Justice For Frank Berryman
Justice For Frank Berryman
It was the night of March 24, 2004; the night I will never forget and the same night that has been haunting me ever since...
A friend of mine by the name of Carl Brooks (driver) and myself Frank Berryman, were pulled over by the Philadelphia Police for a broken "headlight". When we were pulled over by the police that night, not once did they mention anything about a broken headlight. Instead, they asked Mr. Brooks for his license, registration, and insurance. No sooner than Carl giving them his information, they immediately pulled him from the car and proceeded to search him and the car, the car that nobody permitted them to search, and continued with their illegal search and seizure finding a firearm on his person. A firearm in which Carl had registered in his name and a permit with the right to legally carry it. Following Carl's search, they pulled me out of the car as well and found another gun that was located directly under the seat where I was sitting. But, the real reason we were pulled over wasn't because of the broken headlight. NO! It is because the police had told us that "we" apparently fit the description of two men who had literally just robbed this young black male from around my neighborhood, minutes before us getting pulled over. After we were put into the back of the police car, they brought the young man that was just robbed and asked him to identify "us". He clearly stated to the police officers that we were not the guys who had robbed him. They drive us to the station and once we get there, that is thee actual moment in which we find out that the police officers said we had a broken headlight. Ultimately, Carl and I were arrested and charged that night for the possession of the stolen gun. A gun that I had previously purchased from my cousin, Theodore McFadden, on March 15, 2004, in Philadelphia.
While awaiting trial at the Graterford State Prison in April of 2004 for the stolen gun charge, I was interrogated by two detectives from the Palmer Township Police Department. Detectives— Daniel Monek (who was no longer a detective nor a police officer in Palmer Township when he testified at my trial) and V. Fassimule (who did not testify).
It was during this interview when I had learned and realized that the gun they had found in the car that night, was apparently the same gun that had came from a robbery at John’s Gun and Tackle Shop on March 9, 2004. Throughout the course of this interview, Detective Monek had told me that the robbery in question, took place on a Saturday. When I had informed Detective Monek that on this particular day that he aforementioned (Saturday), it was utterly impossible for me to have been anywhere near that shop on the night of March 9, 2004 because I was already on house-arrest by way of the Deleware County Probation Department and due to the stipulations of said house-arrest; I was strictly forbidden to leave my house on a Saturday or Sunday.
At that moment of me telling him and he processing that information, Monek immediately switched up the day of the robbery which he had already said that it was on a Saturday, to a now convenient Tuesday. I later found out from my lawyer, Thomas Ivory, that Tuesday was thee actual day of this crime. When I had asked Monek of the time in which this robbery had taken place, he said, “It had occurred around the time of 5:30-6:00 P.M.”.
I then proceeded to tell Monek that during this particular time of day he had mentioned; a friend of mine, Brianna Powell, and myself, both drove to the Cassidy Elementary School to pick up her kids. In which case she would then go on the stand and testify to this in front of AUSA, Eric Henson. (She later went on to retracting her statement because she had been threatened and intimidated by thee government officials in her home, where she had resided in Philadelphia, Pennsylvania at 3:30 P.M.)
I had taken Brianna and her children home and stayed there for the remainder of my free-time helping the kids with their homework until I had left their house and arrived at my own place at 9:30 P.M. which was confirmed by the house-arrest monitor.
Apparently, “I” had been picked out of group of photos by the owner of the gun shop, of being “one” of the people involved in this robbery in which case, this particular photo was taken when I was 18 years of age. (I was 24 years of age at the time of this robbery.)
I had clearly stated to them that it was merely impossible for me to have committed this crime due to the very simple fact that, I had never been to the city of Easton, Pennsylvania nor had I ever heard of John’s Gun and Tackle Shop.
From beginning ‘till now; I have denied any and all of these allegations, any involvement and any knowledge of this robbery, and I will continue to do so because, as history has taught us, “If the glove don’t fit...you must acquit”.
My case was later dismissed by the city of Philadelphia, Pennsylvania on June 30, 2004. However, I was later arrested and charged for the same crime twice in Federal Court on July 15, 2004.
