PASSAIC COUNTY SHERIFF OFFICERS RONALD
A. LUCAS AND VICTOR D'AGOSTINO USE OF PERJURED TESTIMONY AND FALSE, FABRICATED OR FRAUDULENT EVIDENCE
TO MISLEAD THE GRAND JURORS AND HELP INDICT AN INNOCENT HOMEOWNER
Sheriff’s Officers Ronald A. Lucas and
Victor D’Agostino both lied before the grand jury, i.e., they committed
perjury, a criminal offense. We are
asking this Court or the Attorney General to charge these individuals with
perjury after we prove their lies and fabrications in an evidentiary hearing.
Between their investigation reports
and the grand jury testimony, Lucas and D’Agostino have presented at least
eight (8) different scenarios of what happened during the morning of June 28,
2011. That is, eight (8) different scenarios
they present in their own words (either written or spoken), without even being
cross examined by the defense. Can this
Court imagine what will happen if Dr. Stephanatos or his defense counsel is
allowed to cross-examine these lying individuals? We can guarantee to this Court that there will
be some very significant Perry Mason moments and we are asking that we are
allowed to cross-examine them; the right
to confront the accusers is a fundamental right guaranteed by the Sixth
Amendment to the Federal and New Jersey Constitution. The Confrontation Clause of the Sixth
Amendment to the United States Constitution provides that "in all criminal
prosecutions, the accused shall enjoy the right…to be confronted with the
witnesses against him." Generally, the right is to have a face-to-face
confrontation with witnesses who are offering testimonial evidence against the
accused in the form of cross-examination during a trial. The Fourteenth
Amendment makes the right to confrontation applicable to the states and not
just the federal government.
General overview of Dr. Stephanatos’ former dwelling that was
seized by the conspirators, Robert Del Vecchio, ATF, LLC and others after
hiring the Passaic County Sheriff using a default writ of possesion that is
only valid for uncontested cases and vacant homes. Photo taken from the front of the property,
two weeks prior to the tragic incidents of June 28, 2011. Note the philodendron subincisum planter at
the front of the porch area. Nick Mango
went behind the philodendron subincisum planter and placed his face at the side
window so that he can see inside the home. This is a criminal activity
prohibited under 2C:18-3.
Unlicensed entry of structures; defiant trespasser; peering into dwelling
places and in violation of the Fourth Amendment to the U.S. Constitution and N.J. Const. (1947), Art. I, Par.
7.
Although we do not know the location of Lucas from the investigatory
reports, Lucas claims that went behind the rhododendron bushes where he claimed
that he fell and injured his shoulder.
These facts, including the location of Lucas, prove beyond any doubt
that Lucas was illegally peering and searching inside a dwelling without having
a Warrant for Removal (see N.J.S.A.
2A:39-1 Unlawful entry prohibited). He then later claimed that he was just coming
up the steps and he was assaulted at about 8:55 am, despite the fact that
electronic records obtained from Dr. Stephanatos business computer showed that
he was sending emails to his business clients as of 8:50 am and earlier. Lucas also claimed that a plastic Pelican
scientific case used by vendors of Dr. Stephanatos’ business was a metal
ammunition box, a fraudulent assertion that has been refuted before Judge Filko
by Prosecutor Peter Robby. Lucas
also claimed that he saw a “shotgun”, but no “shotgun” was ever found. In yet another version, Lucas and D’Agostino
state and write that they thought that the plastic Pelican case was an IED or a
bomb!
I also bring to the
Court’s attention of NJ Rev Stat § 2C:33-11.1 (2013) - Certain actions relevant
to evictions, disorderly persons offense that deal specifically with
residential real properties. That
statute also states that a Warrant is required for residential properties. The sheriff committed a criminal offense in
violation of that statute by entering Defendant’s property without a warrant
for removal and removing him from his residential premises.
