- Posted August 15, 2013 by
New York, New York
This iReport is part of an assignment:
The written word: Your personal essays
All crimes DNA Law: In Black and White.
All crimes DNA Law: In Black and White.
On March 19, 2012, Governor Andrew M. Cuomo joined by Senate Majority Leader Dean Skelos, and Assembly Speaker Sheldon Silver signed into law a historic bill that makes New York State the first "all crimes DNA" state in the nation. Under the Law DNA samples must be collected from anyone convicted of a felony or Penal Law misdemeanor.
I join those who seek the truth in our courtrooms and who fight for justice for all victims of crime. I support the Governor’s all-crimes DNA Law.
I am a sixty-six year old Black male, and a crime victim as defined by the Justice for All Act. The perpetrator officer Magnuson is a White male Nassau County, and former NYPD Police officer. Stephen Baldwin is a White male actor. Mr. Baldwin and I are Defendants in criminal proceedings charged with the serious offense - AGGRAVATED UNLICENSED OPERATOR MOTOR VEHICLE.
On August 23, 2012, Mr. Baldwin was arrested for the offense after making an illegal U-turn on West 125th Street in Harlem, and a NYPD computer check revealed that his driver's license was suspended.
It was during the night on Martin Luther King Jr. Day - over six years ago. Two uniformed Black male Nassau County Police officers and I were having a conversation in the parking lot at the Home Depot Shopping Center in Elmont New York. During the course of our conversation, officer Magnuson and his partner officer McGory arrived on the scene and arrested me for - OPERATING MOTOR VEHICLE WITHOUT SEAT BELT.
I was transported by officers Magnuson and McGory, while my vehicle was driven by one of the uniformed Black male officers to the Fifth precinct.
Officers Magnuson and McGory subjected me to a strip search.
They charged me with; OPERATING MOTOR VEHICLE WITHOUT SEAT BELT, AGGRAVATED UNLICENSED OPERATOR MOTOR VEHICLE, OPERATING MOTOR VEHICLE WITHOUT INSURANCE, OPERATING MV WITH SUSPENDED REGISTRATION, and OPERATING MOTOR VEHICLE WITH DEFECTIVE TAIL LIGHT. I was threatened with additional charges for arranging my medication into pill pouches, and my registered and insured vehicle, tools, medication, were confiscated.
The charges were supported by my driving record information generated by the Nassau County Police Department's computer, and officer Magnuson's affidavit supporting the criminal complaint Docket number 2007NA001345.
The affidavit is fraudulent, and the computer information is inaccurate.
Mr. Baldwin was arrested supported by probable cause to hold. He was transported to the 28th precinct, issued a desk-appearance ticket, and released.
Knowing that probable cause to arrest me did not exist, officer Magnuson prepared and filed the affidavit containing statements he knew to be false about the events leading up to the arrest. Specifically, that he personally observed me operating my vehicle on Hempstead Avenue without a seat belt, even though I had encountered the two uniformed officers several minutes after I entered the parking lot, and he and officer McGory, arrived on the scene and arrested me several minutes after the encounter, in their presence.
Unlike Mr. Baldwin, I was held in custody and transported to Police headquarters. It appears that my medical condition came to the supervising officer's attention during the booking process and I was transported to the Nassau County Medical Center by officer Magnuson for an examination. I was also transported to the Medical Center for further examination by another officer identified as Thorn, prior to my arraignment. Thorn prepared a suicide report containing statements he knew or should have known to be false about the reason for the hospital visits and transportation cost. Specifically that I was referred to the hospital because I was a drug addict, and an alcoholic.
I don't drink alcohol. I don't smoke. I don't use drugs.
On October 01, 2012, thirty nine days after Mr. Baldwin's arrest, he pleaded guilty to operating a motor vehicle without a license after the Manhattan District Attorney dropped the AGGRAVATED UNLICENSED OPERATION OF MOTOR VEHICLE charge against him. He paid a $75 fine, and there's no criminal record.
A review of the Department of Motor Vehicles record accurately shows that my vehicle was insured, and the summons #4230255433 was answered, contrary to the suspension orders #CO-510270000, ("NO INSURANCE") and #J255433, (FLD TO ANSWER) generated by the Police Department's computer. The obvious "discrepancies" does not constitute my violation of any Law. Adequate research confirmed the discrepancies and my innocence. In addition, all charges relating to the same suspension orders were dismissed on November 20, 2006. (New York V- Holmes, Docket # 2006SU036423S)
Despite the lack of evidence to support or reason to believe that I committed a single violation of any Law, I was still prosecuted.
I pleaded not guilty. There was a trial. I was convicted, and senior probation officer P. Feldman respectfully recommended that I should be incarcerated for a definite period at the Nassau County Correctional Facility.
Mr. Baldwin's driver's license was invalid. Officer Magnuson, while acting under the color of Law, by arresting me for OPERATING MOTOR VEHICLE WITHOUT SEAT BELT without probable cause, confiscating my medication vehicle and tools - my livelihood, and falsifying Police and Court documents in order to justify his criminal acts, did willfully subject me to the deprivation of a right guaranteed by the Constitution and Laws of the United States of America, namely the right to be free from the deprivation of liberty and property without due process of law, in violation of the Fourteenth Amendment, the Fourth Amendment, and Title 18, United States Code, Section 242.
As a result, I have an unwarranted criminal record, and have been unemployed and homeless for over six years.
I am a crime victim as defined by the Justice for all Act. Under the "all crimes DNA Law" while I would be subject to the forcible extraction of a sample of my DNA, Mr. Baldwin and officer Magnuson would not.
That's not right. That's not fair. That's not Just. That's downright wrong.
DNA is a “state-of-the-art device, mechanism to find the truth and is the modern-day fingerprint and mugshot. Not to use it is actually a way of avoiding the truth. And we did that for many, many years and will continue until officer Magnuson is held to account for his criminal acts. The truth is a double-edged sword. The truth can prove innocence, and the truth can prove guilt. And that’s what the justice system is all about – finding the truth and doing what is right.