30 Years, Marijuana and
Methamphetamine Conspiracy
My case involved marijuana, which I admitted to, and that
is why I plead guilty. However, one of the confidential informants
in the case testified that methamphetamine was also involved.
This is not true, and I believe it was added because methamphetamine
carries so much more time.
My attorney, George Roylston,
told me that prior to being sentenced I would receive an evidentiary
hearing, at which time all this would be sorted out. After fourteen
months, I had not received anything from Mr. Roylston by mail:
no discovery, no answers to my letters, no copies of pleadings
or court orders, and no Presentence Report. I learned that my
codefendants had all received their Presentence Reports. I was
told by my probation officer that I should have received mine
a month earlier, and she mailed the report to my attorney. I
saw it only because I asked a friend to go to Roylston's office,
make a copy and send it to me. When I finally got it, I called
Mr. Roylston and told him I objected to everything in it except
my name. Again, I was promised that everything would be ironed
out at the evidentiary hearing. I never had this evidentiary
hearing which would have resulted in a sentence of four to five
years for the marijuana I actually sold. As a result of Mr. Roylston's
failure to represent me, I was sentenced to 30 years.
After my conviction, I filed a formal complaint against Mr.
Roylston with the Arizona Bar Association. As a result of the
investigation, stemming from my complaint and the complaints
of others, he was disbarred.
The spokesman for the Bar Association said that Mr. 
Roylston could not answer a 12-count bar
complaint that alleged he accepted retainers but performed little
or no work for his clients, and that he failed to diligently
pursue his clients' cases. With competent counsel, I would not
have received the harsh sentence of 30 years, which unless things
change, will make me 75 years old when I get out.
Updated - 12/20/00
Theodore Berkey 03837-196
FCI Tuscon
8901 S. Wilmot Rd.
Tuscon, AZ 85706-9700
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