second Circuit*. He requested, and received, permission to file what he has captioned a "Supplemental Brief," notwithstanding that the US Attorney's office has not yet filed its brief of appellee.

The 53-page brief, filed Pro Se, made the following arguments, some of which appeared earlier in his initial brief. Where necessary to frame an issue he has presented, I have resorted to commonly-used legal terms, as he often used non-legal language:

(1) The Government suborned, and knowingly used, perjured testimony.
(2) The Government violated the extradition treaty with Australia, but charging him with a different crime than that which he was extradited for.
(3) The indictment was, at the time of trial, materially altered, and at variance with the indictment received from the Grand Jury.
(4) The final judgment should be vacated, due to ineffective assistance of court-appointed stand-by counsel.
(5) The court erred in charging the jury; highly prejudicial external material was introduced to the jury.
(6) Irrelevant, highly prejudicial, evidence was improperly admitted, and the Court expressed bias toward the defendant.
(7) The judgment should be vacated, and a new trial ordered, pursuant to Rule 60, for Fraud Upon the Court.
(8) The Government withheld Discovery, in violation of Rule 16, and the Jencks Act**.
(9) The Pro Se defendant was denied a fair trial, as he was prevented from preparing for trial, by placing him in solitary confinement, and removing all possible tool necessary for him to prepare a defense.
(10) The guidelines calculation was improperly enhanced eighteen levels, and a Downward Departure, pursuant to Section 3553(a) was improperly denied.
(11) The Court erroneously authorized Forfeiture.
(12) The judgment should be vacated, and a new trial ordered, due to jury misconduct.

When the Government's brief is filed, we shall update this story.
* Chichakli vs. United States, Case No.: 14-4255 (2nd Cir.).
** previous statements, or testimony, of government witnesses, or materials that they relied upon during testimony.


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