A person commits a
disorderly persons offense if, after being warned by a law enforcement or other
public official of the illegality of that action, the person (1) takes
possession of residential real property or effectuates a forcible entry or
detainer of residential real property without lawful execution of a warrant for
possession in accordance with the provisions of section 2 of P.L.1974, c.47
(C.2A:42-10.16) or without the consent of the occupant solely in possession of
the residential real property. NJ Rev
Stat § 2C:33-11.1
Lucas Lie #1
Specifically, both officers lied when
they testified that the defendant had his front door open and his storm door
shut and that they were able to see the defendant pointing a gun at them
through the glass storm door. (Lucas testified to this at GJT10-24 to 11-12; Da7;
D’Agostino testified to this at GJT16-1 to 17; Da10, Motion to Change Venue).
It is the defendant’s contention that
he had the front door (and all other doors) closed and locked with a
deadbolt. He had placed a business sign
in the front door (see image below) so that the Sheriff’s Officers would see
that there was a tenant on the premises and that they could not proceed with
the illegal removal without a Warrant for Removal obtained from a Law Division
Judge in compliance with the Unlawful Entry and Detainer Laws of this
state. See N.J.S.A. 2A:39-1 Unlawful entry prohibited. Had defendant left the door open, they would
not have been able to see the business sign.
In fact, in the Search Warrant
prepared by Detective Scala, he writes that “CPL. Lucas relates that upon knocking on the front entrance door of the
residence”. So, there you have
it: Lucas included statements in a sworn
affidavit that he actually knocked the front entrance door.
It makes no sense that I would keep
the front door open for the sheriff to come in, when in fact I did not want
anybody to come inside my home while the appeals were pending in the appellate
courts and there was a lawsuit in the Law Division to vacate the tax
deed. These two deputies are obviously lying to cover their criminal
activities. Having a JD Degree, I knew
that if a leave a door open, I am actually inviting the sheriff to enter my
home; the same result is if I answer the door.
That is why I did not answer the door (in fact, I very rarely if ever
answer the front door because I have a mild form of Asperger’s.). I would never do such a thing.
Furthermore, the sheriff post-incident
reports all show that my back door was locked with deadbolt, my garage was
locked with deadbolt, and my car was also locked. Who locks his car inside a locked garage, and
who places deadbolts in garage? Well, a
person like Dr. Stephanatos who knew the law and knew that he needed to prevent
everybody from coming inside his home, especially that day, until the Appellate
Courts adjudicate the case. Dr.
Stephanatos also knew that what Robert Del Vecchio and ATF were doing was
illegal and that they took advantage of the sheriff and the lack of competence
or heavy caseload of Chancery Judge McVeigh.
These actions of the antitrust conspirators was part of the scheme to
defraud homeowners (including Dr. Stephanatos) of the property.
Lucas Lie #2
During the grand jury proceedings,
Lucas also lied to the jurors when he said that he was only trying to serve
process papers. This is an obvious
fabrication, a terrible lie, as he also testified that several (they state that
there were four of them) officers were dispatched during that day in two
sheriff vehicles with the specific intend to forcefully remove Dr. Stephanatos
without obtaining a Warrant for Removal from a Law Division Judge. The process papers he referred to had already
been delivered to Dr. Stephanatos. How
come several officers are now attempting to re-deliver the same papers? This makes no sense, as it is a lie, a
perjury committed by Lucas.
In fact, the purpose of these four
officers was to “secure the house”.
See Lt. Nicholas Mango’s report, dated
June 29, 2011. Mango wrote that “we told the ATF, LLC property manager to
stand by at the entrance to Manitou Estates”, “until we secured the house”.
The officers also came carrying MI-16 assault rifles, proving the
aggressive behavior of these people.
View of the front door of Dr. Stephanatos’ dwelling at 687
Indian Road, Wayne, New Jersey. Photo
taken from the front of the property, two months after the tragic incidents of
June 28, 2011. Note the significant sun
glare, making it impossible to see inside the home during the morning
hours. The philodendron subincisum
planter at the front of the porch area has been removed, as the conspirators
emptied Dr. Stephanatos’ home from all his belongings. After nobody answered the door at 8:50-8:55
AM on June 28, 2011, and because of the sun glare, Nick Mango went behind the
philodendron subincisum planter and placed his face at the side window so that
he can see inside the home. This is a
criminal activity prohibited under 2C:18-3. Unlicensed entry of structures;
defiant trespasser; peering into dwelling places. It is also an illegal search prohibited by
the Fourth Amendment to the U.S. Constitution and N.J. Const. (1947), Art. I,
Par. 7. Mango then went behind the yew
and rhododendron bushes where he claimed that he fell and injured his
shoulder. These facts prove beyond any
doubt that Mango was illegally peering and searching inside a dwelling without
having a Warrant for Removal (see N.J.S.A.
