The Shame Of N.Y. State Gov. Andrew M. Cuomo And The N.Y. State Attorney General’s Office Allowing Proven Unconstitutional Corruption To Stand Within The New York Police Dept., As Well Within The N.Y. County D.A.’s Office (A.D.A. Gregory Sheindlin, T.V.’s Judge Judy’s Son) (A.D.A. John Brancato) And The State Courts
Welcome. If you hate corruption, then the information herein is a must read for you. You will want to spread this information to others, and raise your voice against this corruption. In the past, the N.Y. State Division of Criminal Justice has found the corruption complaint sent to them to have revealed “Proven Blatant Police Corruption,” which the N.Y. State Commission of Investigation refused to investigate. What is revealed herein goes far beyond the corruption complaint.
This corruption proves, the Police and Prosecutors, unchecked & protected by the Courts, can:
- Unconstitutionally fabricate evidence & arrest you.
- Unconstitutionally take you to trial without an indictment being filed.
- Unconstitutionally prosecute you based upon the knowing use of false evidence and false testimonies.
- Unconstitutionally allow a conviction to stand based upon false evidence and false testimonies.
If you think the conduct above, and the Courts protecting such conduct, is impossible, you’re in for a very big surprise. Dominic M. Franza has been incarcerated since 1991 based upon such conduct, instead of being immediately released. The below is proof this conduct has transpired. As well, proving Gov. Cuomo, and the N. Y. State Attorney General’s office, having knowledge of this conduct did nothing:
On March 6th of 2015, at 1:49 p.m., a member of Mr. Franza’s Family, by process service, had Gov. Cuomo served with Mr. Franza’s Renewed Demand For Release Restoration Of Liberty Interest application, with Exhibits in support, revealing massive corruption causing Mr. Franza’s incarceration. Mr. Franza called upon Gov. Cuomo to perform his Constitutional Duty, under N.Y. State Const. Art. 4, §3, to “take care that the laws are faithfully executed.”
It was revealed therein, Gov. Cuomo Personally and Immediately took action upon Mr. Franza’s previous Verified Demand For Release And Restoration Of Liberty Interest application, supported with Exhibits. As a matter of law, it was proven the N. Y. State Attorney General’s office, and the N.Y. County D.A.’ s office, both admitted Mr. Franza has been held to answer for an Infamous crime based upon a “Waived” indictment being filed. This is so, as the allegations and evidence in support were never denied, uncontested.
The above conduct is a major N. Y. State Const. Art. I, §6 Constitutional violation, as the Constitution holds no person shall be held to answer for a Capitol or Infamous crime without an indictment. Thus, the Constitution of this State mandates that Mr. Franza be immediately released from custody, as the trial court never had Constitutional jurisdiction to preside over Mr. Franza’s trial, based upon a “Waived” indictment being filed.
As well, Gov. Cuomo was provided with Mr. Franza’s proposed Criminal Procedure Law §440. 10(1)(h) motion (Ex. II), which proved A.D.A.’s Sheindlin & Brancato gained Mr. Franza’s conviction by the knowing use of false evidence and false testimonies. Also proving, the Courts have been protecting such conduct by ignoring such conduct, instead of vacating the unconstitutional conviction.
Thereafter, is when Mr. Franza received a letter from a Department of Correction and Community Supervision (DOCCS) employee, dated 9 days after the service upon Gov. Cuomo, revealing Gov. Cuomo and Acting Commissioner Annucci (DOCCS) asked him to respond, who took no corrective action to remedy Mr. Franza’s unconstitutional conviction.
As a result of the non-action taken, by process service, Gov. Cuomo was served with Mr. Franza’s Response, complaining about the way the matter was handled, and at the same time making application for a Full Pardon. Gov. Cuomo did nothing.
