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2th
December 2005
Dear
Sir:
My
name is Sam Smolen. I am a 60-year-old former federal employee and
former investigator with the NYC Board of Corrections. I was a tenant
organizer and founder and first president of the East 95th
Street (Manhattan) Block Association. In that latter position, I was
given an award by the NYPD in conjunction with the Lenox Hill
Neighborhood Association for my crime prevention efforts concerning
senior citizens. I was an active member of the WBAI community since
1968. I did several in-studio interviews with Bob Fass, Dolores
Costello, and Lenny Lopate. I spoke out often on police/correction
officers’ corruption and brutality and racism. I received threatening
mail and telephone calls. After one particular broadcast, I was shot in
the leg by an unknown sniper.
I
know of your extensive background in law enforcement, your knowledge of
internal agency corruption, and elimination by any means necessary of
critics to their operations. I also know that, like me, you became
disenchanted with agency goals and power politics.
In
the 1980s, someone was driving around in the Bronx and Westchester
County picking up young boys and sodomizing them. I was charged with
two of those crimes – crimes I did not commit. While I was held on bail
I could not raise, those crimes continued. Through my own law
enforcement contacts, I later learned that I was specifically targeted
as a suspect – supposedly chosen from a list of people who were known to
frequent known sexual pickup areas, cruising locations often frequented
by gays. I further learned that after having concentrated all their
efforts on me – destroying my reputation and relationships in the course
of their investigation – that even after exculpatory evidence became
available establishing my innocence, they refused to consider or accept
my innocence.
Unknown to me at the time, they specifically chose the judges that tried
my case, in fact, bringing one judge all the way down from Essex County
to try my Westchester case. They had another inmate in the Westchester
County Jail convince me to hire a former Westchester County DA, (a fact
unknown to me at the time) to represent me. He not only worked in the
Westchester DA’s office during the time my case was under investigation,
but had actual knowledge and participation into investigating me. It
was unethical and probably illegal for him to represent me. When I got
a copy of his omnibus (sic) motion and realized I was purposely being
denied representation, I immediately fired him.
In
the Westchester case, I was offered a plea deal of 2-6 years, which I
immediately rejected. The victim in that case was shown a photo array
containing my photo. He did not choose my photo, but another subject.
In a line-up, the victim again did not choose me, but another subject
and there was no in-court identification. The medical evidence showed
no sexual assault or even an attempt at same, making me the only person
in the history of New York State convicted of sodomy with no
identification by the victim or medical evidence. There was also no DNA
evidence and any such evidence was either not preserved or destroyed. I
took a judge trial and was found guilty of all the charges except the
one I would have had to plead guilty to in order to receive the plea
deal.
I
wasn’t aware that my conviction was "guaranteed" by the arrangement the
DA made in bringing in that specific judge. My sources told me that all
the other county judges refused to try my case, believing the charges
should have been dismissed. I later received, under the Freedom of
Information Act, records from the FBI which clearly showed that crucial
records were altered by the investigating detectives and then they
committed perjury when they testified to those records during a 30/30
speedy trial motion. My trial judge had earlier denied another
defendant – charged with rape – his 30/30 motion, but the Appellate
Division Third Department reversed.
All
of this was unknown to me during trial and explains why this judge was
specifically chosen. He was already on record denying another defendant
his 30/30 motion and the Third Department hadn’t yet heard his appeal.
The Appellate Department Second Department affirmed my conviction, but
ironically Judge Thompson, who was one of the Appellate justices
assigned to hear the oral arguments in my appeal, mysteriously withdrew
before the date of oral arguments. Again, my sources claim he would
have voted for reversal and dismissal of my indictment based on the
30/30 motion. I should have been granted admission to the NYS Court of
Appeals, based on the Third Department decision which conflicted with
the Second Department’s decision rendered by the same trial judge in
both cases. However, my Appellate counsel, as well as myself, was
unaware of the Third Department’s decision.
In
the Bronx case, I was identified by the victim in a photo array and in a
line-up and at trial. However, in the photo array selection, the
investigating detective had the victim’s father leave the room and the
detective’s partner wasn’t present either – which insured that no one
except the victim and the one detective could verify his choice of me.
The victim’s father had seen the perpetrator along with his son, but he
did not choose my photo. In the line-up, the door to the viewing room
was left wide open and the arresting detective went unescorted to a
bathroom to bring the victim to the viewing room, having already known
my line-up position being #2. The victim also identified me at the
trial, but in three separate statements he had given to the police at
the time of the crime, he stated that the perpetrator had a missing
front tooth. I did not have a missing front tooth and this was never
brought to the attention of the jury. I was offered 1 ½ - 4 ½ years
running concurrent with the sentence or plea offer made in Westchester
County. I was convicted and sentenced to 7-21 years, running
consecutive to the 8 1/3 - 25 years sentence given to me in Westchester
County, or 15-30 years total. Again, there was no DNA or other
corroborating evidence.
I
also learned that, prior to holding the line-up, I was taken out of my
cell and brought to the front of the jail – told I was going to the
line-up and then taken back to my cell. But ten minutes later, I was
taken out of my cell and driven to the line-up. My source told me that
the detectives were so worried I wouldn’t be identified that they
brought the Bronx victim to the County Jail so he could view me before
the actual line-up. That was the reason I was brought out of my cell
the first time. In fact, the victim alluded to such during my
count-appointed 18B-Attorney’s cross examination. I’ve read a lot of
cases over the last 20 years, but I’ve found none where there existed
the amount of exculpatory evidence and official misconduct as exists in my cases.
I
pray that I don’t die before my innocence is established. I am sure you
are well aware how child victims are easily persuaded to give testimony
(and or prompted to identify an innocent man) based on a detective’s
method of questioning.
I
don’t know if you do pro-bono work or if I can afford your services, but
I am convinced that you could prove me innocent.
I
wish I knew how to move your soul to insure your help.
Thank you for your time, cooperation, and consideration. I look
forward to receiving your reply. My best wishes to you, the WBAI staff,
and all of its listeners.
Respectfully,
Samuel J. Smolen, Jr |
