Alfred Trenkler Innocent Committee

Transcripts, Briefs, Court Decisions, other Documents

Most of the documents here are scanned Adobe .pdf files (printed data file) through which you cannot do word searches with your browser "Edit" and "Find" functions. The two major exceptions are the 2,500+ page searchable collections of the transcripts for the Alfred Trenkler trial and the Thomas A. Shay trial, below.

As each is a .pdf file, we cannot edit it, but if you see mistakes or garbled words, please let us know by email to the Alfred Trenkler Innocent Committee and we will post the Errata or Edits on this page.

There are three dockets for three case numbers for Alfred Trenkler in the U.S. District Court. (The six for Thomas A. Shay are listed after the Trenkler cases on his web page.)

The various steps in the appeals by both men since 2007 are listed in the

"Latest News" of this website.

1. 1:92-cr-10369-RWZ-2, U.S. V. Trenkler, filed 16 Dec 1992 and closed 8 March 1998.

2. 1:92-cr-10369-EFH, US. v. Shay, filed 16 Dec 1992 and closed 8 May 1994. As the case v. Alfred Trenkler and the case v. Thomas A. Shay began as a case against both men jointly, documents from the other case are sometimes listed in the docket for each. (This case is also listed below as a Thomas A. Shay case.

3. 1:99 cv 10074 RWZ Trenkler v. USA, filed 7 Jan 1999 and closed 18 April 2000. This case began with Trenkler's Motion to vacate his sentence pursuant to 28 USC 2255. The last entry in the docket for that case was an Order by the First Circuit Court of Appeals on 7 December 2001.

Pre-Trial, and In-trial Motions and orders

Application by Asst US Atty Paul Kelly to place pen register device to register numbers dialed or pulsed to or from John Cates' phone number. Application was approved for 60 days by Order of Magistrate Marianne Bowler at 3:05 p.m. on 16 January 1992. (The Order was extended on 13 March. See below.) Nearly identical Applications were filed and Orders issued for: ARCOMM, Thomas L. Shay, and Mary Flanagan.

Application by Asst US Atty Paul Kelly to place trap and trace device to register numbers dialed or pulsed to John Cates' phone number. Application was approved for 60 days by Order of Magistrate Marianne Bowler at 11:05 a.m. on 17 January 1992. (Order was extended on 13 March. See below.) Nearly identical Applications were filed and Orders issued for: ARCOMM, Thomas L. Shay, and Mary Flanagan.

Second Affidavit by Jeffrey S Kerr, Special Agent 12 February 1992

ReApplication by Asst US Atty Paul Kelly to place pen register device to register numbers dialed or pulsed to or from John Cates' phone number. Application was approved for additional 60 days by Order of Magistrate Marianne Bowler on 13 March 1992. (Order was extended on 13 May. See below.) Nearly identical Applications were filed and Orders issued for: ARCOMM, Thomas L. Shay, and Mary Flanagan.

ReApplication by Asst US Atty Paul Kelly to place trap and trace device to register numbers dialed or pulsed to John Cates' phone number. Application was approved for additional 60 days by Order of Magistrate Marianne Bowler . (Order was extended on 13 May. See below.) Nearly identical Applications were filed and Orders issued for: ARCOMM, Thomas L. Shay, and Mary Flanagan.

Govt Motion for an order postponing service of notices to interceptees of calls or voicemails to Alfred Trenkler 21 April 1992 Affidavit by Agent Jeff Kerr in support of Govt Motion for an order postponing service of inventory notices to interceptees

ReApplication by Asst US Atty Paul Kelly to place pen register device to register numbers dialed or pulsed to or from John Cates' phone number. Application was approved for additional 60 days by Order of Magistrate Marianne Bowler on 13 May 1992. (With this order, the total number of days was 180.) Nearly identical Applications were filed and Orders issued for: Thomas L. Shay, and Mary Flanagan, but apparently not for ARCOMM, unless copies were misfiled.

ReApplication by Asst US Atty Paul Kelly to place trap and trace device to register numbers dialed or pulsed to John Cates' phone number. Application was approved for additional 60 days by Order of Magistrate Marianne Bowler. (With this order, the total number of days was 180.) Nearly identical Applications were filed and Orders issued for: Thomas L. Shay, and Mary Flanagan(Order only), but apparently not for ARCOMM, unless copies were misfiled.

Govt Motion for an order postponing service of notices to interceptees 15 July 1992. Second Affidavit by Agent Jeff Kerr in support of Govt Motion for an order postponing service of notices to interceptees 15 July 1992

Govt Motion for an order postponing service of notices to interceptees 15 October 1992 3rd Affidavit by Agent Jeff Kerr in support of Govt Motion for an order postponing service of notices to interceptees Judge Harrington Order to postpone notifying interceptees 19 October 1992

Order by Judge Harrington that interceptees be notified of wiretaps 22 December 1992 Letter Memo from US Attorney to interceptees (see following list) of wiretaps 22 December 1992 List of Persons or organizations whose phones were intercepted.

Transcript for Detention Hearing for Alfred Trenkler 18 December 1992

Memorandum and Order by Magistrate Bowler on Government's Motion for Detention 24 December 1992 Trenkler was ordered jailed until trial.

