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Thomas Caggiano 10 East Drive Stanhope, N.J. 07874 Pro Se Jun 4, 2008 _____________________________________________________________________________ State of New Jersey | Joint Municipal Court of Green, Fredon, Plantiff, | Hampton, and Borough of Andover | vs. | Complaint S 2007 000077 et al | Probation Violation hearing and Witness List | Thomas Caggiano | Notice of Motions for (1) Change in Venue Defendant | (2) Elimination of Probation Sentence | (3) Proposed Witness List ____________________________| 1. Introduction: a. Please accept this letter memorandum in lieu of a more formal brief for plea to the court for an ad- journment and a change in venue as the Honorable Craig U. Dana, J.M.C., Municipal Prosecutor Wil- liam Hinkes, Sussex County Superior Court Judge Hon. N. Peter Conforti, J.S.C., and the Morris/Sus- sex County Vicinage Superior Court Assignment Judge Hon. B. Theordore Bozonelis, A.J.S.C. who are familiar with the proceedings of the above cases brought by Borough of Stanhope officials who were referred to the Federal District Court Judge Honorable Lawrence F. Stengel as part of a massive investigation known to the above per my authored and published web site ThomasCaggiano.com as the 45 page, single spaced ThomasCaggiano.com/index.htm was filed in the Federal District Court (E.D. PA) under Docket No. 09-MC-00003 (E.D. PA) on Jan 5, 2009 and also with the U.S. Attorney (PA) on Jan 5, 2009 and Docket No. 09-MC-71 and complaints were forwarded to the New Jersey Supreme Court’s Advisory Committee on Judicial Conduct and the District X Ethics Committee. b. Proposed witness list list includes the following which have large quantities of information which I have been providing in formally published THE CAG REPORTS of May 13, 2007, Jan 8, 2008 and May 25, 2009 which will be called as hostile witnesses or favorable witnesses and have knowledge of the Open Public Meeting Act which the sentence and resentence order issued by Judge Dana, J.M.C. violates and other N.J. Constitutional and U.S. Constitutional Rights and mental and physical health as I have been a federal witness as directed to me by the HQ, FBI, as directed to me to be a State of New Jersey by Gov Jon Corzine and whereas I am a witness to the State’s Police’s Official Corruption Bu- reau as my wife and I met their representatives in the Hughes Justice Complex on Dec 5, 2008.

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Page 1: Thomas Caggiano Stanhope, N.J. 07874 Pro Sethomascaggiano.com/090604danamotions.pdf · (24) EPA Administrator Lisa Jackson former DEP Commissioner Favorable witness (25) Dolan and

Thomas Caggiano10 East DriveStanhope, N.J. 07874Pro SeJun 4, 2008

_____________________________________________________________________________State of New Jersey | Joint Municipal Court of Green, Fredon,Plantiff, | Hampton, and Borough of Andover

|vs. | Complaint S 2007 000077 et al

| Probation Violation hearing and Witness List|

Thomas Caggiano | Notice of Motions for (1) Change in VenueDefendant | (2) Elimination of Probation Sentence

| (3) Proposed Witness List____________________________|

1. Introduction:

a. Please accept this letter memorandum in lieu of a more formal brief for plea to the court for an ad-journment and a change in venue as the Honorable Craig U. Dana, J.M.C., Municipal Prosecutor Wil-liam Hinkes, Sussex County Superior Court Judge Hon. N. Peter Conforti, J.S.C., and the Morris/Sus-sex County Vicinage Superior Court Assignment Judge Hon. B. Theordore Bozonelis, A.J.S.C. whoare familiar with the proceedings of the above cases brought by Borough of Stanhope officials whowere referred to the Federal District Court Judge Honorable Lawrence F. Stengel as part of a massiveinvestigation known to the above per my authored and published web site ThomasCaggiano.com as the45 page, single spaced ThomasCaggiano.com/index.htm was filed in the Federal District Court (E.D.PA) under Docket No. 09-MC-00003 (E.D. PA) on Jan 5, 2009 and also with the U.S. Attorney (PA)on Jan 5, 2009 and Docket No. 09-MC-71 and complaints were forwarded to the New Jersey SupremeCourt’s Advisory Committee on Judicial Conduct and the District X Ethics Committee.

b. Proposed witness list list includes the following which have large quantities of informationwhich I have been providing in formally published THE CAG REPORTS of May 13, 2007, Jan 8, 2008and May 25, 2009 which will be called as hostile witnesses or favorable witnesses and have knowledgeof the Open Public Meeting Act which the sentence and resentence order issued by Judge Dana, J.M.C.violates and other N.J. Constitutional and U.S. Constitutional Rights and mental and physical health asI have been a federal witness as directed to me by the HQ, FBI, as directed to me to be a State of NewJersey by Gov Jon Corzine and whereas I am a witness to the State’s Police’s Official Corruption Bu-reau as my wife and I met their representatives in the Hughes Justice Complex on Dec 5, 2008.

