United States District Court, D. Rhode Island. Apr 15 ... Petitioner Mezfin K. Clary is currently awaiting trial in the Rhode Island Court.
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Clary vs. Wall
Jacob HAGOPIAN, U.S.M.J.
Report and Recommendation28 U.S.C. § 2241. The Attorney General of the State of Rhode Island, designated a party respondent, has moved to dismiss the petition. Clary has opposed the motion. This matter has been referred to me pursuant to 28 U.S.C. § 636 (b)(1)(B) for a report and recommendation. For the reasons that follow, I recommend that the Attorney General's motion to dismiss be granted.
Petitioner Mezfin K. Clary is currently being detained, awaiting trial in the Rhode Island Superior Court. He was charged on July 17, 2001, with narcotics violations. Unable to post the $75,000 surety bail set on August 1, 2001, he seeks release from pre-trial detention on the following bases:
(1) He never used illegal drugs nor sold illegal drugs;
(2) The Providence Police Department unlawfully increased the amount of crack cocaine seized from 5.82 grams to 58.2 grains;
(3) He had no assistance of counsel when his bail was set at $75,000;
(4) The Family Court issued a body attachment that was not "genuine;"
(5) $75,000 bail is excessive;
(6) He requested discovery materials, but instead received false, incorrect, and misleading statements;
(7) The State failed to provide him with exculpatory evidence;
(8) His request to suppress evidence was denied;
(9) His motion to dismiss the Information was denied; and
(10) There was no probable cause to arrest him without a warrant.
Petitioner has filed an application for habeas relief, allegedly pursuant to 28 U.S.C. § 2241. Although filed pursuant to § 2241, petitioner's application will be construed as one brought pursuant to 28 U.S.C. § 2254.. See Chambers v. United States, 106 F.3d 472, 474 (2nd Cir. 1997) (Court is not bound by the label placed on the petition); See also id. (§ 2241 is used to challenge the execution of a sentence).
Before a federal court may grant habeas relief, a petitioner must normally exhaust his remedies available in state court. In other words, the petitioner must give the state courts an opportunity to act on his claims before he presents those claims to a federal court in a habeas petition. This is known as the exhaustion doctrine, first announced in Ex parte Royall, 117 U.S. 241, 6 S.Ct. 734 (1886), and now codified at 28 U.S.C. § 2254 (b)(1).
A petitioner satisfies the exhaustion doctrine by fairly presenting his claims to the highest state court with jurisdiction to consider them.Keeney v. Tamayo-Reyes, 504 U.S. 1, 9, 112 S.Ct. 1715, 1719 (1992);Picard v. Connor, 404 U.S. 270, 276, 92 S.Ct. 509, 512 (1971). This means that the habeas petitioner must have presented the substance of his federal constitutional claim to the state appellate court so that the state court had the first chance to correct the claimed constitutional error. See Lanigan v. Maloney, 853 F.2d 40 (1st Cir. 1988). Only if the same factual and legal theory that forms the basis of the petitioner's habeas petition has been presented to the state court will the petition for writ be properly before the federal court. Scarpa v. Dubois, 38 F.3d 1, 6 (1st Cir. 1994); Nadonworthy v. Fair, 872 F.2d 1093, 1096 (1st Cir. 1989). A claim is not considered exhausted if the petitioner "has the right under law of the state, to raise, by any procedure available, the question presented.28 U.S.C. § 2254 (c).
In the instant application, petitioner bases his habeas petition, seeking release from pre-trial detention, on a myriad of grounds. Although he has an on-going proceeding in the state courts in which he can present these claims, he has failed to do so. See Martinez v. Commonwealth of Puerto Rico, 435 F. Supp. 1204 (D.P.R. 1977). Petitioner has not presented any of these claims to the state courts for determination. Thus, his claims are not exhausted. Since the claims presented in the instant application are unexhausted, the respondent's motion to dismiss should be granted.
