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Hello, My name is Vito J. Russo. I have been incarcerated since Nov. 2002. I was held without bail then wrongfully convicted to 21 years for a crime I did not do. As if that was not enough I was charged and threatened with 15-20 more years federally. I have worked as the inmate legal assistant, (jail house lawyer) for a couple years now. I studied some law before my incarceration, but my work was in ministry, counseling, volunteering and helping others. I have been an activist for rights and humanities of others all of my life and a voice for the poor, the homeless, elderly, children-etc. I have a passion for animals and worked as a veterinary assistant as well as on a farm for several years. (An impression of me is no angel, but simply caring & kind). I am not guilty of a crime
and wrongly convicted. The person that made the alleged criminal complaint
(John McKay) had a ‘million dollar’ reason and motive to get rid of me. He
wanted a Historic Motel and Giftshop that I bought from him, which he found
out was more valuable later. He would do anything to get it back. In Nov 2002,
I was arrested for an attempted simple assault, no physical harm,
violence, fear nor threatening manner what so ever, just he said/she said
(hearsay). This was the charge after an experienced officer took the report
and wrote the misdemeanor. That same night my charges changed 4-5
different times on sworn affidavits and police reports. The head state
prosecutor was also called at home that night for this misdemeanor, at
dinnertime on a Sunday one week before thanksgiving. (Not normal procedure). This prosecutor (Dan Davis),
has been publicly reprimanded by attorneys & local as well as Supreme
Court judges for bad acts, mostly involving misconduct, misleading others and
evidence problems at the least. It’s been in the press several times. He
also knew my alleged victim, who is very influential and wealthy, this
prosecutor would do him a favor, that was to get rid of me forever. Small town
wealth and politics. Making me a political prisoner. This same prosecutor
called in favors to the federal government the day after my arrest, then I
received federal charges the 3d day. (I have there e-mail which talks of
putting a case together against me and a seminar in the woods). I ended up being charged with
attempted aggravated assault, and the alleged victim originally stated in
reports, he was not threatened in any way or in any fear. There was no intent
to do anything to him at all. He changed his statements several times. This
crime did not take place and was an out right lie which in each report was
changed and exaggerated more and more. The alleged crime would have been
impossible for me to do! I have stated my innocence from the beginning and
very much evidence shows this to be true. Today I have even more evidence
proving this. I am a political prisoner, almost feeling hopeless because of
the injustices I have seen and felt. Losing not only everything I ever owned
but also my life and family that were behind me faithfully at one time. The
traumatic effects of never getting out of prison again was to much for them
coupled with the truth and knowledge of my innocents. The arbitrary treatment
was witnessed and outrages. I keep going in faith for truth and justice one
day. *I was sentenced to 21 years
by the state and the jury’s first question, after 2 days of trial and 5
hours deliberation was, “Do we have to find the defendant guilty”? My
appointed appeals attorney was limited and rushed an argument in front of the
Vermont Court that my State and Federal Constitutional rights were violated.
Actual innocents & Plain error. That I was put in a catch 22 situation and
that even basic fundamental principles of law were violated. Stating there
were no evidence and the crime most likely did not happen. There was
improper jury instruction. No lesser offense was allowed. Some jury questions
were not answered because the evidence was ‘put up for the weekend’! There
was much proof of prosecution misconduct, etc. The judge in the case also just
left the prosecutors office working for this same lead state attorney that was
in this case. This judge was very loyal to the former boss, which is very
evident in my case. The prosecutor for the state, later in appeals quoted twice
in Supreme Court, there was no intent, fear nor even a threat to the alleged
victim? The opposite of what a jury had been convinced of to find me
guilty! The chief Supreme Court judge quit the day after hearing my
case! Yes-He resigned! Then did not give an opinion, though he asked important
questions. These were just a few things in appeals. The trial was very slanted
and unfair putting it mildly. Even the average person that did not know me but
viewed the trial thought and stated this. Meanwhile the government was
putting their case together getting special permission from Washington to
waive a Petite Policy in my case only used for serious federal interest
(terrorists and gangsters). So even if double jeopardy, or I won appeals, they
could still prosecute me. The government was telling me what I’m going to
get for a charge I’m not even found guilty of yet, because of a felony in
1984. (There is no innocents till proven guilty in this case) let alone rules
or laws. The government was offering 15 to 20 Yrs minimum, consecutive to the
state sentence, not concurrent. For a 22 rifle that was in the trunk of a car
I was driving and belonged to my son. There were legitimate reasons for it to
be there. They (as in the courts) say
if I defend my case or bring up any defenses I get more time for not taking
responsibility. Then said they will even add indictments and more charges.
