CONDEMNED TO LIFE IN PRISON DUE TO THE 3 STRIKES LAW FOR A CRIME I DID NOT COMMIT!!

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 Hi, I am Dino Caroselli, also known as Wayne Horan.  I am seeking assistance of any type (i.e., legal publicity or merely signing my petition), in forcing the Kings County District Attorney (Hereinafter "Kings Co. DA") to take a second look at a wrongfully obtained conviction coerced by its office in 1985.         

The Kings Co. DA's Office while under Charles Hynes is responsible for committing serious misconduct, by the very act of obtaining indictment     5319-84 against me and subsequently coercing the conviction under that indictment with false evidence.  An everyday citizen would have been subjected to imprisonment for this immoral act, but not a prosecutor from the Kings Co. DA's Office during Charles Hynes reign (Attachment 7 [ 2015 news article, "former DA critics predict 100's of millions for wrongful convictions"])

http://www.brooklynpaper.com/stories/38/4/all-hynes-cost-to-city-2015-01-23-bk_38_4.html

The evidence which I will show you later in this petition will clearly establish my innocence, this evidence was purposely secreted by the Kings Co. DA and only obtained by myself recently.  I brought the recently discovered exculpatory evidence to the attention of the Kings Co. DA who refused to clear my name and this miscarriage of justice.  The Kings Co. DA denies review under the guise that I had an opportunity to bring the matter to the court's attention in a prior post-conviction motion but failed to do so and therefore waived my statutory rights to a de novo review.

The Kings Co. DA continues to muddy the waters with their response because it was impossible for me to argue this matter without the proof to establish my claim when I filed that prior post-conviction motion, proof which was purposely withheld by the Kings Co. DA.  The DA is avoiding he issue of my innocence which violates both the New York State and United States Constitutions and the prosecutors code of ethics.

In 1984 the Kings Co. DA's Office employed Assistant Prosecutor's Donna Recant (case manager) and assistant prosecutor Abraham Friedman, both were overzealous and neither were angels.  Their only intention was to obtain another notch in their belts.  Although, each took a sworn oath to convict the guilty and set the innocent free.  They knowingly submitted fraudulent evidence to the grand jury to wrongfully obtain an indictment and later used that same false evidence to coerce me to enter a guilty plea to a crime I did not commit.  After serving five years imprisonment on that wrongful conviction I lost whatever faith I had in the judicial system and humanity.  My life thereafter spiraled out of control and I didn't believe that fairness existed.  Even now after serving that unjust prison term, I can't get a fair review on the merit of my claim of innocence.

If you are still reading this then there is still hope for me.  The ultimate mission of the judicial system is to uphold justice, to protect the liberty interest of all its citizens whether the victim of a crime or the accused (i.e., in the case of a wrongfully accused individual).  The duty of the prosecutor is to ascertain the factual truth.  Albeit, my reality has proven differently.  Unfortunately, many prosecutors are more concerned with obtaining a record of convictions rather than seeking real justice, all at the cost of innocent lives.  Please, if you are in a position to aid me.  I beg you to do so. 

                                               AUGUST 31, 1984

In early summer 1984, Neil Heaney and I were hanging out in neighborhood bars.  After a pool game we got into an argument which led to a fist fight, and Heaney throwing an object which broke my automobile windshield.  During this period I was married and my wife went on a Labor Day camping trip with our nieces.  On august 31, 1984 at about noon I arrived at the Federation of Eagles social club in Bay Ridge Brooklyn, where I played poker and consumed alcohol with other club members.  At approximately 11:00 pm Heaney arrived at the club ( I had not seen Heaney since he broke my windshield).  Although, I was somewhat intoxicated, I distinctly recall telling Heaney, "Step outside, we've got some unfinished business, you broke my windshield".  Heaney offered to pay for the cost of a new windshield but I was insistent on fighting.  We continued to argue and other club members attempted to intervene to quell the dispute causing additional arguments, especially between myself and James Whalen who spit at me and whom I punched.

Heaney decided to pay me a partial payment of $120.00, and the remainder at a later date.  I quieted down and went back to playing cards and drinking.  A few hours later I was feeling intoxicated and went off to the side and dozed off in a lounge chair.  The next thing to occur was the arrival of the Police, whom I informed, that "I fell asleep in the bar".  Attachment 6 (initial statement to Police).

