FreeSeanFabianNow

The Issue

support the call for the New York State attorney General investigation regarding state case No. 67-I-182025, based upon state prosecutorial misconduct, state police misconduct and abuse of power, in violations of the 4th amendment (fruit of a poisonous tree doctrine), 5th and 14 th amendment (due process right), 1st amendment (right to redress), 8th amendment, 13th amendment sec. 1 and 10th amendment (separation of power) of the United States Constitution.

 


Misconduct Prior to my arrest:

 


Prior to my arrest on June 21,2018, i was stopped on interstate 87 (I-87) by trooper Matthew Ross on April 29,2016 without legal justification ( nor was i ever issued any traffic ticket or infraction related to this car stop on April 29,2016). Trooper Ross conducted a warrantless search on me and my vehicle prior to detaining me and transporting me to the New York State barracks in New york state without probable cause. Search of my vehicle recovered no evidence of a crime however, despite recovering no evidence he searched my person but did not find any contraband. Trooper Ross refused to be deterred by these failures, he then asked me would i consent to a strip search and i stated "No". He continued to violate my 4th amendment (fruit of a poisonous tree doctrine), 5th and 14th amendment (due process right) by transporting me to the Champlain Valley Physician's Hospital (CVPH) where i was forced to give up my health insurance for billing purposes and then financially charged for my force appearance at CVPH emergency room. I was illegally detained with no probable cause or warrant, nor is there any evidence that trooper Ross produced a search warrant issued by a magistrate authorizing a strip search or use of x-ray equipment. Dennis Mullaney who was the treating doctor, informed trooper Ross that the x-ray did not disclosed any foreign objects inside of me. It is strongly believed that trooper Ross refusing to accept that he was wrong, maintained an extremely close working relationship with the Plattsburgh Police Department officers and other law enforcement to launch a fake investigation into alleging me about drug activity in the Clinton County area. Trooper Ross continued to seek the means and opportunity to arrest and cause the fake prosecution of me following his outrageous conduct on April 29,2016. There is a clear correlation between the two, to establish a false pretext for arrest, to fabricate evidence which became the cause of my New York State prosecution. All this stems from the outrageous, vindictiveness conduct by Trooper Ross on April 29,2016.

 


Plattsburgh Police Department misconduct and abuse of power:

 


The Plattsburgh police department executed a search warrant that was illegal and fraudulent based upon a warrant that was null and void because i never arrived in Clinton County's jurisdiction for the warrant to be triggered. Despite this reality the Plattsburgh police Department chose to enter a specific residence outside the scope of the legal nature of a warrant. illegal evidence seized from this residence was used to establish a fraudulent (buy and sale) operation in other words (fruit of a poisonous tree) was used to establish something that never occurred. This evidence was used to validate my arrest and referral to State Prosecutor Andrew Wylie.

 


New York State Prosecutorial misconduct:

 


The New York State Prosecutor Andrew Wylie fraudulently indicted me (Sean R. Fabian) based upon Police misconduct and abuse of power. base upon the falsity of evidence at trial the state prosecutor chose to withhold (Exculpatory evidence concerning wiretap transcripts) that would have demonstrated the police abuse of power and misconduct that led to my illegal arrest and indictment. so in essence the stat prosecutor Andrew Wylie knowingly, intentionally, and willing violated his statutory standards and ethics as a state prosecutor, committed tax payer fraud by using public funds to assert a illegitimated prosecution while violating my 1st amendment (right to redress), 5th and 14th amendment (due process), and 4th amendment (fruit of a poisonous tree doctrine).

 


Separation of power:

 


 State prosecutor Andrew Wylie failed to charge me Sean R. Fabian petitioner under New York state law Article 105 which is a (conspiracy) statue. Instead allowing the federal government to improperly charge me under federal statues, when New York State should have retained jurisdiction to do so, as i am a New York State citizen who was born in a sovereign state. in doing so, State prosecutor Andrew Wylie has violated the Constitution of the United States 10th amendment (separation of power).

