VICTOR D'AGOSTINO AND RONALD LUCAS COMMITTED PERJURY IN PASSAIC COUNTY, NEW JERSEY

Sunday, December 20, 2015

WALTER DEWEY OF PASSAIC COUNTY COMMITTED PROSECUTORIAL MISCONDUCT AND VIOLATED DEFENDANT’S RIGHT TO DUE PROCESS OF LAW UNDER THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND UNDER THE NEW JERSEY CONSTITUTION

RONALD LUCAS AND VICTOR D'AGOSTINO, TWO PASSAIC COUNTY OFFICERS COMMITTED PERJURY DURING GRAND JURY TESTIMONY

WALTER DEWEY, JR. OF PASSAIC COUNTY COMMITTED PROSECUTORIAL MISCONDUCT AND VIOLATED DEFENDANT’S RIGHT TO DUE PROCESS OF LAW UNDER THE FIFTH AND FOURTEENTH AMENDMENTS TO THE UNITED STATES CONSTITUTION AND UNDER THE NEW JERSEY CONSTITUTION

Color of Law Abuses

U.S. law enforcement officers and other officials like judges, prosecutors, and security guards have been given tremendous power by local, state, and federal government agencies—authority they must have to enforce the law and ensure justice in our country. These powers include the authority to detain and arrest suspects, to search and seize property, to bring criminal charges, to make rulings in court, and to use deadly force in certain situations.

Preventing abuse of this authority, however, is equally necessary to the health of our nation’s democracy. That’s why it’s a federal crime for anyone acting under “color of law” willfully to deprive or conspire to deprive a person of a right protected by the Constitution or U.S. law. “Color of law” simply means that the person is using authority given to him or her by a local, state, or federal government agency.

The FBI is the lead federal agency for investigating color of law abuses, which include acts carried out by government officials operating both within and beyond the limits of their lawful authority. Off-duty conduct may be covered if the perpetrator asserted his or her official status in some way.

During 2012, 42 percent of the FBI’s total civil rights caseload involved color of law issues—there were 380 color of law cases opened during the year. Most of the cases involved crimes that fell into into five broad areas:

Excessive force;

Sexual assaults;

False arrest and fabrication of evidence;

Deprivation of property; and

Failure to keep from harm.

Excessive force: In making arrests, maintaining order, and defending life, law enforcement officers are allowed to use whatever force is “reasonably” necessary. The breadth and scope of the use of force is vast—from just the physical presence of the officer…to the use of deadly force. Violations of federal law occur when it can be shown that the force used was willfully “unreasonable” or “excessive.”

Sexual assaults by officials acting under color of law can happen in jails, during traffic stops, or in other settings where officials might use their position of authority to coerce an individual into sexual compliance. The compliance is generally gained because of a threat of an official action against the person if he or she doesn’t comply.

False arrest and fabrication of evidence: The Fourth Amendment of the U.S. Constitution guarantees the right against unreasonable searches or seizures. A law enforcement official using authority provided under the color of law is allowed to stop individuals and, under certain circumstances, to search them and retain their property. It is in the abuse of that discretionary power—such as an unlawful detention or illegal confiscation of property—that a violation of a person’s civil rights may occur.

Fabricating evidence against or falsely arresting an individual also violates the color of law statute, taking away the person’s rights of due process and unreasonable seizure. In the case of deprivation of property, the color of law statute would be violated by unlawfully obtaining or maintaining a person’s property, which oversteps or misapplies the official’s authority.

The Fourteenth Amendment secures the right to due process; the Eighth Amendment prohibits the use of cruel and unusual punishment. During an arrest or detention, these rights can be violated by the use of force amounting to punishment (summary judgment). The person accused of a crime must be allowed the opportunity to have a trial and should not be subjected to punishment without having been afforded the opportunity of the legal process.

Failure to keep from harm: The public counts on its law enforcement officials to protect local communities. If it’s shown that an official willfully failed to keep an individual from harm, that official could be in violation of the color of law statute.

