“A Sorry Tale Indeed” as Jerry Halberstadt called it at https:/StopBullyingCoalition​.​org

“A Sorry Tale Indeed” as Jerry Halberstadt called it at https:/StopBullyingCoalition​.​org

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Vickie Ellers started this petition to Ontario County District Attorney D.A. James Ritts and

I was a witness to a woman who was harassing a tenant who is deaf. I called 911, but the operator did not give the two police officers vital information from my call, if they had received this information, they would have been able to confront the two women who were lying to them; they had my address but no information. I waited for an officer to take my statement but no one came as I was later told it is no longer an automatic visit after a 911, call you must request it.

This incident happened on July 12, 2018, the first court date was August 20, 2018, the final court appearance was September 24, 2018, the date of the actual arrest was August 10, 2018, according to the Canandaigua Police Department. This case against this innocent man was finally closed on March 29, 2019. This is a long period of time to distress so many people. My neighbor was charged with harassment as his accuser told the police that he shoved her but she remained standing, I did not see this happen.

This woman is harassing a deaf individual at a hall window in our apartment building in  Canandaigua, NY. I am witnessing the accuser as she is interfering with my neighbor who is opening the window in order to draw a cross breeze into his apartment, however, this is none of the accuser's business; the accuser lives on the first floor, and the accused lives on the second floor where this incident took place; it is a tenant/ landlord issue. As this woman is approaching the accused, she is speaking loudly to him and tells him to close the window the air conditioning is on, I hear this and stand up so I can look down to see who is at the window, I see it is a woman who lives on another floor. I know there is no air conditioning, I then hear her calmly say “call the police” she sounds annoyed but not angry. I thought this is not an issue for the police, it is more of a tenant /landlord issue, but a peace officer will come and will probably send her away, as the accused is doing nothing wrong; he is opening the window for the cross-breeze, which brings in cooler air. 

This woman, his accuser, is escalating herself, it seems by his demeanor that he is ignoring her because he is deaf and knows AC does not exist, her friend, the complainant knows this as well as she lives on this floor. The woman continues yelling at this man who seems puzzled by her involvement as he continues trying to keep the window open, he is using sticks; this woman is escalating herself, he is silent and cannot hear her or understand why she is bothering him? AC does not exist. I watch her as she does seem frustrated with him for not obeying her commands, she becomes hostile and aggressive towards him, as she is yelling,” NO NO AIR CONDITIONING, AIR CONDITIONING!! " she grabs the sticks and yanks them out of the window throwing them down on the sill, the window with its heavy metal frame free - falls slamming down onto my neighbor’s finger, she frantically yells out, “ CALL THE POLICE!!!!!" I get my phone and call 911, I am afraid for her, she sounds scared. I find out three weeks later when he is summoned to court, why she sounds so frightened; it is because she has caused him injury and is apparently afraid of his reaction as he is now experiencing intense pain. I know this to be true as I met with his interpreter three weeks later after this incident, my neighbor showed me his finger with a very teary face, it looked awful, the interpreter told me his finger was injured when I saw the window fall. When the police arrive they have not been given the information from my 911 call as I said, "it was a tenant dispute over a window, one tenant wants it open for the breeze, he is our immigrant and doesn’t speak English, the other tenant wants it closed, she thinks there is air conditioning but there isn’t any;” he said we already have a car on the way “ I said good! because it’s getting pretty heated down there and I’m afraid she might get hit" as I could hear more commotion from her, I never heard his voice and I know his voice very well. I put the phone down and went back to the window, the commotion had stopped and she was walking away. I was afraid that her bad behavior would cause him to strike out at her. I knew by her provocation this could happen. The police do not have my information; they only have the lies that these two women have “outrageously”  told them, that my neighbor is opening a window causing the AC to escape, this is why SHE is interfering with him,  but AC DOES NOT EXIST, PERIOD! The police cannot understand my neighbor’s demonstrations and without my information, they can not understand what has really happened to my neighbor. I was waiting for them to come to my apartment after I let them into the building, without knowing that AC does not exist the officers cannot confront these two liars. The police now write an inaccurate and incomplete police report which appears to be biased for this woman who is a liar, you, the D.A., or your office reads it and accepts it as written, allowing his accuser to press charges against this deaf man, who was bullied and is the actual victim in this case.

