Amanda Truth Project

Shaken Baby Syndrome: Potential Pandemic Medical Misdiagnosis - We educate communities about this potential pediatric misdiagnosis and help families, their lawyers and medical experts find the TRUTH.

Blog

Withheld Evidence - Not Wrongful Imprisonment?

Posted on March 10, 2010 at 10:50 AM

 

Late last week, yet another man was freed in Cuyahoga County based on exculpatory evidence being withheld from his defense lawyers at trial. Joe D’Ambrosio has spent over 20 years in prison for a crime he did not commit. There was evidence that the murder charges (carrying the death penalty) belonged to someone else. Apparently, the prosecutor handling his 1989 case knew this. D’Ambrosio took his case to the federal level to find respite and in 2006 was ordered a new trial based upon the missing evidence. [1, 4]

 

Who was that prosecutor, you might be wondering? Wait for it, I guarantee this’ll be well worth the wait, dear reader.

 

Flash back to my “Open Discovery Discussion” blog from 2009. I wrote of Mr. Reginald Jells who spent 20-some years in prison on death row for a crime he did not commit, coincidentally (or not) for the same reason: exculpatory evidence was withheld at his trial. [2]

 

While this might seem illegal (and downright morally repugnant), the amendment to the Ohio Rules of Criminal Procedure, namely Rule 16, is not yet effective in ensuring open discovery to defense lawyers. In a criminal case such as these two men’s, or even my husband’s aggravated murder indictment in 2007, the prosecutor did not have to turn over all the evidence he/she might have found or had. [2]

 

Prosecutor Carmen Marino handled Mr. Jells' case. Coincidentally, he was also the prosecutor against Mr. D’Ambrosio. Let’s refresh our memories about Prosecutor Marino! This former “star” prosecutor was “criticized for repeated prosecutorial misconduct, including failing to disclose exculpatory evidence” (Gaylord, 2008 ). [2]

 

Fast forward to 2008…wait a minute; that’s funny! That quote from above is from 2008...the same year Assistant Prosecutor Mark Mahoney, who was the prosecutor that handled my husband's case, was awarded a plague and honored with ceremony for his efforts.  This prestigious award's name?

 

“Carmen Marino… set the standard for what law enforcement should be,” said Prosecutor Bill Mason. [3]

 

Let me clarify: Carmen Marino who is infamous for prosecutorial misconduct and withholding evidence now has an award in his name given to my husband’s prosecutor for setting the standard for law enforcement. The press release continues with this:

 

“Mark Mahoney has been selected by Prosecutor Mason to receive the Carmen Marino Award for the Assistant Prosecuting Attorney who best exemplifies tenacity, integrity, and professionalism in the pursuit of justice.” [3]

 

It seems I have been thoroughly confused about the definition of integrity and professionalism all these years.

 

Unfortunately, the ordeal isn’t over for Mr. D’Ambrosio. In fact even after the federal appellate judge ordered him a new trial based on withholding evidence, D’Ambrosio’s new prosecutors kept finding pesky additional evidence that just couldn't seem to be turned over to the defense attorneys. Prosecutor Mason is appealing this latest ruling that gave D'Ambrosio his freedom. [1]   Appeals from the defense side are usually denied when the trial was "fair and impartial" something the withheld evidence denied D'Ambrosio.  And after 20 years, D'Ambrosio has served the minimum sentence that Ohio carries for a murder charge even if he had been guilty, although the withheld evidence seems to support otherwise.  It will be interesting to follow this appeal, but I have to wonder when this poor man will stop being persecuted by the Cuyahoga County Prosecutor's office.

 

For all Prosecutor Mason is like a dog with its bone on this case, he didn't seem inclined to prosecute a friend of his a couple months back.  In 2007, an attorney friend of his was found by the Supreme Court's Board of Commissioners on Grievances and Discipline to have "misappropriated more than $300,000 from his clients and kept it for his own use."  Mason has not felt the need to date to gather a grand jury and indict him.   His comment to the Plain Dealer was that he didn't know about it until asked by the reporter...yet, as the reporter helpfully tells his readers, when the Counsel decides a misconduct has happened it "forwards information to prosecutors and police for criminal investigation."   Mason has prosecuted a dozen or more lawyers for their misconduct in the past.  In 2006 for as little as $5,000 one was sentenced to a year in prison.  [5]

 

To date, the amendments to Rule 16 of the Ohio Rules of Criminal Procedure have not yet been put into effect.  The latest estimate apparently is July 1, 2010.  [6]

 

 

 

References:

 

[1] Krouse, P. (2010). Compensating D’Ambrosio for years in prison a question: If he seeks it, it’s not clear that he would get it. The Plain Dealer. Wednesday, March 10, 2010 A1.