Assuming arguendo that petitioner had presented his claims to the state courts, his habeas petition should nonetheless still be dismissed. Petitioner here seeks a release from custody while his trial is awaiting to be heard. Petitioner seeks to have this court release him unconditionally, overturning the state trial court's determination to grant him $75,000 surety bail.
It is uncontested that a federal habeas corpus is a proper remedy by which to seek relief from an unconstitutional state custody imposed pursuant to an arbitrary denial of bail. United States ex rel. Goodman v. Kehl, 456 F.2d 863 (2nd Cir. 1972); United States ex rel. Diller v. Greco, 426 F. Supp. 375 (S.D.N Y 1977). However, this jurisdiction to consider such matters does not give a federal court the license to substitute its judgement and discretion for that of the state court.
"There might have been room for a difference in judgement on the amount of bail, but consideration by a federal court could not be asked or given upon that basis. A federal court would not be entitled to act in substitution of judgement for that of the state court. What the state court did would have to be beyond the range within which judgements could rationally differ in relation to the apparent elements of the situation. It would have to amount in its effect to legal arbitrariness in the administration of the bail right provided, so as to constitute a violation of due process, or discriminatoriness in the application of the right as against the petitioner, so as to constitute a violation of equal protection." Mastrian v. Hedman, 326 F.2d 708, 711 (8th Cir.), cert denied 376 U.S. 965, 84 S.Ct. 1128 (1964).
Here, bail has not been denied. Rather, bail has been set by the state court in the amount of $75,000 for the petitioner. This court will not upset the state court's determination on the appropriateness of that amount, nor substitute our judgement for theirs. Thus, even if the petitioner had exhausted his claims in the state courts, respondent's motion to dismiss should still be granted.
For the reasons stated above, I recommend that the respondent's motion to dismiss be granted. Any objection to this Report and Recommendation must be specific and must be filed with the Clerk of Court within ten days of its receipt. Fed.R.Civ.P. 72(b; Local Rule 32. Failure to file timely, specific objections to this report constitutes waiver of both the right to review by the district court and the right to appeal the district court's decision.
Objection habeas petition
Full title MEZFIN K. CLARY, Sr. v. ASHBEL T. WALL Court:
United States District Court, D. Rhode Island
Date published: March 25, 2002
Prose motions relating to access to the 6th District court case NO. 62-2001-13321, Superior court case No.P2/01-2520A, and Family court case F99R2314 in Providence Rhode Island et al, in relations to PO# Arrest 01-102251 for correspondence and communication to the state. In addition, to the right to assembly and seek redress of grievances from Captian & Guards for the state to be held accountable for stolen case documents, physical harm and put into segragation to miss federal hebias on March 28,2002 case No. 02 099.
SSD Unit Providence police department unreasonable illegal search of person and papers, no probable cause or warrant issue. Defendant was an out of state visitor and does not live in the state or residence of address. The illegal break-in occurred by SSD providence police was without probable cause Not supported by Oath or affirmation of place or persons or things at time of search. Return of service and receipt for search warrant or family court body attachment warrant not genuine or given by a family court judge legally.
Defendant was not indicted by a grand jury (no person shall be held to answer for a capital crime unless on a presentment or indictment by a grand jury), no indictment or Federal charge. Treated like and Illegal Immigrant, Defendant was Prose and court paperwork was stolen by captain guard ordered by the A.C.I. Warden Wall. Inmate was taken to devils’ hole (segregation) for 23-hour lockup for not having a video call with superior court judge. Defendant was deprived property in trap (court documents for trial) without due process, direct violation of fourth amendment search and seizures of papers no probable cause.
Defendant did not have assistance of counsel for bail hearing or defense from the public defender’s office. No public defender would take the case due to conflict of interest in going against the 6th district and superior court. The 6th District court admitted they was certain by law a crime was not committed by the defendant and judge wanted it on record but did not share that information in detail with defendant. The due process for obtaining compulsory process witnesses and court dates in defendant favor was discredited by assigned public defender (which was a secret plant by RI superior court). No right to a speedy or public fair trial.