While being housed in the Federal Detention Center, I was put in a cell with an inmate by the name of, Christopher Plytas. (A little information about Christopher Plytas)— His plea deal had been revoked by the government 3 times, he had falsely accused another inmate of bringing in heroin to the FDC even though it was already well-known that Christopher’s father is the one who had brought said drugs into the prison, he was charged with over 50 burglaries and robberies which he was facing LIFE in prison for the crimes that he and his organization had committed from the year of 1999 until 2001.After being in the cell with Plytas for only 3 weeks, he had decided that he felt it was in his best interest to have a conversation with the government about me, claiming that I had told him that "I committed the robbery that took place at John’s Gun and Tackle Shop”. I was later moved from that shared cell by the officials at FDC Philadelphia.
Mr. Plytas would later go on to only have gotten a 5 year prison sentence for all of his aforementioned crimes and an additional year for bringing drugs into the FDC. After being release he was later charged for being a convicted felon in possession of a firearm and given 96 months in prison.
Following that event, I was superseded with a new indictment in December of 2004, for the robbery of John’s Gun and Tackle Shop among other charges.
I went to trial for these alleged offenses in November of 2006 and during my trial; the owner of the gun store, John Coscia, when asked 3 times if he sees the man in court who had robbed him, he couldn’t even identify me. But, he did somehow identify me from that group of photos and stated that “I was the person who had robbed his business”.
I was never given any of the notes from that interview during or after the trial. Because, had I been given that paperwork, I would have been able to prove a long time ago that it would have shown in black-and-white, that Monek blatantly lied in court even after taking an Oath. My cell-mate at the time prior to my trial, Plytas, had also testified in court in front of Judge and Jury, stating that what he had previously said about me “confessing” to this crime, which knowingly was in fact a boldfaced lie yet, willingly decided to go-forth and say anyway.
When Detective Monek testifies, he states that, “I had only told him that I couldn’t leave my house at the time of the robbery because I was on house-arrest”. Not one time did he mention that he and I had an extensive conversation about my whereabouts the night of and my stipulations for being on house-arrest.
At the end of my trial in November of 2006, I was ”found guilty” for the following;
Conspiracy to Interfere and Interfering, Commerce by Robbery, Using and Carrying a Firearm During a Crime of Violence, Possessing a Stolen Firearm and being a Felon in Possession of a Firearm. In violation of: 18 U.S.C.S 1951(a), 924 (c) (1) (A)(ii), 922 (j), 922 (g) (1) Robbery, Possession Of A Firearm By A Convicted Felon, Possession Of A Stolen Firearm and Using A Firearm In A Commission Of A Robbery. I was sentenced in March of 2008 to serve 294 months in prison for a crime and charges I never committed.
This crime happened in Easton, Pennsylvania, a city in which I’ve never been. I was accused of this crime by the Palmer Township Police Department and the reason why I am still incarcerated is because Detective Daniel Monek withheld evidence which would be the notes from my interview with him and Detective V. Fassimule in April of 2004. Furthermore, the AUSA Eric Henson, knowingly allowed my previous cell-mate, Christopher Plytas, continue with the lie while on the stand even though Plytas KNEW that I had not committed this crime. There was also a testimony from another individual that had evidence which he clearly stated that he in fact knew the actual people who were involved with this robbery...AND I WAS NOT ONE OF THEM!!
MY NAME IS FRANK BERRYMAN AND I HAVE BEEN INCARCERATED SINCE MARCH 24, 2004; FOR THE ROBBERY THAT TOOK PLACE ON THE NIGHT OF MARCH 9, 2004, IN PALMER TOWNSHIP, PENNSYLVANIA.
MY CONVICTION WAS CAUSED BY CORRUPT GOVERNMENT OFFICIALS THAT WITHHELD EVIDENCE THAT WOULD, AND STILL CAN...PROVE MY INNOCENCE!!
As I sit here before you in a cell with my name on it, I would like to humbly ask you who sign this, to please share my petition as well. You see, once you sign my petition, it is no longer MINE— IT IS OURS! Our journey together starts the moment pen reaches paper. I hope you will join me on this journey and meet me at the finish-line because, not unlike any of you...I too, have a family. Children! Friends! I want to be the one who teaches my children right-from-wrong because I personally know what it means through and through. I want to know that feeling of being able to sleep in a bed, in a house, surrounded by the ones that truly care about and love me and that I feel thee exact same way about. Thank you so much for taking the time to read this and may you and your family be blessed with everlasting love and joy. I appreciate you!