Indictment - United States v. Maurice Fayne related docket

Record facts

U.S. District Court for the Northern District of Georgia · No. 1:20-cr-00228-MHC-JKL · Doc. 286 · 2022-07-18 · Docket on CourtListener

Summary

Defendant's Notice of Termination of Counsel for Cause, Reservation of All Rights, filed July 18, 2022 as Document 286 by Daniel Eric Jay, proceeding sui juris, in United States of America v. Daniel Eric Jay, No. 1:20-cr-00228-MHC-JKL, in the U.S. District Court for the Northern District of Georgia. The notice recounts the indictments, the defendant's not guilty pleas and his representation by appointed counsel Kamal Ghali and later Leigh Burton Finlayson. It states that the defendant has terminated Finlayson and asserts that Finlayson refused to file pretrial motions and provided ineffective assistance. Citing Faretta v. California 422 U.S. 806 (1975), it says the defendant will proceed pro se while reserving his constitutional rights and objects that the July 19, 2022 trial date leaves too little time to prepare. It is affirmed under penalty of perjury.

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Full text

IN THE UNITED STATES DISTRICT COURT 
FOR THE NORTHERN DISTRICT OF GEORGIA 
ATLANTA DIVISION 
UNITED STATES OF AMERICA 
V 
CRIMINAL ACTION 
FILE NO. 1:20-CR-228-MHC-JKL-2 
DANIEL ERIC JAY 
DEFENDANT'S NOTICE OF TERMINATION OF COUNSEL FOR CAUSE, 
RESERVATION OF ALL RIGHTS 
NOW COMES Daniel-Eric Jay here proceeding as Sui Juris co-counsel, and files, 
DEFENDANT'S NOTICE OF TERMINATION OF COUNSEL FOR CAUSE and 
affirms to the court as follows: 
I. 
BACKGROUND 
1. 
Defendant JAY was named in a 1 Count indictment and 5 Count 
Superseding Indictment filed by the UNITED STATES on or about 28 
July 2020 and 19 November 2020, respectively. 
2. 
Defendant JAY did NOT waive his right to counsel NOR effective 
assistance of counsel but was appointed counsel from the Federal Public 
Defender's Office. Defendant JAY had a Public Defender for arraignment 
in Western District of PA July 15, 2020, then a public defender upon 
DEFENDANT'S NOTICE OF TERMINATION OF COUNSEL, RESERVATION OF RIGHTS Page 1 of7 pages 
Case 1:20-cr-00228-MHC-JKL     Document 286     Filed 07/18/22     Page 1 of 8

