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Deadline: January 12th, 2019
*Gofundme: https://www.gofundme.com/f/support-freemartyg/donations
(If we cannot reach the $50,000 goal, then donators will be offered refunds/ and pledges not collected)
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Update 3: "5th Week of Marty's Hunger Strike"
Monday January 6th
This is not a fundraising status, but recognition of the 5 week marker of Marty's hunger strike. He is being kept in extreme isolation in the Communications Management Unit (CMU) Special Housing Unit (SHU) on fabricated charges in order to seperate him from his legal work and thereby prevent him from filing a "Motion for Sanctions" in his lawsuit against the Bureau of Prisons. ( Please see here: https://www.courtlistener.com/recap/gov.uscourts.nysd.505138/gov.uscourts.nysd.505138.116.0.pdf)
To clarify, In addition to his Appeal in Massachusetts, Marty is suing Bureau of Prison officials (and others) in the Southern District of New York, over his stay at MCC NY: https://www.courtlistener.com/docket/8214243/gottesfeld-v-horwitz/ This is by far his more active docket and the only in which we can track him, as he was last directly heard from on April 27th, 2019. The last filing he made is dated Saturday, December 14th (docket entry 119), in which he states they are threatening to force feed him. We have no updates since then.
His hunger strike demands are for non-toxic drinking water and for the judge to order the prison to allow to attend an emergency hearing he's request via telephone. The hearing request is "REQUIRING COUNSEL FOR THE DEFENDANTS TO SHOW CAUSE FOR VIOLATIONS OF LOC (I.V. R. 1.5 (b)(5) AND NEW YORK R. PROF. COND. 1.16(a)" (docket entry 116). Please see docket entries 116 -120 for all of his filings pertaining to the SHU and case in the last 5 weeks. It's horrific and enraging that they can get away retribution like this)
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Update 2: "Timeline Update"
Monday January 6th
*On Thursday 1/2, Marty's court appointed counsel, Virginia Villa, submits his appeal: https://freemartyg.com/brief-of-appellant
*On Friday 1/3, Virginia files Motion to Substitute Counsel, at Marty's request: https://freemartyg.com/appellant-s-motion-to-substitute-attorneys
-Marty has until mid-January (14th?) to file a supplement
*On Saturday 1/4, Dana learns of filings and reaches out to the attorney Marty requested, Mr. Brandon Sample. Brandon stresses the urgency of retaining him by Monday for fear that the Court will file Virginia's appeal if he is not brought on board. Once her brief is filed the court will surely still allow him to substitute into the case, but that does not mean the court will let him file a new brief at that point.
*On Sunday 1/5, FreeMartyG scrapes together $22,317 in loans and donations, $27,683 away from $50,000 goal.
*Late Sunday 1/5, Brandon asks Dana if she can secure the money within 7 days. She says she's trying. Brandon writes Virginia a letter to notify the court that he has not been retained yet, but Marty is interested in hiring him. She could ask the court to deny or treat the motion as withdrawn if he is not brought in within a week. He cannot guarantee that she would be willing to do any of this.
Note: Virginia would not raise some of the issues Marty found important and he would submit a short supplemental brief. Brandon intends to write a new appeal. The Appeal is the chance to address all the procedural grievances from trial, potentially leading to a better outcome for the case. We also pray Brandon takes a greater interest in Marty's circumstances.
Therefore we are continuing the fundraiser for the remaining $27,683 by next Sunday. We are fundraising through donations and loans.
Thank you!!
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Update 1: "***LEGAL DEFENSE FUNDRAISER***"
Sunday January, 5th
Dear #FreeMartyG friends and supporters,
We’re soliciting funds and pledges via loans or donations to secure new appellate counsel for Marty. Our deadline is to raise $50,000 by this Monday, January 6th.
Your generosity will help cover Mr. Sample’s up-front $50,000 fixed-rate retainer (all inclusive, no additional fees) in order to take the case and file an appearance on Monday. The price tag is painful, but not out of line.
We feel confident that we can raise the money, but not by Monday. So in order to
facilitate meeting this urgent deadline, instead of donations we’re asking for loans. Dana will personally incur all the debt and be responsible for repaying every cent. She will also put up almost all of her own money ($7,500).
If we cannot reach $50,000 in time, all loans will be refunded
On Friday, Marty’s court-appointed appellate attorney, Virginia Villa ,filed a motion on his behalf
requesting a change of counsel (i.e. to replace Virginia.) He requested attorney Brandon Sample. A former jail house lawyer himself, he now zealously defends clients in more than 11 Courts of Appeals. Please view Mr. Sample’s impressive resume here and here to see why he’s the right attorney for the job.
Marty’s case is rife with issues for appeal but can’t be won without excellent representation too. Your generosity can make the difference to bring him home much earlier than the unjust 10 year sentence imposed by Judge Gorton.
Please visit our PayPal on www.freemartyg.com or contact Dana at
This email address is being protected from spambots. You need JavaScript enabled to view it. or This email address is being protected from spambots. You need JavaScript enabled to view it. for alternate ways to give. (Please type “Non-Loan” in the comment box if you’d prefer to donate).
Thank you very much,
Dana Gottesfeld on behalf of #FreeMartyG
*P.S. Monday will also mark Marty’s 5th week on a hunger strike as he is kept in extreme isolation at the
Communications Management Unit at FCI Terre Haute (Indiana). Please follow @FreeMartyG on Twitter and Facebook for info.