Trenkler Motion to revoke Magistrate detention order and for oral argument 29 December 1992 Affidavit of Terry Segal in support of Trenkler Motion to revoke detention order 29 December 1992

Defendant Alfred W. Trenkler's Motion for discovery of all exculpatory material 6 January 1993

Government Memorandum in opposition to Trenkler Motion to revoke detention 11 January 1993 Affidavit by AUSA Paul Kelly in support of Government Opposition to revoking detention 11 January 1993

USDC Judge Zobel Decision upholding Magistrate's Detention order 13 January 1993

Defendant Alfred W. Trenkler's Motion for discovery for further specific exculpatory material 19 January 1993

Defendant Alfred Trenkler's Rule 7(f) Motion for bill of particulars 19 January 1993

Defendant Alfred Trenkler's Memorandum in support of Motion for Bill of Particulars 19 January 1993

Government Consolidated Motion to Defendant Trenkler's discovery motions 25 January 1993

Final Status Report by US Magistrate Marianne Bowler re detention of Trenkler 26 January 1993

US Magistrate Bowler Memo and Order on Pretrial Motions 26 January 1993

Government Motion to order Ch 56 to produce videotape of Marinella - Shay interview with proposed order 28 January 1993 Memorandum of Law in support of Government Motion for Ch 56 videotape

Trenkler Motion for Magistrate reconsideration of 26 January pretrial motions order 2 February 1993

Affidavit of Terry Segal in support of motion for specific exculpatory evidence 2 February 1993

Alfred Trenkler Motion for Additional time for pre trial motions 5 February 1993

Alfred Trenkler motion, assented to by US Atty, for additonal week to file additional motions 12 February 1993

Defendant Alfred Trenkler Motion for Relief from Prejudicial Joinder and Severance, and Defendant Alfred Trenkler Memorandum of Law in Support of Motion for Relief from Prejudicial Joinder and Severance, and Affidavit of Scott Lopez in support of Defendant Alfred Trenkler Motion for relief from prejudicial joinder and severance, all filed on 12 February 1993

Alfred Trenkler Motions to Suppress: all filed on 12 February 1993:

Evidence from search of ARCOMM;

Evidence from search of John Cates' and Alfred Trenkler's apartment;

Evidence from Search of parents' garage;

Evidence seized without a warrant on 5-6 November 1991;

Statements of 31 January 1992;

Statements of 4 February 1992;

Motion to Suppress Statements of 5 November 1991 ;

US Magistrate Bowler order on reconsideration of discovery orders 15 February 1993

Trenkler motion to call Asst US Attorney Paul Kelly as Defense Witness at trial 15 February 1993

Affidavit of Atty Martin Cosgrove, formerly atty for Alfred Trenkler 10 February 1993, filed on 17 February 1993

Affidavit by Alfred Trenkler in support of Motion to Suppress 12 February 1993, filed on 17 February 1993

Affidavit by John Cates in support of Motion to Suppress 17 February 1993

Trenkler Motion to resonsider Magistrate discovery order of 15 February 1993 18 February 1993

Government Motion to continue trial date to 17 May 17 February 1993

Trenkler Response to Government Motion to continue trial to 17 May 1993 25 February 1993

Government combined opposition to defendant Trenkler's several motions to suppress 8 March 1993

Judge Rya Zobel Order to separate the trials for Tom Shay and Alfred Trenkler. They were scheduled tentatively for 17 May 1993 and 28 June 1993. 8 March 1993

Government Response to Trenkler's motion for relief from Prejudicial Joinder 16 March 1993

Trenkler Motion for Speedy Trial or revocation of detention order 17 March 1993

Judge Zobel opinion denying motion to compel Ch 56 production of Marinella/Shay tape 2 April 1993 See same opinion as reported in Westlaw's 21 Media Law Reporter 1415

Trenkler Motion for Leave to distribute juror questionnaire 21 April 1993

Day One of evidentiary hearing on Motions to Suppress with atty Matt Feinberg and Asst U.S. Atty Paul Kelly 13 May 1993

Day Two of evidentiary hearing on Motions to Suppress 14 May 1993

Day Three of Evidentiary Hearing on Motions to Suppress 17 May 1993

Government Response to Trenkler request to distribute juror questionnaire 24 May 1993

Trenkler reply to Government response to Trenkler Motion for juror questionnaire 25 May 1993

Government Demand for Notice of Alibi 27 May 1993

Government Motion to compel disclosure of evidence by defendant 27 May 1993

Motion by Alfred Trenkler for Issuance of Subpoenas to ARCOMM and the Christian Science Church 28 May 1993 Memorandum of law in support of Motion for subpoenas and Affidavit of Jim Karolides private investigator in support of Trenkler Motion for Subpoenas

Trenkler Supplemental Motion for issuance of subpoenas 2 June 1993

Trenkler response to Government motion to compel disclosure by defendant 4 June 1993

Defendant Alfred Trenkler's Response to Government demand for a notice of Alibi 8 June 1993 and subsequently, Defendant Alfred Trenkler's Supplemental Response to Government demand for a notice of Alibi (date cannot be read)

Government reply to defendant's notice of Alibi (Date uncertain)

Joint motion by both defendants to dismiss multiplicitous Counts 11 June 1993 Defendants Trenkler and Shay Memorandum in support of Motion to dismiss multiplicitous counts 11 June 1993

Supplemental Affidavit of Denny Kline re 1986 device 15 June 1993

Letter from Paul Kelly to both defendants attys responding to Motion to dismiss multiplicitous counts 17 June 1993

Affidavit of Denny Kline in support of motion to exclude evidence relating to 1986 device 18 June 1993

Defendant Alfred Trenkler Motion for Subpoena for Christian Science records 22 June 1993

Motion of Defendant Trenkler to require the Government to present a proffer of proof on coconspirator declarations 23 June 1993 Trenkler Memorandum in support of motion to require proffer on coconspirator declarations 23 June 1993

Motion by Alfred Trenkler for order compelling Christian Science Church to produce documents 23 June 1993

