IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION
January 11, 2011
UNITED STATES OF AMERICA, RESPONDENT,
The opinion of the court was delivered by: Milton I. Shadur Senior United States District Judge
Ernest Myers ("Myers"), having struck out in his direct attacks on his 2001 conviction on an attempted arson charge, has most recently launched a collateral attack via a 28 U.S.C. §2255 ("Section 2255") motion that charges his trial counsel with constitutionally inadequate representation. Despite the questions that this Court has harbored in that respect,*fn1 it has given Myers the broadest possible scope to advance his claim.
Myers has taken that opportunity to widen his attack, more recently tendering a reply that charges the Assistant United States Attorneys in the case with having suborned perjury on the part of witness Will Pruitte ("Pruitte"). But in doing so Myers has overreached himself: Understandably stung by what it has now demonstrated to be an outrageously false accusation, the government has weighed in with its "Sur-reply to Movant's Motion under 28 U.S.C. §2255 Seeking To Vacate, Set Aside, or Correct Sentence"--a damning presentation that puts the lie to Myers' claim in that respect and, indeed, collapses his entire house of cards.
This Court had earlier contemplated the prospect of conducting an
evidentiary hearing to address Myers' contentions. But the chapter and
verse provided by the government's January 10 filing negates any need
for such a hearing to dispatch Myers' motion. Not only is his claim of
counsel's unconstitutional deficiency demonstrably false,*fn2
but he has involved his two daughters (who were respectively
six and seven years old at the time of the 2001 offense) and his wife
in patently incredible alibi statements,*fn3 and he
has also embroiled his wife and son in
deliberately deceptive conduct that led to the submission of a false
recantation of Pruitte's trial testimony.
There is really no need for further elaboration. Suffice it to say that the powerful responses contained in the government's 10-page reply and the attached Pruitte affidavit have conclusively shown Myers to have fabricated his entire presentation. There is no call for an evidentiary hearing, and Myers' Section 2255 motion is denied out of hand.