Alfred Trenkler Innocent Committee

LATEST NEWS, in reverse chronological order. (for news about the case and other related non-web-linked news) (For older, archived News see "Latest News (old)")

9 June 2008. The First Circuit Court of Appeals, Judge Jeffrey Howard, denied Tom Shay's Motion for Appointment of Counsel.

1 June 2008. Circuit Court of Appeals to hear Alfred Trenkler resentencing appeals at 9:30 on 4 June. See Court CALENDARING ORDER. See also, Alfred Trenkler MEDIA RELEASE.

On Wednesday, 4 June, the U.S. Court of Appeals for the First Circuit will hear the appeal and cross-appeals of the April 2007 resentencing of Alfred Trenkler to 37 years in prison. He was originally sentenced in 1994 by U.S. Federal Judge Rya Zobel to two life terms in prison for his alleged role with the Roslindale Bomb which killed Boston Police Officer Jeremiah Hurley and maimed Officer Francis Foley in 1991.

30 May 2008. Alfred Trenkler writes LETTER presenting his views of the case and his wrongful conviction.

"First and foremost, from the bottom of my heart, I had absolutely nothing to do with the Roslindale bombing in any way, shape, or form. Yes, I met Thomas A. Shay(Tom). Yes, I gave Tom Shay my pager number, and yes I attached two batteries and a switch to the 1986 Artillery Simulator. I'll be the first to admit that it is a convenient set of circumstances, but that's all they are.

I have protested my innocence since day one when everyone came knocking at John Cates' door at 11 p.m. on November 5th, 1991. Any time police or Federal agents were around me, I did the same. The day I was arrested at the Morrissey Boulevard stop light on 16 December 1992, I stated to the officers that they were arresting an innocent man. Arriving at the Federal courthouse that same day I stated to television reporter, Charles Austin, that "they" had the wrong man."

In the Motion, Tom Shay states, "Defendant's appeal for appointment of counsel is also, in part, part of the reasoning for the appeal itself, as the Defendant's proven mental inabilities and incapacitations limit his basic knowledge and understandings of any legal knowledge and or abilities to associate a concise legal defense."

29 May 2008. Tom Shay is returned to the Memphis, Tennessee Federal Prison from the Worcester County House of Correction.

He will likely serve the rest of his violation-of-probation sentence at Memphis and then be returned to the Worcester County House of Correction to serve the six month sentence he was recently given. (See below, for 13 May 2008)

13 May 2008. Thomas Shay is returned the East Brookfield District Court in Mass. and sentenced to six months in prison for the same incidents in Spencer, Mass. which led to the revocation of his Federal probation and sentence to an additional 33 months in Federal prison.

13 May 2008. Thomas Shay files Motion with the Court of Appeals to request an additional 45 days to obtain the money to pay the $455 filing fee.

4 May 2008. First Circuit Court of Appeals again denies Thomas A. Shay the ability to proceed in foma pauperis.

The court's ORDER gave T.A.Shay until 15 May to pay the $450 filing fee, even though he has no income and no assets and has relied in prison on the charity of friends to purchase necessities and stamps.

[In partial response, Morrison Bonpasse wrote a LETTER to judges of the First Circuit Court of Appeals and of the U.S. District Court urging reconsideration. The letter also brought to their attention issues from the case which are explored in the book (manuscript), Perfectly Innocent.]

28 April 2008. Assistant U.S. Attorney Timothy Feeley is nominated by Governor Deval Patrick to become a Massachusetts Superior Court judge.

A Boston Globe article, "Govenor makes 3 judicial nominations," reported that "A prosecutor on the team that won a conviction against shoe bomber Richard Reid has been nominated to be a state Superior Court Judge. Timothy Q. Feeley, 58 of Marblehead, has served more than 17 years in the U.S. Attorney's office, rising to chief of the office's Major Crimes Unit."

[Timothy Feeley is now the lead Asst. U.S. Attorney working to preserve the wrongful convictions of Alfred Trenkler and Thomas Shay. He has declined to discuss the case with Morrison Bonpasse, author of Perfectly Innocent, and has not indicated an interest in reading about how the two men were wrongfully convicted. Neither he nor any other prosecutor in the Office of the U.S. Attorney for Massachusetts has offered any refutation of any of the facts presented in that book, nor of the facts presented on this website.]

8 April 2008. Bureau of Alcohol Tobacco & Firearms responds with LETTER to Alfred Trenkler's FOIA request with documentation showing complete destruction in 2005 of evidence in Roslindale Bomb Case.

One summary comment, with a "log date" of 29 March 2006, stated, "On or about October 17, 2005 AUSA Lang and Pelgro advised GS [name blacked out] that all property related to the Roslindale Bombing could be destroyed."

All the enclosed "REPORT OF DESTRUCTION" pages gave 19 December 2005 as the destruction date, at the Wheelebrator Incinerator at Saugus.

8 April 2008. First Circuit Court of Appeals issues an ORDER to Thomas A. Shay, regarding his appeal.

"Accordingly, appellant must either pay the docket fees - a total of $455.00 - to the Clerk of the District Court or file a compliant request for in forma pauperis status before the Court of Appeals...."

8 April 2008. Judge Rya Zobel issues ORDER again denying Thomas A. Shay permission to proceed in forma pauperis.

"Although the ending balance for this period was $170.96, the deposits to the account during this twenty-day span were $810.91. The papers explain neither the source of these funds nor the availability of additional monies. Based on this contradictory record I am not persuaded that petitioner is unable to pay the filing fee of $455.00."

3 April 2008. First Circuit Court of Appeals issues an ORDER transmitting Tom Shay's Motion to proceed in forma pauperis (without funds) back to Judge Zobel's District Court.

"The district court, if it denies the motion, is requested to state its reasons in writing. Fed. R. App. P. 24(a)(2). If appellant is not granted in forma pauperis status by the district court, he may file a motion to proceed in forma pauperis in this court, provided that he do so in accordance with Fed. R. App. P. 24(a)(5)."

