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This document can be accessed on line via the following URL:
http://www.mass-gov-courts.org/motion-to-court-20150504.html Docket number:1449CR2685 For the purposes of this case, I was arrested on October 29, 2014 by Sergeant Michael Esposito. After being booked at the Framingham police station, I was informed of the charges against me: After being in a holding cell for about two hours, Officer Christopher Burrell came by my cell and informed me that there would be two additional charges. MGL-272-99F Possession of a secret recording device MGL-272-99F Secretly recording the police I was then transported to the courthouse and arraigned by judge Martine Carroll. On April 7, 2015, an entire 5 months and 9 days after my arrest, I discover that there is actually no evidence to support MGL-272-99F Secretly recording the police The Assistant DA, Batool Raza, and judge Martine Carroll both agreed on this point. I have to conclude that the sergeant Michael Esposito and officer Christopher Burrell took two hours to contemplate filing a false charge against me. This was a deliberate and wanton act by two Framingham police officers and whoever signed off on the police report. This false charge is a felony with a possible prison sentence between two and five years. MGL-269-13a Falsifying a police report One could say that this falsification of a crime rather diminishes, if not demolishes, their credibility. It seems apparent now, that Batool Raza, and judge Martine Carroll do not believe that it undermines the police in any way. That shows their lack of credibility. Has Martine Carroll read the code of judicial conduct? According to the Code of Judicial Conduct a judge must be faithful to the law and maintain professional conduct in it.
In this PDG discovery document (pages 13-15) , provided to me by my ADA Batool Raza they had searched my pocket recorder and camera without a necessary warrant and filed charges against me for MGL-272-99F Wiretapping: Secretly recording the police . Nice legal work by the Framingham police. Perhaps, the court could explain to me as though I was a five year old, how they can sustain the remaining charge (trespassing) against me, from police officers who wantonly and deliberately, over the course of two hours, falsified a felony charge against me. The lack of evidence is clear, unambiguous and precise. I am asking that the court drop the remaining charge and this case or provide me with a clear legal ruling that justifies a police officer to falsify his report. Since he is the First Judge, I want a written and signed explanation from Judge David W. Cunis on the issue of allowing police officers to wantonly and deliberately falsify their charges without any evidence, and how the remaining charges can be sustained by the court. If he recuses himself because of his religious hostility towards me, one of the other judges can provide an explanation. I would prefer a judge without any religious affiliation if one exists. If the court insists on maintaining this legal farce, I would like to have a trial in some courtroom other than courtoom 1. I may need 3-4 hours and if I get hurried along by the presiding judge, I will ask him/her to recuse themselves. It is not the function of a judge to rush justice like David W. Cunis did. MGL-269-13a Falsifying a police report Will the police officer, Sergeant Michael Esposito even be charged with deliberately and wantonly falsifying his report ? The continuation of this case at this point makes no sense (economic or otherwise) other than to enrich the employees of the judicial branch, the court employees, the police and the Middlesex DA's office. It does however show me their vindictiveness in pursuing its critics. The court continues to press the trespassing charge knowing full well that it stems from a police officer that blatantly, wantonly and deliberately lied by charging me with MGL-272-99F Secretly recording the police without any evidence to support that charge. By this logic, they could have just as well charged me with rape or murder. MGL-269-13a Falsifying a police report This is what is called justice in the Middlesex District Court. This must be what David W. Cunis's court means with their motto:
The jury will be fascinated and highly entertained to learn about the sheer lack of honesty and integrity of the Framingham police department, the Middlesex DA's office and the Middlesex District court. Depending on the courts response, I may ask at least one district judge to testify about this policy of allowing police officers to blatantly lie. Since the prosecutor is already aware of this falsification of the police report, I will also ask her to testify to the jury so that everybody understands the legal ramifications of this policy and we can make it very public. Using his religious bigotry, David W. Cunis sent me to prison for one month on invisible evidence and had to reverse his own visual judgement but only after I spent one month in prison, not before. He never charged the woman testifying against me for perjury after she repeatedly testified that I had damaged her car. This case is remarkably similar in nature. I was told by Batool Raza that there would be witnesses against me. The charge is simply trespassing . Their testimony is simply not at all relevant unless they can testify as to whether I was standing on private or public property. Any other testimony is not relevant. Only Sergeant Michael Esposito can testify about that from his police report.
Robert Morelli
Carlos Anthony Gines
I suppose Batool Raza could say something on the issue, but so far, she's been too lazy to determine whether it's private or public property.
This portion is for Marian Ryan, the Middlesex DA, who seems just as complicit in this legal farce. This document can be accessed on line via the following URL: http://www.mass-gov-courts.org/motion-to-court-20150504.html Docket number:1449CR2685
I would once again request a change in the assistant District Attorney, currently
On April 7, 2015, five months and nine days after my arrest, she agrees that there was never any evidence to support the charge of MGL-272-99F secretly recording the police . I actually had to tell her that she had no evidence before she acknowledged that she did not have any evidence. One can detect a lack of honesty, integrity and mostly a lack of intelligence in her. Add to that her religious bigotry. I do also accept the notion that she is not allowed to make her own decisions, being a minion of the Middlesex DA's office. It seems that she accepts the notion that it's OK for the police to falsify their reports by charging people without any evidence to support their charges. I believe that this constitutes a crime. Correct me if I am wrong. MGL-269-13a Falsifying a police report At least, I would have expected her to file charges against the arresting police sergeant, Michael Esposito. If I do not get a replacement, I can only presume that this is also your position. If so, I will document it as such and file a complaint to the Attorney General of the Commonwealth. Perhaps, you can enlighten me as to why the Middlesex DA's office supports a police officer who knowingly lies on his police report. The jury in my trial will be fascinated by your response.
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The story behind Lindsey McNamara of "Feed The Piggies" fame shows us the
completely lack of integrity, honesty and justice within the Framingham police
department, the Middlesex DA's office and David W. Cunis's court in Framingham.
Her police report was written by Christopher Ottaviani (#312) and signed off by Lt. Michael Siaba (#212). Later it was investigated by L. Hendry (#145) and approved by our police chief Ken Ferguson (#128). These four approved of both charges of malicious destruction and disorderly conduct against Lindsey McNamara. All four had daily access to the counter that had allegedly been destroyed. Lindsey McNamara goes to court and both charges are dropped after the police apparently testiifed that there was no destruction and her actions did not rise to disorderly conduct. It's clear the four police officers conspired to falsify the police report claiming destruction when none had occured. Both the DA (Marian Ryan's minion Benjamin Franklin) and judge David W. Cunis knew that but failed to charge the four police officers for wanton and deliberate falsification of a police report (see MGL-269-13a). Given this, we are expected to respect the Framingham police. the Middlesex Da's office and David W. Cunis's courthouse? Nyuck! Nyuck!
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