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The list of potential witnesses with great amount of relevant and pertinent knowledge and evidence asover 100,000 copies of documents, e-mails, letters, reports, faxes have been distributed for the last sev-en years of my Case Study Analysis which I notified the State in writing I was conducting using ad-vanced work breakdown structure (WBS) techniques and critical path methods learned during my 30year career learning aspects of more then fifty fields and I am a certified Army Acquisition Corps mem-ber very high Level III, was the international Project Engineer appointed by our national Defense De-partment senior leaders and other skills noted on my web site ThomasCaggiano.com/tcb.htm

Tentative witness listing (Hostile witness unless identified as favorable witness). I will represent my-self Pro Se however the Superior Court Judge Conforti, J.S.C. issued a verbal court order that he willprovide me from Pool Attorney’s at my own expense a consultant attorney. This provides me the op-portunity based upon my vast knowledge of experience to question witnesses via cross examinationwhich an attorney NOT familiar with the fifty feet of evidence filling my house’s attic, living room andother rooms would comprehend as I was also a degree Chemical Engineer with a very high classifiedsecurity classification. The letters from numerous Major General’s starting in 1980 on my web site pro-vides a basis for qualifications as a expect in numerous fields.

(1) Gov. Jon Corzine(2) Chief Justice Stuart Rabner former N.J. Attorney General(3) Anne Milgram current New Jersey Attorney General(4) Office of the Attorney General, Deputy Attorney General for the Department of Community Af-fairs’ Government Record Council Debra Allen, Esq.(5) Commission of Community Affairs Joseph Doria, Jr.(6) Executive Director of the Government Record Council Catherine Starghill, Esq.(7) GRC Case Manager Karyn Gordon, Esq.(8) Sussex County Prosecutor David Weaver(9) First Assistant Prosecutor William Fitzgibbons who recused himself - Favorable witness(10) Former Borough of Stanhope Ms. Robin Kline, RMC, MAS who I placed into the Federal WhistleBlower Program in Chicago, IL at the verbal direction to me by Washington D.C.’s Office of InspectorGeneral Sr. Special Agent Scott Meyers and former OPRA custodian - Favorable witness(11) Morris County/Sussex County Vicinage Assignment Judge B. Theordore Bozonelis, A.J.S.C.(12) Sussex County Superior Court Judge N. Peter Conforti, J.S.C.(13) Borough of Stanhope, Stillwater and Newton municipal Judge Mulhern, J.M.C.(14) Trenton Municipal Court Judge Louis Sancinito, C.J.M.C.(15) Richard A. Stein, Esq. Borough of Stanhope Borough Attorney(16) Mayor Diana Kuncken for Borough of Stanhope(17) William Hinkes who apparently posed as a municipal prosecutor without a contract on Jan 7, 2009that complied with the State’s Local Public Contracts Law(18) Newton municipal court administrator Ann M. Rosellen - Favorable witness(19) Borough of Stanhope court administrator Lorraine Lupo(20) Township of Green Town Administrator(21) FBI Special Agent in Charge Weysan Dun(22) Office of the Attorney General’s Division of Consumer Affairs executive director for the Board ofEngineers and Board of Professional Planners Arthur Russo(23) Secretary of Agriculture Charles Kurperus(24) EPA Administrator Lisa Jackson former DEP Commissioner Favorable witness(25) Dolan and Dolan PA Land Use Board Attorney Roger Thomas, Esq.(26) Sussex County Soil Conservation District Chairman Clifford Lundin, Esq.

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(27) Sussex County Soil Conservation District Manager Winifred Straub(28) Mary Pawar, 12 East Drive, Stanhope - Favorable witness(29) Teri Massood, former Borough of Stanhope Town Administrator(30) Director and Chief of Office of Administrator Law Laura Sanders(31) OAL Judge Thomas Clancy (ALJ)(32) OAL Judge former Ken Springer, (ALJ)(33) OAL Judge J. Howard Solomon, ALJ(34) Town Administrator Borough of Stanhope Richard Stewart(35) Former N.J. U.S. Attorney Chris Christie(36) Office of Attorney General Department of Law and Public Safety Administrator of InvestigationsJoseph Trapp(37) Justine Brown former inmate Keogh Dwyer Correctional Facility - Favorable witness(38) Dr. Joseph - Anne Klein Forensic Center(38) Dr. Giangrasso - Favorable witness(39) Dr. Neilson(40) Dr. Bash - Favorable witness(41) Dr. Sandhu - Favorable witness(42) Dr. Lilola - Favorable witness(43) Dr. Srinivasan(44) Department of Health Chief Executive Officer John E. Mann(45) Code Enforcement Officer Borough of Stanhope - Favorable witness(46) Stanhope /Environmental Commission Chairman Newsome - Favorable witness(47) Neal S. Averner - Favorable witness(49) Stanhope Governing Body Mike Depew(50) Stanhope Governing Body Michael Vance

and others as required as indicated on my filed website with the Sussex County Superior Court,the Federal District Court (E.D. PA) and Sussex County Prosecutor’s Office during Jan 5 and Jan

