QUIET BEFORE THE
STORM
"UPDATE"
I have been incarcerated for
twenty-one months and I just recently got my first trial date for October 28,
2013, two (2) years after I was arrested. Rumor is, that even the government
thinks it’s a soft date. I recently filed a motion for violation of my
constitutional rights under my Eighth and Sixth Amendment Due Process rights.
The issue for the court was I've been a pre-trial detainee for almost two years
and during that time I was never given a trial date. I still have no significant access to (discovery)
evidence the government plans on using against me in court.
With no violence anywhere in my past
and with strict adherence to appear at all of my court proceedings, the court
still believes that there is no combination of conditions that could keep the
community economically safe as well as assure my presence in court. Yet, my ten co-defendants, who are facing the
same indictment, are free, free to be with their families, free to view their
discovery, free to fight their case.
The court has a protective order in
place which states the Bureau of Prisons (BOP), which is the Justice Department,
may not share any of my discovery with anybody else within the Department of Justice.
The same promise was made to a defendant in this circuit (Eastern District of
Pennsylvania) in 2010. The court placed more
than a protective order. They also designed
a protocol stipulation that the government had to abide by.
Still, the government reviewed all of
this defendant’s discovery, looked through all of his papers and listened to
all of his conversations while he was under the impression it was protected by
the court so he could prepare for trial.
He also was a pre-trial detainee at FDC.
Even though the government was under a court order and a specific
protocol they still violated both and in doing so did not inform the District
Judge of what they were doing.
When it came out the government used
the excuse that they thought the defendant was witness tampering. the court replied
(District Judge) even so why would you violate this court order? The court
stated that they specifically put this protective order in place so the
defendant can prepare for trial without concern of the department of justice
eavesdropping. The court was also upset
that the government ignored the court’s order.
In addition, the judge’s protective
order can be "trumped" by a Grand Jury subpoena and/or by a discovery
order from a federal bankruptcy court. To add injury to insult my co-defendants,
whom for the most part are lawyers and accountants, will not permit me to have
access to their discovery because i am a detainee at a Federal Detention
Center.
If we were able to find away to
secure discovery and to get the co-defendants comfortable, we still would have
the problem to overcome the fact that the discovery is made up of 30 terabytes
of information. The C.J.A. act would have to approve building two computers,
one for me and one for my other co-defendant detained. The beginning cost to present
the initial discovery on these computers is at a cost of $38,000 a month X 18 months,
with each month the cost rising as the additional discovery is added to the
computers.
Upon all of this (Government Wish
List) being completed, me and my co-defendant will not be able to sit side by
side and review the discovery with our counsel. The question is in how many
ways does this affect my Constitutional Eighth and Sixth Amendment Due Process
right to a fair trial? I would like to
point out the court has announced that they will be closing on Fridays for lack
of funds.
There was an alternative, I could
have been placed under house arrest reviewing my discovery with my counsel and
preparing for trial at a cost of $27 per month of which I, the defendant (not
tax payer), would have to pay, while under house arrest with an electronic
bracelet.
The warrants and the search and
seizures were on May 8th, 2008. The indictment came 3 1/2 years later on
October 26, 2011. My alleged charges were listed on the May 8, 2008 warrant. I
knew the possibility of getting arrested was inevitable. My attorney during
that time, with whom I remained in contact with, informed the government that I
was willing to self-surrender if and when there was an arrest warrant. I also
kept in direct contact with my attorney.
At all times he had a number to reach me at. The morning of the arrest
he called that number to tell me I was indicted but by then I was already in
custody.
What is the government afraid of?
Why wont they let me under stringent conditions work on my case under house
arrest. THE TRUTH ALWAYS COMES OUT IN
THE END!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
To-date it has cost the American
taxpayers millions upon millions of dollars to get to the point where they are
today.
This
indictment does not charge me with MURDER, GAMBLING, DRUGS, RAPE OR
PROSTITUTION AND THERE IS NO VIOLENCE. This
is a securities (White Collar) case dressed up to be a "MOB"
case. The only problem is that there are
no "MOB" charges. Just two
young men whose families had a history.
They are now tainted and being punished for some one else's sin's.
Recently, the court sent a
letter to my court appointed lawyer that stated I am not entitled to a perfect
trial, just a competent trial. The court
also stated in the letter to tell my lawyer he is spending too much time on my
case and because of the economic times, the court cannot guarantee payment of
my court appointed lawyer’s legal fees (see letter attached)
Although
the government had millions of dollars (documented) to spend to investigate me
for almost five (5) years, in addition to having $38,000+ per month to create an illusion they are upholding
my rights. The government does not have the money for my court approved lawyers
or investigator which this court appointed.
If not
for five years ago when the government illegally seized all my assets and
making me indigent, I would happily pay for my own defense. This is the letter
the court wrote to my lawyer and investigator. How much time would you spend on
representing me and protecting my rights if you were not guaranteed to be paid?
When I am in court, I find myself asking why
did the prosecution show up in court today? The judge is doing a very good job
on his own. We could save the taxpayers money by allowing the prosecution team
AKA the three stooges Larry, Moe and Shemp to stay home.
I may joke and try to keep my
sanity, only to give me the strength with God's help that one day this
nightmare (injustice) will be over.
For now the fight goes on. I keep a
good record of everything and with God in my corner I believe in the end I will
prevail.
I wish these terrible injustices on
no one. The real question is how can one man’s (the Prosecutor) ego and pride
cause to corrupt so many decent and honorable people?
Then I remember men like, "JIM
JONES" similar in nature to this prosecutor. In the end how many lives
have to be destroyed or lost before everyone wakes up?
Did you drink your Kool-Aid
today???
Salvatore L. Pelullo