Mr. Franza apprised Gov. Cuomo that, the previous application was being renewed due to what transpired in a recent Habeas Corpus proceeding, supported with Exhibits. It was proven, the facts and evidence, revealing Mr. Franza went to trial based upon a “Waived” indictment, must be accepted as true, as a matter of law. Also, proving the Habeas Court’s dismissal of the proceeding was unconstitutional under N.Y. State Const. Art. I, §4; N.Y. State Const. Art. I, §6; N.Y. State Const. Art. I, §14; N.Y. State Const. Art. 6, §30; U.S. Const. 14th Amendment, as Mr. Franza was entitled to immediate release.
As well, Mr. Franza provided Gov. Cuomo with his revised Criminal Procedure Law §440. 10(1)(h) motion, supported with Exhibits, revealing all the corruption within Mr. Franza’s trial. Mr. Franza is trying to find an Attorney who will fight for him, before filing the motion.
As for the Attorney General’s office (then under Gov. Cuomo), they previously knew of the corruption in Mr. Franza’s trial, as Mr. Franza made a complaint exposing the corruption. By Letter, dated May 11th of 2010, Mr. Franza was thanked for the information provided, and was given a complaint number (10- 701). Well, years have passed and nothing has been done.
As well, Mr. Franza revealed the corruption in his trial to Assistant Solicitor General Martin A. Hotvet, for the N.Y. State Attorney General’s office. A. S. G. Hotvet by Letter, dated October 8th of 2013, informed Mr. Franza the information was sent to the Attorney General’s Conviction Review Board. Once again nothing has been done.
This is one major instance of the corruption before them: Two people were shot by a claimed floral delivery man (not by Mr. Franza). One victim testified as to being shot 5 times. The other victim testified as to being shot 1 time. This makes a total of 6 gunshot wounds sustained between the two victims.
Detective Osbourn, of the Crime Scene Unit, testified only 2 bullets, a floral box with a red ribbon, and a floral delivery note were recovered. These items are mentioned in Detective Osbourn ‘ s Forensic Report & Handwritten Notes, which also appear in Detective Osbourn ‘ s Crime Scene Photos.
Mr. Franza voluntarily provided Detective Giorgio with handwriting exemplars to have matched against the floral delivery note. Detective Breslin, a document examiner, claimed Mr. Franza’s handwriting matched the handwriting on the floral delivery note, thereby connecting Mr. Franza to the shooter.
Out of all the evidence presented against Mr. Franza, during deliberation ‘ s, the jury made only one request for a testimonial read back. They requested Detective Breslin’s testimony concluding Mr. Franza ‘ s handwriting matched the handwriting on the floral delivery note. Mr. Franza was thereafter convicted.
The above items claimed to have been recovered were all fabricated: The Certified Medical records, of the victim shot 5 times as claimed, proved this victim was shot well in excess of five times, and that all of the gunshot wounds were through & through. The Certified Medical records, of the victim shot 1 time as claimed, proved this gunshot wound was through & through. Impossible for only 2 bullets to be recovered.
It is beyond question, the Certified Medical records prove the evidence claimed to have been recovered was fabricated, the Crime Scene re – done, as it was a physical impossibility for only 2 bullets to be recovered. Clearly, the jury convicted Mr. Franza on the basis of a floral delivery note that never existed at the shooting scene. This was the jury’s focus.
Gov. Cuomo and the Attorney General ‘ s office, based upon everything mentioned herein have done nothing. Not even ordering an independent investigation, thereby leaving the corruption in place. As well, leaving Mr. Franza unconstitutionally incarcerated, fully knowing Mr. Franza is no threat to Society. Thus, Gov. Cuomo completely failing to perform his Constitutional duty, under N.Y. State Const. Art. 4, §3, to “take care that the laws are faithfully executed” within the:
- N.Y. P. D. (By moving to have the active N. Y. P. D. Officers involved in Mr. Franza’s case, who fabricated evidence and testimonies, removed from the force).