6, 2009 ThomasCaggiano.com

b. Furthermore Affidavits of Probable Cause, criminal charges for conspiracy, official misconduct, per-jury, crime against civil rights by officials with bodily harm ( a first degree state crime ) were filed invarious municipal courts per Rules of Municipal Courts of New Jersey; e.g.: Newton municipal court,Morristown municipal court and the Township of Green municipal court against dozens of apparentconspirators. Based upon Judge Craig U. Dana, J.M.C. I can not file Affidavits of Probable Cause inthe Borough of Stanhope even as I wrote the court administrator L. Lupo twice in writing. Nor can Ipay my outstanding OPRA bill although I did send the Borough of Stanhope a check for $250 forOPRA copies thereby willfully violating Judge Dana’s illegal order as the Assignment Judge B. Theo-dore Bozonelis issued a court order that I can obtain copies of documents if I paid for them in advancewhich I have now done. The copies were NOT provided by the Borough of Stanhope even thoughfunds were deposited as permitted by OPRA thereby another dozens denials of access of the Open Pub-lic Records Act exists wherein the civil fine at this stage for each person liable for NOT providing therequested Government Documents under OPRA is $5,000 for each denial of access which can betrebled to $15,000 each for each party that has contributed to the denial of access of Government Re-cord in the Borough of Stanhope which by an apparent conspiracy can be easily traced to the unconsti-tutional 13 separate original sentences that violated the United States AND the New Jersey Constitu-tions but also the Open Public Meeting Act (OPMA) {former Sunshine Law}, the Open Public RecordsAct (OPRA), the common law right to know law and many other primary federal and state laws includ-ing Borough of Stanhope’s codes on obtaining copies of agenda in advance of official meetings as alsostated under OPRA.

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c. Furthermore my updated authored and published web site print-out of ThomasCaggiano.com/in-dex.htm was also provided to the Sussex County Prosecutor David Weaver as the New Jersey “Attor-ney General” per N.J.S.2C:21-24 Definitions and also filed with the Sussex County Court SuperiorCourt - Judge N. Peter Conforti, J.S.C. on a related indictment Ind. No. 08-09-00315-I by maliciouscomplaints also by Borough of Stanhope officials. As Judge Craig U. Dana, J.M.C. was notified dur-ing the kangaroo court trial as he did NOT allow witnesses to appear in my defense such as Mary Pa-war, 12 East Drive, Stanhope, N.J. 07874, 973-691-0302, who was seated in the courtroom, WilliamFitzgibbons the first assistant prosecutor and another detective who recused himself. This audio recordWAS provided to Sussex County’s Probation evaluator Mr. Hickes and his corrupt Supervisor BrandonDirkson with dozens of other relevant evidence which included a letter from Mary Pawar on her NOTbeing able even though in two other corrupt municipal courts in Stillwater ( Judge Mulhern ) and Ho-patcong ( Judge Browkley, Jr.) who did NOT allow her to testify on my behalf. Both municipal judgesrecused themselves from reviewing the Affidavits I filed in Newton as can be confirmed by contactingthe Town of Newton’s Municipal Court Administrator Ann M. Rosellen, 39 Trinity St, Newton, N.J.07860, [email protected], 973-383-3521 ext. 242, fax 973-383-6471 and based upon anorder at its own motion, the Morris/Sussex Vicinage President Judge Thomas Manahan, P.J.S.C. has or-dered ALL municipal judges to send any Affidavit of Probable Cause filed by my wife or myself in theVicinage to the Morris County Superior Court Vicinage Court Administrator for review by a SuperiorCourt Judge.

d. Whereas, I am a State’s witness and have been reporting violations of dozens of officials, judges,professional engineers, professional planners, mayors, governing body members, town administrators,law firms and their lawyers to the State of New Jersey’s Official Corruption Bureau as I met the As-signment On recent Affidavits of Probable Cause filed in nor allow me any time to have the followingwitnesses appear as he held 13 separate trials on the same day and refused to read written motions andallow defendant exhibits that were submitted per court rule to both the court in chambers and to thecorrupt Municipal Prosecutor William E. Hinkes, Esq., Hollander, Strelzink Pasculli, Hinkes, Vandern-berg & Hontz, L.L.C., 40 Park Place, P.O. Box 99, Newton, N.J. 07860 who was also provided over100 pages of defendant’s disclosure per R 3:13-3(g) Continuing Duty to Disclose violated Rules ofGeneral Application Conduct, Conduct of lawyers, judges and court personnel, R 1:14 Rules of Profes-sional Conduct and Judge Craig U. Dana, J.M.C. violated the Code of Judicial Conduct’s Cannons (1)A Judge should uphold the Integrity and Independence of the Judiciary, Cannon (2) A Judge ShouldAvoid Impropriety and Appearance of Impropriety in ALL Activities and Cannon (3) A Judge shouldPerform the Duties of Judicial Office Impartially and Diligently. On the court audio recorded record ofthe trial provided by Thomas Caggiano and Kathryn Caggiano who were both witness to the willfulperjury on the witness stand under extremely limited initial cross examination was done by the Laddey,Clark and Ryan L.L.C.’s Borough of Stanhope’s Municipal Borough Attorney Richard A. Stein, Esq.who conspired [N.J.S.2C:28-1.a] with the Prosecutor William Hinkes, Esq. and Judge Craig U. Dana,Esq. and Mayor Diana Kuncken who also committed willful perjury proven beyond any reasonabledoubt on the court record. Witnessed Affidavits of Probable Cause were completed by Thomas Cag-giano who is a witness for the Federal Government’s Department of Justice as assigned as a Public Du-ty under law by the HQ, FBI in its letter to Thomas Caggiano of May 16, 2007, exhibit 1, as a State ofNew Jersey witness as assigned a Public Duty under law by New Jersey Governor Jon Corzine in hisletter to Thomas Caggiano of Mar 15, 2006, exhibit 2. And whereas Thomas Caggiano and KathrynCaggiano became State’s witness for the State Police’s Official Corruption Bureau both having mettheir representatives on Dec 5, 2008 and providing evidence of criminal corruption, obstruction of theadministration of law, official misconduct, repeated pattern of official misconduct, crime against civilrights, tampering with witnesses, kidnapping, assault, money laundering, bribery in official capacity ac-

