United States of America v. Schiro

Filing 10

MEMORANDUM Opinion and Order. Signed by the Honorable James B. Zagel on 6/12/2014. (ep, )

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF ILLINOIS
EASTERN DIVISION
United States of America,
v.

No. 13 C 6664
Judge James B. Zagel

Paul Schiro.
MEMORANDUM OPINION AND ORDER
Petitioner, Paul Schiro, seeks to vacate his conviction pursuant to the provisions of
Section 2255 of Title 28. The claim is that his trial counsel and appellate counsel were
constitutionally ineffective and Petitioner is entitled to a new trial. There are claims about the
failure to invoke statute of limitations or a withdrawal defense or to challenge sufficiency of
evidence. In the context of this case, these claims are fairly weak but not necessarily fatal to
Petitioner's claim. Petitioner has also stated under oath that he told his lawyer about his various
defenses, particularly the limitations defense and the withdrawal defense -- and the witnesses that
might support it.
It is my judgment that the method of resolution of the 2255 claims would be improved if
an evidentiary hearing were held. In his reply brief, Petitioner offers his own written affidavit
supported by two close relatives. I cannot consider these statements without giving the
government the right to cross-examine Petitioner and his relatives. To have any chance of
success, Petitioner probably needs to testify to the matters covered in his affidavit. I will order
an evidentiary hearing on the merits of Petitioner's claim of ineffective assistance of counsel.
Petitioner should understand that if he does testify, he will be subject to cross-examination by the
government. To the extent that Petitioner offers testimony about the specific claims made in his
affidavit, he will be unable effectively to refuse to answer questions by asserting his privilege to
remain silent.
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The court will set a date for hearing in consultation with the government, Petitioner and
the Bureau of Prisons.

ENTER:

James B. Zagel
United States District Judge

DATE: June 12, 2014

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