Filing a Complaint

To file a color of law complaint, contact your local FBI office by telephone, in writing, or in person. The following information should be provided:

All identifying information for the victim(s);

As much identifying information as possible for the subject(s), including position, rank, and agency employed;

Date and time of incident;

Location of incident;

Names, addresses, and telephone numbers of any witness(es);

A complete chronology of events; and

Any report numbers and charges with respect to the incident.

You may also contact the United States Attorney’s Office in your district or send a written complaint to:

Assistant Attorney General Civil Rights Division Criminal Section 950 Pennsylvania Avenue, Northwest Washington, DC 20530

FBI investigations vary in length. Once our investigation is complete, we forward the findings to the U.S. Attorney’s Office within the local jurisdiction and to the U.S. Department of Justice in Washington, D.C., which decide whether or not to proceed toward prosecution and handle any prosecutions that follow.

Civil Applications

Title 42, U.S.C., Section 14141 makes it unlawful for state or local law enforcement agencies to allow officers to engage in a pattern or practice of conduct that deprives persons of rights protected by the Constitution or U.S. laws. This law, commonly referred to as the Police Misconduct Statute, gives the Department of Justice authority to seek civil remedies in cases where law enforcement agencies have policies or practices that foster a pattern of misconduct by employees. This action is directed against an agency, not against individual officers. The types of issues which may initiate a pattern and practice investigation include:

Lack of supervision/monitoring of officers’ actions;

Lack of justification or reporting by officers on incidents involving the use of force;

Lack of, or improper training of, officers; and

Citizen complaint processes that treat complainants as adversaries.

Under Title 42, U.S.C., Section 1997, the Department of Justice has the ability to initiate civil actions against mental hospitals, retardation facilities, jails, prisons, nursing homes, and juvenile detention facilities when there are allegations of systemic derivations of the constitutional rights of institutionalized persons.

Report Civil Rights Violations

File a Report with Your Local FBI Office

File a Report over Our Internet Tip Line

Visit Our Victim Assistance Site

Resources

Deprivation of Rights Under Color of Law Statute

Principles for Promoting Police Integrity (pdf)

Addressing Police Misconduct

FBI Newark

Claremont Tower

11 Centre Place

Newark, NJ 07102

Phone: (973) 792-3000

Fax: (973) 792-3035

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The following brief provides all the details of the perjury and prosecutorial misconduct of the Passaic County employees against Dr. Basilis N. Stephanatos. These corrupt individuals not only took his home that he fully owned, but they also filed fraudulent charges to keep him in jail and justify their wrong doing. Many of them in Passaic County (that has a reputation that is one of the most corrupt counties in the state) are corrupt as they know that they will get away with it.

MILES R. FEINSTEIN, ESQ.

1135 CLIFTON AVENUE

CLIFTON, NEW JERSEY 07013

TEL: (973) 779-1124

FAX: (973) 779-9883

Attorney for Defendant

Basilis N. Stephanatos

TO: Passaic County Prosecutor’s Office

401 Grand Street

Paterson, New Jersey 07505

Attn: Assistant Prosecutor Peter M. Roby

PLEASE TAKE NOTICE that on Wednesday, December 16, 2015, the defendant, Basilis N. Stephanatos, shall move before the Honorable Miguel A. de la Carrera, J.S.C., at the Passaic County Court House, Paterson, New Jersey, for the following:

(1) An Order dismissing the indictment with prejudice because the State: never informed the grand jurors that the Passaic County Sheriff failed to obtain a mandatory Warrant of Removal in violation of New Jersey Law for entry into dwellings (see N.J.S.A. 2A:39-1 Unlawful entry prohibited); misled and lied to the grand jurors so that they are prejudiced against the defendant regarding the commercial instrument located in the front porch of defendant’s place of business; elicited damaging false testimony from witnesses to prejudice the grand jurors against the defendant; refused to allow the defendant to inform the grand jurors that defendant’s property was impermissibly over-assessed and no taxes were legally due; failed to provide to the grand jury exculpatory evidence (emails and phone records) obtained from defendant’s computer clearly negating necessary elements of the alleged offenses and proving that Ronald Lucas and Victor D’Agostino lied; refused to allow the defendant to provide clearly exculpatory evidence to the grand jurors refuting the allegations of the witnesses and/or negating elements of the alleged offenses; refused to allow the defendant to inform the grand jury that several of his constitutional rights and several state laws were violated by conspirators and the State; refused to allow the defendant to inform the grand jury that Judge Margaret McVeigh violated a number of state laws and NJ Court Rules and other legal procedures in accordance with Royal Tax Lien Servs., LLC V. Morodan, Docket No. A-6030-12T1 (N.J. Super. App. Div. Jul 03, 2014), I.E.'s, L.L.C. v. Simmons, 392 N.J. Super. 520, 537 (Law Div. 2006), Ronan v. Adely, 182 N.J. 103, 110-11 (2004); Cameco, Inc. v. Gedicke, 157 N.J. 504, 509-10 (1999); Kas Oriental Rugs, Inc. v. Ellman, 407 N.J. Super. 538, 562-63 (App. Div.), certif. denied, 200 N.J. 476 (2009); and that Judge Margaret McVeigh failed to consider the full equity that defendant had in his home in direct violation of New Jersey case law in accordance with Royal Tax Lien Servs., LLC V. Morodan (Point I in brief);

(2) An Order dismissing the indictment with prejudice because the more than four (4) year case delay deprived the defendant of his constitutionally-guaranteed right to a speedy trial causing severe economic and non-economic hardship, loss of employment and professional licenses, loss of reputation, and other hardships. Barker v. Wingo, 407 U.S. 514, 530, 92 S. Ct. 2182, 2192, 33 L. Ed. 101, 117 (1972), State v. Cahill, 213 N.J. 253 (2013), State v. Jonathan E. Downs, Docket No. A-0, N.J. Superior Court, Appellate Division, February 14, 2014 (Point II in brief);

(3) An Order dismissing the indictment with prejudice as the grand jury presentation is fatally flawed as no definitions as to “culpability”: (“purposely”, “knowingly,” “recklessly” and “negligently”) were provided to the grand jurors; and the State fraudulently refused to provide clearly exculpatory evidence to the grand jury regarding the mens rea of the defendant showing that defendant was only lawfully defending his home and his place of business from criminal and/or illegal activity (Point III);

(4) An Order dismissing the indictment with prejudice as the state refused to allow the defendant to testify at the grand jury proceedings as was requested by Mr. Carl Herman, Esq. and as a result, the grand jurors were never instructed that the defendant was entitled to show that he was motivated by an honestly held (but incorrect or unreasonable) belief (Point IV);

(5) An Order dismissing the indictment with prejudice as the State never instructed the grand jurors as to the applicable defenses of ignorance or mistake or duress or entrapment (Point V);

(6) An Order dismissing the indictment with prejudice as the State never instructed the grand jurors as to the New Jersey’s self-defense law and defense of dwelling or place of business (Point VI);

(7) An Order dismissing the indictment with prejudice due to the use of perjured testimony, the use of false, misleading and/or fraudulent evidence, the intentional fabrication of damaging or misleading testimony, the exclusion of clearly exculpatory witnesses’ testimony, and the State’s failure or refusal to present clearly exculpatory evidence negating elements of the alleged offenses (Point VII);

(8) An Order dismissing the indictment with prejudice due to the outrageous government conduct in misleading and lying to the grand jury (Point VIII);

(9) An Order requiring the State to produce any and all internal affairs complaints/investigations/personnel files involving any of the law enforcement officers involved in this matter; particularly the personnel files of Officers Ronald Lucas and Victor D’Agostino; and the medical records of Officer Lucas evidencing no past sport-related or other injuries. At the very least, there should be in camera review (Point IX);

(10) An Order requiring a pretrial hearing in this matter pursuant to the criteria set forth in State v. Driver, 38 N.J. 255 (1962) (purpose of a Driver hearing is to be sure that the recording device was capable of taking the statement, that its operator was competent, that the recording is authentic and correct, and that no additions or deletions have been made) (Point X);