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ceptance of benefits for official behavior, retaliation for past official actions, unlawful official businesstransaction, acceptance or receipt of unlawful benefit by public servant for official behavior, offer ofbenefit t public servant for official behavior, false swearing, unsworn falsification to authorities, falsereports to law enforcement officials, tampering with witness and informants; retaliation against them,tampering and destruction of government records; impersonating a public servant or law enforcementofficer, tampering with public records or information, obstructing administration of law or other gov-ernment function, hindering apprehension or prosecution, compounding, disbursing moneys, incurringobligations in excess of appropriations, findings, declarations relative to deprivation of civil rights bypublic officials, crime of official deprivation of civil rights with bodily harm { a first degree crimeN.J.S.2C:30-6(e) }, complicity, conspiracy, criminal restraint, false imprisonment, criminal coercion,and harassment in a agreed upon enterprise and repeated pattern of a racketeering enterprise amongBorough of Stanhope officials, employees, and persons with contracts awarded per the State’s LocalPublic Contract Law with notice as required by the LPCL in the official newspaper as per New Jerseycase law since 1912 a resolution is NOT a contract.

e. The above apparent criminal acts are defined on the authored and published web site ThomasCaggia-no.com and its sub-directories and links. The Dec 29, 2008 forty five page print-out was filed in theFederal District Court of E.D. PA in the filing of Docket . State Police witnesses to the second illegaland unconstitutional split sentence in the Joint Court where Thomas Caggiano was attacked from therear while standing at the Defendent’s table, were Mary Pawar who Judge Dana refused in violation ofthe U.S. Constitution and N.J. Constitution to be called as a witness, Kathryn Caggiano, and State Po-lice Officers who were advised by Thomas Caggiano he was a State’s witness and had a secured tele-phone number to report crimes directly to the West Trenton’s New Jersey Superintendent of the StatePolice’s Col “Rick” Fuentes’ SGT Littles-Floyd who were Troopers Rivas Badge 7002, O’KeeffeBadge 6236 and Balbo Badge 6058. The Augusta Barracks Det Sgt Brown recused himself when Tho-mas Caggiano and Kathryn Caggiano with three feet of evidence went to the State Police Barracks toreport the indictable crimes filed in the Joint Municipal Court of the Township of Green at the directionof its court administrative staff. On May 3, 2007, New Jersey’s Senate President Codey’s legislativeaide wrote Thomas Caggiano that the Senator agreed with the notice to the appropriate criminal de-partments in the federal government and reconfirmed the direction given to me by the Governor ofNew Jersey that I as a public duty must report State crimes to the New Jersey Attorney General. OnMay 31, 2007, I received a copy of the letter prepared by the Office of Attorney General’s DirectorKimberly S. Ricketts that she was contracted by the Office of the Govenor’s Ian Brennan, Office of theGovernor notified Barbara Corney, Constituent Services and the then Commissioner of Community Af-fairs Susan Bass Levin that a referral from the Governor’s Office was received and that the jurisdictionof the Township of Stanhope was under the jurisdiction of the Department of Community Affairs. OnMar 24, 2006, the Office of Attorney General’s Director of Consumer Affairs Kimberly Rickets noti-fied the U.S. Attorney’s Office, the N.J. Department of Criminal Justice, Special Prosecutions Branch,the executive director of the Board of Engineers Arthur Russo who assigned investigations against fourprofessional engineers who criminally conspired to defraud the public to the review of the Board of En-gineers in formal complaints: John Cilo Jr. who posed as the Borough of Stanhope’s Municipal Engi-neer without any valid written contract { Complaint 05-13}, Joseph Sedivy a professional engineerhired by the corrupt State’s Sussex County Soil Conservation District and approved the certification oftwo false 1/2 project Soil Erosion and Sediment Control Plans for only Block 10902 Lot 10 which wascertified by the corrupt former Mayor of Hopatcong Clifford Lundin, Esq. eleven months after the startof the illegally developed two lot, minor sub-division noted in the official minutes of my third party ap-peal to the Board of Supervisors Fred Hough, Walter Ricker and Barbara Rosko, the chairman CliffordLundin and its manager Winifred Straub of Oct 23, 2002 and the letters noted herein are included as ex-hibits by reference { Complaint 05-13}, Wendell Inhoffer professional engineer who prepared two