- N.Y. State Attorney General’s office (As they have filed oppositions against Mr. Franza ‘ s numerous Habeas Corpus petitions and appeals, in order to keep Mr. Franza in prison, fully knowing Mr. Franza was unconstitutionally incarcerated based upon a waived indictment being filed. As well, failing to investigate the corruption revealed within the complaints).
- N.Y. County D. A. ‘ s office (By moving to have A. D. A. ‘ s Sheindlin & Brancato disbarred, as they knowingly used false evidence and false testimonies against Mr. Franza at trial. As well, for pushing the prosecution against Mr. Franza based upon a waived indictment. Further, moving to have disbarred, all the A. D. A. ‘s involved in the brief in opposition to Mr. Franza ‘ s appeal, in order to keep Mr. Franza in prison, based upon false evidence and testimonies).
- N.Y. State Courts (As they all upheld the corruption herein mentioned, in various proceedings initiated before them by Mr. Franza
- N.Y. State Court of Appeals
- Appellate Division First Judicial Department
- Appellate Division Third Judicial Department
- Appellate Division Fourth Judicial Department
- Sullivan County Supreme Court
- New York County Supreme Court
- Chemung County Supreme Court
- Livingston County Supreme Court
- Dutchess County Supreme Court
Its time now to read the 31 page Renewed Demand For Release Restoration Of Liberty Interest application, and the 78 page revised CPL §440 motion, to see the unconstitutional and lawless conduct of your public servants.
After you have seen the corruption, ask yourself, are these the kind of public servants you want serving you and protecting you, being paid with your tax dollars.
It is your Civic Duty to put an end to such unconstitutional conduct. Don’t wait until its someone you know, love, or anyone for that matter, or “YOU” that gets unconstitutionally incarcerated.
E-Mail your public servants, that were elected by you, and send a message such unconstitutional conduct will not be tolerated by you. Demand them to immediately take action against the corruption herein.
Under the circumstances, it is asked of you to please sign the PETITION demanding the immediate release of Mr. Franza, as your support is clearly needed. His incarceration since 1991, at the age of 33, must stop.
If you want to write to Mr. Franza directly check his whereabouts on http://nysdoccslookup.doccs.ny.gov. He could sure use some cheering up. He will write you back. If he doesn’t write you back its because he never received your letter.
If you want to write this site for information, please send your letter to firstname.lastname@example.org
A little about Mr. Franza, he was born on July 27th of 1957. He is an Italian – Hispanic, College Educated, and a “Proud Member” of N.Y.C. Local Union #3, as a Journeyman Electrician (I. B. E.W. )[International Brotherhood Of Electrical Workers].
Oh by the way, if you think things could not get any worse for Mr. Franza, think again. Check out Mr. Franza’ s Federal Petition before U. S. District Court Judge Lewis A. Kaplin, for the Southern District of New York, exposing the corruption in Mr. Franza ‘ s trial, further revealing his previous decision was unconstitutional, which was received by the court on the 14th day of November, 2014. On December 10th of 2014, Judge Kaplin denied the petition, thus allowing the corruption and his unconstitutional decision to stand.
To further show you how bad the corruption is in the court: On April 28th of 2015, Mr. Franza asked a Family member to call the court and inquire about the status of the petition, as Mr. Franza has waited months for the decision. This Family member told him the petition was denied on December, 10th of 2014. Because of the court failing to serve Mr. Franza with a copy of the denial, in a timely manner, Mr. Franza has lost his opportunity to appeal the denial, as he only had 30 days to seek an appeal. This was an intentional act. Now, Mr. Franza has to fight the court in order to allow an appeal. As soon as the denial is acquired it will be revealed herein.
As well, Mr. Franza’s direct appeal from the Habeas Court’s dismissal will be upheld by the Appellate Division of the Second Judicial Department, against the laws of this State, as outlined within the Renewed Demand For Release application. Thus, leaving Mr. Franza incarcerated, when he is entitled to immediate release.
Thank you for reading these web pages, and for whatever help you can give to support Mr. Franza. Please expose this corruption to others.