[2] http://www.theamandatruthproject.com/apps/blog/show/1795118-open-discovery-discussion

[3] Miday, R. (2008). Top Law Enforcement Awarded for Service. Retrieved March 10, 2010 from http://prosecutor.cuyahogacounty.us/mnc.aspx?type=p ressRelease&mcid=335

[4] Editorial (2009). Prosecutor Mason faces a high-stakes call in D’Ambrosio case. The Plain Dealer. Saturday, May 02, 2009.

[5] Puente, M.  (2010).  Mason hasn't prosecuted ex-lawyer who misappropriated $300,000.  The Plain Dealer.  January 27, 2010.  A1

[6] (2010). Discovery rule protects all.  The Plain Dealer.  Opinion.  Saturday, January 9, 2010.  A9.

Categories: Problems in Justice System

Post a Comment

Oops!

Oops, you forgot something.

Oops!

The words you entered did not match the given text. Please try again.

Already a member? Sign In

2190 Comments

Reply WilliamBlupt
3:32 PM on November 29, 2022 
DWI allegations neccesitate all of the special tools used in criminal cases. protecting a OVI starts with understanding not any of one's constitutional rights have been trespassed. Because law enforcement is in direct contact with you, and they are essentially the only witnesses all of the time, the commands and MO is of the formula. We all make accidents, and the law are no exception. It happens when reasonable accusation which can lead to probable cause. For example, someone gets flashed over for driving too slow at 2 am. The police officer has the usual suspicion that the driver committed a traffic offense, swerving. then, when the law enforcment tries to start visual communication or moves in closer to the vehicle, the officer will utter you have watery eyes, or there is an odor of alcohol. This raises the acceptabel suspicion of recklessness to giving the officer probable cause that a person is operating while intoxicated. eighty% of cops will say odor of liquor, watery eye balls, or sloppy talk. Law enforcement may also note you were fumbling about trying to get your id and insurance card in your hand. At this point you is likely informed to step out from a auto and start universal field sobriety tests. These are SFST’s are learned under NHTSA (National Highway Traffic Safety Administration) regulations and need to be instructed per situation. when you do go through the tests, the police officer may make mistakes that can make the check, or tests excluded from evidence. Things such as physical impairments and the best field conditions can be factored amoung the results of your performance. (example: someone can’t perform a walk and pivot check on ramped sidwalk). A person may also take a digital breath test. There are irregularities in these devices also, and they are machines that need maintenance and trained on for days. The incarceration is taped from the time the officer turns on their lights. Through this taped evidence we are able to inform an experienced opinion on the cops performing of the tests, to the accused ability taking the tests. If you consent to the tests or not, someone will go to lock up. If you have been arrested for Domestic violence or any criminal charges or know some one who needs a criminal defense Attorney visit my info rgiht here criminal defense attorneys in cleves ohio Thanks
Reply BobbySwops
4:33 PM on November 28, 2022 
online pharmacies canadian pharmacy online
compound pharmacy canada pharmacy
canadian pharmacy viagra generic https://www.cakeresume.com/me/best-canadian-pharmaceuticals-onlin
e
Reply DavisLEP
6:30 AM on November 26, 2022 
?????????? ?????? ?????? ?????? ????????, ???????? ?? ????????????? "??? ??????" ? ??????. ????????? ?????? ?? ????????? ? ??????? ?? ?????? ??? ???????? ???????????? ?? ?????????????? ????????, ?????? ????? ???? ? ??????? ??????.
????? ?????????
???????? ?? ?????? - http://google.co.bw/url?q=https://vammebel.ru/
?????? ??????, ??????? ???????????? ? ???????? ?????? ????????-????????, ?? ????????? ?? 5-7 ???? ? ?????????? ???????? ?? ?????? ? ???????????.
?????? ?????? ?? ????????????? ? ?????? 31ca926
Reply jicljaeaRab
5:38 AM on November 26, 2022 
hichjaemRab
https://toyo-sale.ru/
https://cordiant-sale.ru/
https://writenet.ru/
https://goodyear-sale.ru/
https://continental-sale.ru/
https://bridgestone-sale.ru/
https://hankook-sale.ru/
https://nokian-sale.ru/
https://yokohama-sale.ru/
https://pirelli-sale.ru/
https://kormoran-sale.ru/