Defendant was denied protection from long term imprisonment threats in pursuant a civil criminal case against the state of RI clary-vs-wall, liberty and property for Pre-trial was stolen by ACI Captian guard. Detainee suffered physical abuse by guards. Defendant is a born U.S. citizen form state of MA, but due process and equal protection was not honored by the state of RI. Deprivation of medical care in segregation and leaving segregation to respond to Federal court prose motion hebiases corpus letters was collected and denied. ACI monitored, collected, inmate (118409) mail and did not give it to him.
State of Rhode Island District Court Criminal Complaint 6th District 2001-013321, Police No. 01-102251 held without bail, referred to attorney public defender’s office but No lawyer for months. Defendant, Clary-vs-Wall pleaded Innocent to any wrong doing of any and all chargers. Charge Filed Jul-17-2001, Offense Code: SCH I/II of 21-28-2.08, /21-28-4.01.1-A2A, MAN/SEL/POSS W/INT SCH I/II 1OZ-1K COCA. Defendant was charge by Information only, NO drugs or narcotics. 1 oz.-1 kilo.: minimum 10-50 yrs.in prison and/or $10.000 to $500.000
Clary-vs-Wall, Rhode Island Attorney General's Office, Rhode Island Department of Corrections, Providence Superior Court, willfully deprive Prose Defendant of his rights and privileges protected by the U.S. Constitution. Attorney General's Office accused Mezfin Clary Sr for not raising issues due to his illegal detainment. In fact, Attorney General's Office willfully ignored Federal court first court date appearance by pin blame an going on one-month vacation. The writ of mandamus relief Habeas Corpus was due to State ignoring constitutional Rights and covering up court criminal issues.
The fifth and fourteenth amendment which deals with administration with justice and protection for individuals from the powers of law and detainment was not respected by withholding Exculpatory Evidences and not bringing forth Discovery 16A to prove defendant illegal detainment and innocents. Furthermore, inmate was prose attorney and no communaction but a supprise court hearing on video was arrange without his knowlege. Mezfin Clary Sr. prose refused to be forced to have a court video hearing with Judge Gale the same day defendant supppose to be in Federal district court Judge Jacob on contintuional violations by RI superor court.
This is a personnel matter but I’m going to share it — in sharing it might help others. This is the end to the beginning of injustice case Clary v. Wall writ of habeas corpus. This story is not just base on opinions or feelings but real facts and evidence. Some individuals may not believe this story and others may think how could this have happen. In short, negative Image building is serious business — Government state and law enforcement agencies make it very difficult for individuals to get them to uphold accountability or accept disciplinary actions for their own wrong doings — when you do find evidence on state and law enforcement officers the pin the blame game—cover up will likely occur, — when exposed to the public. The true answer to these questions is simple —read on — and take everything mention under review an come to your own opinion or conclusion. Not all court documents are on this website for review due to privacy and reputation, in other words I’m protecting the innocent. The full story is written in my book which is a free to download, release July 17, 2020. Starting from April 15, 2002 Mezfin Clary Sr statement and document admission to the United States District Court, D. Rhode Island was justified under constitutional laws that protect human rights from abuse of State power. Therefor, how can defedant get a fair tril when having impartial and indifferent with Assistant Attorney General Laura A. Pisaturo Prosecutor #5374 in jusitice when shes perfoming judical misconduct March 26, 27 2002 and April 11, 22, 23, 24, 2002. In addition, Aaron L. Weisman #4438 The Assistant Attorney General and member of United States