Affidavit of Albert W. Gleason, explosives expert retained by Government 25 June 1993

Judge Zobel opinion to suppress Identification of Thomas A. Shay by Dwayne Armbrister 29 June 1993 See Westlaw report of opinion at Westlaw 1993 WL 263492 D Mass

Trenkler Motion to compel ARCOMM Richard Brown to produce documents 8 July 1993

Scott Lopez Affidavit in Opposition to Government Motion in limine to admit evidence of 1986 device 19 July 1993

Trenkler Motion to establish a new trial date 22 July 1993

Trenkler Motion for compel production of some discovery 6 August 1993 denied 16 August 1993

Terry Segal letter to Court, one of several pages requesting change in release terms for Alfred Trenkler 8 August 1993

Judge Zobel Order Scheduling of Trenkler trial for 25 October 1993 at 9 a.m. 12 August 1993

Segal motion to continue Trenkler trial until 9 November 1993 12 August 1993 (denied by Judge Zobel 16 August 1993)

Defendant Motion to continue trial date from 25 October 1993 to 9 November 1993 12 August 1993

Day 4 of Hearing on Motions to suppress 1 September 1993 (See Day 1 (13 May 1993), Day 2 (14 May 1993) and Day 3 (17 May 1993) above

List of Govt Suppression Hearing Exhibits undated but given date of 2 Sept 93 from AUSA Kelly letter 2 September 1993 Actual Govt Exhibits for Motion to suppress hearing: 1, 2, 3, 4, 6, 7, 14, 15, 18, 21, 22, 23, 24, 26, 27, 29. 2 September 1993

Alfred Trenkler Motion to call AUSA Paul Kelly as Witness 15 September 1993

Memorandum of Law by Alfred Trenkler Defense in support of Motions to Suppress 24 September 1993

Government Opposition to defendant's motion to call Paul Kelly as witness 27 September 1993

Transcript of Hearing on various Motions including Kelly testimony 29 September 1993

Government Memorandum of Law in support of motion in limine to admit evidence of 1986 device First 32 (of 33) pages and briefly annotated by Alfred Trenkler __ October 1993

Govt. Memorandum in Opposition to Defendants motions to suppress 4 October 1993

Second Affidavit of Denny Kline in support of Alfred Trenkler Motion to exclude all evidence related to the 1986 device 10 October 1993

Defendant Alfred Trenkler Motion to file memo of law in excess of 20 pages to respond to Government 33 page memo of law 15 October 1993

Defendant Alfred Trenkler Motion in opposition to Government Motion in limine to admit evidence of 1986 device 15 October 1993

Defendant Alfred Trenkler Memo in Opposition to Government Motion In Limine to admit evidence of 1986 device 15 October 1993

Government List of Prospective Witnesses, as referenced in Letter from Paul Kelly to Terry Segal 17 October 1993

Defendant Alfred Trenkler Motion to suppress statements allegedly made to David Lindholm 18 October 1993

Trenkler Motion for jury view of crime scene 18 October 1993 (Denied 22 October 1993)

Motion to Quash Subpoena for Tom Shay to testify at Trial of Alfred Trenkler 18 October 1993 (also posted with U.S. Thomas A. Shay trial documents)

Govt Motion in limine to exclude Trenkler improper evidence page 1 of more 18 October 1993 (approved by Judge Zobel 22 October 1993)

Further Motion to quash Subpoena for Thomas A Shay and Motion to Quash Subpoena for Francis O'Rourke 19 October 1993

Defendant Alfred Trenkler Motion for voir dire hearing to determine aspects of David Lindholm's statements 20 October 1993

Govt motion to quash subpoenas to Bureau Of Prisons and US marshals 21 October 1993 (allowed 22 October 1993)

Defendant Alfred Trenkler's Motion to conduct examination of jurors in a manner likely to expose juror bias (20 October 1993) together with supporting Affidavit by expert James Bergund. See James Bergund, separately, as well. One concern of Alfred Trenkler's legal team was potential bias by potential juror members against homosexuals. Apprehension of such bias was one reason why Alfred was advised by his lawyers not to testify in his own defense.

Transcript of the 22 October 1993 hearing in the Motion to Suppress This hearing covered arguments about the admissibility of several pieces of evidence, including statements by David Lindholm, who had claimed to have talked, within three days, with Thomas A. Shay and Alfred Trenkler, and received Trenkler's admission of culpability. Also, the hearing covered the admissibility of the ATF EXIS database. In particular, see Steven Sheid testimony on the EXIS system and 1986 device pp 38 - 77 See also the 14 December 1992 Memo from Steve Sheid to Asst. U.S. Attorney Frank Libby.

Government list of 82 Prospective witnesses annotated by defense 22 October 1993

Alfred Trenkler Motion in limine to exclude 404b evidence at trial 22 October 1993

Defendant Alfred Trenkler Memorandum of Law in support of Motion in Limine to exclude 404b evidence 22 October 2003

Alfred Trenkler Motion to preclude Government from Mentioning Statements by Thomas A Shay in its opening 25 October 1993

Alfred Trenkler Motion to preclude Government from mentioning alleged sexual relationship between Alfred Trenkler and Thomas A. Shay 25 October 1993

Alfred Trenkler Motion to preclude Thomas Waskom from demonstrating the manner in which the 1991 bomb was designed to explode. 25 October 1993

Memorandum of Decision: Judge Zobel decision denying Defendant Alfred Trenkler's motion to suppress Ed Carrion's out of court identifications 25 October 1993 As reported by Westlaw at 1993 WL 443944 (D. Mass.)

