I first became aware of an apparent reversal when I visited my probation officer on November 14, 2012. My probation officer told me that Judge David W. Cunis felt bad about convicting me of a felony and wanted to vacate the charge of felony Vandalize Property ( MGL 266/126a ). This is the charge that made me lose my driver's license. My probation officer told me to go to Court Room 1. Judge Robert V. Greco was processing the last three clients in the court room. The next to last client was a young lady with an attitude. She had come up from the court room prison downstairs. As Robert V. Greco finished up with her, she was being led back downstairs and she shouted very loudly Robert Greco, you're a dick. When Robert V. Greco was finished I get the All rise and Robert V. Greco leaves and David W. Cunis comes in and I get called up front. David W. Cunis starts muttering into his microphone rather softly as though he did not want to be heard. He admitted that he had not seen any damage on her car door. The two of us had seen the door simultaneously in the trial on October 5, 2012 and it was the The Twilight Zone moment of the trial. He saw damage and I did not. The other charge of Assault ( MGL 265/13aa would stand, but that is so integrated in the Vandalize Property charge that it might also be swept aside. The next day around 1400 I requested a copy of the recording from the court for the usual $50.50 cost from the Clerk of Courts office. I also got the two pages shown below which made me think that my head would explode. Fortunately, for the janitorial staff, it did not. I can only speculate at this point that Judge Robert V. Greco who is the chief judge of the court, reviewed my case with David W. Cunis and did not see it as Judge David W. Cunis saw it. I go to court again today, November 16, 2012 in my continuing saga of injustice. Massachusetts Criminal Procedure Rule 25: Motion Required for Finding of Not Guilty Rule 25. MOTION REQUIRED FOR FINDING OF NOT GUILTY I am still mystified as to why he only vacated the felony damage but not the assault charge. In reviewing Stephanie Harris-Hodge's testimoney, the kicking of her car door was the assault, but the kicking (4-5 times according to her) produced no damage at all....so how did the assault occur. In essence, the two charges are integrated. This reversal is basically an admittance of judicial malpractice. David W. Cunis basically says My bad, let me forgive myself.. In the toiletry business, this might be called a crock of shit.

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