14 March 2008. After receiving an Order supporting his right to appeal his case, Thomas A. Shay filed a Motion to Proceed in forma pauperis - i.e. without the funds to pay for counsel or court filing fees.

2/19/08 ORDER entered directing appellant to file a request for a certificate of appealabilty in this court. Date of denial by district court: 1/3/08 CAP Memo due 3/4/08. [07-2764] (dona)

3/14/08 PRO SE LETTER/MOTION filed by Appellant Thomas A. Shay to proceed in forma pauperis. [07-2764] (myra)

It's expected that he'll remain there until his December 2009 release. His address is:

11 March 2008. Alfred Trenkler files FOIA (Freedom of Information Access) Requests with U.S. Attorney's office in Boston and ATF.

After learning in late 2007 of the intentional destruction of the evidence in the Roslindale Bomb case in 2005 and 2006, Alfred Trenkler has filed FOIA requests to learn more about what was destroyed and who authorized such destruction.

26 February 2008. Tom Shay has been transferred to a Federal Prisons Transfer Center in Oklahoma City, Oklahoma.

It's unknown why he was transferred out of the North East Region, where he's been incarcerated since being recommitted in August 2007. Although he expects to be transferred to a final destination soon, his mailing address is

20 February 2008. Jack Wallace, stepfather of Alfred Trenkler, writes LETTER to Judge Rya Zobel on 31 January, and filed in court on 5 February.

Regarding the April 2007 disposition of his 2006 Motion to reveiw evidence, Jack wrote.....

"Neither Alfred nor I ever received notice of your denial on April 12, 2007. We did not learn of your denial until we received the Government's opposition to defendant's motion to review the trial evidence on January 8, 2008....

Now we find out that the U.S. Attorney, Michael J. Sullivan, Acting Director of the ATF since August 2006, authorized the ATF to destroy the evidence in Alfred's case which they did in October, 2005 and February 2006....

Alfred Trenkler is completely innocent of the horrible crime he ws convicted of - it is a miscarriage of justice that he is incarcerated for a crime he did not commit.

20 February 2008. Judge Mark Wolf responds to Tom Shay letter to him (see 25 January, below), by referring letter to Judge Zobel.

The docket entry for Case 1:07-cv-11752-RWZ, reads, " Judge Chief Judge Mark L. Wolf: ELECTRONIC ENDORSEMENT re 28 Letter/request (non-motion): "As this relates to a case before Judge Zobel, this letter is hereby REFERRED to her." (Boyce, Kathy) (Entered: 02/20/2008)"

19 February 2008. Alfred Trenkler has more visitors at Devens in two weeks than in all of 2007 at Allenwood.

So far, his parents have visited once and his brother and sister-in-law have visited, and visitor forms are being sent to others. It makes a difference to be much closer to home.

11 February 2008. Tom Shay has been moved from FCI McKean to Lewisburg Prison, probably for further transportation to another prison.

8 February 2008. Thomas A. Shay is transferred to Lewisburg Federal Prison, in the HOSP-3 unit.

He awaits transfer to another prison. The HOSP-3 unit is the same unit where Alfred Trenkler was housed between Allenwood and Brooklyn, NY, while on his way to Devens, Mass. Tom's address is: Thomas A. Shay, #19193-038, USP Lewisburg HOSP-3, P.O. Box 1000, Lewisburg, PA 17837.

7 February 2008 Alfred Trenkler is is moved to FMC (Federal Medical Center) Devens in Devens, Massachusetts, formerly the site of Fort Devens. Also at FMC Devens is a satellite prison camp for minimum security inmates.

The Federal Medical Center (FMC) Devens is an administrative facility housing male offenders requiring specialized or long-term medical or mental health care. FMC Devens also has a satellite camp housing minimum security male inmates.

FMC Devens is located in north central Massachusetts, approximately 39 miles west of Boston and 20 miles north of Worcester, on the decommissioned military base of Fort Devens.

6 February 2008. Alfred Trenkler has been transfered from Lewisburg to the Brooklyn Metropolitan Detention Center, for probable transfer to another prison.

After his resentencing hearing in April, where his double-life sentence was reduced to 37 years. (His new release date is 7 July 2025, when he will be 69.) Alfred expected to be transferred to a different prison, perhaps with a lower security grade. In January, he was told to pack his bags and he's been waiting since. It's still not confirmed that Lewisburg is his final destination, but it seems likely.

It was hoped that he would be transferred to a prison in New York which is closer to Massachusetts.

25 January 2008. In a 23 January docket entry, Judge Rya Zobel denies Alfred Trenkler's Motion for Extension of Time to file response.

The reason for the denial was that she had already denied the Government Motion because it was moot (see below, at 22 January 2008), and thus there was no need to approve an extension of time for Alfred to respond to a Denied Motion.

25 January 2008. Court files on 22 January Alfred Trenkler Motion for Extension of Time to respond to Government's Motion for Leave to File Late Response.

Alfred asked for more time to respond because his personal belongings are mostly packed in anticipation of a move to another prison and because the legal issues were complex. He did not know, of course, that the Government's Motion had already been denied (See below, at 22 January)

25 January 2008. Tom Shay writes LETTER(barely legible) to Judge Mark Wolf regarding ATF destruction of evidence in Roslindale Bomb case.See REKEYED COPY OF LETTER

1. How can the U.S. Attorney Destroy case evidence while the same case is still in Appeal?

2. How can someone in stature of the U.S. Attorney have authority to conceal evidence or Destroy it while in the attempt to change positions of authority from U.S. Attorney to Director of the ATF, the same Attorney Posts of ____ appeal is based on?

23 January 2008. Tom Shay writes LETTER(rekeyed copy here) to Judge Rya Zobel.
Excerpts from the letter...

"5. The Defendant was recently informed that the U.S. Attorney ordered the Destruction of case evidence. The Defendant wishes to acknowledge from the court, how, during and in open, in progress of two Defendant Appeals, after which it was alleged that DNA evidence was present, a U.S. Attorney and future holder of the Position of another law enforcement agency, could direct to have evidence destroyed which would have proven in conflict of that law enforcement agency.

