Sorry for the remarks I made there. When I received the brief last year I thought that I am not going to need it. I was sure that any decent judge would see the all the falsehood and cynicism of the accusations…
Later I’ll provide my comments on it along with the proof that this appeal, which was presided by the judge Michael L. Pesce, was a farce.
DA Brief – TOC DA Brief Statement Of ‘Facts’
My statement of facts is here
DA Brief – Point One
- ‘defendant did not want to pay anymore’ – it is a cynical usage of my poor English. Of course, I meant that I don’t want to pay more money per month.
- ‘he denied that marshals evicted him’ – they cynically left it unanswered , making false impression that I am lying… Could they check it?
Is it in their power to check? Or is it more convenient for them to not know and make me looking like a liar!
Such utter scoundrels. - ‘… on the record defendant can be heard saying his address…’ - if I was called to DA for investigation prior to the trial, they would know, that I claim that the police phone operator intentionally did not want get my address, how I was saying it. If ,say, ten native English speakers could understand how I say my address, then it would immediately become clear that police phone operator ‘did not get my address’ on purpose, but for that ‘People’ had to investigate or at least to ask me, why I call police, but they came and arrested me. ‘People’ choose instead to twist the facts and cynically use my poor English to get me indicted at any price. I’ll provide later record showing how the operator played possum with me.
- ‘Gelman was heard yelling – Momma, help me, save me -
The whole record fit perfectly to my story – I was holding her -pushing to the sofa with my left hand and tried to call police with the right one.
When she understand that their plan (Probably with police too – I heard men voices in the hall prior the incident) failed, because the Rottweiler did not attack me and I managed to call police, she started to signal her mother who was watching the scene through the window. And later Irene figured out how she can turn the situation to her advantage.
But how this record fit to their story that I choked her?
(The utter scoundrels prosecutors Luis Barra, Esq and his manager Michael Ryan, Esq didn’t even care that one does not need to speak Russian to understand that Irene does not yell ‘Help me! Save me!’ since all what can be heard there is that she is yelling ‘Mama!’ )
Had DA investigated it, they would found it suspicious that her voice sounds louder than mine and some sounds are very repetitious. Could it be ‘doctored’ by police?
You can listen my call to police and judge by yourself if it was ‘doctored’!
But, why DA should investigate? Better to not know anything and indict poorly speaking English foreigner. - I am sick of this stupid paragraph full of lies -
If Irene has nothing to do with the rent then what was my alleged motivation for the attack? - ‘People’ are speaking about her injures as a proven fact. Was her medical records presented to the court? Then why mine were forbidden? Was it an uneven court of Judge Geraldine Pickett or ‘People’ just plain hypocrites?
- I can continue continue on and on almost on every paragraph,
but it is too disgusting …
Their Brief is nothing but a blackmail!
The presiding judge on my appeal, who declined all my motions, judge Michael L. Pesce, turned blind eye on it, probably, because he is a friend of Kings DA Attorney Charles J. Hynes.
Probably, because, Hynes was investigating possible Pesce crime before and found nothing!
Why judge Marsha L. Steinhardt signed the dreadful ruling as J.P. – I don’t know. Probably, it is what she is good for – to cover up villains.