#33, Drano Series
Trimboli's Motion for
Exculpatory Evidence
UPDATED
Paul Trimboli was found
Not Guilty.
A year or two later, he was thrown into jail for allegedly speaking to one of his grown sons.
Subsequently Paul passed away from heart trouble.
I took over the "death threat" case -- Commonwealth v. Paul Trimboli -- to heighten awareness of bias and discrimination in the family court, but have not received the discovery I sought. Since I'm 2-3 hours away from the Springfield court, I need help. Here is what has happened thus far. The CPCS appointed counsel had already received the statements of the two court officers, the state trooper. and Paul himself. Counsel also had the transcript of the hearing at the end of which Paul made the famous remark to the judge.
Paul wants to make this a case for the cause, he doesn't care whether he goes to jail ("I'm not afraid, I'm already homeless," he said), he wants to reveal the bias and discrimination
I filed a discovery motion. That motion is below. I was trying to get -- other than the world -- those cases over which Judge Sacks presided and which dealt with custody, visitation, protective orders, and 209As.
I want docket sheets, which should show me the activity on the case and the disposition of certain matters, whether there had been an evidentiary hearing.
I want affidavits supporting 209A to determine the basis on which Sacks issued the orders, to learn whether he required facts other than the fear of the complainant, to learn whether he gave the defendant an opportunity to cross-examine his/her accusers.
Because of Sacks's mercurial temperament, I want his medicals.
The bottom line was that I want every piece of paper which I can use to show his bias and the court's discrimination against men and which I can use for impeachment of Sacks on the stand.
Then I wanted Judge Losapio to give me time after I received the discovery to determine if I needed more discovery. He was going to include a time schedule with his decision.
When the decision came in, Losapio denied all my requests . . . and allowed only the motion for leave to file additional motions.
Any help by anyone to get these materials from Springfield court house would be greatly appreciated.
COMMONWEALTH OF MASSACHUSETTS HAMPDEN, SS. SPRINGFIELD DISTRICT COURT
. . DOCKET NO. 0023-CR-011836-----------------------------------------------
Commonwealth of Massachusetts
Plaintiff
v.Paul V. Trimboli, Jr.
Defendant
-----------------------------------------------MOTION FOR EXCULPATORY EVIDENCE
Now comes the defendant, Paul V. Trimboli, in the above-entitled matter and moves, pursuant to Rule 14 of the Massachusetts Rules of Criminal Procedure, that the Court order the Commonwealth to furnish the defendant with all exculpatory evidence within its possession, custody, control, or within the
knowledge of the prosecuting officer or any agent of the Commonwealth during the pendency of all matters in regard hereto, specifically, but not limited to, any evidence that can be used for the purpose of impeaching the credibility of witnesses upon whose testimony the Commonwealth intends to rely in support of
the matters referred to for and during any stage of the prosecution of this case.1. A copy of the bench notes, whether bound and unbound, made by Judge David G. Sacks since 1986.
2. Names and addresses of any persons providing him psychologcal or psychiatric services.
3. Any and all psychological records of Judge David G. Sacks.
4. Any and all psychiatric records of Judge David G. Sacks.
5. A list of all medications which Judge David G. Sacks has been prescribed during the last twenty (20) years.
6. A list of all medications which Judge David G. Sacks has taken during the last twenty (20) years.
7. A list of any and all writings such as papers, articles, prefatory remarks, chapters, books, whether published or not, authored by Judge David G. Sacks.
8. A copy of each writing such as papers, articles, forewords, prefatory remarks, chapters, books, book reviews, whether published or not, authored by Judge David G. Sacks.
9. A copy of each set of findings of fact and conclusions or rulings of law written by Judge David G. Sacks for custody and/or visitation actions.
10. A copy of each set of proposed findings of fact and conclusions or rulings or law written by Judge David G. Sacks for protective order and/or 209A actions.
11. A copy of each set of findings of fact and conclusions or rulings of law written by Judge David G. Sacks for protective-order and/or 209A actions.
