My mentally ill alcoholic mother has once again brought me up on false charges for dumping out her beer. If that was not enough, the Public Defenders office of Monore County decided it would be neat to take the guy that was working on my case off it (Mike Ede) without giving the new Public Defender J.B. Afoh Manin Esq. any of my documents, paperwork, etc.
A savvy lawyer would have call for a postponement, so that they could take the time to examine my evidence & coach me on how to conduct myself. That never happened with J.B. Afoh Manin; he likes to wing things & just 'roll with it.' When the 'it' is the difference between me being black listed from employment over a false charge, I like time to prepare & react.
The defendant appeals to Parma Town Court from an order in this action of Parma Town Court, filed and entered in this action in the office of the Clerk of Parma Town Court on August 14th, 2008, which a guilty verdict for a Violation of Section 240.26 (1); Harassment in the Second Degree, and from each and every part of the order therein.
Grounds for appeal:
1. Mike Ede, Esq., of the Monroe County Public Defenders office failed to review, prepare, meet with defendant; nor did he bother to pass along pertinent paperwork that could have proven Plaintiffs past history of filing false charges on various people, including Defendant; her abusive drinking habits; past history of beating & emotionally abusing Defendant to J.B. Afoh Manin, Esq. who was Defendants fill in Public Defender. Defendant requested of Mike Ede to allow him to defend himself with the aid of Mike Ede. Defendant had a well prepared list of questions for all parties involved.
2. J.B. Afoh Manin, Esq. failed to file a continuance to postpone the case until he could have time to review the evidence Defendant had previously prepared & sent Certified mail over 1.5 months previously for Mike Ede, Esq. His response was We have to do this right here, right now. Since Defendant has mental health disabilities; he was uneasy about taking the stand, & did so in reluctance resulting from Mr. Manin's inept advice, & lack of attacking the obvious reasons Plaintiff filed false charges, which Plaintiff had done so against other people (as a matter of public record). Plaintiff was highly intoxicated (as admitted by Officer Wiebeld to Defendant; Raymond J. Helfrich after the incident) & hopped up on prescription medication at the time that Plaintiff filed false charges against Defendant.
3. Defendant had character witnesses that have known Plaintiff a combined total of (40 + 25 + 35 years) many years, one of whom was the manager of the local bar Plaintiff had been shunned from for her harassing nature while intoxicated; not to mention her ex-husband who proved in Supreme Court that Plaintiff had falsely, delusionally & wrongfully accused him of similar charges over 14 years ago. None of this evidence was allowed to see the light of day, due to the inept counsel of Mr. Manin, Esq. simply refusing to file a continuance to consult with Defendant over the many valid legal angles Defendant possessed that could have won his case; both written, physical, & past legal cases involving Plaintiff.
4. J.B. Afoh Manin, Esq. refused to question Plaintiffs drinking, prescription drug abuse, past history of filing false charges.
5. Defendant was not allowed to subpoena character witnesses that have witnessed Plaintiff drunk, harassing, fight provoking, & out of her mind intoxicated, due to the ineptness of the two Public Defenders assigned to the case.
6. Officer Wiebeld; the arresting officer was conveniently no where to be found in the court room. Defendant had two witnesses ready to testify to the fact Officer Wiebeld harassed & threatened Defendant in front of two witnesses; Mike Dunn of 170 Prospect Street, Spencerport, NY 14559 & his sister, Coleen Colichio on April 14th, 2008 at appropriately 7pm. The Monroe County Sheriffs Office is lucky that neither party has filed harassment charges against Officer Wiebeld for his actions that night.
7. The fact that Plaintiff harassed Defendant to the point of needing to be hospitalized at St. Marys for stress & depression resulting from the false charges Plaintiff filed against Defendant was never made aware to Judge Maley. Nor was the fact that Plaintiff called St. Marys hospital, nurses & staff obsessively during Defendants two week stay to the point where Joan (last name unknown), a lead staff member apologized to Defendant: Peter; I, as many of us have come to realize that your mother belongs in the 4100 unit, & you don't. She keeps calling up here drunk & out of her mind. Joan would have been subpoenaed to attest to these facts.
This appeal, along with all supporting evidence has been sent Certified mail to Governor Paterson, Hillary Clinton, Barack Obama, Chuck Schumer, Mayor Duffy, Nancy Pelosi.
Defendant proclaims his innocence & requests another trial to prove so; once & for all. Why else would he risk 15 days in jail to prove his innocence?
My basis for a complaint against Judge Schwartz is as follows:
Judge Schwartz initially denied my Appeal as a Poor Person even though I am on Public Assistance. When I sent him a letter contesting the denial based on such facts, he came up with some other excuse to sweep the issue under the rug. Within my appeal (attached) were six valid reasons of merit.
If having a Public Defenseless Attorney refusing to request a continuance to actually look over my case; forcing me to take the stand even though I have documented disabilities; refusing to question my mother regarding her level of drunkenness, past history of filing false charges, etc. is not grounds nor merit enough for an appeal, I would like to move to China and forget about this joke of a justice system. Captain Kangaroo is rolling over in his grave at the moment.