 

This petition had 104 supporters

The Issue

support the call for the New York State attorney General investigation regarding state case No. 67-I-182025, based upon state prosecutorial misconduct, state police misconduct and abuse of power, in violations of the 4th amendment (fruit of a poisonous tree doctrine), 5th and 14 th amendment (due process right), 1st amendment (right to redress), 8th amendment, 13th amendment sec. 1 and 10th amendment (separation of power) of the United States Constitution.

 


Misconduct Prior to my arrest:

 


Prior to my arrest on June 21,2018, i was stopped on interstate 87 (I-87) by trooper Matthew Ross on April 29,2016 without legal justification ( nor was i ever issued any traffic ticket or infraction related to this car stop on April 29,2016). Trooper Ross conducted a warrantless search on me and my vehicle prior to detaining me and transporting me to the New York State barracks in New york state without probable cause. Search of my vehicle recovered no evidence of a crime however, despite recovering no evidence he searched my person but did not find any contraband. Trooper Ross refused to be deterred by these failures, he then asked me would i consent to a strip search and i stated "No". He continued to violate my 4th amendment (fruit of a poisonous tree doctrine), 5th and 14th amendment (due process right) by transporting me to the Champlain Valley Physician's Hospital (CVPH) where i was forced to give up my health insurance for billing purposes and then financially charged for my force appearance at CVPH emergency room. I was illegally detained with no probable cause or warrant, nor is there any evidence that trooper Ross produced a search warrant issued by a magistrate authorizing a strip search or use of x-ray equipment. Dennis Mullaney who was the treating doctor, informed trooper Ross that the x-ray did not disclosed any foreign objects inside of me. It is strongly believed that trooper Ross refusing to accept that he was wrong, maintained an extremely close working relationship with the Plattsburgh Police Department officers and other law enforcement to launch a fake investigation into alleging me about drug activity in the Clinton County area. Trooper Ross continued to seek the means and opportunity to arrest and cause the fake prosecution of me following his outrageous conduct on April 29,2016. There is a clear correlation between the two, to establish a false pretext for arrest, to fabricate evidence which became the cause of my New York State prosecution. All this stems from the outrageous, vindictiveness conduct by Trooper Ross on April 29,2016.

 


Plattsburgh Police Department misconduct and abuse of power:

 


The Plattsburgh police department executed a search warrant that was illegal and fraudulent based upon a warrant that was null and void because i never arrived in Clinton County's jurisdiction for the warrant to be triggered. Despite this reality the Plattsburgh police Department chose to enter a specific residence outside the scope of the legal nature of a warrant. illegal evidence seized from this residence was used to establish a fraudulent (buy and sale) operation in other words (fruit of a poisonous tree) was used to establish something that never occurred. This evidence was used to validate my arrest and referral to State Prosecutor Andrew Wylie.

 


New York State Prosecutorial misconduct:

 


The New York State Prosecutor Andrew Wylie fraudulently indicted me (Sean R. Fabian) based upon Police misconduct and abuse of power. base upon the falsity of evidence at trial the state prosecutor chose to withhold (Exculpatory evidence concerning wiretap transcripts) that would have demonstrated the police abuse of power and misconduct that led to my illegal arrest and indictment. so in essence the stat prosecutor Andrew Wylie knowingly, intentionally, and willing violated his statutory standards and ethics as a state prosecutor, committed tax payer fraud by using public funds to assert a illegitimated prosecution while violating my 1st amendment (right to redress), 5th and 14th amendment (due process), and 4th amendment (fruit of a poisonous tree doctrine).

 


Separation of power:

 


 State prosecutor Andrew Wylie failed to charge me Sean R. Fabian petitioner under New York state law Article 105 which is a (conspiracy) statue. Instead allowing the federal government to improperly charge me under federal statues, when New York State should have retained jurisdiction to do so, as i am a New York State citizen who was born in a sovereign state. in doing so, State prosecutor Andrew Wylie has violated the Constitution of the United States 10th amendment (separation of power).

 

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Petition created on March 23, 2022