District Court, D. Rhode Island petition for excusal from court March 28, 2002 Clary v. Wall (02-99L) to be out of the office on vacation which is standard operation to escape accountability — whereas there was other future potential schedule date for writ of habeas corpas after April 15, 2002. Federal Report and Recommendation, Jacob Hagopian, U.S.M.J. pdf. The petitioner failure to post $75,000.00 bail was not an admission to the Feds to get out of A.C.I. or exhausting state remedies. Moreover, Clary did respond to the Clerk of Court within ten days but a receipt was never sent back from the Federal District RI clerk office. However, April 18, 25, 2002 court appearance for case scheduling office in Superior District Court Licht judicial complex was received instead. There are reasonable grounds to believe the A.C.I. Cranston, RI intercepted Clary inmate I.D.# 114409 outgoing and incoming mail documents —I.S.C. delayed giving inmate legal letters from USDC, — whereas the USDC had to send court writ of habeas corpas letters twice in the Mail. Inmate rap sheet proves inmate was transfer from cell mod not to receive mail when sent. This is a violation of constitutional law or due process of a person’s property, State Problem at I.S.C. R.I. Dept. of Corrections. A long time ago, July 17, 2001 a knock, search and seizure warrant was in execution in Providence, RI whereas Clary was visiting in the State of RI. The house main door entrance. was forced with no knock or doorbell ring. Clary heard the noise, open the 1st door apartment and seen police officers inside hallway looking very lost and confused. Clary stated, “what are you doing” immediately Clary was jumped on and rushed back into the 1st floor apartment, and handcuffed on the floor. "Clary stated, why are you here” — “no warrant mention or present". The SSD unit ask “where the drugs”, Clary stated, no drugs and officers searched Clary no drugs. Narcotics was supposedly found in the kitchen inside a refrigerator draw in a black finger ring jewelry box. The Det. showed Clary on scene a sandwich cut baggie, I guess from the black velvet "ring size box" with a piece of suspected narcotic. Clary stated what is that, that’s not mine, what did you plant this is not my residence I'm from Boston Clary said. the only one there at the time (visitor) was arrested. Clary stated he had no knowledge of any narcotics only what you said, what the Det. planted. Clary ID confirms he lives in MA, no right to arrest him. Det. Anthony Hampton took paperwork of the lease holder keepers name on record Tenant Terresa, suppres evidence At the providence police station, the detective kept coming back to the cell and showing Clary mugshots of criminals to see if the face matches Clary. Clary was charged with an offense he never committed 21-28-2.08, 21-28-4.01.1- A2A, MAN/SEL/POSS W/INT SCH I/II 1OZ-1Kilo COCA. July 18, 2001 Clary was arraigned in 6th district court on narcotics violation that carries 10-50 years in jail if guilty conviction. Judge Albert E. Derobbio said this is a serious charge and Clary was held with no bail and initial commitment to ISC HOLD. “I believe the Detectives was hoping for the case to be thrown out of court the following day — because they had no search warrant but created it after the fact. First, the search warrant expired fifthteen days past the fourteen days to be valid July 16,2001-July 31, 2001 - Second, Issued at Providence,....is not a court room to be valid. It must state, Issued at District Court or Superior Court, to be valid. Third, the signature of Judge Albert Derobbio is in the wrong area, Its not genuine illegal search and person. Affidavit date signature wrong place made after the fact not valid. Clary ID states he lives in Boston, MA. Fourth, no drug criminal history record, no narcotic user ever. Referred to Public Defender. July 25, 2001 a court appearance was schedule for public defender and bail hearing but did not happen. Two weeks has passed and inmate Clary still HWOB and disappointed.