Defendant Alfred Trenkler Motion in limine to exclude all statements of Thomas A Shay at Trial 29 October 1993

Government Motion in limine to admit in evidence Thomas A Shay Statements against penal interest 1 November 1993

Government memorandum of law in support of Motion in limine to admit in evidence Thomas A Shay Statements against penal interest 1 November 1993

Defendant Alfred Trenkler Motion in Opposition to Government Motion to admit statements of Thomas A Shay 3 November 1993

Defendant Alfred Trenkler Memo in Support of Motion in Opposition to Government Motion to admit certain statements of Thomas A. Shay at trial 3 November 1993

Letter to Judge Zobel from Asst. U.S. Attorney Paul Kelly re issue, among others, of co-conspirator testimony 3 November 1993

Alfred Trenkler Motion to exclude admission of EXIS computer evidence 8 November 1993

Alfred Trenkler Motion in limine to exclude testimony by Michael Coady which relates to 404b evidence previously excluded by court 8 November 1993

Government Opposition to Defendant's motion to exclude admission of EXIS evidence 9 November 1993

Alfred Trenkler Motion for leave to present testimony of Maurice R Flynn pursuant to Fed Rule of Evidence 613 to impeach testimony of Richard Brown 9 November 1993

Alfred Trenkler Motion to strike testimony of Michael Coady 12 November 1993

Alfred Trenkler Motion to strike signature testimony of Thomas Waskom with accompanying exhibits 14 November 1993

Defense documents - internal

Summary of characteristics of 86 and 91 devices and testimony (by unknown author(s))

Summary of Witness Trial Testimony (prepared by defense)

Letters from Government to Trenkler Defense Counsel

Paul Kelly letter to Terry Segal summarizing Jencks and other pretial discovery material 17 October 1993

Letters from Trenkler Defense Counsel to Government

Trial Transcripts of U.S. v. Alfred W. Trenkler, 1993

Collected 2432 Transcript pages for entire 21 day trial in a Searchable Adobe File. The Day-by-Day transcripts below are Adobe files which are not searchable by word.

Day 1, 25 October Jury Selection

Day 2, 26 October End jury selection.

Day 2, 26 October Begin trial.

Paul Kelly, operning statement, 2-2 to 2-26

Terry Segal, opening statement, 2-26 to 2-39

Witnesses:

Robert P. Maloney, Boston Police Dept., retired, 2-39 to __.

Denise Corbett, Boston Police Dept.

Day 3, 27 October

Witnesses:

Thomas Creavin, Boston Police Dept.

James McKernan, 36 Eastbourne Street, neighbor

Daniel Boeh, ATF Special Agent, Bomb and Arson

Christopher Porecca, ATF Agent, specialist in firearm,

explosive and arson investigations. (3-129 to 3-164)

Day 4, 28 October

Hearing regarding motions on evidence (4-1 to 4-22)

Witnesses:

Stephen Adams, Sales Manager for Austin Powder (4-1 to 4-15)

Cynthia Wallace, ATF Forensic Chemist

Day 5, 29 October

Witnesses:

Cynthia Wallace (cont'd),

Thomas Waskom, 5-44 to 5-133; ATF Explosives/Technology

branch

Day 6, 1 November

Witnesses:

Thomas Waskom, 6-5 to 6-40; (cont'd),

Thomas Leroy Shay, Father of Thomas A. Shay

Day 7, 2 November

Witnesses:

Thomas Leroy Shay (cont'd),

Christopher Shapley, Consultant in Automotive Engineering. (7-43 to 7-

89)

Day 8, 3 November

Colloquy with Thomas A. Shay regarding question of his testimony

and consequences for refusal to testify (8-2 to 8-17)

Witnesses:

Miller Thomas, Boston Police Dept., Detective

Wayne Armbrister, Radio Shack Employee

Robert Evans, inmate at MCI Bridgewater

Alan Pransky, Attorney for Thomas L. Shay

Day 9, 4 November

Witnesses:

Alan Pransky (cont'd),

Larry Plant, Inmate at A Sober Home

John Cates, Roommate of Alfred Trenkler

Richard Brown, Trenkler Business Partner in ARCOMM

Day 10, 5 November

Witnesses:

Richard Brown (cont'd),

Edward Carrion, Computer Network Designer/Friend of

Thomas A. Shay

Nancy Shay, mother of Thomas A. Shay, and former wife of

Thomas L. Shay.

Paul F. Nutting, Claimed observations of Thomas A. Shay and

Alfred Trenkler, together.

Thomas D'Ambrosio, 10-97 to 10-170; ATF Special Agent

Day 11, 8 November

Witnesses:

Thomas D. Ambrosio, 11-2 to 11-10; (cont'd),

Michael Coady, Acquaintance of Alfred Trenkler. (See Alfred Trenkler's

explanation of his brief relationship with Michael Coady.)

Dennis Leahy, 11-26 to 11-99; ATF Arson Squad

William Lanergan, 11-99 to ; Quincy Police detective

Robert F. Craig, former roommate of Alfred Trenkler

Day 12, 9 November

Witnesses:

Francis Hankard, Retired Chief of Crime Lab for Mass. Dept of Public

Safety

Todd Leach, Donna Shea's nephew

Steven B. Sheid, ATF Intelligence Research specialist, EXIS

Database (76 pages)

Thomas Waskom, 12-127 to 12-140; (recalled)

Day 13, 10 November

Witnesses:

Thomas Waskom (pp 13-3 to 13-70); (cont'd),

Peter Turowska, Quincy Patrolman (pp 13-71 to 13-78)

William David Lindholm, Inmate at Plymouth County House of

Correction with Alfred Trenkler in December 1992.(pp 13-78 to 13-125)

(See related defense exhibits:

1962 Milton Street list of residents on Whitelawn Avenue

1963 Milton Street list of residents on Whitelawn Avenue

1965 Milton Street list of residents on Whitelawn Avenue

Page 1 of 1983 IRS tax return of Lindholm's parents of

Cohasset, Mass.