 

 https://www.facebook.com/photo.php?fbid=279319712489386&set=a.108012619620097.1073741826.100012340774285&type=3

                                THE WRONGFUL CONVICTION

On September 1, 1984, Neil Heaney and James Whalen made false charges against me. (Attachment 1 [Heaney's  sworn affidavit]).

https://www.facebook.com/photo.php?fbid=274031229684901&set=pcb.274033026351388&type=3

I was falsely accused of robbing Heaney (sole witness) of $120.00 with a 38 caliber handgun in the Eagles Club, then secreting myself inside the club with the intent to steal money.  NONE OF THIS OCCURRED!  Heaney and Whalen lied to the police and the District Attorney's Office in retaliation for fighting Heaney at the club earlier.

After my arrest, Heaney and Whalen admitted lying to authorities and that I was really innocent of the charges, and only assumed I would get into a little trouble.  When Heaney and Whalen found out they falsely got me into major trouble, they were "insistent upon dropping the charges". (Attachment 2 [ Notations in District Attorney's file]).

https://www.facebook.com/photo.php?fbid=274029596351731&set=pcb.274030676351623&type=3

Assistant Prosecutor Abraham Friedman refused to let the case go and  promised to prosecute the case without  a complaining witness.  Assistant prosecutor friedman then stacked the cards in his favor by asking the court to allow a toy gun located in my car (along with other children's toys) into evidence as the weapon used in the alleged robbery, knowing police conducted a thorough search of my person and the club.  No weapons were discovered by the police and that this toy gun had absolutely no relation to the alleged robbery (Attachment 3 [Recently discovered and purposely withheld District Attorney's Office document, showing the toy gun was not used in the alleged robbery]). 

https://www.facebook.com/photo.php?fbid=274028943018463&set=pcb.274029206351770&type=3

Assistant prosecutor Friedman was elusive when tricking the court into admitting flase evidence to gain the conviction against me, assistant prosecutor Friedman's impropriety can be clearly evinced from the following colloque between himself and the court on May 22, 1985 when the defense moved to suppress the toy gun:

           THE COURT:  Now teach me, is this toy gun the robbery piece?  Is that the displaying a weapon in the alleged robbery?

          MR. FRIEDMAN:  In the robbery there was a weapon displayed that's why we have robbery second.

           THE COURT:  So, it does address the robbery.  That is what I'm getting at.  Now we don't know positively, do we whether or not you will most positively have the witness who had been robbed here to testify, Mr. Friedman?

           MR. FRIEDMAN:  That's correct! (Attachment 8 (Opening proceedings, 5-22-85, pp 18-19]).

https://www.facebook.com/photo.php?fbid=279318865822804&set=pcb.279319212489436&type=3

This specious tactic was assistant prosecutor Friedman's way of having the toy gun improperly introduuced into evidence without committing himself when he stated in response to the court's inquiry concerning the use of the toy gun in the alleged robbery:  "In the robbery, there was a weapon displayed that's why we have a robbery second", this improper response was the trick in which assistant prosecutor Friedman consciously rigged the evidence in his favor i hope of cleverly coercing a conviction, in a case where he didn't have a witness  Assistant prosecutor Friedman had a duty invested to him by law as an officer of the court to "deal fairly wit the accused and be candid with the court"  People v. Steadman, 82 NY2d 1, 7:.

Prior to the hearing to suppress the toy gun assistant prosecutor Donna Recant wrote to her boss informing him that at the time I was arrested the sole witness and victim of the alleged robbery Heaney stated to police, "that was not the gun used in the robbery."  (Attachment 3 [recently discovered and purposely witheld Kings Co. DA's office documents, showing the toy gun was not used in the alleged robbery]).

https://www.facebook.com/photo.php?fbid=274028943018463&set=pcb.274029206351770&type=3

One of the main reasons I entered a guilty plea, albeit being innocent of the crime can be clearly evinced from letters I wrote to my then appellate attorney (Attachment 9 [Letters I wrote to appellate counsel from 1985-1987]), where I specifically stated, "The only reason I took a plea had taken a plea are my motion to suppress was denied".

https://www.facebook.com/photo.php?fbid=279315162489841&set=pcb.279318335822857&type=3

The Kings Co. DA Officials were well aware that the toy gun was not the alleged robbery piece and that the assistant prosecutor Friedman mislead the court into introducing the toy gun into evidence, to coerce a guilty plea, and when the plan worked out, assistant prosecutor Friedman coerced me to include the toy gun in my plea allocution.  As we all know now when I entered that guilty plea it was involuntary entered because I was coerced into making a false confession, which is evident from the following plea allocution made on May 23, 1985:

THE COURT:  Tell me how you did it.  Go ahead you got to make yourself guilty at this point, you understand that?  Let me finish, or I can't take a voluntary plea.  Go ahead.

THE DEFENDANT:  Well, me  and Neil had a dispute, my windshield was broken.  I wanted money for my windshield.  I met up wit him in the bathroom and told him to turn over the money.  I hit him wit my hands and attempted to take the money.

