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October 02 2008.
Honorable Michael Bloomberg
City Hall,
New York, NY 10013.
Re: A matter of fairness.
Dear Mayor Bloomberg:
On June 01 2008, Tatum O'Neal was confronted and searched, after
narcotics officers conducting a drug sweep on the lower East Side,
saw her handing money to a homeless street vendor. They found two
bags of drugs one with crack, one with regular cocaine and an
unused crack pipe. She was arrested, and charged with criminal
possession of a controlled substance, an offense punishable by up to
one year in jail.
On March 01, 2006, I was confronted while sitting alone in my parked
car at the intersection of Utopia Parkway and Horace Harding
Expressway. Unlike Ms. O'Neal there was no legal justification for
the confrontation, however, the officer demanded my driver's license.
I complied with his demand.
Several minutes later, two additional officers arrived on the scene.
After talking together, a White member of the group approached my
vehicle shouting, "get out, get out, you know what this all about.
It's Black or White. According to the computer your driver's license
is suspended. That's it".
The others joined him. I was threatened, searched, manhandled,
handcuffed, thrown in the back of their patrol car and driven through
unfamiliar, deserted back roads to the 111 Precinct. I was never
arrested before, and when I arrived at the Precinct I was in shock
and trembling like a cold wet dog.
Following my arrest I was charged with; AGGRAVATED UNLICENSED
OPERATOR MOTOR VEHICLE, and OPERATING MV WITH SUSPENDED REGISTRATION,
criminal offenses punishable by imprisonment.
On June 26 2006, following a traffic stop in Suffolk County, I was
charged with; AGGRAVATED UNLICENSED OPERATOR MOTOR VEHICLE; OPERATING
MV WITH SUSPENDED REGISTRATION; OPERATING MOTOR VEHICLE WITHOUT
INSURANCE, and FAILURE TO RETURN LICENSE/REGISTRATION PLATES. (Docket
#2006SU036423S)
The evidence supporting the charges and justification for my
prosecution in both proceedings was the abstract of my driving
record, which is inaccurate. The false information is the same as the
Police Department's computer.
A thirty second review of the record clearly shows, contrary to
suspension orders #CO510270000, ("NO INSURANCE") and #J255433, (FLD
TO ANSWER) my vehicle is insured, and the summons #4230255433 was
answered. The record also show, that my driver's license was in
effect after the suspension date.
The obvious discrepancies which I did not cause, could not have
prevented, cannot correct, and does not constitute my violation of
any Law, were brought to the attention of the Queens and Suffolk
Counties District Attorneys and Criminal Courts, at the time of my
arraignment, at every Court appearance, and by motion to dismiss.
On November 20 2006, the motion was granted in Suffolk County, and
all charges were dismissed.
On July 2 2008, the charges against Ms. O'Neal were reduced, she
pleaded guilty to disorderly conduct, attended a drug treatment
session for a day, paid a $95.00 fine and all the charges against her
were dismissed.
I have been appearing in the Queens County Criminal Court since March
2006. I have been intimidated and threatened to be psychologically
evaluated by the Court. Even though my innocence have been
established by a thirty second review of the record, the false
abstract information have been repeatedly presented as evidence
against me, thereby enhancing the possibility, that even though I am
innocent, I may be found guilty. The adjournment process have also
been used as a weapon to create financial hardship, and unwarranted
bench warrants.
Last year on Martin Luther King Jr. Day, while talking on the phone
in the company of two Black uniformed Nassau County Police officers
in the parking lot at the Home Depot Shopping Center in Elmont New
York, I was arrested on a bench warrant from Queens County Criminal
Court by officer Magnuson, a White former New York City Police
officer, who arrived on the scene shouting “get off the phone, get
off the phone, there is a warrant for your arrest in New York City.”
One month after Ms. O'Neal's arrest, the Court, prosecutors, and her
defense attorney got together, and gave her a happy deal. Alan Newton
spent twenty two years in prison for nothing. It took twelve years
for him to be exonerated, after his first motion for DNA testing was
denied because the evidence in his case couldn't be found, even
though it was in the bin exactly where it was supposed to be. It's
been over two years since my first motion for dismissal was filed in
the Queens County Criminal Court. According to the Court, the
District Attorney is unable to find it. The second motion, have not
been answered as of the present.
Today unlike Ms. O'Neal who was guilty, admitted her guilt, pleaded
accordingly, avoided jail time, and is free to go back to work, her 12
steps program, and move on with her life, I am innocent.
However, despite the lack of evidence that I committed, or is linked
to any crime, I have a history of arrest, a criminal record, and is
compelled to live in a state of continuous anxiety and insecurity, as
the Defendant in the criminal proceedings 2006QN11207, and
2006NY079627, facing imprisonment for nothing.
The annexed photographs are my foot. The condition, diagnosed as
“pedal edema,” is very common among members of the homeless
population. Following my arrest, officer Magnuson took my legally
registered and insured vehicle which is the source of my income,
under the guise of an “impound.” I have been unemployed, and living
on the streets of New York City, as a member of the homeless
population, since Martin Luther King Jr. Day, last year.
Homelessness has serious far reaching health, and safety,
repercussions.
Any assistance that will bring closure to this ongoing ordeal will be
highly appreciated.
Thanking you in advance for your fair, and prompt attention.
Respectfully yours
.......................
Dorrel Holmes
CC: Honorable Ann Pfau
Commissioner Raymond Kelly.