AFFIRMATION IN SUPPORT OF OSWALD LEWIS’ 28 USC §2255 MOTION

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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