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false Soil Erosion and Sediment Control Plans certified by Sussex County Soil Conservation District ofwhich neither was submitted to the Land Use Board and public review in the Borough of Stanhope asrequired by the State’s Soil Erosion and Sediment Control Act, the Department of Environmental Pro-tection Wetland Permit that was issued on Block 10902 Lot 10 which required the developer E.N.F.Development Co. LLC. to notify the DEP with appropriate fee and application of any changes in theapproved site plan or plans which were approved by the Borough of Stanhope’s Board of AdjustmentMinor Sub-division plans and drawings which were under the jurisdiction of the State’s Department ofAgriculture, the State’s Department of Community Affairs Codes and Standards for compliance withthe Uniform Construction Code and the Borough of Stanhope’s Municipal Code Chapters 100 LandDevelopment, Chap 53 Shade Tree Commission, Chap 2 Administration and other codes. The Code En-forcement Official Arlene Fisher requested investigations by the Borough of Stanhope’s apparent Bor-ough Engineer John Cilo Jr. and the Town Planner Scarlett Doyle who were paid without valid con-tracts for over a decade, the Town Administrator Teri Massood who admitted before the Office of Ad-ministrative Law Judge J. Howard Solomon, ALJ in the presence of the Borough Attorney Richard A.Stein, Esq., the former Municipal Clerk A. Battaglia, the federally protected whistle blower who fol-lowed Ms. Battaglia and reported the criminal conduct to at least ten agencies Ms. Robin Kline, RMC,MAS, my wife Kathryn Caggiano and myself. On the court record and in writing the following was ad-mitted under oath and recorded on the Office of Administrative Law court record as the GovernmentRecord Council sent my complaint for denial of access to Government Records under GRC 2006-02wherein the GRC conducted its own 8 month interim order investigation and forwarded part of the re-cords to the OAL Administrative Law Judge J. Howard Solomon, ALJ for fact finding as the reportsand responses provided by the Municipal Clerk Robin Kline did NOT agree with the false responsesprovided by other officials or no response was prepared in defiance of the GRC’s own directive for theBorough to prepare a Statement of Information response which the Borough of Stanhope willfully re-fused to inform the State’s Department of Community Affairs if a document requested to be copied ex-isted and if a copy was provided. Richard Stein, Esq. controlled the organization as its lead controllingconspirator with the knowledge and consent of the Governing Body members and Town Administratorfor years as he committed willful perjury in the Joint Court of Green, in the Statements of Informationsubmitted on 18 denial of access noted on the GRC web site calendar of May 11, 2006 and again on Jul13, 2006 as a search of the Official Public records on the internet for the GRC shows the complicity ofthe many dozens of denial of access complaints submitted by Thomas Caggiano and Mary Pawar as theGRC never held one formal hearing in the GRC with testimony and cross examination by the GRCpanel as envisioned under the Open Public Meeting Act. A sampling of the responses that show theconspiracy among the Department of Community Affairs, the GRC, the Office of Administrative Law,the Office of the Attorney General’s Department of Consumer Affairs, and the Borough of Stanhopeare noted below. I submit by reference as exhibits all my Open Public Meeting presentations at the Bor-ough of Stanhope, GRC and Consumer Affairs, and hearings before the following OAL “Judges”James Geraghty, ALJ, J. Howard Solomon, ALJ and settlement conference before Thomas Clancy,ALJ and exhibits and documentation provided by myself within this certified affidavit as being true.

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and on many occasions the corrupt Executive Director Catherine Starghill, Esq. Administrative closedwithout any analysis many Denial of Access. The last criminal act by the GRC panel, Catherine Starg-hill, Esq. and her In House lawyer

2. Exhibits included by reference:

Included as exhibits per court rules in support of the Motions before the court as referenced exhibits arethe following:

a. The print-out of the Office of the Governor of New Jersey’s response by Special Counsel ClarkeBruno of Oct 29, 2007 in response to my Open Public Record Act (OPRA) request W31992 of Oct 29,2007. In addition to the above, these Office of the Governor’s Records were input by my Point of Con-tract Ian Brennan as he requested an investigation of the Borough of Stanhope through the Office of At-torney General’s Department of Consumer Affairs Director Kimberly Ricketts who forwarded the re-quest against the Borough of Stanhope to the Department of Community Affairs’ Commissioner SusanBass Levin.

b. My detailed letter of Feb 3, 2006 with ninety (90) exhibits I provided the Office of the Attorney Gen-eral’s Department of Community Affairs’ Board of Engineers’ at the request of the Office of the Attor-ney General’s Division of Law’s Deputy Attorney General Michelle Albertson, Esq. who participatedin an investigative inquiry begun as the excellent NON-voting executive director Arthur Russo, of theBoard of Engineers assigned case 05-13 Thomas Caggiano vs. John Cilo Jr. a professional engineerwho owns John Cilo Jr. Associates and by deceit, obstruction of justice, trickery and conspiracy withthe Mayors, Governing bodies, Borough Attorney of Laddey, Clark and Ryan L.L.C.’s Richard A.Stein, Esq. who committed perjury as I stated during the kangaroo court trial and resentencing whichwere illegal split sentences, violated my constitutional rights, violated my right to vote, right to attendOpen Public Meetings at designated locations in the Borough of Stanhope, right to submit Affidavits ofProbable Cause in the Borough of Stanhope’s court as a public duty, right to notify the Code Enforce-ment official of nuisances, right to attend Shade Tree Commission meetings and inform then of deadshade trees in a restricted deed area on the illegally developed Block 10902 Lots 10 and 12 and shadetrees marked to be saved that were also destroyed on Block 10903 Lots 13 with tons of boulders on Lot15 which is NOT the developers property. I hereby include as referenced exhibits the Office of the At-torney General’s criminal tip line reports, Sussex County’s defense disclosure by me under Indictment# and all voluntary Police reports in the Borough of Stanhope. I request whatever prosecutor appearson behalf of the State in the above charges includes the hundreds of files noted above submitted byabout twenty property owners who I am assisting pro bono for now almost seven years since fourteencitizens and property owners in the Borough of Stanhope made a petition to the Borough of Stanhopewhich was willfully ignored as further illegal development occurred on the minor sub-division, Block

