“Disappearing” Evidence
Court Records
1) The “many, many” letters I had allegedly sent to my ex-wife after our divorce. These letters were used as the basis for her to identify my handwriting on five of the prosecutor’s exhibits. At a pretrial hearing held on October 16, 2009, Judge Marks, instructed the prosecutor, Matthew Dunham to provide copies of those letters and envelopes to defense counsel. (T-18,19) He failed to comply with that court directive, and it would have been impossible for him to do so as I had never sent my ex-wife any letters before, during or after our marriage. The reason being that my handwriting is illegible. Yet on (T-375, 376) Ms. Nanni testified that she can identify my handwriting in those exhibits. (She had previously failed in a very expensive legal proceeding to break our prenup.)
2) The audio from the recorded conversation with jailhouse informant, Donovan A. Forbes, even though for obvious reasons, forbidden by both state and federal law, Judge Marks, for some “inexplicable” reason, allowed both the inaudible CD and replacement testimony as to the content of the alleged conversation also forbidden by law into evidence. If the audio had not disappeared, the actual conversation concerned opening a mutual fund account. I ended the conversation when Forbes, out of the clear blue sky, asked me, “Where does your wife work?” (Perhaps explaining the reason, why the audio had disappeared from the CD.)
3) “His People’s phone number,” That Forbes testified I wrote down for him, and according to his above testimony, he turned over to Sgt. Zimmerman. That was Forbes’ response when asked how he was going to get paid his $20,000 for the “murder for hire” (scheduled to take place four months later after his pending release.) Perhaps the reason for the disappearance of that phone number was because it was the 800 number for Fidelity Brokerage, as that was the subject of the conversation. Interesting to note the above testimony took place after Forbes was exposed committing perjury after he testified twice over, that he was not receiving any benefit in return for his testimony.
4) In relation to the above, Forbes six open charges, including three felonies that “disappeared” from his record after my trial.
5) The transcript and internal court records of jury note number #1, that was complied with, but concealed from defendant, counsel, transcript, and court record. This most severe of all court offenses would never have come to light had it not been for court clerk of Judge Mark’s replacement, Judge Vincent Dinolfo, inadvertently sending me a copy of the court reporter’s own record revealing the existence of concealed jury note #1.
6) The original unaltered map to my ex-wife’s home that primary witness, Donovan A. Forbes testified I drew for him. The version submitted by the prosecutor and entered into evidence that was substantially altered from the original that he had provided to defense counsel. Additionally, the deputy’s signature for whom the map was actually drawn for was deleted. (Deputy Tom Doherty lived in Ms. Nanni’s neighborhood.)
7) The chain of evidence as to both the inaudible wire CD and the above map that investigator Crough was responsible for maintaining custody.
8) Not only have the Monroe County Court records of my conspiracy trial disappeared, but in trying to obtain the records of the precursor proceeding for a trespassing charge in Pittsford, I became aware that those records also disappeared.
9) The opening statement in my PSI (Pre-Sentencing Investigation, used by the court to sentence me to the maximum 8-16 years, followed by the parole board’s decision, denying me parole; “Dizak wrote a letter to another inmate detailing the reasons he wanted his ex-wife murdered.” To date after numerous requests, neither the Court, District Attorney, copy of that letter either, any such letter. The reason being of course, because I never wrote such a letter. Yet another fabrication simply for the purpose of maximizing my sentence and multiple parole boards denying me parole. This after the first board had granted me parole.