Page 1 of 1984 IRS tax return of Lindholm's parents of

Cohasset, Mass.

Playing of six-minute videotape excerpt of the WLVI/Channel 56 17

October 1992 interview of Thomas A. Shay by Karen Marinella (noted at

page 13-126, but the content was not transcribed there. Instead

see letter from AUSA Paul Kelly to Scott Lopez with TRANSCRIPT OF

INTERVIEW for the entire interview, with the shaded portions being those

played for the jury). See Transcript of portions played in 6 minutes to

Trenkler Jury. To hear the entire interview, click LISTEN TO THOMAS

A. SHAY INTERVIEW..

Day 14, 12 November

Witnesses:

Francis X. Foley, Boston Police Dept. (disabled), last Government

witness

Joseph Pelphrey, Manager of Security and Safety, First Church

of Christ Scientists

Scott Davis, Purchasing/Senior Buyer, First Church of Christ Scientists

Mark Romboli, Drake USA Wire & Cable Manufacturer

Robert Davidson, Tessco Inc., Distributor of Communications Products.

David Fardy, Design Shop, machinist.

Nurdan Cagdas, worked for ARCOMM, Alfred Trenkler's company.

David Millette, Carpenter

Philip Colwell, UPS employee, observer of suspicious person on

Eastbourne St.

Edward Alvaro, Engineering Supervisor at Fox 25.

Frank Cavallo, General Manager, Videocom Satellite

Roderick J. Kennedy, Private Investigator, North American Security,

former FBI Agent.

Day 15, 15 November

Witnesses:

Denny Kline, ETA Consultants, explosives training and bomb analyst.

Denny Kline Report, Defense Exhibit 25

William McNamara, COMSAT World Systems/Manager of Systems.

Day 16, 16 November

Witnesses:

Josephine Wallace, mother of Alfred Trenkler

Rebuttal Witnesses:

Thomas D'Ambrosio,

Albert W. Gleason, Self-employed consultant on explosives and fires.

Day 17, 22 November

Closing statements by:

Frank Libby, Asst. U.S. Attorney, 17-18 to 17-54, and

Terry Segal, defense counsel, 17-57 to 17-88, and

Paul Kelly, Assistant U.S. Attorney, Rebuttal Closing Statement;

17-88 to 17-99, and

Charge Conference and Charge to the jury by Judge Zobel,

pp x, Charge conference outline, one page

17-2 to 17-19, Conference among Judge and attorneys

17-55 to 17-56 (after closing arguments) Conferencing

17-102 to 17-132 Charge to the Jury.

Charge to the Jury as separate 31 page document 17-1 to 17-31

Day 18, 23 November

Jury deliberations

Judge Zobel, Terry Segal and Frank Libby discuss jury questions and

problems.

Day 19, 24 November

Jury deliberations

Day 20, 29 November

Jury returns verdict. Verdict Statement: US v Trenkler Guilty on three counts

Trial Exhibits

List of Alfred Trenkler's Trial Exhibits (admitted and not admitted)

List of Alfred Government's Trial Exhibits (admitted and not admitted)

Radio Shack, Mass. Avenue, 18 October 1991 receipt for switch and other parts.

Sentencing: Pre-sentencing letters sent to Judge Rya Zobel, and Alfred Trenkler's pre-sentencing statement and Judgment

10 December 1993 Government assented to motion to continue sentencing from 24 February 1994 to 8 March 1994

January 1994 Presentencing letters sent to Judge Zobel on behalf of Alfred Trenkler

January 1994 Presentencing Victim Impact Statements and Letters sent to Judge Zobel prior to sentencing for Thomas A. Shay, but also applicable to sentencing for Alfred Trenkler

22 February 1994 Draft Pre-Sentencing Report by U.S. Govt Probation Dept.

1 March 1994 Defendant Trenkler's objections to Presentence Report

1 March 1994 Letter with the Government's Objections to PreSentencing Report

1 March 1994 Defendant Trenkler's Sentencing Memorandum

2 March 1994 FINAL Pre-Sentencing Report

7 March 1994 Government's Sentencing Memorandum

8 March 1994 Letter from Paul Kelly to Judge Zobel re: Government Sentencing Memo

8 March 1994 Having taken his lawyer's advice not to testify at the trial, Alfred Trenkler chose to speak at his sentencing, and speak powerfully he did. See Pre-Sentencing Statement by Alfred Trenkler(.pdf file) .

See also the same statement as a more easily readable Word file. See also Alfred's handwritten notes which he used for his statement.

8 March 1994 Transcript of Disposition Hearing, Presentencing statements and Sentencing 62 pages.

8 March 1994 US District Court "Judgment in a Criminal Case" on three counts.

1. Conspiracy (Date offense Concluded: 10/91)

2. Receipt of Explosive Materials, Aiding and Abetting (Date offense

Concluded: 10/91), and

3. Attempted Malicious Destruction by Explosives, Aiding and Abetting

(Date offense Concluded: 10/28/91)

Appeals and other post-verdict Motions for Relief

Trenkler Motion for Judgment of Acquittal, 6 December 1993, and 21 January 1994 denial by Judge Zobel

Motion for New Trial, 6 December 1993, and Judge Zobel denial on 21 January 1994

Form Affidavit in forma pauperis for U.S. District Court in order to obtain public counsel for appeal 14 January 1994

Notice of Appeal to the First Circuit from judgment and sentence 15 March 1994. The appeal included the Defendant Motion for appointment of counsel in forma pauperis, for Appeal. This Motion was allowed by Judge Zobel, and William Brown was appointed.