6. Why was it allowed to have the evidence destroyed while appeals, which could lead to new trials, and the evidence lead to the innocents [sic] of both defendants?"

22 January 2008. Judge Rya Zobel denied on 8 January the Government's Motion for Leave to File Late Response saying that it was "moot" because she had already denied Jack Wallace's Motion to Examine Evidence in an enty in the docket of the case 1:07-cv-11823-RWZ on 12 April 2007. Both docket entries, pasted below, stated that Judge Zobel gave her ORDER's by "endorsed" copies of the Motions denied, but the copies on the District Court's Website (PACER system) do not show the Judge's handwritten endorsement or denial.

(Neither Jack Wallace nor Alfred Trenkler ever received a copy of the 12 April 2007 Denial of their Motion to Examine Evidence. A Court Clerk stated to Jack Wallace on 24 January 2008 that Notices of the Denial were sent to Alfred's previous attorneys, Morris Goldings(who had long since been disbarred and sent to prison and released) and James Sultan.)

The newsletter is an update of courtroom and other activity on behalf of Alfred Trenkler and Thomas A. Shay. Almost all of the news in the newsletter is already on this website.

Alfred Trenkler argues that the Government has wrongfully withheld exculpatory evidence and that wrong has now been compounded by the Government's recent admission that it had destroyed the evidence in the case.

As grounds for this opposition, the government states, as explained below, that this Court lacked jurisdiction to grant the requested relief when the motion was filed, and, in any event, the motion is mooted by the destruction of the trial evidence before the filing of the motion.

he requests. At the time the motion was filed in June 2006, no post-judgment §2255 attack on his conviction (or any other collateral challenge) was before this Court. Accordingly, this Court was without jurisdiction to consider or grant Trenkler's motion.

judgment pending or reasonably anticipated by the government, and ten years after judgment became final for §2255 purposes (on October 16, 1995, 90 days after the affirmance of Trenkler's judgment on direct appeal), and the new trial filing period having long before expired, the United States Attorney's Office authorized ATF to destroy the evidence in this case. The trial evidence Trenkler asks to review was destroyed in October 2005 and February 2006, well before the filing of the instant motion.

3 January 2008. Judge Zobel denies with an ORDER Thomas A. Shay's Motion for Certificate of Appealability (See 26 December 2007, below)

"Petitioner's motion under 28 U.S.C. 2255 was denied because it was filed too lae. Because the decision was mandated by statute and because I cannot discern any room for disagreement, the motion is denied."

2 January 2008. Thomas A. Shay files Motion/Letter with First Circuit Court of Appeals

"PRO SE MOTION/LETTER filed by Appellant Thomas A. Shay requesting copies, new counsel, an extension to file forms and to be absolved of the requirement to send forms to the other parties."

"Here comes the Defendant in the above captioned matter, motioning the court for said certificate, requested by the Court of Appeals. The Defendant needs the certificate to appeal and set forth.

1.) Complexity of the Government's response combined with pro se Petitioner's limited law experience warrants an enlargement of time to study and rebut the Government's response.

2.) Due to required prison work schedule, Petitioner is limited to access to the prison law library and is further limited in the time needed to physically write a rebuttal.

3.) 2255 Application instructed not to discuss cases or laws, Government's response requires Petitioner to rebut lebal arguments necessitating further legal research by Petitioner.

4.) Petitioner is further hampered by the upcoming holiday schedule at which time the law library is also closed.

For these reasons, the Petitioner asks that this court grant this motion to allow Petitioner until January 15, 2008 to file its rebuttal to the Government's Response/Opposition to Petitioner's 2255 Motion.

14 December 2007. Assistant U.S. Attorney Timothy Feeley filed RESPONSE to Alfred Trenkler's Motion to Vacate Judgment.

"The goverment hereby opposes the motion filed by petitioner Alfred W. Trenkler ("Trenkler") in which he invokes 28 U.S.C. 2255 and asks this court to vacate, set aside or correct the sentence imposed on him by this Court over thirteen and one-half years ago, on March 8 1994. Among the many failings of his motion is a fundamental defect: relief under 2255 is not available to a petitioner like Trenkler, who claims factual innocence based on newly discovered evidence, but without related claims of constitutional violations...."

[On page 21, AUSA Tim Feeley notes that the evidence in this case was destroyed by ATF, with the authorization of the U.S. Attorney's office in October 2005 and February 2006. Also, on page 18, AUSA Tim Feeley refers to Alfred Trenkler as the "poster child for Justice Harlan's concerns [1971] of endless post-judgment litigation." Actually, Alfred should be termed the poster child of wrongful convictions and of Justice John Paul Stevens' comment, in the context of DNA exonerations in death penalty cases, "It indicates that there must be serious flaws in our administration of criminal justice."]

12 December 2007. Tom Shay is sending LETTERS to as many people as he can with "SUBJECT: The Innocence of Alfred Trenkler and Tom Shay, regarding the 1991 Roslindale Bomb."

"I'm here to share a story with you, a story not about myself, but about a man who has been in prison for 14 years for a crime he did not commit....

I knew Alfred Trenkler for fewer than 8 hours. Just like any other good citizen, he gave me a ride on the five occasions I saw him: from Boston, back to Quincy, the town we both lived in. Five rides over a period of less than 90 days and a man who had everything in life looking up and going good for him, lost it all for being courteous. One ride was offered, the other four I asked for....

Your time may not be free, but an innocent man has spent 14 years trying to ask you to listen, and if you're willing to listen, it may be the positive power Alfred Trenkler needs to help place into motion the truth and justice he deserves."

10 December 2007. Tom Shay receives Letter from Warden with explanation of his 23-hour a day confinement to his cell in the "Special Housing Unit" (a new euphemism for "super max")

"...You were placed directly in the special housing unit due to information received prior to your arrival indicating you shjould not be placed in general population for safety and security concerns.. The Special Investigative Supervisor has concluded an investigation and has determined you can not be housed in our general population...."

"It is the basis for this appeal that at the time of his plea agreement in 1998 that he was unable, not legally discharge to ... sign any contract which he heard voices and told his lawyers this during the hearing."

