I’ve written up an update on court yesterday (October 16th), which is below I also just want to say thank you to all the supporters, friends and family, calls and strength I have been receiving!
Below, the first two paragraphs are important updates and then I reposted the film and description of the most recent recent harassment of me.
LATEST CASE UPDATE
The judge heard oral arguments on the motion to dismiss in the furtherance of justice. This court proceeding went well–my lawyers did a great job of spelling out why the case should be dismissed. The judge reserved decision, but he did send my attorneys a letter out a few days afterwards. In this letter, Judge Fiorella indicated that he would be out of town and did not have enough time to produce the written decision before his departure. He went on to state that based on his tentative decision there would be no need for to prepare for trial. It’s clear to me and my attorneys that Judge Fiorella was planning to dismiss the case against me on October 16, 2012. We were instructed that he would issue a written decision and order that morning.
Yesterday (October 16th), Judge Fiorella responded to a motion put in by the DA to reconsider his decision of dismissal in light of a recent bogus arrest made on myself and new pending charges. The judge reserved decision again and has given my lawyers time to respond to this motion, and gave time for the DA to respond to our response of their original motion to not dismiss these charges. (NOTE: You can read for yourself the DA’s motion and, within it, its desperate attempt to paint me as a criminal and to pretend to have the public’s interest in mind, while the whole time guzzling up tax payer money on a politically motivated prosecution). In both alleged crimes, there was no one harmed besides myself, no property, no person, nothing, not even threatened, only the police were ones to use force and violence, and they of course to date have not been held accountable, and the original charges stem from over a year and half ago! The next court date the judge will most likely give his decision based on the new developments.
Both the new arrest and the old case are scheduled for November 15th, in City Court 50 Delaware at 9:30 in part 11, and at 2pm in part 6. Below is an explanation of the newest charges. Thank you to all the supporters, friends and family!
OTHER RECENT INCIDENT
Thursday, October 4, 2012, I was planning on participating in a soccer game at 7:30pm after having worked at the bookstore. I never made it to that soccer game thanks to the Buffalo Police Department. I rushed out of the bookstore to go home to grab my equipment and a sandwich. I parked right in front of my house, on the right side of the street but in the wrong direction. I have done this for years without a problem. I am regularly unloading my vehicle or running into my house to grab something then running off again. (Don’t worry I won’t be anymore!) When I came back out there were no police officers, but there was a box in the passenger side seat that I had to move to have enough room for my friend who was going to the soccer game with me. I ran the box inside into the house and less than a half minute later when I returned to my vehicle there were two officers. Attached is a statement prepared by the officers, which is not an accurate description of events. Since the DA reads and tries to use everything I write or speak on in the court against me, I will let just make use of the officers statement. I was charged with OGA obstruction of governmental administration. In addition, after being placed under arrest the police found a pocket knife in my jacket pocket. I am now facing a felony charge of criminal possession of a weapon because I have a prior misdemeanor conviction. The police booked and processed and I was required to spend a night in jail before I was arraigned before City Court Judge Craig Hannah the following morning. My truck was impounded, even though my father was there with keys to move it. The DA asked for $15,000 dollars bail for me, which my attorney, Daire Brian Irwin, vigorously argued against. Fortunately, I was released without bail and placed under supervision- probation every two weeks, I cannot leave Erie County without a permit. At a court appearance on October 10, 2012, we had on the new charges, the DA asked for a month to investigate this new “crime.” My lawyer says such a move is seldomly asked for and it has these new charges looming over head for the judges decision in my other case! At this case the DA offered my lawyer to bargain, to take combined plea deal for both cases. No thank you, both are garbage, and I will fight both. After that deal didn’t work, the DA filed a request of the court asking Judge Fiorella to reconsider his decision to dismiss the charges because I parked the wrong way and because I am such a ‘bad guy’ and a danger to the community.
The entire amount of time from when I first talked with the police to being arrested and being put in the back of the car was brief. We did not get that on video (Always remember: whenever you are in contact with the police begin taping immediately) Here, I have a video of friends and neighbors watching my truck be towed and me being taken away and them trying to get some explanations as to why this is happening, how this is protecting and serving the community? Just keep in mind I was already arrested and in cuff’s in the back of this car when this video was taken:
Things I will say:
- This pocket knife I had was a wedding present, which I received as being a groomsman in the wedding of a childhood friend this past summer. My name was actually engraved on the side of it.
- I was respectful and cooperative during the entire incident and did not do anything improper.
- I was in front of my own home. The police knew this after I told them and this fact was confirmed when I provided them with my drivers license.
- The knife is sold in New York State freely and legally.
- Though they searched for drugs and nothing was found. It should be noted that I don’t drink or use drugs.
- That this was an unjustified arrest and stop and frisk that is getting way out of control all over the USA.
- Why is the DA so hellbent on trying my case, and now using this incident which is ridiculous that should have no bearing of what happened in a case that took place over a year and half ago?
I ask every one who can please come out next month THURSDAY, NOVEMBER 15th at 9:30 a.m Part 11 with Judge Hannah, and THE SAME DATE to part 6 at 2pm with Judge Fiorella, Buffalo City Court, 50 Delaware Avenue, to await a decision on my motion for dismissal in the original case, where I was brutalized a year and a half ago simply for exercising rights guaranteed by the First Amendment and Article One, Section Eight of the New York State Constitution.
Again, thank you for all the support and I hope to see you Thursday, November 15th!