First Circuit order for new counsel with Morris Goldings replacing William A Brown for Alfred Trenkler 2 May 1994

Receipt for 150 dollars paid by Josephine Wallace, mother of Alfred Trenkler, to Crimes Victims fund 25 May 1994

Trenkler Designation of Appendix and Statement of issues for appeal 94 1301 6 June 1994

Appeal Brief by Morris Goldings of 4 March 1994 judgment of

conviction 1 August 1994 Case 94-1301

Appendix Volume 1 Appeal case 94 1301 196 pages of motions, orders and affidavits.

Appendix Volume 2 Appeal case 94 1301 Entirely composed of the Transcript of the 22 October 1993 hearing in the Motion to Suppress.

Appendix Volume 3 with documents relating to ATF's EXIS system.

Appendix Volume 4

Appendix Volume 5

Appendix Volume 6

Appendix Volume 7

Motion by Government to First Circuit for same day hearing of Shay and Trenkler appeals 30 August 1994

Draft of Trenkler Motion opposing Government motion to schedule Shay and Trenkler appeals before same panel September 1994

C.A. 94 1301 Brief and Supplemental Appendix for Government Appellee 26 September 1994

Defendant Alfred Trenkler Reply Brief in appeal to First Circuit 12 October 1994 Case 94-1301

First Circuit Court of Appeals, Massachusetts, 18 July 1995, Appeal of trial verdict - Denied 2-1. (Case 94-1301). See also, Westlaw report of case at 61 F 3d 45. Chief Judge Juan Torruella was the dissenting judge. His forceful opinion is included the court's and it's also linked here separately as Chief Judge Juan Torruella's Dissenting Opinion.

Trenkler Appeal to First circuit and petiton for rehearing en banc, Case 94 1301 1 August 1995

Defendant Alfred Trenkler Motion to remand Case 94 1301 to the District court re issue of Lindholm's early release and appearance of a trade of such release for helpful testimony. 8 August 1995

First Circuit Court denial of Defendant Alfred Trenkler's Motion for a Remand to District Court. Case 94-1301 "Defendant's motion raises issues of concerns, which could merit a hearing. However, the proper forum for such a hearing is before the district court upon motion of a new trial. The Motion is therefore denied." 25 August 1995.

First Circuit Order denying en banc hearing 25 August 1995

Michael Burnett Affidavit re contacting prisons for records of Lindholm 29 November 1995

Affidavit of Terry Segal re Dr Robert Phillips testimony exclusion 21 December 1995. Segal stated that he didn't request the appearance of Dr. Phillips at Alfred Trenkler's trial because Judge Zobel had already excluded his testimony and appearance at Thomas A. Shay's trial. Segal stated that in Alfred Trenkler's trial "this Court admitted, through three witnesses, nine (9) out-of-court statements by Shay, Jr., as well as portions of a videotaped interview given to Channel 56 Reporter Karen Marinella, against Trenkler. Exhibit A. Trial Transcript, pp. 748-93(day 7 p. 90 to day 7 p. 124), 795-828 (d.8p.2 to d.8p.35), 845-849(d.8p.52 to d.8p56), 855-858(d.8p.72 to d.8p.65), 866-868(d.8p.73 to d.8p.75), 871-875(d.9p.2 to d.9p.6), 879-880 (d.9p.10 to d.9p.11), 883-887(d.9p.14 to d.9p.18), 1540 (d.?p.?). See The Affidavit's Exhbit A with most of the referenced pages

Motion for New Trial and/or for Evidentiary Hearing 22 December 1995. On basis of learning about William David Lindholm's early release from prison.

Memorandum in Support of Motion for New Trial and/or Evidentiary Hearing 22 December 1995 (See above Motion)

Government's Opposition to Alfred Trenkler's Motion for a New Trial

with supporting documents. 12 February 1996.

Paul Kelly Affidavit in support of Government Opposition to Trenkler Motion for a New Trial 12 February 1996

Letter from Frank Libby to Judge Zobel regarding allegations re alternate juror Ramona Walsh 1 November 1996

Trenkler Motion for Judicial Inquiry into juror misconduct and for a New Trial 19 November 1996 And Memorandum in support of Trenkler Motion for Judicial Inquiry into juror misconduct and for a New Trial 19 November 1996 See also Same Memorandum with Exhibits A through E

Followup letter from Frank Libby re juror misconduct issue with copies of cited cases 16 December 1996

District Court Denial in "Memorandum of Decision" of Motions for New Trial and for Evidentiary Hearing re Lindholm's early release 4 February 1997.

Alfred Trenkler Notice of Appeal of Dist Court 4 February 1997 decision denying a new trial 13 February 1997

Motion in First Circuit Court by Alfred Trenkler to suspend processing of appeal pending juror matter resolution 4 March 1997

First Circuit Order staying appellate proceedings pending resolution of juror misconduct question 3 April 1997

Judge Zobel decision denying further inquiry into juror misconduct and denying new trial 22 May 1997

Trenkler files Status Report with First Circuit to advise court that District Court had denied Motion for judicial inquiry 30 May 1997

Defendant Alfred Trenkler Supplemental Notice of Appeal from Decision denying Judicial Inquiry into possible Juror Misconduct and for a New Trial 4 June 1997.