2A:39-1 Unlawful entry prohibited). Lying Lucas then later claimed that he was
just coming up the steps and he was assaulted.
Lying Lucas also claimed that a Pelican scientific case used by vendors
of Dr. Stephanatos’ business was a bomb; when no bomb was found he claimed that
he thought it was a “metal ammunition box”, a fraudulent assertion that has
been refuted before Judge Filko by Prosecutor Peter Roby. Lying Lucas also claimed that he saw a
“shotgun”. This is what was reported to
the other officers and to the media. The
media published and televised reports show that Lying Lucas claimed that there
was a “shotgun”. No “shotgun” was ever
found (because it only exists in the imagination of Lying Lucas). Lying Lucas then changed his story and after
he had a chance to see the defendant’s lawful guns, he claimed that he saw a
rifle, instead.
I also bring to the
Court’s attention of NJ Rev Stat § 2C:33-11.1 (2013) - Certain actions relevant
to evictions, disorderly persons offense that deal specifically with
residential real properties. That
statute also states that a Warrant is required for residential properties. The sheriff committed a criminal offense in
violation of that statute by entering Defendant’s property without a warrant
for removal and removing him from his residential premises.
A person commits a disorderly
persons offense if, after being warned by a law enforcement or other public
official of the illegality of that action, the person (1) takes possession of
residential real property or effectuates a forcible entry or detainer of
residential real property without lawful execution of a warrant for possession
in accordance with the provisions of section 2 of P.L.1974, c.47
(C.2A:42-10.16) or without the consent of the occupant solely in possession of
the residential real property. NJ Rev
Stat § 2C:33-11.1
Lucas Lie #3
In addition, I have irrefutable
evidence (email and phone logs) showing that I was either on the computer doing
business work or calling the state officials right at the time that these
sheriff’s deputies claim that they saw me through an open front door. For example, Lucas testified that he arrived
at the property at 8:50 am. There is an
electronic record provided in the Appendix to Motion to Change Venue that shows
that Dr. Stephanatos sent an e-mail to one of his clients at 8:50 am. This
irrefutable evidence proves beyond any doubt, that Dr. Stephanatos was
at his office computer at the back of the house (about 50-feet away from the
front door) doing his normal daily business.
Thus Dr. Stephanatos has an irrefutable alibi to refute the false
statements of these two corrupt individuals who claim that at around 8:50 to
8:55 am they saw him pointing a gun at them as they were walking up the front
porch steps.
Another reason that the front doors
were both closed is the following: I have
window-mounted air conditioning units. I
would take the air conditioning units off the window around mid-September and I
would install them around Memorial Day (end of May). When I install the
air conditioning units, then I keep all the doors and the windows closed, so
that I do not lose cooling energy. My
home was located in a heavily wooded area of Wayne, NJ and it is very humid
during the summer; it is imperative that
the doors and windows stay closed!
Yet another reason I always keep the
doors closed is that my home office is located at the back of the dwelling and
I cannot hear very well what is happening at the front of the home. Since the home is located in a rather
isolated, wooded area of Wayne, it has been burglarized before (I believe circa
1996). The burglary was the reason that
I decided to legally purchase guns for self-protection and protection of my
business, as packages had been stolen from the front steps. Thus, the lack of hearing and the fear of
burglary and stolen packages or instruments, had made me keep the doors locked
at all times- all doors, in fact: back doors, front doors, and garage
doors. Besides, I very rarely used the
front doors, as the garage entrance is located closer to the back door entrance. So, I almost never used the front doors. That is another reason that Lucas and
D’Agostino committed perjury when they said that I left the front door
open. The computer electronic record was
in the possession of the State before the grand jury proceedings; however, the
corrupt prosecutor Walter Dewey refused to give it to the jury and of course
refused to allow me to testify to explain my whereabouts.
