Letter To Judge Baxter. DEF's CRIMES & MISCONDUCT Misstated by Court. Filed Nov 22, 2022)
Letter To Judge Baxter. DEF's CRIMES & MISCONDUCT Misstated by Court. Filed Nov 22, 2022)
First, I apologize for the last-minute submission of this letter. For important
reasons, I have been away from my practice and only just returned. I hope this does
not present an inconvenience to the Court.
I am quite sure that the Court is sick of hearing about the missing arrest
report along with the various other documents that remain missing. In fairness, the
Court has been critical of me for being stubborn in pursuit of this and related
documents. Opposing counsel has presented to the Court that its demise was a
mystery, that it may never have ever been drafted and, if indeed it was, it’s
disappearance was of no consequence because the Plaintiff was “never formally
charged”.
Previous to this writing, Plaintiff could only infer the existence of the arrest
report because of various other actions that would only occur if it in fact existed.
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While a compelling argument was made in this regard, it is certainly not as good as
physical evidence of the documents existence.
There is now no question that the Arrest Report, Ms. Glover’s statement, the
statement of Matthew Parisi and other related documents existed upon the night of
her arrest and for several days afterward, that the defendants in fact possessed them
and that they sought to hide them outside of the structured archive system in place
at the Sheriff’s Department. Specifically, in response to a subpoena for records of
the Onondaga County District Attorney’s Office issued by this Court, an email was
produced that demonstrates that defendants had the various documents, and they
were seeking to remove them from the filing process. Exhibit A. (Defendant’s
reference to the CHAIRS system, by the way, is a red herring. Ms. Glover was
already in the CHAIRS system well before the email was written.)
As well, Ms. Felter informed this Court and myself of the great lengths
involved to investigate the loss of these documents, to ascertain their prior
existence and to procure them if possible. We were informed of various Deputies
researching the records and presented with the same conclusion, that they either
never existed or, if they did exist, they are simply gone and no one knows what
happened to them. We are to believe that they are simply lost without explanation.
Clearly however, the defendants knew that the arrest report, defendant’s
statement and other records once existed, they were seeking guidance to remove
them from the system (an illegality) and defendants obviously know what became
of them (another illegality).
Moreover, it is very clear that Ms. Felter, if she inquired at all into the
existence of these records, did not make inquiry of her own clients.
I would remind the Court that various other records, video records, etc. have
been found to be destroyed or missing contrary to County Policy and New York
State Law. Further, Mr. Murphy predicted that these documents existed and, in
fact, they did and possible still do.
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Other Misconduct
Will Jones
While common sense points to the possibility that the records may no longer
exist, for obvious reasons I will be submitting a subpoena for the Courts signature.
I can think of no reason why a subpoena would not be appropriate and it is
certainly my client’s right to request one. Moreover, the use of a subpoena has
proven to be the only effective tool as noted above.
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For all practical purposes, none of the above material was never provided
upon multiple requests.
I would suggest that a more plausible excuse is that the deposition was very
close to election day.
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Now, Ms. Felter wants to reschedule. Although I very much want this to go
forward I must inform the Court however, that Mr. Murphy is not presently
available. I am aware that he was brought to the hospital on an emergency basis a
few days ago. I am not presently aware of his condition so, rescheduling will
simply have to wait.
I can say without equivocation that the methods employed by defendants are
beyond the bounds of legal behavior. This has led directly to the delay and
frustrations noted in this case. However, while this matter has been long on the
Court’s docket, we have made significant headway in the face of persistent illegal
resistance. Delays cannot be attributed to the plaintiff, and she should not suffer
from lack of discovery, investigation or the appropriate support of the Court
because defendants utilize unethical methods.
I trust you will give all of this your careful consideration in arriving at an
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Jeffrey Parry