26 November 2007. Thomas A. Shay files a "NOTICE OF APPEAL" with the U.S. District Court.

Here comes the defendant, in the mater set forth, a notification to the court, the U.S. Court of Appeals, to start appellate matters.

The Defendant further motions the Court of Appeals to appoint counsel to represent his interests as he is unable and mentally incompetent to do so, a further justification of the appeal itself...."

26 November 2007. Thomas A. Shay writes a LETTER to U.S. District Court Judge Zobel after she dismissed his 2255 Motion to Vacate his 1998 Guilty Plea.

How are people, who are mentally ill, suppose[d] to, or be eligible for legal assistance, which is not corruptible, in essence be able to understand and make the necessary decisions in legal standing, through legal ways and rules, and have the knowledge to act upon those procedures in a timely fashion, but still be in a state of mental discord?"

In form, how is a person deemed, as you put is, 'a sick man' suppose[d] to be able to defend himself if he's irreparable or just living without direction?"

16 November 2007. The U.S. District Court issues JUDGMENT dismissing Tom Shay's Petition to Vacate his 1998 guilty plea.

"In accordance with the Court's ORDER; Judgment is entered dismissing the petition."

"The Defendant makes a legal claim, that in October of 1988 [sic, 1998], he did tell his lawyers via telephone, while they were in presence of family members, mother & two sisters, that he the Defendant is innocent."

The Motion is an amended form of the Motion filed on 19 October 2007 (See below). The grounds are the same, but Alfred added 25 pages in the Appendices. Some of the additional pages related to the source of the two switch contacts found amidst the bomb debris.

9 November 2007. Judge Zobel denies Tom Shay's Motion to Vacate and his Request for Counsel. See her ORDER.

"... On September 19, 2007, Shay filed a “Motion Pro Se for Writ of Habeas Corpus and Motion to set aside 1998 Conviction Through Involuntary Guilty Plea” (#1 on the docket). The government has filed an opposition (#7) and petitioner, a response thereto (#14). Petitioner has also moved for the appointment of counsel (#15).

Second, treating his submission as a motion under 28 U.S.C.§2255, it is too late. The amendments to the statute that became effective in April 1997 provide for a one year limitations period from the date on which the judgment of conviction becomes final. 1 The relevant judgment was entered on November 9, 1998 and, not counting weekend days and holidays, the appeal period expired on November 23, 1998, nearly nine years before the instant motion appeared. While the statute provides for collateral attacks on the sentence on later dates under certain circumstances, e.g., the date on

made retroactive to petitioner's case, none of these extensions apply in this case. See 28 U.S.C. § 2255, Shay simply asserts now and for the first time that his counsel after remand coerced him into pleading guilty and that the plea was involuntary. He cites no reason why this claim could not have been raised within the time allowed. See, e.g., Lattimore v. Dubois, 311 F.3d 46, 54 (1 st Cir. 2002) (strictly enforcing one-year AEDPA limitations period).

because the savings clause of § 2255 cannot save petitioner. This is so because he cannot show that “the remedy by motion is inadequate or ineffective to test the legality of his detention.” That petitioner misses deadlines and time limits does not make §2255 either inadequate or ineffective. See United States v. Barrett, 178 F.3d 34, 50 (3rd Cir. 1999). The motion is denied...."

"...Your honor, I made up so many lies, To Paul Kelly, the AFT, news media and inmates. Whenever I could glean attention, no matter what harm it would cause, I didn't care. I knew Alfred Trenkler for less than 12 hours. He never had a surprise, nor did I buy anything for him at Radio Shack or for anyone else. In October 18th of 1991, it was my mom's birthday. I was at a police officer's house named Scott Stanley who lived in New Bedford. He took me to a mall to buy two cats for my mother's birthday. She had just turned 47...."

5 November 2007. Tom Shay PETITIONS Judge Zobel to appoint counsel for his Motion to Set Aside his 1998 Guilty Plea.

a. The most important claim is that the defendant could not willingly sign a plea agreement while in unfil mental capacity....

d. The [plea] agreement must be vacated. Must be marked null and void, and a new trial granted.

3 November 2007. Judge Zobel allocates time in an ORDER, until 16 November, for Tom Shay to file further papers in his Habeas Corpus Motion. Also in this case, Tom Shay filed a request for a copy of a transcript and he filed a Response to the Government's reply.

Defendant Thomas A. Shay motions the court to set aside sentence and conviction for new trial. To set aside plea agreement.

a. No Defendant with mental instabilities, without a competency hearing, can willfully sign a plea agreement....

Tom Shay was imprisoned in the McKean facility during his original sentence after his 1993 conviction. Since being moved from the Wyatt Detention Center in Rhode Island, he had been advised by the Bureau of Prisons that he was going to McKean. His mailing address is:

19 October 2007. Alfred Trenkler files Habeas Corpus Motion with U.S. District Court to set aside his 1994 Verdict. The Motion was filed in three parts: "Main Document", "Exhibits, Part 1," and "Exhibits, Part 2."

"Defendant Thomas A. Shay motions the court to set aside the sentence and conviction [and] for a New Tiral. To Set aside Plead agreement.

a. No Defendant with mental instabilities, without a competency hearing, can wilfully sign a plea agreement...."

I am writing you to ask you if you would take a few moments to look at the Book and/or website concerning the Roslindale Bomb case. These words and information, had they been available during my trial, may have persuaded you to turn in a Not Guilty verdict. I must tell you that I'm innocent. I have served my sentence in this case and have no reason to lie or anything to gain, except for the truth. My co-defendant in this case is a man who fell through the cracks in a system that failed to prove him innocent, as he truly is. Your opinions and value insights would really help see justice prevail, for a man, Alfred Trenkler, where it has failed.

17 October 2007. U.S. Attorney's Office files RESPONSE opposing Tom Shay's Motion to set aside his 1998 Guilty Plea. Response was docketed on 12 October.