August 1, 2001 court appearance 620113321 for bail hearing Clary now defendant, went before a Judge Bucci, and HWOB to $75,000.00 bail with no lawyer present for his legal defense on record 6th district court transcript. Auguest 3, 2001 court appearance 620113321 with public defender office attorney. Attorney Michael Ahn said, the Judge Bucci, was not supposed to do that, defendant went before the Judge again bail was set at $75,000.WS with surety. Also, attorney in the public defender’s office stated to Clary no lawyer in the PD office want to take your case and go agaist the State — "they had to work in this State, blackballed". From that point on there was a conflict of interest from the public defender’s office in representation and a fair treatment for the defendant, inmate transfer to ISC. September 19, 2001 court appearance pre-arraignment disp. remanded 6th District Court 620113321. Attorney David Canaan, from the public defender’s office was acting like Clary’s lawyer went over the full exculpatory evidence and incident report from July 17, 2001. Clary told the Attorney everything, where he lived, the girl who lived at the apartment and lease holder keeper, he was visiting his kid in RI, the MCI phone bill not in Clary name (Terresa), where he worked, and what happen. After Mezfin Clary Sr told the Attorney everything he wanted to know, the “Attorney David Canaan said, your innocent somebody made a mistake”, Clary said yes, I know. Then the attorney said he was NOT my lawyer. The attorney was David Canaan Prosecutor from the 6th District court. “That was Injustice and misleading”. Judge McAtee, Magistrate wanted it on record, Clary stated, on record Not Guilty, 6th district transcript record. September 26, 2001 a surprise court appearance to Family Court Magistrate Debra E. Disegna, F99R2314, attaches a body warrant of bail on defendant committed to ISC, Not genuine. September 26, 2001 time goes by now Clary defendant files motion for discovery and speedy trial in Superior Court P2012520A. Court appearance arraignment, Special lawyer from PD Office Mary S. McElroy comes and meet the defendant in holding cell. “Mary said, the Judge sent me to represent you but if you want me to you will have to withdraw your motion for speedy trial and discovery”. Clary remark, “ok but why did it take for me to file motion to get information then they assign a lawyer? and what am I being charged with” no reply from public defender McElroy. McElroy comes back to cell and said, “here is your offer 5 yrs. suspended sentence, 5 yrs. Probation”, Clary said, No I’m innocent, Schedule for trial Superior Court, inmate transfer back to ISC. October 01, 2001 Entry of appearance public defender never happen. October 11, 2001 Motion for exculpatory evidence for inspection never given to Clary at defendant request but to Mary S. McElroy PD October 24, 2001 court appearance defendant files motion for prose Judge Gale Superior Court P2012520A. On record Clary said, “I’m not trying to discredit her as a Public Defender – but she works for the state and will do what’s in the best interest of the state and not the best interest of the client”. Clary said, on record to Judge Gale ‘This is a Federal charge for indictment what am I being charge with” Judge Gale said, this is a rare case, Public Defender Mary S. McElroy said don’t state the facts on record, Judge Gale yelled at her in disciplinary action and allowed the motion for pro se . In my opinion there is enough factual support to support my opinions of a cover up in Superior Court. Transfer back to ISC. Note: I then relied on other inmates an went to the law library and studied law. After filing a motion to Prose to represent myself due to the unfair representation of public defender’s office. What I found out as prose attorney - there was no drugs 5.82grams, 58.2grams, 58.67grams 1oz-1kilo was just misleading statements - paragraphs and sentences in wrong places and no physical evidence to bring or suppress, and no forensic evidence to sign off on. In addition, Attorney David Canaan Prosecutor from the 6th District court planted 2 cellmates with defendant to get information on where he lived and if Clary had any witnesses for his defense. Inmate rap sheet transfer shows the different cell mods and names. October 11, 24, 2001 P2012520A. appearance defendant Judge Gale Superior motion for exculpatory evidence passed. October 25, 2001 court appearance to Family Court Magistrate Debra E. Disegna, the Superior court tried to use Family court to get a body attachment warrant dated back to July 17, 2001., The Family court was all about the superior court trial however, no body attachment or warrant took place because family court had its own problems.