THE COURT:  You intended to attempt to take the money from Neil Heaney by force, am I correct or not?

THE DEFENDANT:  You are correct.

THE COURT:  I think that makes out the graveman,  don't you DA?

MR. FRIEDMAN:  I'm not clear on what the force was.

THE COURT:  Tell him again, he just said it.

THE DEFENDANT:  I hit him with my hands.

THE COURT:  Sufficient force.

THE DEFENDANT:  I was angry I used my hands.

THE COURT:  That's sufficient force, the intent, there is the intent to use force.

MR. FRIEDMAN:  Your Honor, since it's robbery 2...

THE COURT:  Approach the bench.  (Discussion off the record).

THE COURT:  Was there a toy gun involved in this?

THE DEFENDANT:  Yes

THE COURT:  Did you display it so to speak?

THE DEFENDANT:  Yes

THE COURT:  Okay?

MR. FRIEDMAN:  Yes your Honor.  

(Attachment 10 [My plea allocution transcripts, pp 9-10]).

https://www.facebook.com/photo.php?fbid=279314529156571&set=pcb.279314775823213&type=3

 

 During that plea allocution and after the Court conducted the "Discussion off the record", with defense counsel and assistant prosecutor Friedman, counsel informed me that the Court would not accept my guilty plea unless I agreed to the prosecution's demand to admitting the use of the toy gun that the prosecution had introduced into evidence. I was afraid and confused and admitted using the toy gun and committing the robbery although it is evident from the purposely withheld Kings Co. DA's office records that the toy gun was an innocent object having no relation to the alleged robbery (Attachment 3 [Recently discovered and purposely withheld Kings Co. DA's Office documents, showing the toy gun was not used in the alleged robbery]). 

https://www.facebook.com/photo.php?fbid=274028943018463&set=pcb.274029206351770&type=3

Moreover, the Kings Co. DA's Office, allowed Whalen to falsely testify before the grand jury, knowing that Whalen did not own the building or rent the loft where the Eagle's Club was located.  Additionally, I did not secret myself inside the club to steal money as charged within theindictment.  I had approximately $1200.00 in my possession.  I also located prooof which establishes that Whalen and the DA's Office lied when it was stated that Whalen called the Police Emergency number (911) and stated that the club was being burglarized, when in fact, Whalen unequivocally informed police during that 911 emergency call that he "accidentally" locked me inside the club (Attachment 4 {Whalen's 911 call to Police]).

https://www.facebook.com/photo.php?fbid=274028366351854&set=pcb.274028656351825&type=3

Because of the introduction of fraudulent evidence, the purposely withholding of crucial exculpatory evidence, flase testimony and other misconduct perpetrated upon me by the DA's  officials, my lack of education and advice from my attorney premised upon that false evidence, I entered a guilty plea and served five years imprisonment (Attachment 5 [Attorney Albert Arrone's Affidavit]).

https://www.facebook.com/photo.php?fbid=274027883018569&set=pcb.274028073018550&type=3

The second injustice perpetrated upon me by the DA's Office wa in 1993, when I was sentenced for a subsequent conviction.  The wrongful 1985 was used as a basis to enhance my current sentence under New York State's 3 strike's law, from a 10 to twenty year term of imprisonment to a 65 year to life term of imprisonment.  I now have forty years left before I will be seen by my initial parole board at the age of 105.  Mass murderers are sentenced to less than my current term of  imprisonment ( ["Condemned under New York State's 3 strike law for mediocre crimes"])

https://www.change.org/p/andrew-cuomo-change-new-york-state-s-3-strikes-law-i-am-condemned-for-mediocre-crimes

The DA's Office is responsible for causing the 1985 wrongful conviction and the wrongful 1993 65 to life imprisonment sentence which the Kings Co DA has a duty by law to correct or at the very least investigate.

I have a slew of additional evidence to support my innocence.  Also see my proposed letter to Governor Andrew Cuomo

https://www.facebook.com/photo.php?fbid=213888872365804&set=pcb.213890342365657&type=3

Also see letter to Kings County District Attorney's integrity Unit.

https://www.facebook.com/photo.php?fbid=166191940468831&set=pcb.166192167135475&type=3

Also see other info on my face book page 

https://www.facebook.com/dinocaroselli

Thank you for taking the time to read my petition and please sign the petition.  Together we can force those elected officials to conduct themselves in a proper lawful manner, and to what's lawfully correct instead of passing the buck and denying the unlawfully convicted their freedom!  Every Saint has a past and every sinner has a future!

                                                                        THANK YOU

                                                               DINO CAROSELLI

 

 

 

 



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