I, Robert J. Feldman, duly admitted to practice law in the State of New York and various other jurisdictions including the EDNY hereby affirms under penalties of perjury the following:
• I graduated Brooklyn Law School in 1980. I was Senior Editor of the Brooklyn Law Review. My first job out of law school was as a prosecutor IN Florida under Janet Reno. Thereafter I joined the New York City Legal Aid Society, Criminal Defense Division. I have tried hundreds of cases to verdicts.
• In early 2016 Oswald Lewis’ family contacted me to discuss retaining me to try the case before Hon. I. Leo Glasser, United States District Court Judge.
• On or about March 5, 2016, after the family retained me, I went to the MDC to speak with Mr. Lewis. I then promptly contacted Mr. Lewis’ attorney, David Stern to inform him that I was retained to substitute for him. Mr. Stern seemed relieved because he agreed with Mr. Lewis that they were having unresolvable differences about how to try the case.
• I extensively interviewed Mr. Lewis and Mr. Stern and familiarized myself with the case.
• I attended Court on March 7, 2016 and was available to substitute for Mr. Stern. I have known Mr. Stern for approximately 30 years and he further discussed the case with me.
• I would have acted as standby counsel if the Court did not allow me to substitute for Mr. Stern.
• On March 7, 2016, the Court would not let me speak.
• Had I been permitted to substitute for Mr. Stern, Mr. Lewis WOULD HAVE TESTIFIED. Without a defendant’s testimony the affirmative defense justification is almost impossible to establish.
• Had I been permitted to substitute for Mr. Stern: I would have investigated and raised that Oswald Lewis was not the same person named in the Virginia 1991 arrest warrant; I would have re-argued that the EXCULPATORY evidence provided by the ballistics expert Professor De Forest should have come in, thereby likely resulting in Mr. Lewis’ acquittal of the major charges; and, I would have requested different defense instructions; and, I would have arranged for character witnesses to testify on Mr. Lewis’ behalf from Verizon, where Mr. Lewis has worked for ten years and from others who knew him.
Dated: February 17, 2017
New York, N.Y.

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