Written by Assistant U.S. Attorney Timothy Feeley, the Response argues that Tom Shay's Motion to set aside his Guilty Plea is time-barred or filed to late, and that his case does not meet the criteria for a exception to those requirements.

15 October 2007 Alfred Trenkler's Motion is docketed for an Extension of time to prepare his Motion to Vacate Sentence. (It was approved by Judge Zobel on 16 October.)

13 October 2007. Discovery that Radio Shack sells the "#275-602" toggle switch in a different package, too: "#275-322."

A major part of the prosecution's evidence in the Roslindale Bomb case was the identification of the toggle switch contacts as coming from a switch sold in a Radio Shack #275-602 package. Recently, it was discovered that two of the same switches are also available in a 3-switch package, #275-322. The third switch is the same heavier duty switch that is packaged individually as a #275-666. Thus, if the toggle switch contacts were purchased at Radio Shack at all, they could have come in a #275-322 package, which would invalidate the importance of the 18 October 1991 receipt for a #275-602. What isn't yet known is whether the #275-322 package was available in 1991, or whether that "#275-602" switch was available as part of any other multiple packages.

Also, it was discovered that the "#275-666" heavier duty switch has 4 identical contacts which seem to be exactly similar to one of the two contacts of the "#275-602."

11 October 2007. U.S. Government files Motion for additional seven days to respond to Tom Shay's Motion to Vacate his 1998 Guilty Plea. Also, Assistant U.S. Attorney Timothy Feeley filed an APPEARANCE for the Government.

Although it appears clear that the petition is timebarred, as it was filed almost nine years after the October 29, 1998 plea and sentencing at issue, because the petitioner has alleged ineffective assistance of counsel, it may be necessary to seek to obtain an affidavit from counsel.

9 October 2007. Version 9 of the manuscript of the book about the Roslindale Bomb case, Perfectly Innocent. in two parts: TEXT and APPENDICES. Also the ENTIRE MANUSCRIPT

1 October 2007. Letter sent to Judge Rya Zobel by Morrison Bonpasse about the publication of the manuscript of Perfectly Innocent.

"It has been sent electronically to Michael J. Sullivan, U.S. Attorney for Massachusetts, and to former prosecutors and defense counsel and the Boston Police Department for the explicit purpose of seeking corrections, suggestions and criticisms in order that future versions, and a possible commercially published version, will be as accurate as possible. The Bureau of Alcohol, Tobacco and Firearms has not yet accepted an e-copy, but I will send or bring a hard copy to them next week. Copies have been sent to the media and have been carefully offered to the families of the victims. In my letter to Mr. Sullivan, which is enclosed, I asked that he conduct an independent review of the entire case, hopefully with the assistance of an outside, independent lawyer or lawyers."

[Judge Zobel responded personally and politely with a LETTER on 9 October that she would not be able to accept a copy of the manuscript.]

29 September 2007. Letter sent to Boston Police Department Commissioner Edward Davis asking him to review the case, beginning with an initial review of three easy-to-ascertain matters:

3. Whether David Lindholm's father went to Thayer and Milton Academies and Brown University.

I'm simply asking for a relatively easy pursuit of three pieces of the truth about this case involving the death of a Boston Policeman. If the information you find is as I've stated in Perfectly Innocent , I hope you would pursue other routes to the truth, and request that the Bureau of Alcohol, Tobacco and Firearms and the U.S. Attorney's Office do the same.

[and two closing paragraphs nearly identical to those of the letter, below, to Michael J. Sullivan.]

27 September 2007. Tom Shay transferred to the Brooklyn, NY, Metropolitan Detention Center.

From there, he will likely be moved to a Federal prison in New York or Pennsylvania, where he has previously served time.

26 September 2007. Letter sent to U.S. Attorney for Massachusetts, and soon the national ATF Director, Michael J. Sullivan, requesting a full review of the Roslindale Bomb Case.

Finally, the Corbett, Foley and Hurley families have suffered terribly because of the Roslindale Bomb explosion in 1991, and they should have had closure to this case long ago. However, such closure cannot be gained at the price of wrongful convictions of two innocent men. The supporters of Alfred Trenkler also want closure. Together with the families of the victims, we can seek the truth, and that truth will bring the closure desired by all.

Again, if you or any member of the Boston Police Dept. have any questions about any statement or fact in Perfectly Innocent please let me know, and it will be addressed and corrected, when necessary. Also, if you know of ANY facts which are not already in the manuscript which are relevant, regardless of where they lead, please let me know. My experience is that policemen often believe they know of much more incuplatory evidence than was presented in court. If you have ANY such evidence, please let me know, and provide it to me in a form that does not compromise the Dept. or whatever confidentiality is necessary. Please know what I've stated to several law enforcement people: If there is credible, undisputed, evidence that Alfred Trenkler had ANY involvement in the building of the Roslindale Bomb, then my pro bono work for him, and in pursuit of the truth in this case, will be done.

26 September 2007. Version 8 of the manuscript of the book about the Roslindale Bomb case, Perfectly Innocent. was posted here, in two parts: TEXT and Appendices, but it's been replaced by Version 9. See above for 9 October 2007.

The book tells how Alfred Trenkler and Tom Shay are perfectly innocent of any involvement with the Roslindale Bomb. Copies are being sent to the media and to the prosecutors and investigators with a simple request: "Please give us your comments and feedback, and especially corrections."

3. I advised my attorneys, Kathy B. Weinman and William H. Kettlewell, that I was innocent of all the charges in the indictment and that my co-defendant, Alfred W. Trenkler, was innocent as well, and that both of our 1993 convictions were wrongful convictions.

4. My attorneys provided me ineffective counsel and coerced me into pleading guilty by:

a. Not seeking and obtaining a psychological determination that I was competent to make such a plea. I had informed my attorneys that I was hearing voices and needed mental health care.

b. Advising me that if I sought a retrial in my case that I could be sentenced to a longer term following the 1993 conviction than the 188 month original sentence, up to life in prison. I was even afraid of a death sentence. This advice violated the Constitutional Prohibition against such an increased sentence upon a retrial as determined by the U.S. Supreme Court in North Carolina v. Pierce 395 U.S. 711 (1969)...."

