Dorrel Holmes. P O Box 30027, Jamaica NY 11430 ---------------------------------------------------------------------------------------------------------------------------->>>
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.