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ANDERSON v. D.C. PUB. DEFENDER SERV.

February 12, 1991

GRANT ANDERSON, Plaintiff,
v.
D.C. PUBLIC DEFENDER SERVICE, et al., Defendants



The opinion of the court was delivered by: OBERDORFER

 LOUIS F. OBERDORFER, UNITED STATES DISTRICT JUDGE

 On September 7, 1988, plaintiff Anderson was convicted in District of Columbia Superior Court of assault with intent to commit rape while armed, two counts of burglary while armed, and one count of resisting a police officer with a dangerous weapon. His complaint in this action names as defendants Avis Buchanan, his trial counsel; Mark Rochon, a colleague of Buchanan's at the D.C. Public Defender Service; the Public Defenders Service; J. Herbie DiFonzo, his appellate counsel; and the Office of Bar Counsel to which Anderson complained about Buchanan and DiFonzo. All four defendants have filed motions to dismiss. Because Anderson has voluntarily dismissed the claims against Rochon and the Public Defenders Service, see Order of November 27, 1990, only the motions of Buchanan, DiFonzo, and the Office of Bar Counsel are currently before the Court. For the reasons stated below, an accompanying order will grant these motions and dismiss the complaint.

 I.

 Anderson's complaint alleges the following facts:

 
The plaintiff Grant Anderson (hereinafter Anderson), was arrested on June 22, 1988, and charged with a series of felonies. The defendant Mark Rochon was originally appointed to represent the plaintiff in his criminal case (F7226-88) before the Honorable Judge Reggie Walton. The defendant Rochon originally represented plaintiff, but allowed the defendant, Avis Buchanan, to request appointment to the case.
 
The case eventually came to trial in July of 1988, in which the plaintiff was still represented by counsel/defendant Avis Buchanan who conducted the preliminary procedures, investigation, and trial.
 
In August of 1988, the plaintiff was found guilty of all counts of his indictment and sentencing was set for October 27, 1988. The defendant Avis Buchanan represented the plaintiff at the sentencing phase but chose not to speak on behalf of her client.
 
After sentencing had commenced, the United States Attorney and his contingents falsified the trial transcripts that had been forwarded to appellate courts for review.

 Complaint para. 8.

 Anderson further alleges that Buchanan "conspired along with the Government's attorney to deprive plaintiff of effective" assistance of counsel by, inter alia, failing to interview witnesses, explore inconsistencies in the testimony presented by the Government, and misquoting evidence in her summation. Id. P 12. Anderson also alleges that DiFonzo, who was appointed to represent him on appeal, failed to render effective assistance of counsel. Specifically, DiFonzo failed to pursue the theory that Anderson was intoxicated at the time of the crimes and therefore could not formulate the requisite intent; he also refused to charge that the trial transcripts were falsified. See id. P 13.

 After his trial, Anderson moved to vacate his sentence on the basis of, inter alia, ineffective assistance of trial counsel and inaccuracy of trial transcripts. See id. P 9. Although he forwarded his motion to the Public Defenders Office, that office did not investigate Buchanan, thereby contributing, in Anderson's estimation, to "the conspiracy of its attorneys . . . to deprive the plaintiff of his right to Due Process." Id. Anderson also filed a complaint with the Office of Bar Counsel concerning the conduct of Buchanan and DiFonzo, but Bar Counsel failed to conduct a factual investigation "thereby continuing in the criminal conspiracy [against] the plaintiff to deprive him of his rights." Id. P 10.

 Anderson concludes with a blanket allegation of his conspiracy:

 
Each defendant acted in concert of one another to hide the continuing conspiracy to maliciously prosecute the plaintiff and to deny him of his First, Fifth, and Fourteenth Amendment Rights through their deliberate indifference, as well as a conspiracy to deprive the plaintiff of relief against a member of the Bar, because each were and are affiliated with one another and each has a professional interest in one another -- to preserve each ...

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