6 September 2007. First Circuit Court of Appeals Certifies by ORDER, Alfred Trenkler's Habeas Corpus Petition to the District Court.

"... we must determine whether Trenkler has made a prima facie showing of newly discovered evidence that would show by clear and convincing evidence that a reasonable fact finder aware of such evidence would not have convicted him.

Trenkler has alleged under oath new forensic evidence that, if established, could well be substantial (exculpatory statements by a co-defendant are less impressive)....

In this case, we have determined to grant the certification, but without prejudice to summary resolution by the district court if further information required from Trenkler or tendered by the government so warrants.

(Alfred had claimed in his petition, [see 17 July Application, below] that the toggle switch from the Bomb Debris was NOT a Radio Shack toggle switch, and that the Futaba radio receiver had a much shorter shelf life than was claimed by the prosecution at trial. The next step for Alfred is to file a more complete claim with the U.S. District Court, i.e. Judge Zobel.)

20 August 2007. Tom Shay writes a letter to Michele McPhee of the Boston Herald

...As your paper has noted over the years, there have been numerous men who were convicted and sentenced and crudely written about. But in the end, were perfectly innocent...

I did not conspire with anyone, much less Alfred Trenkler who is innocent, to kill or maim anyone, much less two police officers I had never met, nor was any evidence, otherwise untainted evidence, ever given to support those facts...

19 August 2007. Tom Shay writes a letter to the U.S. Attorney for Massachusetts.

...I have also since read reports that by pleading guilty, the plea implicates Alfred Trenkler, who is, in all facts, intents and purposes an innocent man. Although I have never been offered a polygraph test by the Government to show cause and fact of my numerous statements, I am a willing party to take part if only to clear my codefendant, a man who through clear coincidence, got tangled in a spinning web of lies and false evidence...

I trusted the Judgement of my attorneys, to protect me. At that time I also did tell them that I am innocent and also said Alfred Trenkler was innocent also...

At no time did I or Alfred Trenkler conspire to Build, activate, Purchase, or By any other means, In conversation, written or By any communication, or with any Intent, a Bomb, To kill, scare, or serve any other means, or Have anything to do with the explosion at 39 EastBourne Street...

It may Be Too late To Say I am innocent, because laws and statutes don't allow me to Appeal. But I cannot stand by while Alfred Trenkler Hangs in the wind. He IS INNOCENT.

2. The toggle switch contacts from the Bomb debris were not correctly identified at trial as being from Radio Shack, and that they really came from a competitor.

3. The defense's bomb expert, Denny Kline, had observed fingerprints on the electrical tape recovered from the Roslindale Bomb.

4. The actual Futaba receiver model from the Roslindale Bomb was older than was used at the trial for testing, and it consumed batteries in two hours, instead of the 22 hours as stated at his trial.

5. The Government possesses exculpatory evidence of Alfred Trenkler's actual innocence.

29 June 2007. The New England Innocence Project has rejected, in a letter, Alfred's application for legal assistance.

The first reason for declining to accept the case was that Alfred is already represented by a lawyer, Joan Griffin, even though that representation is for the narrow issue of the appeals of the 4 April 2007 re-sentencing. The second reason was that the New England Innocence project only accepts cases where DNA is likely to be present which can determine the innocence of the claimant to wrongful conviction. While there may be DNA amidst the layers of electrical tape found with the bomb debris, it's not a typical source of DNA such as blood or semen. It was thought that the New England Innocence Project was among those regional and state Innocence Projects which are now accepting non-DNA cases, but it is not.

The NEIP will now be evaluating whether to accept his case. Since its creation, the New England Innocence Project has contributed to the exoneration of 10 New Englanders.

They are: Marvin Mitchell, 1997; Neil Miller, 2000; Eric Sarsfield, 2000; Rodriguez Charles, 2001; Eduardo Velasquez, 2001; Kenneth Waters, 2001;

Scott Hornoff, 2001; Dennis Maher, 2003; Stephan Cowans, 2004; Anthony Powell, 2004.

22 June 2007. U.S. Bureau of Prisons calculates new release date for Alfred Trenkler: 7 July 2025.

See the Bureau of Prisons "Inmate Locator" utility for the bare information it displays about Alfred Trenkler.

As described by several Boston Herald articles in the "Links to Articles" in early June, the U.S. Marshals and Massachusetts State and local police are seeking Tom Shay. The six warrants for his arrest are:

As Tom Shay is needed for the complete understanding of the truth about the Roslindale Bomb case, it is hoped that he will turn himself in. He should contact the U.S. Marshal's office at 617-748-2500 and ask for the "Warrant Squad".

There, he will receive his quarterly pacemaker checkup and medical attention for a wrist he injured when he fell on a wet floor at the Brooklyn Metropolitan Detention Center.

28 May 2007. Alfred Trenkler remains in Metropolitan Detention Center in Brooklyn, en route back to Allenwood Federal Prison in White Deer, PA.

Alfred left the Wyatt Detention center in a van on Thursday morning, 24 May and rode to Brooklyn. As inter-prison vans do not usually travel over weekends, he is likely to remain there at least until Tuesday, 27 May.

I cannot put into words the feelings I had when I heard that my friend and former Milton neighbor, _____ _________, said from his meetings with you and what you said about this horrid case.

I understand you and Morrison are meeting and e-mailing each other. I read your last e-mail when Morrison and _________ came to visit me - God bless you. I'm admittedly not the most religious man, but I do pray to God that this case will be solved.

It is through people such as yourself, Morrison and _________ that the truth can be brought to the surface so that the innocent may walk free and the guilty rightfully pay for their misdeeds or mistakes.

From all that I have read concerning this case for anyone to die or be injured, I believe this bomb was simply meant to be found and documented to bolster an otherwise failing lawsuit. But when the bomb exploded, resulting in death and injuries, that was no excuse to blame others and to stand by and watch others pay for their mistakes.

You can only begin to imagine what it is like being named a murderer by a town, a city I loved, lived and worked in for many years and what it has done to me and my family both spiritually and financially.

