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Prall v. Bucks County Court House

July 27, 2009

TORMU E. PRALL, PETITIONER,
v.
BUCKS COUNTY COURT HOUSE, RESPONDENT.



The opinion of the court was delivered by: Wolfson, District Judge

OPINION

This matter is before the court pursuant to a petition for a writ of habeas corpus under 28 U.S.C. § 2241, filed by petitioner Tormu E. Prall ("Prall"), on or about May 13, 2009, in the United States District Court for the Eastern District of Pennsylvania. The Honorable Mitchell S. Goldberg, U.S.D.J., of the Eastern District of Pennsylvania, issued an Order on May 27, 2009, that this habeas action be transferred to the District of New Jersey. A certified copy of the Transfer Order and docket were received by this Court on June 26, 2009. The sole respondent is the Bucks County Court House. Petitioner paid the $5.00 filing fee.

I. BACKGROUND

According to the allegations contained in the petition, Prall alleges that he has an open criminal charge in the Bucks County Court House. He attaches to his petition, a Notice of Motion for Speedy Trial and to Enter a Plea, dated February 24, 2009, which he allegedly filed with the Court of Common Pleas-Bucks County in Pennsylvania. In his notice for a speedy trial, Prall states that he wishes to enter a guilty plea because he has "no trust for or confidence in, Politicians, Judges, Prosecutors, Lawyers, Police, Jurors, and the People involved in or under the existing structure of Pennsylvania State Government. Politicians, Judges, Prosecutors, Lawyers, Police, Jurors, and the People are and will always be liars, hypocrites, oppressors, persecutors, and enemies that I will never trust." (Petition at Exhibit B, ¶ 2). Prall states that his motion was returned to him without any action. (Pet., ¶ 5).

Prall does not explain the basis for his present detention in the Mercer County Corrections Center, which is unrelated to the Bucks County criminal charge. Prall alleges that he is not a resident of Pennsylvania, and he is concerned the witnesses favorable to him there may die, lose their memory or disappear. Accordingly, he wishes to bring the Bucks County criminal matter to trial immediately or he effectively will be denied access to witnesses that merit his release.*fn1 Prall asks this Court to direct the Bucks County Court House to bring him to trial immediately.

Prall is not a stranger to this Court. Since his extradition from Connecticut to New Jersey in October 2008, Prall has filed ten (10) actions within the United States District Court for the District of New Jersey, including this habeas petition.*fn2 This Court also takes judicial notice of a criminal complaint filed in this District Court on August 26, 2008, United States v. Prall, Mag. No. 08-M-1127 (JJH), stating that:

On or about September 26, 2007 in the District of New Jersey and elsewhere, the defendant, Tormu Prall, did knowingly and wilfully move and travel in interstate and foreign commerce with the intent to avoid prosecution under the laws of the place from which he fled, namely, New Jersey, for a crime which is a felony under the laws of that State, specifically, homicide, contrary to N.J.S.A. 2C:11-3a(3).

The criminal investigator with the United States Marshals Service filed the criminal complaint alleging that the above act by Prall was a violation of 18 U.S.C. § 1073. The complaint was based on the following facts from the investigator's reports and involvement with this fugitive investigation, filed as Attachment B to the criminal complaint:

1. On or about September 25, 2007, John Prall was killed when he was burned during an arson which was committed at a residence in Mercer County, New Jersey.

2. On or about October 10, 2007, a criminal complaint was filed against defendant Tormu Prall in Mercer County Superior Court, charging him with the New Jersey state felony offense of homicide, contrary to N.J.S.A. 2C:11-3a(3). Pursuant to that complaint, a warrant for the arrest of defendant Prall was issued.

3. Following the homicide referenced in Paragraph 1 above, the United States Marshals Service and the Trenton Police Department conducted numerous interviews of associates and family members of defendant Tormu Prall. This extensive investigation conducted by law enforcement authorities to locate Prall in the State of New Jersey has been met with negative results.

4. On May 17, 2008, Prall was arrested by local police in Boston, Massachusetts on charges of drinking in public. At the time of his arrest, Prall provided an alias name and identifiers. Prall was subsequently fingerprinted and released from custody under the alias name he provided. On May 19, 2008, the fingerprints left by Prall in Boston were analyzed against fingerprints on file in the FBI national fingerprint database for Prall revealing that he was in fact the same person arrested for drinking in public. Members of the U.S. Marshals Service New York/New Jersey Regional Fugitive Task Force responded to the Boston area to assist with the fugitive investigation on May 19, 2008. During the investigation in Boston, it was learned that Prall had committed another arson of an apartment building housing persons with physical and mental disabilities in the neighboring town of Cambridge, Massachusetts.

5. On August 2, 2008, Prall, again using an alias, was identified by local police in Providence, Rhode Island as a suspect in an assault and robbery occurring there. Warrants were subsequently issued for ...


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