https://xn---24-5cdbjjnac8ab8bpa7bhdsu0grjla.xn--p1ai/
https://xn-----6kcbhilac5abzqjga0chdtfq8g0jla.xn--p1ai/
https://xn--24-6kcmeed6cjibdagww6c8dvc.xn--p1ai/
https://xn----7sbflalxcrpsdt4a.xn--p1ai/
uicmjaecRab

http://maps.google.ad/url?q=https://toyo-sale.ru/ https://cse.google.vg/url?q=https://toyo-sale.ru/ http://maps.google.tk/url?q=https://nokian-sale.ru/ https://www.google.co.in/url?q=https://continental-sale.ru/ http://images.google.com.pe/url?q=https://nokian-sale.ru/ http://cse.google.fr/url?q=https://kormoran-sale.ru/ http://www.google.az/url?q=https://cordiant-sale.ru/ http://www.google.hn/url?q=https://nokian-sale.ru/ http://images.google.me/url?q=https://bridgestone-sale.ru/ http://cse.google.mn/url?q=https://bridgestone-sale.ru/ http://cse.google.ac/url?q=https://hankook-sale.ru/ http://images.google.com.vn/url?q=https://cordiant-sale.ru/ http://www.google.co.ma/url?q=https://pirelli-sale.ru/ http://images.google.com.pe/url?q=https://continental-sale.ru/ http://www.google.com.gh/url?q=https://toyo-sale.ru/ http://www.google.com.ng/url?q=https://bridgestone-sale.ru/ http://www.google.com.ec/url?q=https://hankook-sale.ru/ http://cse.google.ac/url?q=https://kormoran-sale.ru/ http://images.google.md/url?q=https://kormoran-sale.ru/ http://images.google.com.bo/url?q=https://bridgestone-sale.ru/ http://images.google.md/url?q=https://cordiant-sale.ru/ http://cse.google.sk/url?q=https://goodyear-sale.ru/ http://cse.google.fr/url?q=https://yokohama-sale.ru/ http://www.google.com.ni/url?q=https://cordiant-sale.ru/ http://maps.google.pt/url?q=https://kormoran-sale.ru/ https://maps.google.cg/url?q=https://writenet.ru/ http://www.google.mk/url?q=https://nokian-sale.ru/ https://maps.google.ci/url?q=https://toyo-sale.ru/ http://images.google.com.et/url?q=https://toyo-sale.ru/ https://images.google.so/url?q=https://cordiant-sale.ru/ http://cse.google.com.sl/url?q=https://kormoran-sale.ru/ http://images.google.kz/url?q=https://yokohama-sale.ru/ http://images.google.com.bo/url?q=https://goodyear-sale.ru/ http://www.google.com.pa/url?q=https://continental-sale.ru/ http://cse.google.com.sb/url?q=https://cordiant-sale.ru/ http://maps.google.com.qa/url?q=https://hankook-sale.ru/ http://cse.google.no/url?q=https://yokohama-sale.ru/ http://images.google.ba/url?q=https://continental-sale.ru/ http://www.google.nl/url?q=https://bridgestone-sale.ru/ http://www.google.com.kh/url?q=https://writenet.ru/ http://cse.google.si/url?q=https://bridgestone-sale.ru/ http://www.google.dj/url?q=https://goodyear-sale.ru/ http://cse.google.jo/url?q=https://yokohama-sale.ru/ https://cse.google.co.uz/url?q=https://toyo-sale.ru/ http://cse.google.pn/url?q=https://pirelli-sale.ru/ http://cse.google.fr/url?q=https://writenet.ru/ http://images.google.com.bh/url?q=https://pirelli-sale.ru/ http://cse.google.fr/url?q=https://goodyear-sale.ru/ http://cse.google.tt/url?q=https://pirelli-sale.ru/ http://maps.google.com.co/url?q=https://continental-sale.ru/
eicmjaehRab
https://sites.google.com/view/bitcoin-up-app/
http://images.google.com.et/url?q=https://sites.google.com/view/b
itcoin-up-app/ http://www.google.com.pa/url?q=https://sites.google.com/view/bitc
oin-up-app/ http://www.google.com.eg/url?q=https://sites.google.com/view/bitc
oin-up-app/ http://www.google.by/url?q=https://sites.google.com/view/bitcoin-
up-app/ http://www.google.com.hk/url?q=https://sites.google.com/view/bitc
oin-up-app/
Reply lituace
4:07 PM on November 23, 2022 
Louis for frozen or paraffin blocks and in Nicaragua for RNA Seq stromectol ebay
Reply lituace
6:57 AM on November 23, 2022 
