Court filing
Government's Motion for an Order Recognizing that Defendant Has Waived Her Attorney-Client Privilege — United States v. Aleta Necole Thomas
No. 4:21-cr-00239-GKF · Doc. 150 · Docket on CourtListener
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Case 4:21-cr-00239-GKF Document 150 Filed in USDC ND/OK on 09/13/22 Page 1 of 4
UNITED STATES DISTRICT COURT FOR THE
NORTHERN DISTRICT OF OKLAHOMA
UNITED STATES OF AMERICA,
Plaintiff,
v. Case No. 21-CR-239-GKF
ALETA NECOLE THOMAS,
Defendant.
Government’s Motion for an Order
Recognizing that Defendant has waived her
Attorney-Client Privilege
The government moves this Court for an Order recognizing that the defendant,
Aleta Necole Thomas, waived her attorney-client privilege with her former attorney,
Keith A. Ward, by alleging that he rendered ineffective assistance of counsel in
connection with her sentencing.
1. Ms. Thomas filed a motion under 28 U.S.C. § 2255, raising claims that Mr.
Ward, rendered ineffective assistance of counsel. (Dkt. # 125).
2. This Court has directed the government to respond to Ms. Thomas’s § 2255
motion. (Dkt. # 148). The undersigned attorney contacted counsel for Ms. Thomas
on August 31, September 8, and September 12 about Ms. Thomas’s opposition or
concurrence with this motion. The undersigned attorney included a draft of this
motion in the first communication to Ms. Thomas’s attorney.
Case 4:21-cr-00239-GKF Document 150 Filed in USDC ND/OK on 09/13/22 Page 2 of 4
3. On August 31, Ms. Thomas’s counsel responded to the undersigned attorney’s
email communication and stated he would confirm with Ms. Thomas as soon as
possible. Since this time, Ms. Thomas’s attorneys have not responded to phone calls
or email communications.
4. On June 7, 2022, this Court sentenced Thomas to 30 months of
imprisonment for Counts 3 and 4 to run concurrently. Ms. Thomas is currently
incarcerated.
5. The government has contacted Mr. Ward to obtain an affidavit responding to
Ms. Thomas’s allegations. Mr. Ward requests the government obtain an order stating
that Ms. Thomas has waived the attorney-client privilege as to the claims in her
§ 2255 motion, so that Mr. Ward may prepare such affidavit.
6. By raising claims of ineffective assistance of counsel, Ms. Thomas has waived
her attorney-client privilege. United States v. Pinson, 584 F.3d 972, 977-78 (10th Cir.
2009) (“we hold that when a habeas petitioner claims ineffective assistance of
counsel, he impliedly waives attorney-client privilege with respect to
communications with his attorney necessary to prove or disprove his claim.”).
THEREFORE, the government moves this Court for an order recognizing that
Ms. Thomas has waived her attorney-client privilege with Mr. Ward, in the instant
case, so counsel may fully respond to the allegations of ineffective assistance of
counsel against him.
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Case 4:21-cr-00239-GKF Document 150 Filed in USDC ND/OK on 09/13/22 Page 3 of 4
RESPECTFULLY SUBMITTED,
CLINTON J. JOHNSON
UNITED STATES ATTORNEY
/s/ Kristin F. Harrington
KRISTIN F. HARRINGTON, OBA No. 21185
Assistant United States Attorney
110 West Seventh Street, Suite 300
Tulsa, Oklahoma 74119
T: (918) 382-2785 │ F: (918) 560-7938
Email: kristin.harrington@usdoj.gov
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Case 4:21-cr-00239-GKF Document 150 Filed in USDC ND/OK on 09/13/22 Page 4 of 4
Certificate of Service
I certify that on September 13, 2022, I electronically transmitted the foregoing to
the Clerk of the Court using the ECF System for filing to the following ECF
registrants.
Matthew Chivari
mchivari@lowtherwalker.com
and
Murdock Walker, II
mwalker@lowtherwalker.com
Counsel for Aleta Necole Thomas
/s/ Kristin F. Harrington
Kristin F. Harrington
Assistant United States Attorney
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