Mr.Ritts, you told me in an email that your recollection of this case was that my neighbor was moving or removing an AC unit or units and was advised not to do that, but AC does not exist. The impression I received from your email is that I am a complaining witness. You yourself, or your office have not followed the protocol for prosecutors which is titled “The Right Thing” I will refresh you concerning this topic. It says, What does this mean? It means - you - (the prosecutor) have great power to alter the lives of many people: people accused of crimes, people victimized by crimes, their families and friends, and the community at large. A criminal charge may be life-changing to an accused or victim; it must never be taken for granted. Handle it like a loaded gun; never forget its power to protect or harm.

It means we (you) keep an open mind. Not every person who is suspected should be arrested, not every suspect who is arrested should be prosecuted, not every case should be tried, and not every trial should be won. We (you) have the freedom and with it the ethical duty, not to bring a case to trial unless we (you) have diligently sought the truth and are convinced of the defendant’s guilt. Even then, none of us - not the police, the witness, the prosecutor, the judge, nor the juror, - is omniscient or infallible. Like all lawyers, we have an ethical duty to zealously advocate for our client. But unlike other lawyers, the clients we represent are the public, whose interests are not necessarily served by winning every case. A guilty verdict serves our client’s interest only if the defendant is in fact guilty and has received due process. 

So you see Mr. Ritts, this vital information from “The Ethical Guidelines for Prosecutors” was missing in my neighbor’s case, we were also at the mercy of an ineffectual public defender who did not follow the appropriate protocol for the deaf that do not know ASL. When I told this P.D. what I saw and heard, he told me he was going to try to get the case dismissed, I thought that was good as the women were liars, no AC, they were harassing him, this case had no merit due to this outrageous lie, these women have no credibility, how could you believe anything else they say or makeup. This P.D. used an inappropriate dismissal for this case which was an ACD, it should have been a full and complete dismissal or a reversal of the charges, but this ACD made my neighbor appear guilty and aggressive at the final court appearance, this P.D. was not present to defend this innocent man before this judge who was given another lie from his accuser by the acting prosecutor, he reads “the woman wants the refugee to know that in this country you cannot put your hands on other people” emphasis on country and sounds like a reprimand, he then extends an order against him for 6 more months telling him if he doesn’t get into any more trouble his arrest record will be gone. This judge has humiliated him in front of all present, this innocent man that no one has understood tries to rebuttal this lie, as they now are using the appropriate interpreter for the deaf that do not know ASL, but this interpreter stops him, the court is only using this interpreter to speak to this man, he is not allowed to be heard, and the stand-in P.D. says nothing on my neighbor’s behalf, even though my neighbor was innocent and was the true victim, he was falsely accused of letting out AC which was fabricated to the police, a victim of bullying all the way into the court system; but not only did these bullies win in court and waste taxpayer money for 4 court appearances and 5 different interpreters who had to be paid extra for their services. This case would have never gotten past the two police officers if only the Sheriff's department who handles 911 calls had given these officers my information, and had gotten my statement, then a more accurate police report would have been written, and you, the D.A. would see how these women were just out to "Get Him", causing fear, worry, and emotional distress against this deaf individual, where no one was on his side as no one understood him or even cared to, this was proven by not using the appropriate interpreter for the deaf that do not know ASL by his P.D. 

I am asking you Mr. Ritts to step up and do the right thing now, as it was missed in the beginning, and charge these two malicious liars for this horrible injustice that they have caused against this innocent man, his families, and friends, as well as wasted taxpayer dollars to this county; these women need to be held accountable for what they have done and have gotten away with, only because the professionals whom I did contact, did little to nothing to stop these women in their pursuit of obtaining the satisfaction of "Getting Him", all the way into the courtroom with no regard for his deafness and inability to hear them, and a blatant disregard for wasting taxpayer money in using the judicial system for their personal satisfaction. You have two solid witnesses me, and a standing building along with an inaccurate and incomplete police report. The priority of our justice system should be justice, not using it as a platform of hate and prejudice. Please, do "The Right Thing", as it is within your power to fix this injustice and hold the actual assailants accountable.

Most Sincerely,

Vickie Ellers

 

 

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