Thanking you for your interest and help in this case is an understatement. I hope to be able to thank you in person, in freedom, unencumbered by this atrocity for which I am truly innocent of.

Any question you have for me, please ask them, either by writing me directly or through Morrison or ________. Unfortunately "we" in prison do not yet have access to e-mail, so I am limited to the lost art of writing by snail mail or using the phone.

Please say hello to "Chip" Brown for me. I used to visit him at the Huntington Ave. Station next to Wentworth Institute, (where I attended college), as well as his late father's house in Quincy.

You know, it is a bit ironic, when I was working on the Christian Science Monitor microwave installation on Huntington Ave. in September and October of 1991, Chip Brown's son and I went to Arson headquarters on Mass. Ave. to see Paul Davies to hire a police detail for a helicopter lift. (Ask Chip about this one, he flew in the helicopter back to Wiggins Airways in Norwood!)

Well, my new friend, I'm going to close for now, hopefully soon this horror I am going through now will soon be a bad nightmare.

24 May 2007. Alfred has finally begun the journey back to Allenwood Federal Prison.

Since the 4 April hearing before Judge Zobel, Alfred has been waiting at the Donald Wyatt Detention Center in Rhode Island for transportation back to Allenwood Prison. In an odd way, it's "home" for him. The first day, he was taken to a facility in Brooklyn from which he called his parents, Jack and Jo Wallace. Hopefully, tomorrow, he will be back in Pennsylvania.

"I am a retired, non-practicing lawyer, formerly of Massachusetts and learned about the Alfred Trenkler case when his half-brother, David Wallace, called me in March 2006. His original goal was a website, which was established shortly thereafter as www.alfredtrenklerinnocent.org, but the case required a Campaign for Justice for Alfred Trenkler. Fortunately, Alfred had already written to you about his sentence, and fortunately, you responded positively. Thank you. After 15 years of missteps, the case may now be moving toward truth and justice.

While posting the records for the case onto the website over the past year, it became increasingly clear to me that both Alfred Trenkler and Thomas A. (Tom) Shay were wrongly convicted due to a complex combination of assumptions, coincidences, mistakes and legal or judicial rules. It could have been called a "Perfect Legal Storm."...

17 April 2007. U.S. Attorney's office files "Notice of Appeal" of Judge Zobel's 4 April Resentencing Alfred Trenkler to 37 years in prison, from his original sentencing date of 8 March 1994.

Notice is hereby given that the United States of America (the respondent in the above-captioned case) hereby appeals to the United States Court of Appeals for the First Circuit from the district court's (Zobel, J) February 20, 2007 Memorandum of Decision and Order, its April 4, 2007 order rejecting the government's opposition to Alfred Trenkler's petition for a writ of coram nobis and motion for reconsideration, and from its April 12, 2007 Judgment (entered on the docket on April 12, 2007. Respectfully submitted Michael J. Sullivan, by Dina Michael Chaitowitz, Chief of Appeals.

Petitioner Alfred Trenkler submits this supplemental reply, primarily to address the Government's erroneous contention that the Court's sentencing error does not justify grant of the writ of coram nobis because the current version of section 844 (as amended in 1994) supposedly would not offend the ex post facto clauses of the Constitution if applied retroactively to Mr. Trenkler. Mr. Trenkler also briefly responds to the Government's indefensible rationale for its continuing bad faith in the conduct of this action.

In the event that the Court grants the coram nobis petition in Alfred W. Trenkler v. United States, the United States respectfully moves this court to say any resentencing hearing in United States v. Alfred W. Trenkler, pending the resolution of any appeal by the government (or, in the alternative, for 45 days.)

"Trenkler asserts that the government's opposition was filed in 'bad faith' [Motion fo Strike page 2] and that the Court should not only 'strike it in its entirety,' [page 8] but also 'admonish' the government that it has an obligation to do justice. While we believe this hyperbole is unhelpful to the Court with respect to the legal issues it must resolve, we feel we must respond to avoid any confusion about the government's position...

The United States Attorney is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartiall is a compelling as its obligation to govern at all; and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the twofold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor -- indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. Berger v. United States , 295 U.S. 78, 88 (1935). Society wins not only when the guilty are convicted but when criminal trials are fair; our system of the administration of justice suffers when any accused is treated unfairly ..."

Filed by Assistant U.S. Attorneys Randall Kromm, Dina Michael Chaitowitz, Timothy Feeley and James Lang, on behalf of U.S. Attorney Michael Sullivan, the Motion begins by saying that "Trenkler is not entitled to the relief he seeks. Trenkler's petition establishes no valid basis for merits review of his long-delayed claim."

26 February 2007 Boston Police Commissioner Edward Davis sends Memo to Boston Police Department regarding Resentencing of Alfred Trenkler.

On October 28, 1991, Officer Jeremiah Hurley, Jr. was killed and Officer Frank Foley was seriously injured while responding to a call for a suspicious device under a vehicle in Roslindale, On November 29, 1993, Alfred Trenkler was convicted by a jury in U.S. District Court for receipt of explosives, attempted destruction of property by explosives and conspiracy for his role in this tragic incident. The jury was dismissed and he was sentenced by a judge to two concurrent life terms for the explosives counts and sixty months concurrent for the conspiracy count.

On February 20,2007, U.S. District Court Judge Rya W. Zobel allowed a petition filed by the Defendant, and ordered a re-sentencing hearing on April 4. The judge stated that she will vacate his two life sentences at that time. Trenkler remains in federal custody pending the outcome of the re-sentencing. The stated basis for the Court's ruling was a statute in existence at the time of sentencing, which only authorized the imposition of life sentences by the jury, not by a judge. As the jury had been dismissed and the trial judge sentenced the defendant, Judge Zobel found that the life sentences were illegal.

We have been in contact with both the Hurley and Foley Families and offered the Boston Police Department's continued support and assistance to them in this difficult time, I assured them that the members of this department will continue to stand with them to ensure justice is obtained. It frustrates me that the persons responsible for the murder of Officer Hurley continue to victimize the victims and their families and refuse to take responsibility for their crimes. We will work hand in hand with the United States Attorney's office to ensure that Alfred Trenkler is held accountable for his crime. I will keep you updated on any developments prior to re-sentencing.