12. A copy of each set of proposed findings of fact and conclusions or rulings or law written by the parties in protective-order and/or 209A actions presided over by Judge David G. Sacks.
13. A copy of each and every memorandum of decision or opinion written by Judge David G. Sacks for protective-order and/or 209A actions.
14. The docket number of all complaints filed against Judge David G. Sacks at the Commission on Judicial Conduct since 1986.
15. Any notes or other materials in his possession concerning Paul V. Trimboli which are not in the Probate Court's files of any actions involving Paul V. Trimboli.
16. Any notes or other materials in his possession concerning Paul V. Trimboli which are not in the Probate Court's files of any actions involving Kimberly Matt.
17. Any notes or other materials in his possession concerning Paul V. Trimboli which are not in the Probate Court's files of any actions involving Vicki LaFramboise.
18. A copy of Guidelines for Judicial Practice: Abuse Prevention Proceedings, Massachusetts Trial Court, including, but not limited to, Guideline 3:04,Closure of Ex Parte Hearings to the Public, and Commentary thereto, and Guideline 5:03 and
Commentary thereto.19. Docket sheets of all divorce and paternity actions over which Judge David G. Sacks has presided in which visitation and custody were at issue within the last ten (10) years.
20. Docket sheets of all divorce and paternity actions over which Judge David G. Sacks has presided in which one or more protective orders were at issue within the last ten (10) years.
21. Docket sheets of all 209A actions over which Judge David G.
Sacks has presided in which one or more temporary or permanent restraining orders were at issue within the last ten (10) years.22. A copy of all affidavits written in support of chapter 209A restraining orders signed by Judge David G. Sacks within the last ten (10) years.
23. A copy of each and every abuse provision order issued by Judge David G. Sacks within the last ten (10) years.
24. A copy of the tape for each ex parte 209A hearing within the last ten (10) years.
25. A copy of the tape for each non-ex-parte 209A hearing within the last ten (10) years.
26. A copy of the tape for each evidentiary 209A hearing within the last ten (10) years.
27. All judgments of contempt or summary contempt issued by Judge David G. Sacks and related to alleged disrespectful conduct by others toward him.
28. All judgments of criminal complaints issued by Judge David G. Sacks and related to alleged disrespectful conduct by others toward him.
29. The docket sheets of any and all legal actions brought by Judge David G. Sacks or members of his immediate family (i.e., wife and children, parents, and/or siblings) before or after he was appointed to the bench.
30. Any and all writings which evidence his role in the Judge Marie Lyons disciplinary action.
31. A list of Judge David G. Sacks' memberships in any and all organizations of any kind.
32. A list of any boards of directors on which Judge David G. Sacks sits.
33. A copy of each and every letter or note written by Judge David G. Sacks and sent to the Appeals Court regarding a case pending before that court.
34. A copy of each and every response written by Judge David G. Sacks to any complaint filed at the Commission on Judicial Conduct.
35. A copy of each and every complaint filed at the Office of Bar Counsel against David G. Sacks before he was appointed to the bench.
36. A copy of each and every response written by David G. Sacks to any complaint filed at the Office of Bar Counsel before he was appointed to the bench.
37. A copy of the application for judicial appointment completed by Attorney David G. Sacks.
38. A list of sponsors or references for his judicial appointment.
39. A list of those who filed an objection to his judicial appointment. If the objection was written, a copy of the written document containing the objection.
Respectfully submitted,
PAUL TRIMBOLI,
By his attorney,
11 March 2001 Barbara C. Johnson
Barbara C. Johnson, Esq.
6 Appletree Lane
Andover, MA 01810-4102
978-474-0833
CERTIFICATE OF SERVICE
I hereby certify that on 11 March 2001 I FAXed and on 12 March 2001 I served in hand a copy of the within pleading on ADA James Orenstein, Office of the District Attorney, 50 State St., 3d floor, Springfield, MA 01103.
11 March 2001 Barbara C. Johnson
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. SPRINGFIELD DISTRICT COURT
. . DOCKET NO. 0023-CR-011836-----------------------------------------------
Commonwealth of Massachusetts
Plaintiff
v.Paul V. Trimboli, Jr.
