Law Offices of David K Sergi
                                                         Attorney At Law

September 11, 1999

Ms. Brigitte Cantu
Rose-Pichler Weg 31
80937 Munchen
Germany
 

 Re: Domingo Cantu
 

Dear Ms. Cantu

As we discussed during our meeting on September 11, 1999 it appears that the execution date for your husband has been set for the 28th of October, 1999. While we have not yet seen a copy of the Order setting the date, I have spoken to Captain Austin McComb of the Terrell Unit who confirmed that the date has been set for the 28th.

As we also discussed, Walter Prentice and I spent a fair bit of time on the phone with Mr. Cantu on Friday and we have both reviewed the available portions of the file. To be frank, there is a lot of work to be done if we are to have a chance at obtaining a stay of execution.  It appears to me, in my opinion, that the habeas  Lawyer, Mr. Brown, did a rather poor job when he did the writ.  It seems to me that the writ is a cut and paste job using materials supplied by the resources center with little thought or investigation about the actual case. In addition, the Application for Certiorai names the wrong defendant and lists the wrong case below and worse yet fails to mention one of the best issues that needed to be presented for review, ie the Simmons  V Soulth Carolina issue in which the Supreme Court recently granted certioral in a different case from Texas.

In addition we also discussed the fact that:

1.   Mr. Cantu has repeatedly asked for DNA tests to be performed and yet they have not.

2.   There was a discrepancy in the blood types found in the victim and Mr. Cantus' blood type.

3. There were several witnesses that Mr. Cantu can locate who can establish that  Mr.. Cantu may indeed be innocent.

4. There were some other factual issues that a reading of the record will reveal which also point to Mr Cantus innocence.

As a result, there is a lot of work to be done for us to properly present a stay petition and/ or a subsequent writ.   As we discussed, you would like for me to be retained to take over the case for Mr Brown. I told you that we needed the sum of $25,000 as a retainer for us to become involved in this case at such a late date. However given the assertions of innocence and the objective facts in the record which support this I told you that I would be willing to work with you if you can fund all or most of the following.

A.  Private Investigator to visit Mr. Cantu and locate missing witnesses: at least $5,000 (100 hours at $50.00 per hour)

B. Attorney time to revise certiorai Petition and draft a subsequent writ: at least $15,000 (100 hours at $150 per hour)

C.  Expenses and costs for DNA analysis and other travel time, office expenses and miscellaneous expenses : at least $7,500.

As we discussed, I have not agreed to undertake this representation until we have made appropriate financial arrangements.  Please remember that we need to have access to these funds as soon as possible and in no event after October 4, 1999 if we are to do a credible job and leave the Courts enough time to properly review our work product.
Sincerely
David K Sergi

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