Free Affidavit - District Court of Connecticut - Connecticut

Case 3:03-cv-00143-AWT Document 32 Filed O2/O9/2006 Page 1 of 3
., UNITED STATES DISTRICT COURT
DISTRICT OF CONNECTICUT
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DAVID SMITH and
KIMBERLY SMITH, :
Plaintiffs, : 3: 03 CV 0143 (AWT) A
- against - :
PAUL DAVID WOOSLEY, : February 7, 2006
Defendant. :
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DECLARATION OF PATRICK F. LENNON
IN SUPPORT OF PLAINTIFFS’
MOTION FOR CIVIL CONTEMPT ORDER
AND APPOINTMENT OF CRIMINAL PROSECUTOR
PURSUANT TO FEDERAL RULE OF CRIMINAL PROCEDURE 42
Patrick F. Lennon declares under penalty of perjury of the laws ofthe United
States of America as follows:
1. I am partner with the law firm Tisdale & Lennon, LLC, counsel to the
Plaintiffs herein, David Smith and Kimberly Smith. Ihave personal knowledge of the
matters stated herein. I submit this Declaration in Support of Plaintiffs’ Motion for Civil
Contempt Order and Appointment of Criminal Prosecutor Pursuant to Federal Rule of
Criminal Procedure 42.
2. A copy of this Court’s Permanent Injunction Order dated February 28,
2003 is annexed hereto as Exhibit “1."
3. A copy of the Decision of the Second Circuit Court of Appeals affirming
the Permanent Injunction Order with Modification dated March 4, 2005 is annexed hereto
as Exhibit "2."

Case 3:03-cv-00143-AWT Document 32 Filed O2/O9/2006 Page 2 of 3
4. A copy of the "Brief of the Plaintiff—Appellant" submitted by the
Defendant to the Connecticut Appellate Court is annexed hereto as Exhibit "3."
5 . On or about November 22, 2005 Ibegan receiving copies of Mr.
Woosley’s filings with the Connecticut Appellate Court relating to his appeal to the
Connecticut Appellate Court stemming from his habeas corpus petition that was denied
by the Bridgeport Superior Court. That same day I spoke with Ms. Jeanne Dullea, a clerk
assigned to Mr. Woosley’s appeal to the Connecticut Appellate Court. Ms. Dullea
advised me that Mr. Woosley had asserted to her that he was not required to provide
notice to the Smiths of his habeas corpus petition or the appeal of the denial of the
petition to the Connecticut Appellate Court. Ms. Dullea indicated to me that she had
required Mr. Woosley to provide to the Smiths notice and copies of his filings in the
Connecticut Appellate Court and that was the reason I began receiving copies of his
filings therein.
6. While preparing to file the present Motion, I reviewed the Pacer system
for the District of Connecticut and learned that on or about May 2, 2005 Mr. Woosley
commenced an action in this Court entitled "Woosley v. Superior Court," bearing docket
number 3:05-CV-704 (AVC) naming as defendants the Bridgeport Superior Court and
"unnamed prosecutors" alleging deprivation of his constitutional rights stemming from
the denial of his habeas corpus petition, etc. A copy of the docket entries hom that action
are annexed hereto as Exhibit "4." Judge Covello dismissed the case without prejudice
on October 21, 2005.
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Case 3:03-cv—OO143—AWT Document 32 Filed O2/O9/2006 Page 3 of 3
I declare under penalty of perjury that the foregoing is true and correct. Executed
0 Febru A 7, 2006.
I _lltm@ll_
Patrick F. ennon
CERTIFICATION OF SERVICE
This is to certify that a copy ofthe foregoing Declaration of Patrick F. Lennon has
been sent via first class mail, postage prepaid 7th day of February 2006, to the following
litigant of record:
Paul David Woosley
l Rohr Drive
Doylestown, PA 1890 1 -4439
Patrick F. Lennon
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