Every court hearing Defendant said no I’m innocent the threating stayed the same go to trial we will give you 15 years or take 5 yrs. suspended probation and you can go home never went away. October 31, 2001 P2012520A. court appearance defendant Judge Dimitri Superior pretrial conference November 16, 2001 P2012520A. court appearance defendant Judge Dimitri Superior representation problem Mary S. McElroy public defender. November 12, 14, 23, 29, 2001 P2012520A. appearance defendant motion to continue, motion to withdraw Judge Gale Superior court Mary S. McElroy public defender. December 06, 12, 2001 P2012520A. court appearance remanded defendant court transcript appeal December 31, 2001 P2012520A. court appearance defendant suppress evidence and statements January 06, 2002 P2012520A. court appearance defendant January 18, 25, 30, 2002 P2012520A. court appearance defendant Judge Gale Superior January 31, 2002 F99R2314. court appearance remanded Family Court Magistrate Debra E. Disegna February 01, 2002 P2012520A. court appearance defendant Judge Dimitri Superior February 21, 2002 F99R2314court appearance Family Court Magistrate Debra E. Disegna February 22, 2002 P2012520A. court appearance defendant video hearing Judge Gale Superior Court. ACI stole defendant pro se court documents for self representation. March 04, 2002 P2012520A. court appearance defendant Judge Gale Superior March 09, 11, 2002 P2012520A. court appearance defendant Judge Dimitri Superior pretrial hearing March 25, 2002 P2012520A. court appearance defendant pretrial conference Superior court March 28, 2002 Jacob USDC Federal Court C.A. No. 02-99 L April 01, 2002 F99R2314 court appearance Family Court Chief Judge Jerimiah S. Jerimiah JR. said, after filing motions to go before judge a surprise court hearing took place. Chief Judge Jerimiah stated, do you know what you are here for, Clary said no, Judge said, “I will never do what they did”. April 18, 2002 P2012520A. court appearance defendant Superior Court April 22, 2002 P2012520A. court appearance defendant Superior Court. Trying to make sense out of all this, it became clear the PD office was protecting the State interest, their employment and not defendant interest. Since then time has been passing by waiting in jail and 6th district court officials planted three inside lawyers (ACI visits confirm dates) to act like they were representing the defendant but did not. Nine months incarceration was the delay response from RI courts in due process not the representation as Pro se. Every day was the continuation to weigh down defendant’s patience and tolerance to force him to take a Nolo plea. This was proof no search warrant, no probable cause, no narcotic drugs, but illegal detainment did occur. Mezfin Clary Sr. held with no bail to 75,000.00 bail facing 15-30 years for a capital crime he did not commit only to keep bail high and inmate in pretrial to control the outcome of state interest.
Det. Arresting Officer Narrative Det. Hampton & Aspinall misleading papers with headings, paragraphs, dates, signatures in the wrong places. No receipt for warrant or factual case number by clerk. Special Attorney General Prosecutor Attorney General threating Clary Prose with verble words on April 24, 2002 "limit your open statement" or "you don't know what evidence we will bring" Appointed Attorney Paid by Court ACI visit 4/23/2002 got all defendant trial info and reported it to Prosecutor. 4/24 2002 told Clary plea Nolo, You caint win w/evidence they WILL bring. Outside Trial Judge Superior Trial Judge is change why? Offered 6th district court offer 9 months earlier, 5 yrs. probation & go home or 15 yrs. sentence. Defendant said NO! on record twice. Prosecutor/Public Defender 6th District Court David Canaan admitted to Mezfin Clary Sr they made a mistake. Insider by court pretend to be Prosecutor planted C/I in inmate cell Special Public Defender Office Public Defender - did what was in the best interest of the state and not the client/defendant, filed motion for Prose Insider Public defender Esqure Public defender. Court Appointed Attorney Paid