Monday, August 19, 2013
LETTER TO JUDGE ROBERT KUGLER - AUGUST 16, 2013 - NEW POST!
Salvatore L. Pelullo
P.O. Box 562
Philadelphia, PA 19105
August 16, 2013
Honorable Robert B. Kugler
United States District Court Judge
Mitchell H. Cohen Courthouse
Fourth and Cooper Streets
One John F. Gerry Plaza
Camden, New Jersey 08103
Dear Judge Kugler,
I pray my words don’t fall on death ears. I have struggled for months to understand the personal conviction of the Court with my case.
Yet I cannot see nor understand; what is so evidently clear animosity, prejudice, and a total disregard for me as an individual.
If you were stripped Your Honor of all your worldly possessions, lost your family, and your self-respect and dignity. Then thrown in a cage and accused of things that you did not do. How would you (lash out)? How would you react to this?
Is there not compassion in the justice system to find truth, instead of signing the guilt and then looking for the evidence?
Yes, I am rough around the edges, yes I speak my mind, and yes I talk with a tough tony lingo. In the end, I am diligent, meticulous, persistent, and non-tolerable of mistakes, made by people I manage or works directly for me. I’m a perfectionist – IS THAT A CRIME?
My father once told me “Son, in life there are people who work all week to pay their bills, feed their family, and clothe their children. So when Friday comes they proudly pick up their checks. Then Son, there are people who work all week to make sure that the checks are there on Friday for those people.”
Judge I was part of a team that made sure this happened, week after week. You will have an opportunity to hear some of those people talk, even the ones who disliked me but respected me because I kept the wheels of business turning.
I apologize if I speak loud in your courtroom. I have devised a system now with my lawyers so that it will not be an issue in the future.
My intentions of writing this letter to you are twofold. First and foremost, Howard Drossner, whom I have known more than a decade, who was my co-defendant and at one time my friend. Mr. Drossner pled guilty of a charge he was innocent of. In fact, the only thing he was guilty of was making the statement he was guilty.
In this man’s life time he has not received a moving violation. This is a man who believed in our system, a man who sought justice, a man who was shattered with disappointment when he saw that he was not to receive justice. You swore, no matter race, creed, and religion, you would protect all citizens from injustice even if it is within the Government.
This man paid his taxes for more than 40 years. Mr. Drossner raised a beautiful family and was a supporter of many charities.
People who know Howard Drossner won’t judge him because of this. Why? Because they know the man whom they called their friend, their father, their trusted accountant.
So why does a man plead guilty if he is innocent?
Fear, fear of the justice system, he so trusted for many years. Fear of this Court by its rulings, comments, and actions.
Judge, you are not supposed to be feared. Respected, honored, fair, neutral yes but not feared.
Judge you are supposed to balance the Lady of Justice, to find the truth. The defense has filed almost 100 motions, every single one was denied. The motion the Government filed were all approved.
Judge, you as well as the Defendants, have the distinct honor of having some of the top criminal lawyers in the country present in your court room. I think that is a statement even you would agree with. How, then Judge, is it possible that they are all wrong individual and collectively on every issue? Leaving the Government correct on every single issue.
In Olmstead v. United States, 277 U.S. 438, 48 S.Ct. 564 72 L.Ed. 944 (1928). In Justice Brandeis’ dissent, it is fitting to quote here what he wrote and new to be the truth over 85 years ago and is still part of our justice system today. “Decency, security and liberty alike demand that Government officials shall be subjected to the same rules of conduct that are commands to the citizen. In a Government of laws, existence of the Government will be imperiled if it fails to observe the law scrupulous. Our Government is the potent the omnipresent teacher. For good or for ill, it teaches the whole people by its example. Crime is contagious. If the Government becomes a lawbreaker, it breeds contempt for law; it invites every man to become a law unto himself; it invites anarchy. To declare that in the administration of the criminal law the ends justifies the means – to declare that the Government may commit crimes in order to secure the conviction of a private criminal – would bring terrible retribution against that pernicious doctrine this Court should resolutely set its face.
Judge Kugler you stated at our August 2, 2013 status conference and I quote “If the Government went up on that wire before I signed the order they will have a problem”.
I believe when that the time comes you will honor your word.
I want to apologize to the whole Drossner family for this terrible misfortune of justice. I will not know or meet a man as honest and with much integrity as Howard Drossner.
Your Honor, the second reason I write you this letter is because every night I pray. I ask God only for a fair trial. I beg the Court to allow this to happen. I am looking forward to vindicating myself to my family, friends, and for my co-defendants.
Judge you have been a shield and a crutch for Mr. D’Aguanno since 2007. You have provided Mr. D’Aguanno with every advantage. There is no reason to list them, they are evident to everyone.
I hope and pray the Court from picking the jury to the final verdict will allow Mr. D’Aguanno to try his own case, with no input or comment and or suggestion by word or face from the Court.
In closing, Your Honor, you don’t have to like me to give me a fair trial. As the younger Mr. Gross knows from my brother (who will be home shortly) I am a fighter for my rights. Shakespeare said and I quote “I will not go quietly into the night”.
If at the time of the verdict I am found guilty of one or more charges that is not the end that is just the ending of the beginning.
I thank the Court for taking the time to read this letter. If I seem brazen or rough around the edges that is who I am. Is that a crime?
Salvatore L. Pelullo