This is important because my son, and I are suffering at the hands of an unjust court, and seeking investigation, and relief, into our wrongful convictions by the District Attorney, Samuel C. D'Aquilla, and 20th Judicial District Court in East Feliciana Parish. We are innocent victims of unfounded criminal charges, persecution, discrimination, and malicious convictions. I feel this was done in retaliation because I filed a complaint/and on Youtube (1st Amendment Right), I was falsely arrested on a felony theft charge I didn't commit. I hired a contractor, ( Ms.), during the aftermath of Hurricane Katrina. I overpaid the contractor when I failed to deduct prior payments I had advanced him. When I asked him to return the check, $7,574, he refused. I stopped payment. He illegally withdrew the funds from my account electronically. My Credit Union, Pelican State gave me a Forgery Affidavit in error to dispute the bad transaction. The money was replaced in my account. I held the money anticipating a compromise, or small claims court. He filed criminal charges against me, alleging I stole his labor when I stopped payment on the check, and I said he forged my name by me using the Forgery Affidavit. I was arrested, jailed for theft and placed on a $15,000 bond. Excessive Bail, 8th Amendment. There was no prior investigation by the D A's office, or Sheriff, Probable Cause, 4th Amendment . There was no Preliminary Hearing, 4th Amendment. I was later maliciously convicted of felony theft and remanded back to jail on a $25,000 bond, (Cruel Unusual Punishment, and Excessive Bail), 8th Amendment. The contractor was unlicensed and un-bonded, didn't supply building materials per his contract, used some of my old building materials, and never finished the job.
I requested recusal of the D A. The request was denied. My Credit Union admitted their mistake in a letter of apology, and to Probation and Parole in a Pre-sentence Investigation. My conviction remains. I net $582 a month (LASERS), and ordered to pay $388 a month, (Cruel and Unusual Punishment, hardship), the 8th Amendment. I feel this is unfair and illegal,and should be investigated. These fees should have been at least calculated based on my earnings, as directed by the Appeals Court. During the Summer of 2009, my then 17 year old son, Matthew was accused of indecent exposure by a senior educator, while working at his school, as he had done without incidence since age 15. She claimed she saw him indecently exposed while walking on a hall behind her. There weren't any witnesses. Her story sounded suspicious. I asked to see school cameras, but was ignored. I voiced my suspicions about this educator's story (sexual harrassment, predator) to the school superintendent, such as why she followed him down stairs, outside? Why she didn't report it until four days later, and others were in the building, including his supervisor. She told me she asked Matthew if he was modeling for her, etc.? After I spoke to the superintendent she became angry and retaliated by filing charges against Matthew. District Attorney, Samuel C D'Aquilla, serves as legal counsel to the school board, taught under the same school board, and at my son's school prior to becoming D A. I feel Mr. D' Aquilla already had a vendetta against me. He had previously told me he would arrest my son and he would stay jail, in the presence of family members and others, (A clear conflict of interest). He followed though on his threat the very next day. Mr. D'Aquilla refused to recuse himself, and a motion for recusal was denied.
When Louisiana Board of Education(BESE Board) Lester Hitchcock said they couldn't legally keep Matthew from attending his school as they had tried, and if they continued to file a Civil Suit, Matthew was allowed to return to his school August 07, 2009. Ironically, this same day a senior educator in the middle school filed a complaint alleging she had seen him exposed as well, one day in June, (2 months earlier) but didn't say anything at the time? Yet this is a zero tolerance school. Again, when I asked about cameras, and witnesses I was ignored. Both educators applied for restraining orders? Matthew maintains his innocence, and has never acted or did anything remotely closed to what they alleged, and denies ever knowing the second educator. Why senior citizens? There was no evidence, and no investigation. It was their unsubstantiated word alone against his, on two separate occasions. As his parent I had a right to see camera footage, etc. He was never offered an opportunity to tell his side of the story, nor was I. He was first placed on a $10,000 bond, Cruel and unusual Punishment, 8th Amendment, then Illegally removed from school, placed on a 72 hour hold, and jailed for five days, then placed on a $40,000? (illegal, 4th Amendment, and deprived of his education) He eventually returned to his school, and graduated, but still had two counts of Felony Obscenity against him (Due Process)until recently, April 24, 2012. He was wrongfully convicted on 2 counts of Felony Attempted Obscenity, ( school to jail, pipeline to prison). He is 20 years old. His life is ruined, and so is mine.
He is scheduled to be sentenced in October 23, 2012 My property is still being held. Neither one of us can move forward, vote, get jobs, etc. We are not second class citizens! I feel the charges and convictions against us are retaliatory and and misuse of the criminal justice system to destroy innocent people. I feel these are hate crimes and systemic racism. Neither one of us had criminal records. This petition is important because we need relief from the injustice that has been done against us, and our wrongful convictions investigated, overturned, and set aside. Louisiana has the highest incarceration rate in the entire prison nation. This means it is the highest in the world, and most are African American males. Billions of tax dollars are wasted this way. I DIDN'T WAIT UNTIL AGE 52 TO TURN TO A LIFE OF CRIME, NEITHER DID MY YOUNG SON. THERE ARE FAR TOO MANY INNOCENT PEOPLE BEING VICTIMIZED BY OFFICERS OF THE COURT, WHO HAVE TAKEN AN OATH TO UPHOLD THE LAW, AS A RESULT INNOCENT PEOPLE ARE BEING WRONGFULLY DISPLACED TO THE CRIMINAL JUSTICE SYSTEM.
Matthew D. Moore