by the Superior Court. Visit inmate at ACI 4/23/2002. Reported all defendant defense to Prosecutor on Apr 24 2002 Det. Arresting Officer Narrative Det. Hampton & Aspinall misleading papers with headings, paragraphs, dates, signatures in the wrong places. No receipt for warrant or factual case number by clerk. Det.Peace Officer Det.Peace Officer - Sworn Affidavit Aug 15, 2001 a charge of information was committed, signature in wrong place. Received February 2002 Det. Officer Det. Officer - Found a black jewerly ring box in draw in refrigirator in Terresa kitchen, Det. showed Mezfin something, No knowledge Det. Officer Assisting/Entry Officer-Lead backing officer wrongfully and disrespectfully with intent created entry’s. 21-28-2.08, 21-28-4.01.1-A2A, MAN/SEL/POSS W/INT SCH I/II 1OZ-1Kilo COCA. The ACLU of Rhode Island and the Right to Administrative Due Process 2020: ACLU Protecting Civil Liberties in Rhode Island A man that ACLU of Rhode Island attorneys argued was unlawfully being held in prison despite a unanimous decision by the R.I. Parole Board to release him 2020: Department of Correction RI Unlawfully Held At ACI This is a habeas corpus petition which argues that an inmate is being unlawfully held despite a decision by the R.I. Parole Board that he was qualified and ready for release on supervised parole 2020: McKinney v. RIDOC 2020 Due Process Criminal Information: Attorney General of the State of Rhode Island and Providence Plantations vs. P2/01-2520A
Apr 18,22,23,24,25 & Jun 20, Aug 2002
Anthony R. Hampton
Laura A. Pisaturo
Donna A. Uhlmann
Court Legal Attorneys
Mary S. Mcelroy
Donna A. Uhlmann
Anthony R. Hampton
Robert P. McKenna
Scott A. Partridge
Defendant's Motion To Suppress Evidence
Internet Post 2020
Tenant & addict her ring jewerly box 5grams, witness gave notarized affidavit to Superior court, No sign warrent issued
Admitted they made mistake. Insider by court pretend to be Prosecutor/Public Defender & planted C/I in defendant cell
Magistrate - 6th District court judge requested Defendant ple of Not Guilty to be on record/HWOB next session Superior
Det. - Conspiracy - Written inventory of property in police evidence room 14 days void return expired 7/16/01, 7/31/01
Affiant - Det. Hampton Informer. The C/I stated hersay no illegal narcotic activity money/drug "zero" not the person
Toxicology Lab - Forensic received insufficient evidence no amount 0 in police property room by Det. James K. Hassett
Special Asst. Attorney General - Charge: July 17,2001 Schedule II of 21-28-2.08 of General Laws of 21-28-4.01(A)(2)(a
Det.Peace Officer - Sworn Affidavit Aug 15, 2001 stated charge of information was committed, signature in wrong place
Rhode Island - Witness states Terresa (Tenant at will) 1st fl apt evicted August,01 2001 No search warrant on door Scott A.
Det. Officer - Found a black jewerly ring box in draw 5grm in refrigirator in Terresa kitchen, Det. showed Mezfin, No knowledge
Det. Officer - Phone bill not in defendant name or his phone bill. MA ID address, no alias used, defedant did not live in RI
Constitutional Protection of Visitor - Police forced entry no knock. Visitor had No knowledge of narcotics 1st fl door apt.
Clerk Keeper of Record - Receipt for search warrant, acknowledgment of return expired, not genuine for Det. Hampton
Det. Peace Officer - submitted black jewelry box cotaining plastic bag receipt mentions no physical drug in evidence room
Chief Judge - Det. Hampton, July 16, 2001 search warrant was not identical or genuine, no date or sign by judge legally, HWOB
Judge - On August 01, 2001 $75,000 cash bail was given without lawyer present, violation of 4th Amendment
Public Defender - did what was in the best interest of the state and not the client/defendant, filed motion for Prose
Superior Court Judege - Granted Prose motion. Also, had to hear the case after witdraw. Video court arrange by State
Superior Court Judge - Granted New Discovery pakage after ACI Captian stole it from inmate cell. Trial Judge Dimitri 4-22-2002. No issues with Judge, The Discovery package was NOT the same package. Misleading false statements.