(11) An Order requiring the State to produce any and all records and/or information which could arguably be helpful or useful to the defense in impeaching or otherwise detracting from the probative force of the State's evidence, or which could arguably lead to such records or information, including, but not limited to any sheriff or police or S.W.A.T. vehicle video and/or audio tapes, telecommunications between the sheriff officers and other state or county personnel during the day of the incident and afterwards, photographs obtained by the S.W.A.T. team and the sheriff personnel or other law enforcement personnel involved. Finally, any incident reconstruction report will also be beneficial for the defense of the charges. This was a major event that made headlines in the printed, online and broadcast media and the sheriff radically changed its process division afterwards. Thus, it is safe to assume that such reconstruction investigation is available from the State or Passaic County or the Sheriff. Defendant hereby requests that such incident reconstruction report and/or records be made available to the defense.

Any evidence whatsoever which would tend to exculpate the defendant. Defendant relies upon Brady v. Maryland, 373 U.S. 831 (1963); Giglio v. United States, 405 U.S. 105 (1972); Davis v. Alaska, 415 U.S. 308 (1974); State v. DiRienzo, 53 N.J. 360 (1969); Rule 20, Rules of Evidence; United States v. Bonanno, 430 F.2d 1060 (2nd Cir. 1970), cert. denied, 400 U.S. 964 (1971); State v. Satkin, 127 N.J. Super. 306 (App. Div. 1974); State v. Carter, 69 N.J. 420 (1976).

(12) The defendant moves for an Order compelling the Prosecutor to make disclosure to the defendant, and, in the case of a tangible item, to produce for inspection and copying by the defendant, all evidence in the possession, custody and control of the prosecutor and/or any of its agents, or others, if the existence is known to the State, when the evidence is favorable to the defendant, and material to the issue of credibility, guilt, or punishment, or bears upon, or could reasonably weaken or effect the credibility of any evidence proposed to be introduced against this defendant by the State, or bears in any material degree on the charges contained in the indictment and prosecution under it, or in any manner may aid the defendant in the ascertainment of the truth. The disclosure and production of such evidence is to be made without regard to whether the evidence to be disclosed and produced be deemed to be admissible at the trial of this cause. Brady v. Maryland, 373 U.S. 83.

(13) The defendant moves for sequestration of witnesses during pretrial hearings and trial.

(14) The defendant specifically reserves the right to challenge the array in the jury pool;

(15) Defendant moves for an Order compelling the State to disclose if the State is going to call an expert at the trial of this matter; and whether any forensic examinations of the computers seized has been done.

(16) An Order compelling the production of all tape, video and electronic or printed matter recordings made in this matter.

(17) The return of all items taken from the defendant, his family, his home or business, which will not be offered as evidence at trial and which have not already been returned to defendant. Defendant will rely upon oral argument regarding this request.

(18) An Order suppressing all evidence seized (and dismissing the indictment) as the product of an unlawful search, contrary to the Fourth Amendment of the United States Constitution and Article I, Paragraph 7 of the New Jersey Constitution as the State violated the defendant’s expectation of privacy and a violation of the defendant’s First Amendment right to free speech and assembly, see State v. Reid, 389 N.J. Super. 563, motion for leave to appeal granted, 190 N.J. 250 (2007); U.S.Const. Amend. I; XIV; N.J.Const. Amend. Art I, Par. 6 and Par. 7. Peering into dwelling places, is a crime that has been committed by the sheriff and county employees as they did not have a law-mandated Warrant for Removal (see N.J.S.A. 2A:39-1 Unlawful entry prohibited, et seq.), and were trespassing on defendant’s property and peering through his residential window(s). See 2C:18-3. Unlicensed entry of structures; defiant trespasser; peering into dwelling places.