Lucas Lie #4
Dr. Stephanatos also requests this
Court to take judicial notice of the fact that a box taken by the Passaic County
employees from Dr. Stephanatos’ residence was a business instrument (a
so-called Pelican case used for transporting sensitive business equipment) and
not a “metal ammunition box” as the Passaic County employees have been
misleading the grand jury and the courts and the public, damaging Dr.
Stephanatos reputation. It is obvious
that these two crooked individuals wanted to give the false impression to the
grand jurors that Dr. Stephanatos had pre-planned an assault and he had
stockpiled ammunition in a metal box and that he left this metal ammunition box
in his front steps! This was highly
prejudicial fabrication by the corrupt Passaic County prosecutors and
Lucas/D’Agostino. Of course, who would
place a metal ammunition box at his front steps, leave the front door open for
the sheriff to come inside his home to illegally remove him, and then go back
50 feet away from the door to his back office and start writing emails and
doing business for his clients? Nobody;
certainly not Dr. Stephanatos who is a highly educated individual who holds
BS/MS/PhD Degrees in engineering and a J.D. Degree as well and has served as
expert engineer for many years. These
are all lies and fabrications of Lucas and D’Agostino and the Passaic County
corrupt prosecutors.
Of course we now know that these were
fraudulent and perjured statements by Lucas and D’Agostino. The State has admitted before Judge Filko,
that the alleged “metal ammunition box” was a rental instrument contained inside
a plastic protective case (called Pelican case) to be picked up by a vendor of
Dr. Stephanatos’ business, Pine Environmental, Inc. the morning of June 28,
2011. The Passaic County prosecutor,
Peter Roby, has already admitted in open court before Judge Filko that it was a
rental instrument for Dr. Stephanatos’ business- however, the prosecutor during
the grand jury proceedings said to the grand jurors that the two lying and
corrupt Sheriff Officers (Lucas and D’Agostino) thought that the business
instrument was “a metal ammunition box”, giving the impression to the grand
jurors that I was prepared for a battle and I had a metal ammunition box at my
front porch. (Of course these are insane
assertions by these two crooked deputies, as this was a plastic box and not a
metal box and only an insane moron or a crooked “officer of the law” would
mistake it for a metal ammunition box -
please see the sample images below to see the significant differences between
an ammunition box and a Pelican case).
In fact, in November 2011, when Dr. Stephanatos was allowed to get back
his seized business computers, he was told by the sheriff employee doing the
paperwork that the sheriff did not know what the Pelican case was. Imagine, if these two crooks lied about the
Pelican case, what else have they lied about? – Well, they pretty much lied
just about everything. We demand a full
investigation into their corrupt and perjured testimony, as these two liars
have caused the events of June 28, 2011 through their incompetence and lying
and fabrications and perjured testimonies and false reports.
Typical
metal and plastic ammunition boxes. Note
the significant difference between these boxes and the Pelican case shown
below.
This
image shows a typical Pelican case used to ship scientific instruments similar
to the one seized from Dr. Stephanatos’ front porch. The State has already admitted on the record
in open court before Judge Filko that the Pelican case had been placed at the
porch to be picked up by the vendor, Pines Environmental, Inc. on the morning
of June 28, 2011. The State lied to the
grand jurors and told them that they believed it was a bomb or IED or a metal
ammunition box and that is one of the reasons they believed they were facing a
dangerous person in Dr. Stephanatos.
What a bunch of liars and losers.
Of course later, in November 2011
before Judge Filko, Mr. Peter Roby, a Passaic County prosecutor, admitted that
the business instrument was not an ammunition box and he did confirm that he
talked to Pine Environmental, Inc and did confirm to him that their employee
(the Pine Environmental driver) was due to come and pick up the instrument that
morning from Dr. Stephanatos’ front porch (this is where I would typically
place the various rental instruments for pickup and delivery). Again, none of these facts made it to the
grand jury, in a clear attempt by Peter Roby and his associates (such as Water
Dewey who made the presentation to the grand jury) to mislead and lie to the
grand jury so that the jurors believe that somehow Dr. Stephanatos left an
illegal or dangerous device at his front porch.
What a bunch of liars these prosecutors and sheriff deputies are. The indictment must be dismissed with
prejudice, based on these lies and fabrications and omissions of crucial facts
by the State and Passaic County employees so that they mislead and prejudice
the grand jury against Dr. Stephanatos.