They did not even appoint me an attorney for a year after federally charging
me and actively building there case. They threatened my fiancé with 30 months
then increased it to 60 if she did not testify against me in federal court.
She has never been in trouble in her life let alone a traffic ticket. Called
for jury duty and sat on 2 trials. She graduated school and completed college.
They finally left her alone a year later after I informed the court of the
harassment and intimidation. Two years of constant
harassment and intimidation. And different indictments. With subpoenas for
20-30 witnesses on our side and a federal jury impaneled-a miracle happened!
My lawyer called a couple days before trial and somewhat confused himself told
me the federal charges were dismissed! He even went on to say he has not seen
anything like this in his career and that he agrees with me that the federal
trail would of overturned the state conviction and proved the property this
was all originally over was also taken fraudulently by the same alleged
victim. Otherwise we made history and are the first to have a case like this
dismissed on the petit policy since 1959… A man was observing my state
trial two full days. He gave a friend his card in the end and said he does
documentaries for public television and that he doesn’t believe the court
was fair at all but was very slanted and that there is truth to my innocence
from what he witnessed. He is doing a documentary on me now. He has sat in my
Federal and Supreme Court hearings, interviewed several people and read
reports of this case. It shows an average person with no ties to me, the
alleged victim or the state, having nothing to gain, believes something was
clearly wrong with my arrest and trial. He is some hope in all this craziness.
All laws and rights I have were violated from arrest to trial. My trial was
illegal, arbitrary, wrong, unethical without rules. Anyone that would put time
into reading all the reports would see I am innocent and have been purposely
set up. Police misconduct, illegal search and seizure, faulty reports and more
are all there in black and white documentation. There is proof I was on a
phone in fact at the time of alleged crime. There is twice as much proof to
show I could not of committed any crime then what was showed to convict me.
I have notarized documents stating my speedy trial rights were taken away
even. But ‘time is money’ for many, especially in the professional field.
And this has been going on for over two years-with more and more cover up. The
center for justice research shows my sentence was the most unequal and highest
in over 20-30 or 40 years comparatively. *A known public fact in this
town. The states attorney and police department have had a history of
misconduct. From drug dealing to falsifying evidence to illegal search
warrants and abusive violent behavior. An officer died from an overdose of
drugs that were in the evidence room. Another was chief of the fire and police
dept until he tried to threaten and kill his girlfriend behind the fire
station, she was going to tell his wife on him. He also was known for taking
bribes of money. He was recently let go. Two officers shot a man to death 7
times in church; the same state attorney in this case cleared them of any
wrongdoing. But the church was full that Sunday and the citizens have a very
different story. No one felt threatened at all, before the guy with no
criminal record was shot 7 times. He said he knew too much and if the police
find him they will kill him. That’s what happened! One of these officers
took over fire chief for the above one let go. The public defenders office
also has complaints filed against them, the one that represented me in my
state case was “let go”. It seems the statistics for small town Vermont is
actually winning the jump in the incarceration rate. Now for the first time in
Vermont history and else where, the courts and legislators appointed a private
citizens watch committee to monitor and review complaints on this police
department in Brattleboro, VT. Which were mostly trained by the same state
attorney, mentioned herein. I had a public place of
business, a historic Unique Vermont Motel and GiftShop (which is an ongoing
civil matter). I knew too much and had a voice for the poor and homeless. Now
people in office are trying to get rid of me and doing a good job of it. They
illegally/fraudulently took everything I owned, home, business, vehicles,
property, personal property etc. (I have a Federal opinion proving this also.)
Making it so I could not afford proper counsel and a defense. This all
caused my family to be homeless and my self imprisoned. This was done
purposely and directly for the same alleged victim and crook John McKay in my
case, which documentation proves. He has done this to many others before, Its
public knowledge. I only hold on because my faith is strong. I know truth and
some kind of justice has to be out there somewhere! I fought hard and long to get
a reputable and professional attorney-Mark Kaplan. He seems positive about the
facts in my case. And believes in what I have shared with him and this case
putting a lot of time and investigation in. Any research or support for him to
keep going wouldn’t hurt. He is willing to talk/work with others on my
behalf in all this. If anyone could please view
or monitor my case giving any advice or suggestions it would be very helpful.
