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Appendix in support of Rubin Carter’s petition for writ of habeas corpus, 1979

File consists of a copy of the appendix, “In support of petitioner Rubin Carter’s petition for writ of habeas corpus (setting aside conviction and vacating the sentences imposed herein). Index lists: Order denying Carter/Artis leave to appeal the Supreme Court of New Jersey from interlocutory order of the Appellate Division (Superior Court). Filed: November 21, 1978; Order denying Carter/Artis oral argument relative to Motion for leave to appeal Filed: November 21, 1978; Letter to Clerk of Supreme Court of New Jersey, dated November 14, 1978; Notice of Motion seeking leave to file an appeal from the interlocutory order of the Appellate Division (Superior Court) to the Supreme Court of New Jersey on behalf of Carter/Artis, dated November 14, 1978; Notice of motion seeking oral argument with respect to motion for leave to file an interlocutory appeal, dated November 14, 1978 on behalf of Carter/Artis; Cover letter and attached letter in lieu of a Brief filed by Passaic County Prosecutor’s Office with the Supreme Court of New Jersey in opposition to Carter/Artis motion for leave to appeal from the interlocutory order and for oral argument in connecting therewith, dated November 17, 1978; Order denying Carter motion for hearing regarding trial jurors; Order denying Artis motion for hearing regarding trial jurors; Order granting Carter motion for leave to file reply papers; Order granting Artis motion for leave to file reply papers; Order granting Carter motion for leave to file response to reply papers; Order granting Artis motion for leave to file response to reply papers; Joint letter to Appellate Division Clerk; Joint notice of motion seeking hearing regarding 1976 trial jurors and related relief; Joint certification of Myron Beldock, Esq. And Lewis Steel, Esq.; Transcript of in camera conference between an alternate 1976 trial and Honorable Bruno Leopizzi; Appellants’ joint letter forwarding copies of Judge Leopizzi’s letter and order; Letter of Judge Leopizzi dated October 10, 1978; Order of Judge Leopizzi dated October 6, 1978; Passaic County Prosecutor cover letter; Passaic County Prosecutor response to defendants’ motion for an immediate hearing, etc.; Joint notice of motion for leave to reply papers in the motion seeking hearing regarding 1976 trial jurors and related relief; Joint certification in support of motion to file reply papers; Appellants’ joint cover letter; Appellants’ joint reply [...] to Passaic County Prosecutor’s response to defendants’ motion; Letter from Passaic County Prosecutor transmitting certain papers to Appellate Division Clerk; Petition for leave to file response to reply papers of defendants; Passaic County Prosecutor’s letter response; Appellants’ reply to Prosecutor’s letter of October 13, 1978.

1978 Habeas corpus proceedings, 1978-1979

File consists of material related to Rubin Carter’s 1978 habeas corpus petition. It includes an order granting leave; an affidavit; order to show cause; motion to set aside verdict and to vacate sentences herein; and supplemental memorandum of law in support of habeas corpus petition;

Brief & appendix for seeking an order granting leave to file an appeal, 1978

File consists of a copy of, “Brief in support of defendants-appellants’ motion seeking an order granting leave to file an appeal from interlocutory order of the Appellate Division of the Superior Court and for immediate affirmative relief.” The brief is seeking a hearing for jury misconduct during the 1976 retrial for Rubin Carter and John Artis.

1977 Appeal Appendix – Volume 6

File consists of Volume 6 of the 1979 appeal of convictions appendix. It includes Exhibits 1-12: Judge Leopizzi’s 5/29/79 opinion denying defendants’ motion to vacate and set aside sentences and judgments of conviction and related relief and granting state’s motion prohibiting investigation of Jurors; State exhibit “S-1”: purported polygraph examination reports with attachments; Defense exhibit “D-C1” defendants’ 3/17/79 letter to Judge Leopizzi re: jury interrogation; Defense exhibit “D-C2”: Beldock 4/18/79 letter to Raino with Borrow's written reply concerning affidavit; Defense exhibit “D-C3”: Borrow's written reply concerning affidavit with affidavit attached; Court exhibit “C-1”: transcript of 10/5/78 in camera conference between Judge Leopizzi and juror Adamo; Court exhibit “C-4”: Excerpt from transcript of Adamo's allegations concerning Alairo; Court exhibit “C-5”: excerpt from transcript of Adamo's allegations concerning Fischer; Court exhibit: Judge Leopizzi's 10/6/78 letter to Sheriff Gillen referring to letters to be delivered to jurors; Court exhibit: Judge Leopizzi's order directing jurors not to discuss case; Court exhibits: Judge Leopizzi's 3/5/79 letters to jurors Adamo, Alario, Armellino and Demetriades and to all counsel concerning scheduled hearing; Court exhibit: Adamo's 3/14/79 letter to Judge Leopizzi; Court exhibit: Adamo's 3/15/79 letter to Judge Leopizzi; State’s 6/11/79 letter to Judge Leopizzi concerning proposed orders; Proposed order denying defendants’ motion to set aside their convictions and sentences; Proposed order directing defendants and others not to conduct inquiries or investigations concerning jurors, etc.; Defendants’ 6/14/79 letter to Judge Leopizzi objecting to proposed orders; Steel’s 5/7/79 letter to judge enclosing materials regarding lie detector tests.