In fact Dr. Stephanatos’ lawyer, Mr. Carl Herman, had met and also sent a
confirmatory letter to the Passaic County prosecutors (see Exhibit B in the
2015 Motions to Dismiss, for a copy of the letter send to the State) to allow
me to testify during the proceedings regarding the events of June 28,
2011. However, the Passaic County
prosecutors refused to inform the grand jurors that Dr. Stephanatos wanted
testify and present clearly exculpatory evidence for elements of all the
charges. Thus the State fed the grand
jury with lies and fabrications and half “truths”, against the grand jury law
of New Jersey. Essentially the State
impermissibly and prejudicially interfered with the grand jury’s investigative
function.
Lucas Lie #5
Lucas and D’Agostino also claimed that
they did not ring the door bell and that instead, they saw a man waiting for
them with a gun. This is also a
fabrication, a lie, as Lucas rang the doorbell at about 8:52 am (or between
8:50 am and 8:55 am). In fact, in the
Search Warrant prepared by Detective Scala, he writes that “CPL. Lucas relates that upon knocking on the
front entrance door of the residence”.
So, there you have it: Lucas
included statements in a sworn affidavit that he actually knocked the front
entrance door.
The sheriff investigation reports show
that other sheriff employees wrote that “somebody answered the door”. These statements corroborate Dr. Stephanatos’
recollection that Mango (D’Agostino) rang the doorbell. When Dr. Stephanatos did not answer the door
(I would never answer the door, and certainly I would not answer it that day),
he bypassed the two big planters and went towards the edge of the porch and
started peering inside the home, as the sun glare makes it impossible to see
inside the home during the morning hours (it is a north/northeast facing home). That way he performed an illegal search in
violation of the Fourth Amendment to the U.S. Constitution and N.J. Const.
(1947), Art. I, Par. 7.
I must add that even the statement
that “Lucas knocked the front door” is false, for the main reason that you
cannot knock the front door because there is a glass storm door in front of the
front wooden door.
Lucas Lie #6
After
peering inside the dwelling, Lucas (Mango) then jumped off or fell off the edge
of the porch, proving that he was located at the side window peering inside. He
does admit in his Investigation Report that he “jumped off the
porch”. He could not simply follow the
steps of the porch the same way D’Agostino did, because the planters blocked
his exit from his location at the edge of the porch. The only way he could go was behind the
bushes. This is crucial evidence, adding
credibility to my scenario and proving yet again that Lucas lied to the grand jurors.
View of the rhododendron bushes
located before Dr. Stephanatos’ dwelling.
Photo taken four weeks prior to the tragic incidents of June 28,
2011. Note the philodendron subincisum
planter at the front of the porch area (middle left in the above image). At about 8:55 AM on June 28, 2011, after
nobody showed up at the front door, Lucas went behind the philodendron
subincisum planter and placed his face at the side window of the front door so
that he can see inside the home. This is
a criminal activity prohibited under 2C:18-3.
Unlicensed entry of structures; defiant trespasser; peering into dwelling
places and an illegal search in violation of the Fourth Amendment to the U.S.
Constitution and N.J. Const. (1947), Art. I, Par. 7
I also bring to the
Court’s attention of NJ Rev Stat § 2C:33-11.1 (2013) - Certain actions relevant
to evictions, disorderly persons offense that deal specifically with
residential real properties. That
statute also states that a Warrant is required for residential properties. The sheriff committed a criminal offense in
violation of that statute by entering Defendant’s property without a warrant
for removal and removing him from his residential premises.
A person commits a
disorderly persons offense if, after being warned by a law enforcement or other
public official of the illegality of that action, the person (1) takes
possession of residential real property or effectuates a forcible entry or
detainer of residential real property without lawful execution of a warrant for
possession in accordance with the provisions of section 2 of P.L.1974, c.47
(C.2A:42-10.16) or without the consent of the occupant solely in possession of
the residential real property. NJ Rev
Stat § 2C:33-11.1
Furthermore, it is not possible that
these two individuals did not say anything to me, without announcing that they
were sheriff officers or law enforcement officers and without me saying
anything to them (as they have testified);
they were both armed with MI-16 assault rifles and prejudiced against me
(based on the testimony by Lucas and the reports by Mango and Ernst) and it
makes no sense that they simply walked away;
the only way this could have happened is if the doors were both locked
(i.e., both the storm and the main wooden door) and they could not have any
contact or communication with me at that time.