arriving in GA on July 20, 2020 just for the arraignment. Defendant JAY 
was given Public Defender Kamal Ghali on July 30, 2020 
3. 
Defendant JAY entered a plea of NOT GUILTY to the federal Indictment 
count 4 claiming to be a TRUE BILL through attorney Ghali on August 
12, 2020. Received superseding indictment on Nov 19, 2020 naming 
Defendant JAY in addition to the bank fraud charge from original 
indictment, another 4 counts with conspiracy to commit wire fraud, and 3 
counts of wire fraud were added. 
4. 
ARRAIGNMENT held as to DANIEL ERIC JAY (2) on the Second 
Superseding Indictment. Defendant JAY's Attorney Meghan Cambre took 
it upon herself and filed a PLEA of NOT GUILTY entered as to Count 
1,2, 4,5. No written plea from Defendant JAY was filed with the 
court. 
5. 
Attorney Ghali filed a motion to withdraw and Motion for Hearing as to 
DANIEL ERIC JAY re 131 MOTION to Withdraw as Attorney was heard 
Jan 7 2021. The Court had a Faretta Hearing on 2/12/2021 at 09:30 AM 
in ATLA Courtroom 1834 before Magistrate Judge John K. Larkins III 
via Zoom. Attorney Ghali's motion to withdraw as counsel 131 was 
HEREBYTAKENUNDERADVISEMENT. Feb 12, 2021 Faretta 
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hearing was conducted, Defendant was found to be competent and Mr 
Ghali;s was removed as counsel. 
6. 
On Feb 18 2021 Leigh Burton Finlayson was named stand by counsel. 
June 21 st Daniel-Eric: Jay decided to no longer represent himself and 
Leigh Finlayson took over as counsel. Daniel-Eric: Jay filed Sui Juris 
documents 213,216 and 218-228 between Sept 7 -10, 2021 
7. 
Attorney Finlayson filed motions to remove Daniel-Eric: Jay's Sui 
Juris motions without his consent. 
Documents 216.218,219 ,220,221,222,223 ,224,225 ,226,227,228. 
Case was certified for Trial on Sep 8, 2021. 
8. 
Oct 13, 2021 change of plea hearing was scheduled for Dec 14, 2021 to 
sign plea agreement. 
9. 
On December 14, 2021 Daniel-Eric: Jay decided against signing it 
II. 
DISCUSSION 
10. 
Without counsel, Defendant, here proceeding Sui Juris, seeks his 
constitutionally guaranteed rights pursuant to the Georgia, Pennsylvania 
and the United States of America Constitution(s), and the constitutional 
guarantees therein and hereby serves notice that defendant does not 
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waive BUT RESERVES any and all of those constitutionally 
guaranteed rights." 
11. 
After the cancelled plea signing hearing on December 14, 2021 Daniel-
Eric: Jay asked Attorney Finlayson to negotiate a better plea deal than 
the 60 month max offer. Daniel-Eric: Jay was willing to consider an 
"Alford Plea.," However, Attorney Finlayson refused saying "I cant go 
back them after this, I have no credibility. " 
12. 
Without Finlayson giving his client any notice, feedback or counsel, the 
Feb 4, 2022 trial was rescheduled for July 19, 2022. 
13. 
Defendant did not receive a call from Finlayson until mid April talking 
about the trial, nothing to do with the "Alford plea." 
14. 
Finlayson has refused to enter pre-trial Motions on behalf of his client, 
DANIEL ERIC JAY. 
15. 
Finlayson has provided ineffective assistance of counsel to the Defendant 
DANIEL ERIC JAY 
16. 
THEREFORE, upon careful consideration, Defendant, exercising his 
right to proceed pro se, pursuant to Faretta v. California 422 U.S. 806 
(1975), without waiving his right to have effective assistance of counsel 
pursuant to the 6th Amendment to the Constitution for the United States of 
America and Johnson v. Zerbst 304 U.S. 458 (1938), has informed 
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Finlayson that he is terminated from being employed as Counsel for the 
Defendant in the above captioned action. 
17. 
If the July 19, 2022 trial date is enforced, PRlOR TO THE removal of 
Attorney Finlayson as counsel for the Defendant, and the legal 
consideration of all the pre-trial motions available to the Defendant, this 
Court has imposed a shorter time, on this highly prejudiced and legally 
disabled pro se defendant, to research and prepare for trial than it imposes 
on legally trained and seasoned attorneys who have paralegals, access to 
law libraries and data bases at hand. 
I, Daniel Eric Jay do hereby affirm that the foregoing document was authored by me and is true, 
accurate, complete and not misleading under the penalty of perjury to the best of my knowledge 
and belief. 
FURTHER AFFIANT SAYETH NOT 
Respectfully submitted: 
~ 
~ ~ 
~--. ~~ 
.. 
Damel Eri~ay, proceedmg Sm~ 
DEFENDANT'S NOTICE OF TERMINATION OF COUNSEL, RESERVATION OF RIGHTS Page 5 of7 pages 
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CERTIFICATE OF SERVICE 
I hereby certify that a true and correct copy of this DEFENDANT'S NOTICE OF 
TERMINATION OF COUNSELin this case has on the / 
2022 been 
served via US Postal Service to counsel of record for the Prosecutor in this case: 
MICHAEL J. BROWN 
ASSISTANT UNITED STATES ATTORNEY 
GEORGIA BAR No. 064437 
600 U.S. COURTHOUSE 
75 TED TURNER DRIVE, SW 
ATLANTA, GA 30303 
(404) 581-6000 
~5r:e,, r 
Daniel- Eric: Jay 
27 
21 Bestview Ave 
Bessemer, PA 16112 
DEFENDANT'S NOTICE OF TERMINATION OF COUNSEL, RESERVATION OF RIGHTS Page 6 of7 pages 
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DEFENDANT'S NOTICE OF TERMINATION OF COUNSEL, RESERVATION OF RIGHTS Page 7 of7 pages 
Case 1:20-cr-00228-MHC-JKL     Document 286     Filed 07/18/22     Page 7 of 8

CERTIFICATE OF SERVICE 
I hereby certify that a true and correct copy of this DEFENDANT'S DECLARATION AND 
NOTICE OF COURT'S LOSS OF JURISDICTION in this case has, on the ~y 
of~, 
been served via US Postal Service to counsel of record for the Prosecutor 
in this case: 
MICHAEL J. BROWN 
ASSISTANT UNITED STATES ATTORNEY 
GEORGIA BAR No. 064437 
600 U.S. COURTHOUSE 
75 TED TURNER DRIVE, SW 
ATLANTA, GA 30303 
(404) 581-6000 
Daniel- Eric: Jay ~ 
~ 
21 Bestview Ave 
Bessemer, PA 16112 
Case 1:20-cr-00228-MHC-JKL     Document 286     Filed 07/18/22     Page 8 of 8

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