Maybe it can become a class project to write a report/opinion on? I would
gladly give permission to review any records or documents you may need or what
ever is needed. Throw it away if you find one thing out of place. But there is
no exaggeration at all here. It is a good case about mandatory/minimum
sentencing laws abused. The State and government charging wrongly just to
prosecute for election purposes. Overcrowding the jails with such severe
sentences keeping them full. Politics, wealth and corruption. And a great
example of the state and federal government ignoring all Constitutional rights
of individuals. As well as destruction of a family. And yet continued faith. I have not been in trouble
with the law in over 15 years. The criminal record they use is not mine and
extremely exaggerated, though I do have a criminal record. I was a
caring/giving member of the community, always helping others and an honest
hard worker. I have a lot on my side with several letters and petitions in my
support, but money (wealth) and politics against me. Now I try for sentence
appeal-reconsiderations, Civil Post-conviction relief and getting the case in
US Supreme Court. Many facts prove I was horribly and falsely convicted. I have documented proof of
illegal search/seizure, police corruption, all telling a different story. To
eliminate 2 of the 14 alternate jurors a bowl of bullets were passed to them.
This jury was also told I don’t have to be found guilty beyond all doubt,
but just a reasonable one-which is very misleading! One time they were told I
was slightly intoxicated, then told the opposite-that I was highly
intoxicated. A rifle was in the trunk then some how ended up inside the car
picture perfect for a jury. In fact, a Lieutenant even stated to a friend
shortly after arrest, “We brought you some of Vito’s belongings”. We
found a rifle in the trunk but looking for a pistol, do you know if he has
any”? She said I’ve never had one since we been together-6 years. She also
stated I am not a violent person and would never grab a gun in anger. The
search and seizure reports are dated on the Sunday night of arrest, before
Monday the next day when warrant was obtained. Cameras in the police cruisers
all have an excuse why none worked or were on the night of my arrest.
Lieutenants could not remember where they were when they got the initial call,
yet said they were training. No depositions were ever taken. And I was forced
to waive my speedy trial rights. Again if anyone took time to read the reports
and transcripts writing down the Constitutional Violations etc. to arrest and
prosecute me, they would be shocked and appalled to say the least. It’s
unethical, unjust, discrimitive, prejudice and illegal. There was no due
process, no equal protection, no right to a fair or a speedy trial. The court
made a shambles out of what should have been a fair proceeding by falsely
presenting a picture of fairness. There is a lot in my case,
This is the short version, many do not want involved. One friend and attorney
said he couldn’t get involved because he’s just a little fish and that
there’s powerful forces against me that he can feel. He is very creditable
and his father is a prestige’s attorney of 50 years. That was two years ago.
Another creditable attorney said do not feel threatened by the state attorney
getting federal charges against you, that don’t normally happen in cases
like this. This one was going to represent me and knew the circumstances.
Another said I would be out in less then a year. I’ve had no income, held
purposely without bail, then tried with the help of the public defenders, who
made opening statements that this case is about the U S Constitution. And that
there is no evidence that I did this crime even filing motions during trial!
In closing statements though after two days of trial on a Friday evening she
said to the jury there’s no tomorrow you must make a decision today. Simply
having an investigation done in this case would have proved I am innocent. Feel free to ask any questions. Let me know if you would like any Names, phone numbers, e-mails etc. Anything I can do that may help, please let me know. I can send info on my case from before arrest to these federal petite policy’s they waived in my case. I have added my lawyer’s number, also Kelly M. doing a documentary film on injustice & my behalf etc. You or anyone you feel should view this, (feel free to pass it on), you have my permission, and call to ask questions or whatever. We welcome your calls/letters. Please send your thoughts to me at this enclosed address or e-mail. I can use any and all support in this matter. A commitment to the poor is the measure of the soul of a person, city or town. In this case and town there was no soul…. Thank You Sincerely for your time. Respectfully, Vito Russo SSCF #64522 Contacts: Friend/Family Contact: Murray Merlin (802)259-2240 S.S.C.F. Jail/Prison: (802)885-9800
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