1979 Appeal Appendix – Volume 5

File consists of Volume 5 of the 1979 appeal of convictions appendix. It includes Exhibits 1-23: Order remanding interrogation of jurors to law division – Carter filed 2/22/79; Order remanding interrogation of jurors to law division – Artis filed 2/22/79; Plaintiffs notice of motion for discovery dated 3/2/79; Defendants’ 3/5/79 letter to prosecutor objecting to State’s notice of motion; Prosecutor’s 3/7/79 letter to Judge Leopizzi with enclosure; Defendants’ 3/8/79 to Judge Leopizzi in response to Prosecutor’s letter of 3/7/79; Defendants’ 3/9/79 letter to Judge Leopizzi re: applicability of Gross; Adamo 3/14/79 letter to Judge Leopizzi; Defendants’ 3/16/79 letter to Judge Leopizzi re: Jury interrogation; Order declaring defendants indigent dated 3/19/79; Judge Leopizzi’s letter of 3/27/79 re: questioning of Jurors by Counsel; Brief in support of motion of defendants Carter and Artis to vacate and set aside their sentences and judgments of conviction because of misconduct of jurors: dated 4/3/79; Joint notice of motion of defendants Carter and Artis seeking an order vacating and setting aside the sentences and judgments of conviction, etc. With supporting affidavit: dated 4/3/79; Defendants’ notice of motion for disqualification of Judge with supporting affidavit dated 4/3/79; Defendants’ 4/5/79 letter to Judge Leopizzi re: April 11th proceedings; State’s response to defendants’ motion for an order vacating and setting aside the sentences and judgments of convictions; State’s notice of motion for an order directing defendants from conducting interviews of trial jurors; Temporary order directing defendants from conducting interviews of trial jurors dated 4/12/79; Prosecutor’s 4/17/79 letter to Judge Leopizzi re: order directing defendants from conducting interviews of trial jurors; Defendants’ 4/18/79 letter to Judge Leopizzi re: 4/12/79 order; Joint notice of motion of defendants Carter and Artis seeking an order permitting counsel to investigate juror and for related relief dated 4/18/79 with supporting affidavits; Judge Leopizzi’s 4/23/79 letter to NAACP re: admission of Meyerson before the court; Meyerson’s 4/27/79 letter to Judge Leopizzi re: 4/23/79 letter.

1979 Appeal Appendix – Volume 4

File consists of Volume 4 of the 1979 appeal of convictions appendix. It includes Exhibits 72-86: Investigator’s report on opening of Holloway grave dated 12/5/76; Correspondence: Disqualification of Leopizzi A/C Rawls, April-May 1976; Motion for appointment of defense experts and supporting affidavit filed 7/21/76; Prosecution’s letter of 8/25/76 responding to omnibus motion; Prosecution’s letter of 11/26/76 re: motive; Prosecution’s letter of 11/26/76 re: consciousness of guilt; Defendants’ request for charges 46T130 to 139; Steel affidavit 1/25/79 and exhibits submitted in Federal habeas corpus proceeding seeking hearing re: 1976 jury; Prosecutor’s letter 1/30/79 submitted in federal habeas corpus proceeding in partial response to steel affidavit; Motion to dismiss indictment for defective Grand Jury array and supporting affidavits filed 8/11/76; Motion for investigation of prosecutor’s violation of gag order filed 6/24/76; Affidavit of Rubin Carter re: indigency; Defendants notice of motion for a new trial dated 2/4/77; Defendants’ notice of motion for evidentiary hearing 2/4/7; Prosecutor’s letter re: DeSimone's appointment dated 2/4/77.