These are the same type of people who shoot to kill citizens in their
backs and then plant evidence and even shoot and kill kids who hold plastic
guns. And they claim they simply walked
away? Hard to believe. Because it is a total and complete
fabrication.
Please note that Lucas and D’Agostino
are partners. They testified that they both walk towards the front steps
at the same time. Thus, it makes not much sense that Lucas would go
behind my front bushes (the yews and the rhododendrons), while D’Agostino would
go towards his sheriff car. This scenario is only likely if Lucas/Mago
was located in front of the side door window and at the very edge of it (this
is where I saw him standing, having his face on the glass window and illegally
peering inside the home). There was no
reason for him to do so, if he was just delivering papers, as he testified. He could have left the papers in the mailbox
or left them at the door step.
Furthermore, Lucas and D’Agostino
testified/wrote that they split in two different directions. Lucas/Mango
went towards the “woods” (he meant(?) the bushes located before Dr.
Stephanatos’ residence), while D’Agostino went towards the sheriff cars parked
at the top of the driveway. This can only happen if Mango was standing at
the edge of the porch at the side door window and from there he went behind the
bushes (the “woods”) located in the front of the home. That was the only
route he had available, because the two planters were in his way and he could
not go back towards the door easily. This proves my allegation that Mango
was standing at the very edge of the porch and by the side door window, peering
inside the home. D’Agostino was standing
in the walkway, and from there he walked towards the sheriff cars at the top of
the driveway.
If both of them were standing in front
of the door, there is no reason for them to take different routes. All these facts provide irrefutable proof
that these two crooked “officers of the law” have committed perjury.
MORE PROOFS OF PERJURY BY LUCAS AND
D’AGOSTINO
In paragraph
2 of section 4 of the Warrant Affidavit, Lucas “relates” to Detective Scala “that
upon knocking on the front entrance door of the residence”. See excerpt from the warrant affidavit,
Defense Exhibit D-11. This statement to
Detective Scala fully corroborates Dr. Stephanatos’ statements that his front
door was closed – very closed – with a lock and deadbolt closed.
However, in
his June 28, 2011 report prepared by Cpl. Lucas, he writes the following: “As we proceeded toward the front door I
ascented[sic] the steps and noticed the front wood door was open and a glass
storm door made the interior of the house visible to me”. “At
that moment a man came from the hallway with a long object in his left hand”.
The
statement by Lucas to Detective Scala is diametrically different than the
statements given by Lucas and D’Agostino at the grand jury proceedings and also
wrote in their reports: that they did not knock the door and they were
assaulted as they were coming up the front porch steps and they were able to
see everything so nicely and so clearly because the front door was magically
open (that stupid Dr. Stephanatos, he should have left his door closed!
(sarcasm here)).
This is the front door of Dr. Stephanatos’ home. All the planters to the right and drapes have
been removed, including the pet playing tower placed inside door and facing the
side storm window. Note the significant
sun glare, as this is a North/Northeast facing door. Nobody can see inside the house due to the
glare. This is an extremely important
fact.
So, based
on these diametrically different statements by Lucas, the prosecutor knew or
should have known that Lucas lied. At
the point at which the prosecutor learned of the perjury before and during the
grand jury, the prosecutor was under a duty to notify the court and the grand
jury, to correct the cancer of justice that had become apparent to him. But he did not. Welcome to Passaic County!
Furthermore,
in his grand jury testimony, Officer Lucas identified the “Ruger M77 Mark II,
270 caliber Winchester single bullet hunting rifle” as being the weapon that
the defendant pointed at him. (GJT27-8 to 13; Da15, Motion to Change Venue). It is critical to note that the hunting rifle
is a BROWN
COLOR GUN.
However, in section 2 of paragraph 4 of the Warrant Affidavit, Lucas
“relates” to Detective Scala that he saw a “BLACK COLORED RIFLE”. Therefore, the
affidavit paragraph 4, section 2 included a material false statement that was
included with reckless disregard for the truth.
