Background

Topics: Prison, Appeal, Court Pages: 6 (2179 words) Published: October 30, 2013
 March 28, 2012

Suffolk County Bar Association
Wheeler Road
Hauppauge, NY 11788

ATT: MIKE KENNEDY, ESQ.
RE: People v. Robert Gandolpho
CASE NUMBER:

BACKGROUND INFORMATION

I was retained by Robert Gandolpho’s parents to investigate, research, write, and perfect an appeal for their son, Robert Gandolpho, who was convicted of violent felony charges after a jury trial in Nassau County Court before the Honorable Phillip Grella and sentenced on “” to a determinite “15” years of incarceration. I was referred to the parents of Robert Gandolpho through family members as I had recently represented his cousin Phillip Rodgers on a successful appeal in Brooklyn too lessen a sentence impacted by the Rockefeller Drug Law Amendments. Through my representation of Mr. Rodgers, I had the opportunity to develop a strong attorney-client relationship with many members of Robert Gandolpho’s family which incude his maternal grandmother and aunt. Accordingly, they referred me to Robert Gandolpho’s parents to pursue his appeal.

Robert Gandolpho’s father is a computer engineer who works full time for a large corporation, and his mother Kathy is a licensed electrolysis and body hair removal specialist who has operates her own facility for over twenty years. I have maintained and developed a very positive working relationship on this case with Robert Gandolpho’s parents. Specifically, I have met with them on numerous occasions in their home and in my office to review their sons’ case, and update them with the progress and strategy in moving forward and perfecting their son’s appeal. In addition, I also gave them copies of other perfected appeals I have handled, including an appeal on a case entitled the People v. Sean Welcome, that was very similar in regards too facts and legal arguments as Robert Gandolpho’s appeal. Additionally, I gave them copies of all the transcripts pertaining to the trial, and also furnished them with an outline, copies of case research, and file notes in connection with their son’s appeal.

In Robert Gandolpho’s purported grievance, he claimed that his parents were elderly, and that I had charged them a sum of $30, 000 (thirty-thousand dollars). Please be advised that such a claim is not only false but completely inaccurate. First, as I had previously mentioned, his parents appear to be in their early fifties in regards to their age. Additionally, please find enclosed a retainer agreement, (EXHIBIT “A”), which memorializes my agreement with Robert Gandolpho’s parents and indicates the total legal fee on his case was a cap of $20, 000(TWENTY THOUSAND DOLLARS), which has been broken down in payments throughout the course of the case.

Robert Gandolpho’s parents have expressed to me on numerous occasions that their son suffers from diagnosed mental illness and has not been given his medication while he has been incarcerated. Based on my numerous discussions with his parents, as well as review of the case file I have been apprised that for many years Robert Gandolpho has been on medication for mental issues and had been hospitalized for psychotic episodes in previous years. According to his parents, when he is on medication that is properly prescribed he is an intelligent and functional young man who can be a productive member of society. While he has been incarcerated, his family has explained that he has been off his medication which has lead to disciplinary problems in the jail as well as instances where he has caused conflict with his parents and other family members. Recently, his parents have made use of an appointed advocate in the state prison system to help them find a way to have their son properly treated and medicated while he is incarcerated and serving his sentence. Consequently, his family believes that a history of mental illness has been excaserbated by the stress and trauma of upstate prison incarceration.

PURPORTED GRIEVANCE...
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