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10902 Lots 10 and 12 as Lot 11 was eliminated when the Minor Sub-division project was approved bythe Board of Adjustment and a two foot site plan was approved that NO citizen objected as I myself didNOT make any objection to the two Lot site plan that was approved an until the initial house of the twolot development was illegally issued a full certificate of occupancy without the Department of Agricul-ture even knowing the Project existed with as a TWO lot Minor Sub-division is under the State jurisdic-tion for ONLY review of compliance with the State Standards of the State’s Soil Erosion and SedimentControl Act and local laws are to be enforced by the Mayor and Governing Body per the Land Devel-opment Code Chapter 100. I note for this affidavit, the Land Use Board requested the State of New Jer-sey to investigate the development and its compliance with State laws, the Stanhope EnvironmentalCommission requested the Land Use Board to investigate as plans WERE NOT FOLLOWED, and theCode Enforcement Official Arlene Fisher requested the Town Administrator Teri Massood, the appa-rent Borough Engineer John Cilo Jr. and the Mayor and Governing Body to conduct an investigation ofthe illegal development. They were joined by twenty property owners, all District 24 representatives;namely, State Senator Littell, Assemblywoman Mc Hose and Assemblyman Gregg, and then State Sen-ate President Codey, Congressman Frelinghauysen and our Federal State Senator Lautenberg who ALLrequested investigations as well as DEP’s Assistant Commissioner Lisa Jackson, now our Nation’sEPA Administrator, the Office of the Attorney General’s Fiscal Bureau, the Office of Attorney Gener-al’s Director of Consumer Affairs and the Office of the Government Integrity as well as the StateBoard of Education auditor and others. I was not alone in requests as letters on file with the New JerseyAttorney General were signed by 9, 14 and 15 property owners.

c. My CAG Report, of Jan 8, 2008 provided the Sussex County Prosecutor and the Office of the Attor-ney General’s Davison of Law’s Department of Law and Public Safety including the dozens of crimi-nal tip line reports are included herein to support these motions including my letters to the SussexCounty Probation Official Jennifer Jobbagy and her supervisor Cathy Ashton. This letter was includedin my internet posting to the Department of Law and Public Safety to report first degree crimes com-mitted by Judge Dana, J.M.C. in his unconstitutional orders and arrest without bail attached in my sub-mittal to the [email protected] on April 14, 2009 the day I received the letter from Ms. Maria Spie-gler, Court Administrator, Re: Complaint’s S 2007 000077 et al. My letter was also widely distributedper my public duty to Federal criminal investigators by the email which is under FEDERAL Jurisdic-tion NOT apparently a municipal judge and per New Jersey Supreme Court rulings and for effective-ness in transmitting immediately factors of note that impact my wife’s health, my health, our safety,that of our community and freedoms guaranteed by the United States Constitution and New JerseyConstitution and other Statutes such as the Open Public Record Act , C.47:1A-1, which Judge Dana’sillegal court order tramples on my civil rights noted therein as both Superior Court Judge Bozonelis,A.J.S.C. ordered the Borough of Stanhope to provide copies of documents which I requested under hisown court order which was affirmed in the Superior Court Judge Conforti, J.S.C. court order.

d. My CAG Report of May 13, 2007 provided the Department of Community Affairs with the CD.

e. All motions submitted by me or my attorney Mr. Mattia, Esq. to the corrupt Judge Craig U. Dana re-garding his illegal and split sentences and resentencing and all documents, plans, photographs regard-ing the thirteen malicious petty disorder charges filed by Borough of Stanhope Officials, employees inthe Borough of Stanhope that were ALL transferred to the Joint Court in the Township of Green.

f. All records and documents provided to the Hon. Lawrence F. Stengel in civil case Thomas Caggianov. United States Attorney (PA), et al. No. 09-MC-0003 ( E.D. PA) and the U.S. Attorney Laurie Magidand Assistant United States Attorney Eric D. Gill, Esq.

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g. All records and documents provided the Trenton Superior Court, Chancery Division, Docket No.MER-C-102-07 in State of New Jersey Government Record Council v. Thomas Caggiano which re-quested initially a three day temporary restraining order by the New Jersey Attorney General Anne Mil-gram, the Division of Law’s DAG Debra Allen, Esq., the GRC executive director Catherine Stargill,Esq. and In House lawyer Karyn Gordon, Esq. The request to ban me from the Open Public Meeting ata designated location upon filing by the above lawyers was immediately rejected by Superior CourtJudge Neil H. Shuster, J.S.C. as observed by Kathryn Caggiano who was in the court room as no testi-mony was provided or cross examination of affiant’s. A motion was submitted by me on April 12, 2009to the replacement Hon. M. Sypek, P.J.S.C. and is included as a referenced exhibit with its attachments:

h. My letters to the Sussex County Probation Services, Apr 2, 2008 and my Apr 8, 2000 that was filedwith the Sussex County Superior Court and the Sussex County Prosecutor’s Office on Apr 8, 2009which reported the criminal conduct to the New Jersey Attorney General per N.J.S.2CL21-24 -Definition of Attorney General of the State of New Jersey per the letter guidance to me by Gov. JonCorzine of Mar 15, 2006 is included herein as an exhibit by reference.

i. My letter and all defendent’s disclosure provided to the Hon. N. Peter Conforti, J.S.C. and SussexCounty Prosecutor David Weaver are included as exhibits and defendent’s disclosure in the abovematter and the municipal prosecutor pursuant to their duty under the Rules of Professional Conduct andcourt procedure R1.14 [1.6] and RPC 3.8(d) Special Responsibilities of a Prosecutor and RPC 8.3Reporting Professional Misconduct is to assure all exculpatory defendent’s disclosure to the SussexCounty Prosecutor’s Office from 2003 to present and to the Department of Law and Public Safety arepresented during all conferences, pre-hearings and any trials for any and all cases brought against meby the State of New Jersey for any petty disorder or implied probation violation of any unconstitutionalcourt order issued by the Superior Courts of New Jersey or any municipal court thereof and that “Alawyer who knowns hat anohter lawyer has comitted a violation of the Rules of Professional Conduct”or a lawyer that knows that a judge has committed a violation of applicable rules of judicail conduct”shall notify the appropriate authorities