(19) An Order suppressing the legally-owned firearms seized, the defendant did not voluntarily consent to the illegal search, Officer Lucas was illegally peering through the front door side window of the defendant’s residence (this is a criminal act, see 2C:18-3. Unlicensed entry of structures; defiant trespasser; peering into dwelling places), he had no law-mandated Warrant for Removal (see N.J.S.A. 2A:39-1 Unlawful entry prohibited), the Sheriff employees were trespassing and there were no exigent circumstances to justify the trespass and the associated search and seizure. U.S. Const. Amend. IV; N.J. Const. (1947), Art. I, Par. 7.

(20) An Order suppressing all evidence seized because the Affidavit submitted in support of the issuance of the search warrant contained misrepresentations and fabrications; at the very least, an evidentiary hearing must be held. Franks v. Delaware, 438 U.S. 154, 98 S.Ct. 2674, 57 L.Ed.2d 667 (1978); State v. Novembrino, 105 N.J. 95 (1987); State v. Petillo, 61 N.J. 165 (1972); State v. Nelson, 155 N.J. 487, 498-500 (1998); R. 3:13-3(c)(6) (information in the possession, custody and control of the prosecutor concerning the source of the information in the affidavit should have been provided in discovery).

(21) An Order suppressing all evidence seized based upon irregularities in the execution of the search warrants (including the failure of law enforcement to “knock”); State v. Johnson, 168 N.J. 608 (2001).

(22) An Order suppressing the statement given by the defendant; at the very least, a Jackson-Denno-Miranda hearing must be held to determine the statement’s admissibility, see Miranda v. Arizona, 384 U.S. 436, 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966); Jackson v. Denno, 378 U.S. 368, 84 S.Ct. 1774, 12 L.Ed.2d 908 (1964); N.J.R.E. 104(C).

(23) Defendant moves for an Order disclosing who has had access to the computers seized at the time of the execution of the search warrant in this matter; any utilization of or intrusions into the computer, with a delineation of the individuals who accomplished the same; with the date, purpose and results of the same.

(24) An Order dismissing the indictment with prejudice because the defendant was the victim of a criminal conspiracy by individuals and entities who lied to the courts and court clerks and hired the sheriff’s officers to illegally seize defendant’s home/business in violation of state and federal laws; the conspiracy was uncovered by the Federal Bureau of Investigation (FBI) with assistance from the defendant (See https://www.fbi.gov/newark/press-releases/2014/former-new-york-tax-liens-investment-company-executive-pleads-guilty-to-role-in-bid-rigging-scheme-at-municipal-tax-lien-auctions); its existence against the defendant and thousands of New Jersey homeowners was determined and confirmed by the federal judge Michael A. Shipp in the federal antitrust case IN RE NEW JERSEY TAX SALES CERTIFICATES ANTITRUST LITIGATION, Master Docket No. 3:12-CV-01893-MAS-TJB (see http://www.antitrustupdateblog.com/blog/antitrust-claims-survive-motions-to-dismiss-new-jersey-tax-lien-bid-rigging-class-action/) and by the conviction of at least 15 individuals and entities in New Jersey, including Passaic County, by the U.S. Attorney’s Office (See https://www.fbi.gov/newark/press-releases/2014/former-new-york-tax-liens-investment-company-executive-pleads-guilty-to-role-in-bid-rigging-scheme-at-municipal-tax-lien-auctions). (Point XI).

(25) The charges under the N.J.S. 2C:12-1b(9) statute must be dismissed with prejudice as they are applicable in law enforcement officer activities; Ronald Lucas and Victor D’Agostino were serving court papers, as per their grand jury testimony, they were not wearing dark blue or black law enforcement uniforms (only the light blue process server uniforms) as this was a civil matter, they never announced themselves as law enforcement officers and they never knocked (as per their testimony). The state fraudulently charged the defendant under 2C:12-1B(9) to demand an additional $200,000 cash bail to try to hold the defendant in jail (Point XII).