[Alfred Trenkler does not accept responsibility for any part of the Roslindale Bomb, as he was absolutely not involved in any way. The case is unresolved and continues to haunt the victims' families because justice was not obtained for them in 1993. Instead, two innocent men were convicted, and at least one real Bomb Maker was never apprehended and never held accountable for his crimes.]

22 February 2007 Judge Zobel denied the U.S. Attorney's Motion for Stay, but allowed Government leave to file Opposition to her 20 February Order by 7 March 2007. See her 22 February 2007 Order

22 February 2007 Responding to the U.S. Attorney's Motion, Alfred Trenkler's attorney, Joan Griffin filed an "Opposition to a Stay"

20 February 2007. Good News for Alfred! His sentence will be vacated and he will be coming to Boston on 4 April for resentencing.

Judge Rya W. Zobel : ORDER entered. MEMORANDUM OF DECISION AND ORDER; Accordinly, Trenkler's petitioner is GRANTED and the concurrent life sentence imposed by this court on 3/8/94, will be VACATED. The U.S. Marshal Service shall deliver petitioner to this court on April 4, 2007, at 2:00 p.m. for re-sentencing.(Urso, Lisa) (Entered: 02/20/2007) See FULL 11-PAGE DECISION BY JUDGE ZOBEL

26 January 2007 Judge Zobel issued an ORDER to the U.S. Attorney's Office in Boston to respond to the plan to vacate Alfred Trenkler's sentence on 4 April 2007 and resentence him, according to the statutory authority at the time. She required a response by 2 February. There was no response by the U.S. Attorney's office.

The issue was Alfred Trenkler's claim that his 8 March 1994 sentence to two life terms was illegal because it was done by Judge Zobel without the required recommendation of the jury. The U.S. Attorney's office did not respond.

21 August 2006. Letter written, but unpublished, to the Editor of the Boston Globe.

In response to the Sunday, 20 August 2006 editorial in the Boston Globe, ["A Salve for Justice", see "Links to Articles"], Morrison Bonpasse wrote:

Thank you for your editorial, "A salve for injustice", but we need more than a salve. In addition to the 23 overturned convictions that you referenced, there are many more wrongly convicted people in Massachusetts prisons whose cases must be carefully examined not just for legal error, but for truth and justice.

The Federal Government should establish such a Commission, too, and one case to examine is that of Alfred Trenkler who was wrongly convicted in Boston's Federal Court in 1993 of building a bomb which killed Boston Police Officer Jeremiah Hurley, and maimed fellow officer Francis Foley. Alfred Trenkler has now served over 13 years of his life sentence, and he had absolutely no involvement in the crime. Zero. As President Bush said in his 2005 State of the Union address, we should "make sure that we're absolutely certain about the innocence or guilt of a person accused."

7-10 August 2006 Visitors to Website increased after the Front Page Article in The Patriot Ledger, Quincy.

From 9 June 2006 until 2:30 p.m. on Monday, August 7, there had been 234 separate visitors to this website. On the 7th The Patriot Ledger, of Quincy, Mass., published its front page article about Alfred's case, via an exclusive interview with Thomas A. Shay.

By 9:30 that evening, the usage had grown by 40 to 274, and by the end of Tuesday, 8/8, it had increased another 30 to 304. By 9:30 on Thursday, it stood at 330, for an increase of almost 100 over three days. (The count rose to 400 on 20 August 2006, 450 on 29 August, 500 on 13 September, 550 on 22 September, 600 on 5 October, 650 on 16 October, 700 on 26 October, 750 on 2 November and 800 on 14 November, 850 on 18 November and 900 on 27 November.)

7 August 2006. Tom Kunhardt, friend of Alfred Trenkler, writes letter to the editor of the Quincy Patriot Ledger, in response to that paper's excellent article by Dennis Tatz about the case. (See Links to Articles.)

Thank you for your article regarding Alfred Trenkler's innocence. I have been following the case for the past several months. I am convinced more than ever of Alfred's innocence. I have read court documents and other information at www.alfredtrenklerinnocent.org and now, thanks to you, the recent claim from Thomas Shay Jr. that Alfred Trenkler is innocent.

I attended a private junior high school in Massachusetts with Al, and although I have not seen him since then, I can attest to his fine moral character. I believe him. I also believe justice has not been served, and the wrong man is behind bars.

It must be difficult for the family of the officer killed, as well as injured officer to have this issue resurface 15 years after this horrible incident. My heart goes out to them. However, it pains me to think of my classmate in jail for life for a crime he did not commit, while the real killer(s) is free.

Please continue to follow this case and publish the developments you find. Perhaps with your help and the help of your editor, the case can be reopened, DNA and other evidence can be examined, and the true killer can be brought to justice.

7 August 2006. Morrison Bonpasse, friend of Alfred Trenkler, writes letter to the Editor of the Quincy Patriot Ledger, in response to that paper's excellent article by Dennis Tatz about the case. (See Links to Articles.)

Thank you for your groundbreaking article by Dennis Tatz about the Alfred Trenkler case.

Not only was Alfred a former Quincy resident and a Wentworth Institute graduate, but he is also a graduate of Thayer Academy in the class of 1975.

We are hopeful that other Thayer alumni will rally to Alfred's cause, and at least visit his website at www.alfredtrenklerinnocent.org, which presents thousands of pages of documents in the interest of truth about the case. Then join our Campaign for Alfred Trenkler. He's not campaigning for office, he's campaigning for the truth; and the truth must set him free.

2 August 2006. Mailbox change for Alfred Trenkler Innocent Committee. New address: P.O. Box 870111, Milton Village, MA 02187-0111.

This website began in mid-April, and thus has seen three full months of usage: May, June and July. Below are some usage data.

(Black and White 580 KB)- Filed by Jack Wallace, this Motion includes the crucial fact that the contacts for the switch for the 1991 Shay bomb