[Note:  Reconstructed from two separate postings.]

LAW OFFICES OF ELLIOT J. ABELSON

8491 WEST SUNSET BOULEVARD -SUITE 1100 • LOS ANGELES, CALIFORNIA
90069-1911  TELEPHONE (323) 960-1935 • FAX (323) 650-0398

November 2, 2001

Judge Sharon Waters Riverside County Courthouse Appellate Department
,,-  4100 Main Street Riverside, California 92501-3626

Re: People of the State of California v. Keith Henson Appellate No.
003226, Case No. HEM014371

Dear Judge Waters:

I represent Hilary Dezotell, Ken Hoden, and Bruce Wagoner who were the
victims in the above referenced case. I am writing to you after
discussing the matter with your clerk, Freda, who informed me that it
was proper for me to inform the Court of Mr. Henson's status by
directly writing the Court as long as I filed a declaration of service
to all the parties. Mr. Henson, who was represented by private counsel
throughout the proceedings, (and at some points was represented by two
attorneys) was convicted on April 26, 2001 for violations of
California Penal Code § 422.6. He did not appear at the time of his
sentencing on May 16, 2001 having fled to Canada, wherein a bench
warrant was issued for him. On July 20, 2001, he was sentenced to a
term of 365 days, to be suspended if he agrees to serve 180 days and
be on probation for three years, pay a $2,700 fine, as well as other
conditions.

Mr. Henson is living in Toronto, Canada where he has hired an attorney
to assist him in seeking political asylum as a result of this
conviction. (See news articles attached at Tab A). Mr. Henson is a
fugitive from this Court and is now attempting to prosecute this
appeal with a court-appointed attorney provided for by the State, at
State expense. Numerous cases stand for the proposition that a
fugitive in a criminal case has no right to appeal his conviction
while a fugitive. Please see People v. Buffalo (1975) 49 CaI.App.3d
838, 123 Cal. Rptr. 308, People v. Abayhan (1984) 161 Cal.App.3d 324,
332, 207 CaI.Rptr. 607, 613, and Molinaro v. New Jersey (1970) 396
U.S. 365, 90 S.Ct. 498. Despite not even having the right to prosecute
an appeal, Mr. Henson now requests the State of California to appoint
a lawyer to represent him based upon his claimed lack of financial
resources to independently retain an attorney, while at the same time
finding resources to retain Canadian counsel for his attack on the
United States.

Such a request for appointed counsel was denied by the trial court
prior to trial. The only change in circumstances from that time to the
present is that Mr. Henson has been convicted and is now a fugitive
from justice. Mr. Henson should not be allowed to profit from his
fugitive status and the Court should not only deny his request for
counsel, but strike his appeal based on his fugitive status.

Thank you for your review of this matter.

Very truly yours,

(signed)

Elliot J. Abelson

EJA:sg