Defendant Alfred Trenkler Assented-To Motion to Extend Briefing Date 17 June 1997

First Circuit Order in case 97 1239 ordering Appellant Trenkler to file brief and appendix no later than 8 August 1997 19 June 1997

Appellant, Alfred Trenkler, Brief First Circuit Appeal, Case 97-1239 8 August 1997

First Circuit Appeal Appendix Vol 1 Exhibits A through F

First Circuit Appeal Appendix Vol 2 Exhibits A through E

Government Motion for additional time to prepare brief until 17 September 4 September 1997

First Circuit Order allowing extension of time for Government to file brief to 17 Sept 5 September 1997

Appellee, United States of America, Brief First Circuit Appeal, Case 97-1239 17 September 1997

Westlaw report, but unpublished, of denial of Trenkler's Appeal by the First Circuit Court of Appeals 6 January 1998. Case 97-1239 See original text of opinion.

Affidavit of John Bowden on 22 April 1998 revealing William David Lindholm's admission that his testimony regarding Alfred Trenkler was false.

Trenkler Motion to vacate sentence pursuant to 28 U.S.C. 2855 on the grounds of ineffective counsel because Dr. Robert Phillips' testimony re: Thomas A. Shay should have been included at trial. 5 January 1999. This Motion began the case known as Trenkler v. USA, #1:99-cv-10074-RWZ.

Memorandum of law in support of Alfred Trenkler pro se motion under 2255 5 January 1999.

Government's Memorandum of Law in Opposition to Alfred Trenkler's 28 USC ss 2255 Petition to Vacate Sentence. In case #1:99-cv-10074-RWZ (The memorandum includes as Attachment A, Dr. Robert Phillips 19 July 1993 report of his examination of Thomas A. Shay.) 20 April 1999

Extrajudicial statements by Thomas A Shay and challenged by Alfred Trenkler as filed as Attachment B in 20 April 1999 filing by Government, above.

Alfred Trenkler Pro Se Motion for Leave to file traverse Instantur unsigned 13 July 1999

Alfred Trenkler, through Jack Wallace, Addendum to TRAVERSE RE 2255 Petition 29 July 1999

Judge Zobel approves Motion for extension of time, a.k.a. Motion traverse instantur 31 August 1999

U.S. District Court denies Alfred Trenkler's Motion for Vacating of Judgment on the ground of ineffective counsel. In case #1:99-cv-10074-RWZ 18 April 2000

Motion for New Trial based on Newly Discovered Evidence: advance copy as sent to Wallaces by Morris Golding 28 April 2000

Motion for Habeas Corpus for Thomas Shay in Alfred's case (advance copy of draft motion) 28 April 2000

Trenkler's Notice of Appeal in case 99 10074 appealing Zobel 18 April 2000 decision in case #1:99-cv-10074-RWZ 16 May 2000

First Circuit Court of Appeals Order re: Appealability and Status Reports in Case 00-1657 5 July 2000

Trenkler Motion for New Trial or, in the alternative, evidentiary hearing 10 August 2000. Contained in the motion were:

An affidavit by Robert W. Blair, Assoc. General Counsel for Tandy Corp/Radio Shack on the questionable nature of the purported Radio Shack receipt for 18 October 1991, and two Petitions for Writs to obtain the testimony of Thomas A. Shay and John Bowden,

Petition for Writ of Habeas Corpus ad testificandum for Thomas A Shay, and

Petition for Writ of Habeas Corpus ad testificandum for John J Bowden

Trenkler Application to the District Court for a Certificate of Appealability in case #1:99-cv-10074-RWZ 21 August 2000

Government memo of law in opposition to Trenkler Motion for New Trial 11 September 2000 Dennis Leahy Affidavit in support of Government's opposition to Trenkler motion for new trial 11 September 2000

Trenkler Reply to Government opposition for motion for new trial 26 September 2000

Trenkler Motion for hearing and oral argument as ALLOWED by Judge Zobel 26 September 2000

Judge Zobel approval of appealability of 2255 time bar issue 9 November 2000

First Circuit oks appeal on issue of time barring of appeal, case 00-1657 29 November 2000

Judge Zobel decision denying motion for new trial Case No: 92 10369 RWZ 28 December 2000

Brief in First Circuit for Appellant Trenkler of 18 April 2000 District Court Decision, case 00-1657. 8 January 2001. Appendix for Appellant's Brief to First Circuit.

Alfred Trenkler Motion for Extension of time within which to file notice of Appeal. Motion was approved by Judge Zobel on 22 January 2001.

Government Motion for Additional Time in which to file its Brief. 23 January 2001

First Circuit Court of Appeals allow extension of time until 9 March 2001. 25 January 2001. Case 00-1657

Trenkler Notice of Appeal of 28 December 2000 decision by Judge Zobel denying a new trial. Case: 92 10369 RWZ By attorney James Sultan. 20 February 2001

Brief for Alfred Trenkler in 1st Circuit Appeal 00 1657 by James Sultan March 2001

First Circuit Order of the court in case 01 1323 showing intent to dismiss appeal as untimely 14 March 2001 The court said that the appeal, filed on 20 February, above, should have been filed by 7 February. It gave Trenkler until 28 March to show cause why the appeal should not be dismissed.

Memorandum of Law from Alfred Trenkler to First Circuit re: its 14 March 2001 Order showing intent to dismiss appeal 28 March 2001

Judgment of the 1st Circuit: Appeal dismissed for lack of jurisdiction, Case 01-1323. 6 April 2001

Appellee brief in Case 00 1657 by David Mackey for Government 10 May 2001

Trenkler Petition to the U.S. Surpeme for Certiorari to 1st Circuit re timeliness decision of 6 April 2001(printed version of USSC case 01-25) 3 July 2001. See also, larger type version.