So, again the prosecutor knew or should have known that Lucas lied
before the grand jury when he selected a different color gun than the one he
related to Detective Scala.
I
respectfully submit to this Court that the statements made by Lucas in the
early moments of the June 28, 2011 events are closer to the truth (but not
quite the truth), than his fabrications that are start pouring in later in the
day and afterwards. For example, Lt.
Nick Mango wrote in his report that “nobody
was hurt”. Also, Lucas never wrote
in his report that he was injured. He
specifically wrote: “As I entered the woods I stumbled”.
However, during this grand jury testimony, he provided a diametrically
different picture:
Lucas claimed that he fell on his elbow
and shoulder, but was able to regain his balance, and he ran into a wooded area
to seek cover behind a large boulder. (GJT11-18 to 21; Da7, Motion to Change
Venue). Lucas claimed that he tore his
biceps and had surgery on his shoulder, and “ended up having a pretty severe
injury” in his shoulder, requiring “five pins.” (GJT12-7 to 9; Da8, Motion to
Change Venue). Of course we now know
that this guy was a football player and body builder and suffered these
injuries over his many years of lifting heavy weights and hitting his opponents
with his shoulder (he was a linebacker with the Pompton Lakes Cardinals). He then went on the defraud the New Jersey
Police and Firemen Retirement Fund by claiming on the job disability. What a crook!
AND NOW THE BOMBSHELL OF THE CENTURY
Lucas Lie #8
All the above lies and fabrications
and inconsistencies make one wonder: how
is it possible these sheriff employees made so many mistakes in recollection of
the evidence? Well, the answer to this
question is that Ron Lucas was not the person peering through the side window
of Dr. Stephanatos. It was another young
sheriff employee, Nick Mango. Proof of
that it was Nick Mango illegally peering through the side window is found in
the signed statement by Ronald Lucas that it was Nick Mango who was at the
front door. Lucas however, cannot get
his story straight and has made so many errors and there are numerous
inconsistencies in his story and between what he wrote in his report and said
during the grand jury and between what D’Agostino wrote and said.
Defendant Basilis N. Stephanatos has in his possession a letter signed by former Cpl. Ronald Lucas (#964)
where he states that it was Lt. Nick Mango who was at the front door. He specifically stated the following “Lt
mango stated owner came to door…”. See
Defense Exhibit D-1, filed with this Court in March 2018.
This letter proves beyond ANY DOUBT
that Lucas lied when he stated that he was assaulted in the porch of
Defendant’s former residence and place of business on June 28, 2011. The perjury charges are fully corroborated by
the lies Lucas stated regarding his old football shoulder injury; and by the
numerous inconsistent statements (both verbal and written) made by him and
D’Agostino. See also the handwritten
letter from the Defendant (while in Bergen County Jail) to Judge Ernest
Caposela and to the Governor, dated April 2016 where he describes a young,
tall, dark head hair, no facial hair, with intense “police” eyes person
illegally peering through his side door window.
That dark-hair individual will
be proven to be Nick Mango. By contrast,
Lucas is completely bald, has lots of facial hair (a beard) and he is shorter
than Mango. Dr. Stephanatos does not
remember any sheriff employee resembling Ronald A. Lucas.
However, should the above evidence is not sufficient to
immediately dismiss all charges against the Defendant, Dr. Stephanatos is
asking that Judge Guida orders an urgent hearing to cross-examine the four (4)
officers involved: Ronald A. Lucas, Victor D’Agostino, Nick Mango and
Capt. Fred Ernst. This hearing can happen on May 21, 2018.
The
lying corrupt thug, Ronad A. Lucas.
Lucas Filed False Charges
I am attaching the original charge
filed by Lucas on 6/28/2011 under Section NJS 2C:17-2C. As you can see, he wrote the reason for the
charge is “PLACING SLIVER[sic] METAL CONTAINER ON HIS FRONT STEPS CAUSING THE
EVACUATION OF NEIGHBORS”. As you know by
now, this was a BLACK PLASTIC SAFETY CONTAINER FOR MY BUSINESS INSTRUMENT
placed there to be picked up by the vendor, Pines Environmental. In fact, Metropolitan Environmental Services
had correspondence with the Passaic County Sheriff’s office indicating that
they are a tenant; the Sheriff’s office
responded and stated that they not removal tenants. So, the sheriffs knew that there was business
on the premises; these are fraudulent
charges that make the Passaic County prosecutors look very stupid and/or
malicious.