(26) The charges under the N.J.S. 2C:17-2c statute must be dismissed with prejudice as defendant’s home was located in a wooded, remote area of Wayne Township, where less than 2 homes were located and less than 2 people were within 100 feet of defendant’s home. Furthermore, defendant at no time was notified that he had committed an offense or that he was under arrest, at no time did he display a weapon, and at no time did he barricade inside his home (Point XIII).

(27) Defendant respectfully reserves the right to make further motions in the event additional discovery is provided, or if the interests of justice so require.

[1] N.J.S.A. 2A:39-1 Unlawful entry prohibited.

No person shall enter upon or into any real property or estate therein and detain and hold the same, except where entry is given by law, and then only in a peaceable manner. With regard to any real property occupied solely as a residence by the party in possession, such entry shall not be made in any manner without the consent of the party in possession unless the entry and detention is made pursuant to legal process as set out in N.J.S.2A:18-53 et seq., as amended and supplemented; P.L.1974, c.49 (C.2A:18-61.1 et al.), as amended and supplemented; P.L.1975, c.311 (C.2A:18-61.6 et al.), as amended and supplemented; P.L.1978, c.139 (C.2A:18-61.6 et al.), as amended and supplemented; the "Tenant Protection Act of 1992," P.L.1991, c.509 (C.2A:18-61.40 et al.); or N.J.S.2A:35-1 et seq. and "The Fair Eviction Notice Act," P.L.1974, c.47 (C.2A:42-10.15 et al.). A person violating this section regarding entry of rental property occupied solely as a residence by a party in possession shall be a disorderly person.

[2] Tenant at Sufferance

Tenant who stays in an apartment after her tenancy has ended without permission from the landlord.

[3] Plaintiff had filed a suit to vacate the tax deed (Passaic County, Law Division L-2973-11). That suit was filed within the statutory period of three months. Due to the fraudulent issuance of an ex-parte writ of possession that is applicable to mortgage foreclosure cases and not tax lien cases, and the wrongful interference by the defendants of Plaintiff’s legal rights, the Law Division did not hear that lawsuit.

In Bardon v. Land & River Improvement Co., 157 U.S. 327 (1895), the U.S. Supreme Court said that even after the expiration of the statutory period, the deed could be attacked on the ground of want of power to levy the taxes and the power to sell by reason of payment of taxes, lack of jurisdiction in the taxing officers, or the like. Bardon, supra at 334.

Here, the Plaintiff in fact alleges that no taxes were due to the Wayne Township and the Township did not have the power to sell his homestead property due to the above-mentioned constitutional violations. Plaintiff also alleges that his federal rights of equal protection and due process have been violated.

[4] Robert Del Vecchio, Sr has pleaded guilty to a felony charge filed by the U.S. Department of Justice in Newark, New Jersey on September 30, 2013.

[5] New Jersey Constitution, ARTICLE I

RIGHTS AND PRIVILEGES

Par. 1. All persons are by nature free and independent, and have certain natural and unalienable rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing, and protecting property, and of pursuing and obtaining safety and happiness.

[6] The Court should note that these criminals used the mortgage foreclosure procedures that are not applicable to a tax lien foreclosure case. This is very critical for the Court to understand.

[7] Plaintiff’s residential property had been damaged by flooding along the Ramapo River and had lost a significant portion of its value. The Municipal Defendants had over assessed Plaintiff’s property by 40 percent, exceeding the 15 percent over assessment allowance. Therefore, the taxes assessed onto Plaintiff’s property were void ab initio as a matter of New Jersey Law.

[8] Dr. Stephanatos has insisted that his doors were all closed and locked with a deadbolt and that the two officers performed an unlawful search inside his dwelling in violation of his Fourth Amendment federally-protected rights. The state has admitted in the criminal court proceedings before Judge Filko that the two sheriff officers did not have a Warrant and they were illegally attempting to remove him from his dwelling while working as agents for the convicted criminals and conspirators Robert Del Vecchio, ATF, et al.

Defendant has also alleged that these two sheriff officers conspired, and falsified their reports and testimonies and claimed that defendant’s door was wide open. In any event, defendant’s door was either open or closed, but a door is not considered a barricade.