Trenkler Reply Brief by Charles Rankin to First Circuit in case 00 1657 2 August 2001 (but cover sheet says "June 2001")

Brief by the U.S. Attorney General in opposition to the Petition for Certiorari to the U.S. Supreme Court by Theodore Olson, Solicitor General, assisted by Asst. Atty General Michael Chertoff. September 2001.

Petition for Writ of Certiorari to United State Supreme Court, denied (Go to Page 204) 9 October 2001.

First Circuit Court of Appeals, Massachusetts, 16 October 2001. Appeal of Sentence - Denied 27 pages. Case 00-1657

Third Circuit Court of Appeals, Pennsylvania, 18 December 2003. Appeal of U.S. District Court - Denied. 10 pages. Case 03-1775

Petition for Writ of Mandamus in the First Circuit Court of Appeals, Massachusetts, 2004-5(?).

Denial by First Circuit Court of Appeals of Petition for writ of mandamus to District Court. 16 January 2005

Petition for Writ of Certiorari to the United States Supreme Court filed. 14 May 2005.

Denial of Petition for Writ of Certiorari to U.S. Supreme Court. 20 June 2005. This was the Petition from the 1st Circuit's 16 January Denial of Writ of Mandamus, above.

Alfred Trenkler letter to Judge Rya Zobel re sentencing 1 December 2005

Motion to Examine Evidence (Color file 8. MB) or (Black and White 580 KB) - Filed by Jack Wallace, this Motion includes the crucial fact that the contacts for the switch for the 1991 Roslindale Bomb did not come from a Radio Shack switch. The contacts are similar to the contacts in a switch made by "Philmore". See pages 9 and 10 of the Motion. 28 June 2006.

Application for Writ of Coram Nobis and application for appointment as counsel for Alfred Trenkler, by Joan Griffin. 6 November 2006. On 15 November, Judge Zobel approved appointment of counsel and ordered the U.S. Attorney's office to respond on the merits of the resentencing by 5 January 2007. No response by the U.S. Attorney's Office was filed.

Order by Judge Zobel to the U.S. Attorney's Office to respond on the merits of the Application for a Writ of Coram Nobis by 2 February 2007.

26 January 2007. No response by the U.S. Attorney's Office was filed.

Order by Judge Zobel that the 8 March 1994 two-life term sentence for Alfred Trenkler be vacated and that the U.S. Marshals deliver Alfred Trenkler for resentencing on 8 April 2007. 20 February 2007.

Order by Judge Zobel allowing Writ of Coram Nobis. 12 April 2007

Other Documents Involving William David Lindholm not filed with court in U.S. v. Trenkler.

Timeline, 1990-1994, prepared by Alfred Trenkler legal team, of U.S. v. Lindholm, his 97 month sentence and early release after 42 months.

Criminal Docket for U.S. v. Lindholm, beginning in 1990

Conviction and Sentencing of William David Lindholm, to 97 month term, 21 August 1991

Letter from Roger A. Cox, attorney for William David Lindholm, to Paul v. Kelly, Asst. U.S. Attorney, asking for reduction of Lindholm's 97 month sentence because, "His assistance was extraordinary. It was forthright, honest and compelling, and of immense value in strengthening the prosecution agianst Mr. Trenkler." 1 April 1994

Asst. U.S. Attorney reply to Roger Cox's request for reduction in sentence 12 April 1994

Attorney Roger Cox reply to Asst. U.S. Attorney Roger Cox 12 April 1994

Government motion for 24 month reduction of sentence for David Lindholm, 19 July 1994, and Order for 55 month reduction by Judge Woodlock, 3 September 1995 (without stating reason for doubling the amount of the reduction from what was requested by the U.S. Attorney's office.)

Affidavit of Asst US Atty Paul Kelly re Lindholm reduction in sentence 19 July 1994

Lindholm's Memorandum in support of Govt Motion for a Reduction in Sentence 28 July 1994

Lindholm affidavit re request for reduction in sentence 6 August 1994 See same affidavit, as annotated by Alfred Trenkler.

2002 Petition for Habeas Corpus in Federal Courts in Pennsylvania.

Alfred Trenkler filed a Petiton for Habeas Corpus with the U.S. District Court for the Middle District of Pennsylvania on the grounds that a statutory change had decriminalized the behavior for which he was convicted. That is, because the U.S. Supreme Court had raised the standard of what constitutes Interstate Commerce for jurisdictional purposes. Trenkler argued that because the 1986 Buick owned by Thomas A. Shay was not involved in Interstate Commerce, he should not have been charged with interfering with Interstate Commerce. See the "Chronology" section from 3 October 2002 through the 13 May 2004 Petition for Certiorari to the U.S. Supreme Court.

Involving Thomas A. Shay and U.S. v. Shay, in Chronological order (after six dockets)....

1. 1:92-cr-10276-RWZ, USA v. Shay, filed 24 Sept 1992 and closed 4 Jan 1993

2. 1:92-cr-10276-RWZ-1, USA v. Shay, filed 24 Sept 1992 and closed 4 Jan 1993

3. 1:92-cr-10369-EFH-1, U.S. V. Shay, filed 16 Dec. 1992 and closed 29 Oct 1998.

4. 1:92-cr-10369-EFH, USA V. Shay, filed 16 Dec. 1992 and closed 15 Dec 1998.

5. 1:92-mj-10031-JLA, USA v. Shay