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j. As noted in the letter from the New Jersey Supreme Court’s executive director JosephTonelli of the Advisory Committee on Judicial Conduct under a public duty to report violation of theRules of Ethics of Judicial Conduct I have notified the ACJC of violations of ten Judges of the Code ofJudicial conduct and have also notified the Director of Attorney’s Ethics and the District EthicsCommittee District X chair of the violations of many law firms and their lawyers violation of the Rulesof Professional Conduct, and filed Affidavits of Probable Cause in the Joint Municipal Court located inthe Township of Green against Judge Craig U. Dana, J.M.C., prosecutor William Hinkes and others,and also notified the Township of Green per Resolution #08-025R, Article 8: Joint Municipal CourtCommittee,the respective Mayors and Town Administrators of not only ineffective conduct of its hiredlawyer under the Local Public Contracts Law but one that has failed to perform his Official duties andconducted a Tort Claim Act violation of Breach of duty, caused severe emotional distress to my wife,father, mother, family and by given ACTUAL notice by my primary Dr. Giangrasso in numerousletters on the stress of our supporting the federal and State criminal investigators and retaliation, libel,slander, kidnapping, assualt, defamation of my character and even my wife’s on April 1, 2009 as shewas banned as well as my attorney Mr.Mattia as she traveled with me to obtain another fourthpyschriatrist’s review even after Judge Dana was given without my authority the State’s Dr. Joseph’sfalse report which I noted in a 23 page letter from Jail to the CEO Mr. Main which is made part of thisaffidavit as I also on the Superior Court of Sussex County explained in great depth the scientific flawsin Dr. Joseph’s fraudulant analysis and her conclusion which was I would never allow any attorney torepresent me in court which was proven false immediately as I allowed Mr. Mattia, Esq. to representme twice before Judge Dana, J.M.C. as he submitted additional motions under R 7:10-2 Post-Conviction Relief (a)(b)(1) and (3) on that Grounds that there was a substantial denial in the conviction(and sentencing and resentencing) proceedings of defendents rights under the Constitution of theUnited States of the America and the State of New Jersey. All the motions I submitted and that myattorney submitted to the Joint Court are hereby referenced and made part of this affidavit in support ofthe motions to prevent the continuation of manifest injustice and continued great emotional distress tomyself, my beloved wife Kathryn, Mary Pawar who was in court to testify in my defense as she hasappeared in the courts of Stillwater and Hopatcong as a defense witness and NOT allowed to testify inmy defense in violation of the Constitutions by Municipal Judge Mulhern, J.M.C. and Municipal JudgeBrowkley, Jr. as both Judges were referred to the Department of Justice’s Civil Rights CriminalDivision, the Department of Justice’s Criminal Division Public Integrity Section, the U.S. Attorney, theFBI, the Office of the Governor of New Jersey, New Jersey Attorney General, the Department of Lawand Public Safety, the Division of Law, the Sussex County Prosecutor David Weaver, State PoliceOfficial Corruption Bureau, the New Jersey Supreme Court’s Advisory Committee on Judicial Conduct, the Morris/Sussex Vicinage Assignment Judge B. Theodore Bozonelis, A.J.S.C. and the public via myauthored and published web site ThomasCaggiano.com known to every New Jersey member of theSenate and General Assembly and the Sussex County Board of Chosen Freeholders, Sheriff of SussexCounty Jail, Undersheriffs, and their officers wherein I am known as “.com” for my web siteThomasCaggiano.com my name being used on the malicious charges now before me in Sussex CountySuperior Court wherein the Assistant Prosecutor Joseph Corazza made the offer in court that withoutpleading guilty to any of the charges if I entered a program all charges would be dropped. I refused theoffer as I expect to be completely vindicated of all charges and I expect on my appeal to the appelattecourt to be completely exonrated of all charges before the unconstitutional trial and illegal splitdecision by Judge Craig U. Dana, J. M.C. who had NO authority per court rules governing criminalpractice R 3:12 [2.3.3] and N.J. Case law, State v. List, 270 N.J. Super. 263 ( Law Div. 1990 to orderan psychiatric examination AFTER sentencing as neither an insanity nor diminished capacity defensewas used as a defense and that Dr. Joseph made a finding per the order of Judge Conforti, J.S.C.BEFORE the trial started that I am completely competent to defend myself. I have demanded a Pool

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Attorney, at my cost be found by Judge Conforti, J.S.C. which I shall pay such attorney at my expenseand demanded the attorney review my filed web site ThomasCaggiano.com as over 24 law firms werecontacted and each law firm has either pleaded conflict of interest or the case was much to large sinceover 3.7 Gigs of Defendent’s Disclosure has already been provided the Sussex County Prosecutor’sOffice which represents the State of New Jersey and the Superior Court of New Jersey.

k. My letter of Apr 13, 2009 to the Probation Services Supervisor and Probation Officer JenniferJobbagy is included as an exhibit including all documentation provided to the Probation Officer duringmy many visit to her office wherein I reviewed in great depth the C.E.P.A., Code of Ethics andcriminal conduct of Judge Craig U. Dana, J.M.C. during the unconstitutional trial and sentences andresentencing.

