Inherently Incredible Testimony

Donovan A. Forbes

Primary Witness, Jailhouse Informant Donovan A. Forbes

Grand Jury testimony:

On August 31, 2011, my appellate counsel, Bernard Udell, submitted a motion to Monroe County Court requesting a permission to include one page of Forbes’ Grand Jury testimony in my then forthcoming appeal to the Fourth Appellate Department.  To quote the most relevant issues:

Two fellow inmates were the state’s critical witnesses.  Trial testimony showed that neither of the two “hitmen” knew the ex-wife’s last name, what she looked like or whether she lived upstairs or downstairs in the two-family home in which she testified to having lived.

Further, when asked how they were going to get paid, inmate Forbes responded, “I’m not sure” and then said he was handed a phone number to call afterwards.  Absent however, from both trial testimony and evidence was what that number was or who it belonged to.*  The second inmate answered. “Afterwards, I was to come back to jail and pick up my $20,000.”  (Absolutely absurd.)  He was going to murder Dizak’s ex-wife and then come back to jail and pick up his $20,000 in cash. This when Dizak would obviously be the prime suspect and even more incredulous was how was Dizak going to have $20,000 in jail?)  (That phone number was amongst the many items of “alleged” evidence that would later “disappear.”)

Forbes further told the grand jury (page 16) that Dizak told him that he was to go to the ex-wife’s house in the morning “when the daughter would not be there….and use the back door.”  The difficulty with this witnesses’ testimony which the People cannot deny, is that the ex-wife has no daughter, no children of any kind, and the home has no back door.

 *Perhaps the reason was because it was the phone number of Fidelity Brokerage, the topic  of our discussion.

Note: Although the above was approved by Monroe County Court for inclusion in Dizak’s appeal, the Fourth Appellate Department made no reference whatsoever, to any of the above in the possibly predetermined outcome in the denial of his appeal.

Donovan A. Forbes

A jailhouse informant, who had been exposed in cross examination, that he had lied when he testified that he had not received anything in return for his Testimony…. After my conviction, his six open charges, three of which were felonies, “disappeared “from his record. Equally significant was his incredulous testimony in replacement for the inaudible wire CD. This detailed the murder for hire plot, finally testifying, “she got him for a lot of money.”

On the contrary, as a result of the prenup all Ms Nanni received was $50,000 payable over five years, ending in 2005. Therefore, what motive would I have to harm her, eight long years after our divorce, and an additional four years after the final payment.

 

Judy Nanni, Ex-Wife, Allegedly Intended Victim of Murder-for-hire plot:

Judy Nanni,  a name that carries a tale of intrigue and deception. Let’s share with you the remarkable saga of Judy Nanni, a woman whose life took unexpected twists and turns.  Ms Nanni knowingly and falsely testified that she could identify Stuart’s handwriting in the prosecutor’s exhibits based on the many, many letters he had sent her after the marriage.  Even though the court directed the prosecutor to provide copies to the defense, he did not and could not as Stuart had never sent a single letter to her before, during or after their marriage. To back up the prosecutor’s accusations, she also falsely testified that Stuart had kidnapped her. The only purpose of her testimony was to prejudice the jury as without her testimony most likely a not guilty verdict.

The Illusion of Success:

  • When Stuart first began dating Judy Nanni, she painted a picture of remarkable success. She claimed to be the CEO of a large payroll company, poised for an imminent public offering. Her offices, her appearance and her lifestyle all appeared to corroborate this narrative.
  • However, reality diverged sharply from her portrayal. Stuart only discovered the truth as a result of a front page newspaper article, this just a few months before their scheduled wedding. The company, Compucheck, was in reality on the verge of bankruptcy. Judy and her father (who was the actual head of the company but could not serve as an officer as he was a convicted felon) both filed for personal bankruptcy.
  •  Worse yet, both of them were being investigated for tax and stock fraud.  The legal and financial challenges were to affect her reputation and personal relationships, having a cascading effect on her life.
  • Stuart initially called, telling her what he had learned, and the engagement was over. She responded by begging him to reconsider.  She told him that she had not been truthful with him as she was afraid, he would leave her. Regardless, Stuart went into such a deep depression that he had to be medicated.
  • When they met with the attorney who prepared the prenup agreement, Ms Nanni became extremely upset stating that she did nothing to deserve a prenup, following up with F–k both of you, then storming out of the office.  He turned to Stuart telling him, “She is a textbook example of a narcissist. Stuart, forget the prenup. Turn and run as fast as you can!”
  • Against everyone’s recommendation, Stuart still decided to go ahead with the wedding, but only with the prenup which he considered to be an insurance policy since he did not expect the marriage to last more than a couple of years. (I later learned that most of my friends only    gave it only six months.)

However, unexpected by everyone including Stuart, at end of those two years the marriage was going quite well and continued to do so until the very sudden end almost four months before their 10th anniversary when she suddenly moved into an apartment that she had apparently previously rented. Stuart was shocked and once again went into a state of depression. 

However, several months later she called him to apologize, requesting a four month reconciliation which would run through their 10th wedding anniversary. Once again, against everyone’s advice, Stuart accepted her proposal. This even though in the meantime he learned that Judy, halfway through their marriage, had rented an apartment located between their home and her office. (Stuart’s later explanation, in almost every contest between the heart and mind the heart usually wins.) A prominent psychiatrist stated, “Judy is a world class actress. She deserves an Oscar. I’ve been at this for over 30 years, and she almost had me fooled.”  

For further details of Ms Nanni’s numerous deceptions and perjured testimony, see the heading, MOTIVE.