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document dated February 5, 2004, which we filed as petitioner’s
supplement to petitioner’s motion for continuance, that stated in
part the following:
I unexpectedly came across some information that will
certainly satisfy my original continuance motion’s
requirement of extenuating circumstances or “compelling
reasons.” This new evidence will absolutely pass
muster with respect to justifying and legitimizing my
request for continuance. Therefore I request now
and/or I will do so in court next week (whichever is
appropriate), that I be granted a continuance in light
of the new evidence.
This new evidence is fairly involved and will be time-
consuming to present. Thus it is more practical and
useful that I do a “show and tell” as opposed to just
trying to verbally explain it to you. In fact, verbal
explanation alone will be useless.
I look forward to presenting the new evidence in court
next week.
On February 9, 2004, the day of the calendar call, petitioner
faxed a letter to the Court stating that he was physically unable
to appear in Court because of injuries he sustained in an
accident. Petitioner later provided documentation to establish
that he had been discharged from the hospital on the day before
the calendar call. By order dated February 13, 2004, the case
was continued generally.
The case was recalendared, and a notice dated April 1, 2004,
was sent to petitioner informing him that the case had been set
for trial during the Court’s September 7, 2004, Philadelphia,
Pennsylvania, trial session. The notice warned petitioner that
“YOUR FAILURE TO APPEAR MAY RESULT IN DISMISSAL OF THE CASE AND
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