The real reason Judge Schwartz would like this to go away is the fact that the arresting officer threatened me in front of two witnesses. This whole case was not about my innocence or guilt, it was about covering up for a possible lawsuit against the Sheriff's office due to the threats that took place on the 14th of April 2008 in front of two witnesses. It was rather convenient the arresting office in question never bothered to show up for trial. It was also rather convenient that my Public Pretender #1 (Mike Ede) refused to even meet with me, nor pass along my case documentation to Public Pretender #2 (J.B. Manin).
I have shown merit in the appeal that I filed. I was never asked by the court to do anything but file a Poor Persons appeal and wait for a determination. Once being denied, I am now told that I did not submit merit along with my Appeal as a Poor Persons Application!! It is just one excuse after another to make this issue go away for those involved.
I am demanding this issue be investigated and that this complaint against Judge Schwartz be put on the record. I would also like to know what my options for appealing Judge Schwartz's decision are.
------More about this issue---
To whom it may concern,
Last week, when answering a 'cry wolf' complaint from my vodka & pill popping egg donor (Emily J. Helfrich; who never pressed charges because the last time she did, I brought 15 people into court ready to testify that she is an instigator), Officer Weibeld decided to come to 170 Prospect, 14559, and harass a long time friend of my family; Mike Dunn. Instead of handing me an appearance ticket, or formally charging me with a crime, Officer Weibeld decided to try to make up reasons to enter Mr. Dunn's residence.
Eight out of ten people might actually be stupid enough to let an law officer enter a residence without a felony in progress, nor a warrant; to plant evidence (and I have dealt with enough of you to know that this is a real possibility, and not speculation; I.E.: I've been to Texas = enough said), or what ever else he had in mind that night; yet I know what rights we the people have under the constitution. I have been advised by my lawyer, the NYS Attorney Generals Office, & the persons house that he wished to enter to file a formal complaint concerning Officer Weibeld's over reactive conduct.
Officer Weibeld was asked over five times to leave the property, once it was clear that he had no warrant or felony in progress to allow him the right to muscle his way into a persons house that had no connection to the reason he was called in the first place. And still Officer Weibeld stood out there (with his throng of fellow Officers cars blocking the drive way) with a group of his friends to show them what I looked like, what I drove, etc. Repeatedly & in front of a witness that will testify, Officer Weibeld told me more than five times; I'm gonna get you later; your my new project; I'll be seeing you again; you haven't heard the last of me, etc.. Officer Weibeld and his gang also asked me who my car was registered to, and insinuated that I would not only have Officer Weibeld following me around , but his boys too. Since gas is almost $4 per gallon; my unemployment ran out, etc., I usually drive to Walmart, the gas station, & to a friends to do my laundry. What is so against the law about my driving habits is beyond me. Why Officer Weibeld would take it upon himself to waste tax payer money following me to Walmart when the crime rate down town beats most national averages is kind of immature in my opinion. Does hassling a person with documented mental health disabilities that can not afford the medication they need at the moment make up for all the jerks that hassle Officer Weibeld due to his line of work? Is making me the scapegoat for his daily angst making the world a safer place?
The legless foot Officer Weibeld was trying to stand on (trying to make the case that he can see through a window with curtains that blocked anyone but Superman from being able to see through) would have been shot down in court with a simple photograph of said window and taking into account that it was pitch black out & the kitchen light was not on at the time. There was nothing to see even if Officer Weibeld did have the ability to see through curtains (other than Mike pouring a cup of coffee, asking me if I wanted a cup, & me putting a jacket on). And once again if I was going to hide something (and I still don't even have a clue as to what I would hide); having an I.Q. of 140 (and being a four Time Dean's List candidate at MCC), I would have hid this imaginary item in the upstairs room that I was in before I walked down the stairs. Even a Lylle Ave. crack head would have that much common sense.
Now I realize I could have been more respectful; but with the Dirty Harry/Charles Bronson attitude Officer Weibeld came off with from the get go, it was clear he had his mind made up as to who I was without even getting my side of the story.
I wish this letter to go on the record and serve as a formal complaint regarding the issues I have presented.
The resolution I am seeking is as follows:
A letter from Officer Weibeld signed by every officer that was on the scene at 170 Prospect stating that they take back their promises of retribution (tailing me, stalking me, finding a reason to hassle me, etc.).
Assurance, in writing from his superior that Officer Weibeld was just having a bad day and that he and his friends are not going to make it their lives goal to find anything they can to nail me to the cross on.
I'm not asking he be fired, or anything; just that he go back to solving real crimes and leave me out of his list of people to get even with. Go find a serial killer, or armed robber to rough up; if thats what his hobby is.
This letter has been passed along to Governor Paterson, Mayor Duffy (who knows Mike Dunn by the way), and Andrew Cumo.
Spencerport, New York