1979 Appeal Appendix – Volume 3

File consists of Volume 3 of the 1979 appeal of convictions appendix. It includes Exhibits 28-39: Order annexing Harrelson polygraph materials to the record and denying new trial and other relief to defendant Carter dated 6/20/78; Order annexing Harrelson polygraph materials to the record and denying new trial and other relief to defendant Artis dated 6/20/78; order denying defendants’ motion to supplement record filed 10/3/78; order granting defendants’ motion to seek leave to supplement the record filed 10/3/78; order denying defendant Carter’s motion to take depositions filed 10/3/78; order denying defendants’ motion to take depositions filed 10/3/78; order of New Jersey Supreme Court denying defendants’ joint motion for leave to appeal dated 11/21/78; order of New Jersey Supreme Court denying defendants’ motion for oral argument dated 11/21/78; Order denying defendants’ motion to compel substitution of State Attorney General for Passaic County Prosecutor dated 11/30/78; Order denying defendants’ motion for oral argument on motion to compel withdrawal of Passaic County prosecutor filed 11/30/78; Charge to Jury, 46T17(7) 12/21/76; Excerpts of prosecution’s closing statement 45T147;171-173;181-231 12/20/76.

Order denying motion – partial transcript, 1977

File consists of the partial transcript of an “order denying motion.” The motion denied was a motion for an evidentiary hearing related to “the Bello 1976 discovery.” It includes a transcript of trial proceedings between “The Court” (State of New Jersey) and Myron Beldock, a lawyer for Rubin Carter and John Artis.

Correspondence and papers related to 1979 appeal, 1979

File consists of correspondence and papers related to the 1979 appeal of the 1976 trial convictions of Rubin Carter and John Artis. It includes the appeal decision, argued between May 30 and June 27 1979; a letter from Myron Beldock,to the judges on the 1979 appeal; and the Joint brief for defendants-appellants errata.

1976 Trial Appendix – Volume 2F

File consists of Volume 2F of the appendix for the 19 76 retrial. It includes: letter of Joseph Miller to Sherry Lansing, MGM Studios, dated September 2, 1975; Letter of Joseph Miller to Sophia Metzler, the Viking Press, dated September 2, 1975; Outline of script for ‘The Lafayette Bar Massacre’; Agreement dated September 17, 1975 between Alfred Bello, Melvin Ziem and Joseph Miller re: “The Lafayette Bar Massacre”; Agreement dated December 8, 1975 between Jerry Leopaldi, Alfred Bello, Joseph Miller and Melvin Ziem, re: Motion Picture Production; Affidavit of Alfred Bello to Eldrige Hawkins dated November 1, 1975; Statement of Alfred Bello dated June 17, 1966; Transcript of tape recorded interview of Alfred Bello by Lieutenant Vincent DeSimone on October 11, 1966; Statement of Alfred Bello dated October 14, 1966; Testimony of Alfred Bello to Essex County Grand Jury on December 19, 1975.

1976 Trial Appendix – Volume 1F

File consists of Volume 1F of the appendix for the 1976 retrial. It includes: the Court Clerk’s records of jury deliberations December 21, 1976; Court Clerk’s records of jury deliberations May 26, 1967; Photo’s of Rubin Carter’s car; Street diagram of area surrounding the Lafayette Grill; Boxing record of Rubin Carter; Typewritten notes of oral interrogation of Rubin Carter; Handwritten notes of oral interrogation of Rubin Carter; Typewritten notes of oral interrogation of John Artis; Handwritten notes of oral interrogation of John Artis; Grand Jury testimony of John Artis on June 29, 1966; and the testimony of Patricia Valentine from first trial on May 10, 1967.

1976 Trial Transcripts – Volume 43A

File consists of the transcript of the 1976 retrial, Volume 43A, dated December 16, 1976. It includes the testimony of William Hardy Jr., John Artis, Gwendolyn High Bolton, Ronald Posey, Stewart G. Potter, Edward Migliaccio, Alfreida Van Rensalier, Leman Schankereli, Gine Rodriguez, John Kuzen, Evonne Seldon, and Vincent De Simone.

1976 Trial Transcripts – Volume 25A

File consists of the transcript of the 1976 retrial, Volume 24A, dated November 24, 1976. It includes the testimony of Robert Mohl, William J. Marchese, Patrick H. Wright, Thomas Heyboer, Philip Salinardi, Barrett Gray, and Joseph Harrison.

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