Perhaps It’s No Coincidence

Perhaps the prosecutor, Matthew Dunham can be excused for his incompetence as he was new to the job. However, defense counselor, Joseph Damelio, was a seasoned attorney with many years of experience. Perhaps his dismal performance was no coincidence. The same applied to the trial judge, Patricia Marks.

Perhaps its no coincidence that Judge Marks, acknowledged at a CPL 330.30 hearing following my trial, that there never was a kidnapping, but failed to correct either attorney, during the trial. (See People V. Ashwal, 39 NY2D 105 and Ventimliglia, 52 NY2d 351).

Perhaps its no coincidence that the inaudible wire CD, the contents of which was favorable to me, suddenly becomes inaudible. Yet the Judge allows it into evidence as well as replacement testimony by the state’s primary witness, a jailhouse informant, who had already been exposed committing perjury after testifying that he had not been promised any consideration for his testimony. (He had six open charges.)

Perhaps its no coincidence that defense counsel failed to ask for impeachment or a mistrial after the above.

Perhaps its no coincidence that the Fourth Appellate Dept; which usually addresses all major issues, failed to address any of the above in their affirmation of my conviction. Perhaps because my primary adversaries were members of that court, an obvious conflict of interest. A petition for recusal was denied.

Perhaps its no coincidence that attorney, David Murante, (whom I had known for many years) after spending over 100 hours in research, finding a record 18 issues to have my conviction vacated by a CPL 440.10 suddenly refunds half his fee, recommending that I apply it towards retaining out-of-town counsel, then further explains that I have little chance of prevailing in Monroe County Court and that its against his best interests to continue to represent me. He then goes as far as sending a letter to the 4th Appellate Court stating that he is not representing Stuart Dizak. (I assume he is concerned with alienating the court.)