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l. Court Ordesr, issued by the Morris/Sussex County Superior Court’s Hon. B. Theordore Bozonelis,A.J.S.C. and Thomas Manahan, P.J.S.C.

3. Discussion:

a. Open Public Record Act:

New Jersey law provides to me rights denied by Judge Dana, J.M.C. in his illegal sentencing and re-senting court order.

b. Open Public Meeting Act:

New Jersey law provides to me rights denied by Judge Dana, J.M.C.

Judge Dana’s court orders denies me my Civil rights under the U.S. Constitution’s Bill of Rights andthe New Jersey Constitution and State Statutes; such as, the Open Public Meetings Act. The followingwas abstract from the New Jersey State League of Municipalities as they are pertinent, relevant and ma-terial proving beyond any reasonable doubt the illegality of Judge Dana’s court order in his unconstitu-tional initial split sentence and the second illegal and unconstitutional sentence as he verbally evenbanned my wife and my own attorney from expedited gaining my release from Jail as he demandedpsychartric reports AFTER his initial split sentencing for which he had NO hearings and no legal au-thority to demand private medical information AFTER his sentence was issued.

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c. I am a witness for the State of New Jersey’s Police’s Official Corruption Bureau as is my wife Ka-thryn Caggiano and having met them in the Hughes Justice Complex we provided the criminal investi-gators a CD with a recording of the kangaroo court Trial by Judge Dana, J.M.C. and his accomplices;such, as prosecutor William Hinkes and Stanhope’s Borough Attorney Richard A. Stein, J.M.C. The re-cording and all documents I provided as Defendent’s Disclosure to the court and also the prosecutorwho has a responsibility to provide the court ALL exculpatory evidence conduct himself in violation ofthe Rules of Ethics and the Rule of Professional Conduct. Judge Dana, J.M.C. violated the Rule ofEthics and Code of Judicial Conduct as witnesses such as Mary Pawar, 12 East Drive, Stanhope, N.J.07874 who was seated in the court room was denied by Judge Dana, J.M.C. from appearing as guaran-teed by the New Jersey Constitution as Judge Dana, also refused to allow the Office of the AttorneyGeneral’s Sussex County Prosecutor’s Office First Assistant Prosecutor William Fitzgibbons or its theDivision of Law’s Deputy Attorney General Debra Allen, Esq. to testify in my defense as both haveyears of detailed knowledge on the criminal invents that transpired since We the People Petition theGovernment to simply comply with federal, state and municipal laws and protect our safety, shade treesand our general wellbeing and free from fear itself as noted on the Official Newspaper, the New JerseyHerald, Aug. 1, 2002. Our simple demand has been sedated.

d. Whereas I expect to call Judge Dana, Prosecutor Hinkes, Superior Court Judge Conforti, AssignmentSuperior Court Judge B. Theodore Bozonelis as witnesses, a change in venue out of the Morris/SussexVicinage is requested. I note, that Judge Mulhern transfer the cases brought by Stanhope officials latertransferred all the last four cases now under an indictment I have NOT even plead NOT Guilty as thefollowing Judges plead NOT Guilty for me: Netcong Municipal court Judge and Superior Court JudgeN. Peter Conforti, J.S.C. Both Judge Conforti, J.S.C. and the Assistant Prosecutor for Sussex Countyapproved immediately my travel out of the State of New Jersey and Judge Conforti, J.S.C. on the re-cord just desired the intinery of my travels OUT of the United States for a condition of their approval. Ihave provided Judge Conforti, the Sussex County Prosecutor’s Office and the Probation Officer notifi-

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cation of my planned trips and the now booked cruise as four M.D.s who I have seen have all recom-mended to my wife and myself to seek stress relief and rehabilitation.

e. Judge Dana was notified of my stressed condition in warning after warning letter by my primarymedical doctor of over twenty years as he has treated me for the stress of my cooperation with federaland state officials AS it is public duty required under the laws of our Nation and our State of New Jer-sey as stated in N.J.S.2C:3-3.a.(5) and N.J.S.2C:2-1.b(2)

f. The Appellate Court has made a final finding that the formal format used by the GRC is NOT re-quired by those seeking to examine or obtain copies of Government Documents per OPRA and JudgeDana’s court orders violate the Appellate Court Decision and must be changed as it is illegal.

3. Motions:

a. A Change in Venue is approved do to potential conflict or appearance of conflict of interestbetween Hon. Craig U. Dana, J.M.C. and prosecutor William Hinkes, Esq. and Thomas Caggiano

b. The Probation Special Requirements are expunged as they are violation of the United StatesConstitution, the State of New Jersey Constitution, Appellate Court decision, State Laws andBorough of Stanhope regulations and By-Laws concerning NO Contract with the Borough of

Stanhope

4. Affidavit Certification: I certify that the foregoing statements made by me are true. If any ofthe foregoing statements made by me are willfully false, I am aware that I am subject to punishment.

______________________________Thomas Caggiano Jun 4, 2009Author and Publisher of ThomasCaggiano.com

CF: Hon. Thomas Manahan, P.J.S.C. and Vicinage Court Administrator Morristown CourthouseWilliam E. Hinkes, Esq. Joint Court of Green municipal prosecutorState of New Jersey Supreme Court’s ACJC Case file 2008-305