order stromectol The IBIS I 81 and Royal Marsden 100 trials provided results for invasive and ER breast cancer for both active treatment mean duration 5 years and posttreatment periods median followup 13 and 16 years, respectively
Reply Cryworb
10:51 AM on November 22, 2022 
blopress azithromycin mims malaysia Menthol cigarettes raise critical public health questions, Zeller said in a Tuesday telebriefing, noting that 30 of all smokers use menthol and 40 youth smokers report having smoked menthol cigarettes clomiphene citrate 25 mg uses for male
Reply Cryworb
10:46 AM on November 22, 2022 
clomid without prescriptions mexico dantrolene and chlorpromazine both increase sedation
Reply trofola
9:32 AM on November 22, 2022 
Pertuzumab can cause heart problems, or worsen pre existing heart problems, including congestive heart failure lasix 40 mg Those who do not include exogenous testosterone therapy will fall into a low testosterone condition
Reply Cryworb
8:28 AM on November 22, 2022 
Tobias Says clomid for bodybuilding
Reply IdeottMow
2:46 PM on November 21, 2022 
doxycycline with dairy Proc Natl Acad Sci USA 93 10887 10890
Reply trofola
1:40 PM on November 21, 2022 
We have also shown that tamoxifen TAM enhances cytotoxicity in cells with high respiration, when combined with ETC inhibitors lasix for pleural effusion La mente en su lado simp??tico se rige por la luna, y cuando entra en relaci??n con el mercurio que pueda causar el ?©xito en el esfuerzo mental
Reply trofola
1:12 PM on November 21, 2022 
That is a simple enough reason to ask the mother to leave lasix fluid pill Packaging Size 30 TABLETS Brand Tamoxifen Manufacturer Wockhardi Treatment Diagnos Prescription Non prescription Prescription Deals in Third Party Manufacturing Form Tablet Shelf life 24 MONTH Country of Origin Made in India
Reply IdeottMow
8:39 AM on November 21, 2022 
Tamoxifen is currently the only medicine that will reduce breast cancer risk safely and for prolonged periods 5 and probably 10 years after therapy is stopped 35, 44, 45 doxycycline for dogs cost It has been found to promote tumor cell invasion and metastasis 67
Reply trofola
5:09 AM on November 21, 2022 
Your hands may be shaky and you may be nervous does lasix cause hypokalemia
Reply IdeottMow
5:01 PM on November 20, 2022 
The first phase of the therapy includes meticulous skin and nail care, manual lymphatic drainage, and the application of short stretch compression bandages doxycycline std And hopefully that will shift the balance toward appropriate benefit without the excessive financial toxicity
Reply Cryworb
1:47 PM on November 20, 2022 
Standard immunoblotting procedures 35 were used to detect total ATF 2, mouse MAB1536, 1 mg ml, Santa Cruz, mono Thr69 and dual phosphorylated Thr69 71 ATF 2 mouse MAB1536 1 mg ml, Cell Signaling Technology, EBNA1 human serum, 1 500, actin mouse AC 38, 1 20 000, Sigma clomiphene for low testosterone Tobias, USA 2022 06 17 18 27 54
Reply Cryworb
1:02 PM on November 20, 2022 
lady era motilium suppositories spc In order to provide our users with a better overall experience, we ask for more information from Facebook when using it to login so that we can learn more about our audience and provide you with the best possible experience clomiphene capsules for sale
Reply Cryworb
8:06 AM on November 20, 2022 
PMID 17389201 No abstract available clomid canada pharmacy Poggio F, Del Mastro L, Bruzzone M, Ceppi M, Razeti MG, Fregatti P, Ruelle T, Pronzato P, Massarotti C, Franzoi MA, Lambertini M, Tagliamento M
Reply IdeottMow
5:37 PM on November 19, 2022 
doxycycline 500 mg prices Perkinson, K