Coerced/illegal Plea bargain

[Kem070396]

What is the name of your state?What is the name of your state?What is the name of your state? New York

I am embroiled in the most hideously twisted case you could imagine. There are so many issues invovled, but let me hit the high points and ask a question:

Did not commit the crime;
Pissed off undercover cop (alleged);
Anticipatory Warrant issued to Postal Inspector under perjurious statements;
Wrong house searched;
Nothing found (DUH);
Charged with signing for prop box used to gain entry (the charge was made Federal because they alleged the box crossed state lines;
Prop box, containing no postage, identifiying marking,and unopened was "lost", alleged contents rendered "contraband" and never seen by me (defendant) or any of the three lawyers involved;
Fedral Grand Jury testimony perjured to get indictment, they are told there was a "purchase" of illegal materail made. no such evidence EVER existed;
Defendant blackmailed into accepting "plea bargain";
Bargain NOT accepted, Feds carried through on threat;
Second lawyer does NOT submit any evidentiary motions although two are drafted, signed, notorized, etc;
Second lawyer (friend of prosecutor) coerces defendant through wife to take plea;
Case remanded to State/local village court so Spitzer can grab a headline;
NO ALLACUTION MADE! Minutes from supposed allacution are said to be non existant as court recorder states she left the court early;
sentencing reveals that defendant never allacuted or admitted wrong doing AND reveals discord between lawyer and defendant. in two sessions, village judge (not a lawyer) does NOT halt proceedings;
Second lawyer instructed to take bake bargain within 30 days;
Second lawyer abandons client;
several years pass, Defendant is forgotten about;
Defendant advised that proceeding will commence 4 years too late for administrative reasons;
proceedings do NOT occur correctly, but defendant is still treated incorrectly per the applicable laws;
440 motion initiated by 3rd lawyer;
Village Judge denies w/put reading or appropriate comment on controlling cases cited (this judge was recently thrown off the bench for unspecified misconduct around the time of my 440 motion. this may apply to my case) ;
Leave for appeal denied w/out comment;
Spitzer's office admits they know there is no physical evidence despite the fact they maintained there was during 440 proceedure;
Postal Inspector maintains cover story despite lack of ANY evidence, citing computer e-mails from non-exitant computers (defendant's PC's never examined).

OK...NOW...the question is, does this qulify for a Brady based reopneing of the 440? What controllong case citatins could be made to initiate an evidentiary hearing at this point?

The basic case reiterated is I was accused of purchasing illegal material through the mail, and "blackmailed" into taking a plea, but there was no purchase, nothing mailed, no illegal material ever found, please should have been retracted.

 

[calatty]

A plea is valid if you entered the plea voluntarily. There has to be a reporter's transcript of your plea, the word for word transcription of the proceedings taken down by the court reporter in court. Pleas are always taken in court on the record. That would show any in court dispute you had with your attorney or whether allocution took place. What kind of "blackmail"? What kind of "coercion" resulted in the plea? If you can show the plea was not voluntary, you get to undo your plea and start back at square one facing the full charges and a trial. Is that what you want?

 

[Kem070396]

There are NO MINUTES. They DO NOT EXIST. Spring Valley (New York) Village court supposedly has some sort of exemption that there has to be minutes, the same as the judge does not have to be a lawyer (as riduclous as that sounds). The lack of these minutes should have triggered a hearing, but Thaxton ignored this!!!

As for agreeing to the plea bargain, I refere to a direct quote from the minutes of the sentencing from the (now thrown out) Judge Thaxton: "If you still disagree with this, you have 30 days to change your mind..."

Blackmail: Mary Jo White's office said (after a year of back and forth) if I did not take the plea bargain, they would inform my employer of the charge. I said no. They informed them. I lost my job (first ot three times this happened).

Coersion: Second lawyer met with my wife and I on a Sunday afternoon and told us I had to take the plea. When I FREAKED out, he asked me to leave, told my wife that if I did not take it, I would be killed in prison and our newborn would grow up w/out a father". She broke down and forced me to take it, but then realized as I did that it was BS and agreed to take it back, which didn't happen as second lawyer abandoned me/us.

The whole reason behind the 440 motion is tot ake back the plea and go to trial, absolutely. I want these people exposed for what they did and my name vindicated. There are dozens of perjurious statements a more than a few ethical issues involved here!

 

[Adam Rinkleff]

bureaucratic nightmare

There are NO MINUTES. They DO NOT EXIST.

Yah, I'm in the same situation; everyone says that a plea-bargain has to be voluntary, blah, blah blah, but the system has absolutely no safeguards to ensure that this actually is the case. I 'accepted' a plea-bargain when I wasn't even in the building! The court just went ahead and found me guilty of a lesser charge, in collusion with a random lawyer who I never paid or trusted, but who claimed to represent my interests: I never saw the judge, never saw the prosecutor, and never even saw the inside of the courthouse. Everyone I tell this to says that its unbelievable and I'm obviously stretching the truth or hiding something; but nope, this is the actual truth, and now my life is ruined because I'm trapped in a bureaucratic nightmare...