Defendant
-----------------------------------------------
MOTION TO BE FURNISHED WITH NAMES AND ADDRESSES
OF INTERVIEWED AND PERCIPIENT WITNESSESNow comes the defendant, Paul V. Trimboli, in the above-entitled matter and moves, pursuant to Rule 14 of the Massachusetts Rules of Criminal Procedure, that the Court order the Commonwealth to furnish his attorney with the names and addresses of all witnesses interviewed by the Commonwealth and all percipient witnesses (informants) known or becoming known to the Commonwealth, who are not disclosed to the defendant pursuant to other discovery orders.
In support of this motion, defendant says the identities and addresses of these witnesses -- except police officers -- are absolutely necessary in the preparation of his defense.
Respectfully submitted,
PAUL TRIMBOLI,
By his attorney,
11 March 2001 Barbara C. Johnson
Barbara C. Johnson, Esq.
6 Appletree Lane
Andover, MA 01810-4102
978-474-0833
CERTIFICATE OF SERVICE
I hereby certify that on 11 March 2001 I FAXed and on 12 March 2001 I served in hand a copy of the within pleading on ADA James Orenstein, Office of the District Attorney, 50 State St., 3d floor, Springfield, MA 01103.
11 March 2001 Barbara C. Johnson
COMMONWEALTH OF MASSACHUSETTS
HAMPDEN, SS. SPRINGFIELD DISTRICT COURT
. . DOCKET NO. 0023-CR-011836-----------------------------------------------
Commonwealth of Massachusetts
Plaintiff
v.Paul V. Trimboli, Jr.
Defendant
-----------------------------------------------
MOTION FOR LEAVE TO FILE ADDITIONAL MOTIONS
Now comes the defendant, Paul V. Trimboli, in the above-entitled matter and moves that the Court permit him to file supplementary motions within seven (7) days of the receipt of any materials or information sought by his discovery motions, and ordered by the Court to be furnished, as may be appropriate in the light of such information, including, but not limited to, motions to dismiss and to suppress.
11 March 2001 Barbara C. JohnsonRespectfully submitted,
PAUL TRIMBOLI,
By his attorney,
Barbara C. Johnson, Esq.
6 Appletree Lane
Andover, MA 01810-4102
978-474-0833
CERTIFICATE OF SERVICE I hereby certify that on 11 March 2001 I FAXed and on 12 March 2001 I served in hand a copy of the within pleading on ADA James Orenstein, Office of the District Attorney, 50 State St., 3d floor, Springfield, MA 01103.
11 March 2001 Barbara C. Johnson
COMMONWEALTH OF MASSACHUSETTS HAMPDEN, SS. SPRINGFIELD DISTRICT COURT
. . DOCKET NO. 0023-CR-011836-----------------------------------------------
Commonwealth of Massachusetts
Plaintiff
v.Paul V. Trimboli, Jr.
Defendant
-----------------------------------------------
MOTION TO INSPECT TANGIBLE EVIDENCE Now comes the defendant, Paul V. Trimboli, in the above-entitled matter and moves, pursuant to Rule 14, that the Court order the Commonwealth to permit his attorney to inspect and copy, if so desired, all tangible evidence that the Commonwealth will offer at the trial of the case, stating in support of this motion that inspection prior to trial of the case is absolutely necessary for the adequate preparation of his defense, and that prior inspection will probably obviate the possibility of delay during the course of the trial.
PAUL TRIMBOLI,
By his attorney,
Barbara C. Johnson, Esq.
6 Appletree Lane
Andover, MA 01810-4102
978-474-0833
CERTIFICATE OF SERVICE I hereby certify that on 11 March 2001 I FAXed and on 12 March 2001 I served in hand a copy of the within pleading on ADA James Orenstein, Office of the District Attorney, 50 State St., 3d floor, Springfield, MA 01103.
11 March 2001 Barbara C. Johnson
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Barbara C. Johnson, Attorney at Law
6 Appletree Lane, Andover, Massachusetts 01810-4102 Phone 978-474-0833