Assisting/Entry Officer-Lead backing officer wrongfully and disrespectfully with intent created entry’s. 21-28-2.08, 21-28-4.01.1-A2A, MAN/SEL/POSS W/INT SCH I/II 1OZ-1K COCA.,One Ounce to One Kilo, HWOB min 10-50 yrs.
Bail Lawyer - Stated public defender’s office will not take defendant case, they had to work here blackballed
Magistrate Judge - Family court no body attachment or warrent F99R2314. Relief granted over State's objection.
Chief Judge - Family court, No issues with Judge, statement "will never do what they did".
Review Officer -SCH I/II of 21-28-2.08, 21-28-4.01.1-A2A, MAN/SEL/POSS W/INT SCH I/II 1OZ-1KILO COCA
Principal Forensic - original forensic paper results information of evidence is Schedule II. 0.grams
Assistant Attorney General - Clary-vs-Wall Excusal from the United States District Court for vacation
Esqure stated "public defender stated to Clary no lawyer in the PD office want to take your case and go agaist the State — "they had to work in this State, blackballed".
Captian hancuffed inmate took prose papers, corectional officer Vigerego, Santeargo, Sortiz physically harmed inmate.
Give free Consultation
Det. Arresting Officer Narrative
Det. Hampton & Aspinall misleading papers with headings, paragraphs, dates, signatures in the wrong places. No receipt for warrant or factual case number by clerk.
Special Attorney General Prosecutor
Attorney General threating Clary Prose with verble words on April 24, 2002 "limit your open statement" or "you don't know what evidence we will bring"
Appointed Attorney Paid by Court
ACI visit 4/23/2002 got all defendant trial info and reported it to Prosecutor. 4/24 2002 told Clary plea Nolo, You caint win w/evidence they WILL bring.
Outside Trial Judge Superior
Trial Judge is change why? Offered 6th district court offer 9 months earlier, 5 yrs. probation & go home or 15 yrs. sentence. Defendant said NO! on record twice.
6th District Court David Canaan admitted to Mezfin Clary Sr they made a mistake. Insider by court pretend to be Prosecutor planted C/I in inmate cell
Special Public Defender Office
Public Defender - did what was in the best interest of the state and not the client/defendant, filed motion for Prose
Insider Public defender
Esqure Public defender.
Court Appointed Attorney
Paid by the Superior Court. Visit inmate at ACI 4/23/2002. Reported all defendant defense to Prosecutor on Apr 24 2002
Det. Arresting Officer Narrative
Det.Peace Officer - Sworn Affidavit Aug 15, 2001 a charge of information was committed, signature in wrong place. Received February 2002
Det. Officer - Found a black jewerly ring box in draw in refrigirator in Terresa kitchen, Det. showed Mezfin something, No knowledge
Assisting/Entry Officer-Lead backing officer wrongfully and disrespectfully with intent created entry’s. 21-28-2.08, 21-28-4.01.1-A2A, MAN/SEL/POSS W/INT SCH I/II 1OZ-1Kilo COCA.
The ACLU of Rhode Island and the Right to Administrative Due Process
2020: ACLU Protecting Civil Liberties in Rhode Island
A man that ACLU of Rhode Island attorneys argued was unlawfully being held in prison despite a unanimous decision by the R.I. Parole Board to release him
2020: Department of Correction RI Unlawfully Held At ACI
This is a habeas corpus petition which argues that an inmate is being unlawfully held despite a decision by the R.I. Parole Board that he was qualified and ready for release on supervised parole
2020: McKinney v. RIDOC 2020 Due Process
Criminal Information: Attorney General of the State of Rhode Island and Providence Plantations vs. P2/01-2520A