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Judge rejects request for new counsel in appeals case

A man who sent threatening letters to Warren County court officials in 2013 in an apparent attempt to escape from prison is not entitled to another appointed attorney.

A hearing in the case of Eddie Ray Gray, 31, of State Correctional Institution — Mahanoy, was held Monday in Warren County Court before Judge Gregory Hammond.

In 2012, Gray was charged with numerous counts of retaliation against a court official and terroristic threats.

Gray sent threatening letters to court officials, including judges and district attorneys. He was sentenced to 35.5 to 71 years in prison.

Gray has since explained that the letters were intended to get the two men transported to Warren County Jail from state correctional facilities where they hoped security would be less tight.

At question was whether Gray was entitled to a third appointed attorney to represent him in post-conviction relief efforts as he moves forward with appeals of his case.

Gray said, via video conference, that his attorneys were aware that the letters were an escape attempt and that information would have been useful in his case and upon appeal, but “did nothing about it.”

He said his post-conviction relief filings were timely because, ” I never had those transcripts — transcripts that prove that they knew — before the year 2020.”

Those filings must be made within one year of a party being made aware of new information.

“I believe I’m entitled to counsel,” he said. “I believe I’m entitled to justice.”

The prosecution did not advocate either way on the issue of counsel, though Deputy Attorney General Greg Simatic said, “We would disagree to Mr. Gray’s characterization of the events.”

Hammond said he had reviewed the file in preparation for the hearing.

“There’s no absolute right to counsel for a second petition,” Hammond said.

He said he had dismissed one attorney and appointed another in the case. He said that second attorney investigated the details of the information presented by Gray regarding new information.

“He was effectively representing Mr. Gray,” Hammond said.

He said Gray made comments during his May 2019 resentencing indicating he knew there was information that showed officials were aware of the escape plan.

“This wasn’t filed until October 2020… well after a year,” Hammond said.

For those reasons, “I am finding that Mr. Gray is not entitled to substitute counsel to assist him… in his appeal,” Hammond said.

He did tell Gray his office would be sending the attorneys’ entire file on Gray to him “to assist you in representing yourself.”

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