UNITED STATES DISTRICT COURT FOR THE 

DISTRICT OF NEW HAMPSHIRE

Timothy H. Bradley

v. Civil No. 07-cv-11-JD

United States of America

 and

Kathleen Mary O'Dell

v. Civil No. 07-cv-12-JD

United States of America

O R D E R

Timothy H. Bradley and Kathleen Mary O'Dell were tried

together and convicted on charges of forced labor and related

crimes arising from their treatment of several seasonal workers

recruited in Jamaica. They were each sentenced to seventy months

of imprisonment and ordered, as a joint and several obligation,

to pay an assessment, a fine, and restitution. Bradley and

O'Dell have each filed a petition for habeas corpus relief

pursuant to 28 U.S.C. § 2255, asserting ineffective assistance of

trial counsel. 

During the course of the criminal proceeding, Bradley was

represented by Stephen Jeffco, Esquire, and O'Dell was

represented by Andrew Cotrupi, Esquire. Bradley and O'Dell

Case 1:07-cv-00011-JD Document 12 Filed 07/25/07 Page 1 of 4
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appealed their convictions and were jointly represented on appeal

by William E. Christie, Esquire. Christie continues to represent

O'Dell in her present action under § 2255 while Bradley is now

represented by Philip H. Utter, Esquire. 

Although they are now represented by different counsel, 

Bradley and O'Dell appear to have filed identical petitions for

habeas relief. They assert that their respective counsel were

constitutionally ineffective in their representation because they

lacked an adequate understanding of the charges brought against

them. Counsel's misunderstanding of the nature of the charges,

Bradley and O'Dell contend, caused them to fail to properly

investigate the case and to fail to present available evidence at

trial. They further contend that their counsel failed to advise

them of their right to testify in their own defense. Bradley and

O'Dell submit their affidavits, along with other materials, in

support of their petitions. 

In response, the United States contends that neither Bradley

nor O'Dell received ineffective assistance. The United States

has filed a memorandum in each case with supporting materials. 

The Assistant United States Attorney ("AUSA")representing the

United States in both cases states that she contacted both Jeffco

and Cotrupi about the habeas petitions. She filed a statement

under penalty of perjury from Cotrupi, addressing matters raised

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in O'Dell's petition. As to Jeffco, however, the AUSA represents

that she met with Jeffco, who stated that he did not remember

much of his decision-making process in the case and that he was

not going to review the file to address the allegations in the

petition. Based on those circumstances, the AUSA states that the

United States has been put at a disadvantage by Jeffco's lack of

cooperation.

Given the fact-intensive inquiry necessary to determine

whether either O'Dell or Bradley received ineffective assistance,

a hearing is necessary to address their petitions. The court

expects Jeffco and Cotrupi to cooperate with all counsel in any

preparation that may be necessary for the hearing. Both Jeffco

and Cotrupi shall be present at the hearing and prepared to

testify about the issues raised in the petitions. Jeffco and

Cotrupi shall each bring his complete file for the case, 03-CR61-JD, to the hearing. O'Dell and Bradley shall also be present

at the hearing.

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Conclusion

The clerk of court will set a date for the hearing after

consulting with the AUSA and the parties' current counsel for an

appropriate schedule. No later than twenty days before the

hearing, counsel and the AUSA shall each file a list of witnesses

they expect to testify at the hearing. Counsel and the AUSA will

be responsible to prepare and serve any subpoenas that may be

necessary to obtain a witness's presence at the hearing.

SO ORDERED.

____________________________

Joseph A. DiClerico, Jr.

United States District Judge

July 25, 2007

cc: Stephen T. Jeffco, Esquire

Andrew Cotrupi, Esquire

William E. Christie, Esquire

Phillip H. Utter, Esquire

Mark S. Zuckerman, Esquire

Aixa Maldonado-Quinones, Esquire

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