Note that Lucas writes: “SLIVER [sic]”
(he meant silver). However, this was a
black plastic instrument case. This is another clue telling me that Lucas
was not there to eye-witness the instrument.
So, this is another proof that Lucas falsified his police reports and
wrote falsehoods in his official papers.
THIS IS VERY SERIOUS
ALLEGATION AND THIS COURT MUST PERFORM AN URGENT FACTUAL INVESTIGATION (AN
EVIDENTIARY HEARING AS WAS REQUESTED UNDER MOTION #30).
LUCAS LIED
DURING HIS GRAND JURY TESTIMONY WHEN HE CLAIMED THAT HE INJURED HIS LEFT
SHOULDER DURING A FALL AT MY PROPERTY ON JUNE 28, 2011
Lying Lucas is #41
As part of an investigation we have been performing, we
discovered that Ronald A. Lucas, a former Passaic County sheriff officer with
the Civil Division lied about his on-the-job shoulder injury. Lucas claimed that he fell on the job on June
28, 2011 at 687 Indian Road, Wayne, NJ and that he injured his left shoulder
requiring several pins. He then filed a
disability claim with the New Jersey Division of Pensions and Benefits (Police
and Firemen Retirement System). He was
granted disability for one year with subsequent review. After he retired with claimed disability, he
obtained a job as part-time security guard at the Pequannock High School.
Bombshell evidence
contradicting Lying Lucas’ injury claims: We have obtained
a report by Lt. Nick Mango who stated that nobody was injured at the
scene. The report by Lucas also states
that he stumbled and not fell.
We discovered that Mr. Lucas suffered shoulder injuries
while playing football and lifting heavy weights over his lifetime. He was a linebacker with the Pompton Lakes
Cardinals (he played at position #41), using his shoulder to hit and tackle his
opponents during practice and during football games. He also lifted very heavy weights to do body
building. Lucas has fallen on his
shoulder probably thousand times during his athletic and training career.
Everybody knows that linebackers hit and tackle their
opponents using their shoulders. These
athletes also lift heavy weights and they end-up injuries their shoulders. He (Lucas) even made the All County Team in
1980, showing how hard he was working out.
Based on our investigation, we found that weight lifting athletes do
suffer shoulder injuries of the type claimed by Lucas.
He also trained his two sons (Dean Lucas and Ronnie
Lucas) into playing TE and DE positions also with the Cardinals football
team. In fact, linebackers suffer at
least 13.5 percent of all football injuries and at least 65 percent of the
linebackers end up undergoing surgery.
We have obtained photos showing Mr. Lucas lifting
weights, after his alleged job-ending disability. See for example the attached image that is
dated December 2013.
It is obvious to a reasonable and objective person that
Lucas (in his mid-50s) took this incident on June 28, 2011 to claim on-the
job-injury to be able to repair his previously injured shoulder at taxpayers’
expense and to retire and then blame Basilis Stephanatos for his injuries. After he retired, he started the double
dipping. The finest of New Jersey at
"work".
The Eight Shades of Lucas
These corrupt liars cannot get their
story straight – can this Court imagine what will happen when we cross-examine
them? According to the old maxim, “False
in one – false in all”, we respectfully submit that Ronald Lucas and Victor
D’Agostino cannot be trusted, they lied and fabricated their stories to serve
the people who hired them, i.e., the conspirators Robert Del Vecchio, American
Tax Funding, et al. If they lied in one
or several parts of their story, then the entire deposition must be
dismissed. Besides, I do not believe
that the prosecutor will bring these two liars to testify and risk being
convicted of perjury. Right now, they
are safe, as the statute of limitations for perjury has run, since they made
these sworn fabrications before the grand jury in September 2011.
It is important to note that Lucas has
changed his story a number of times: at
one time he claims that he was walking the front stairs and he saw a man
standing there and pointing a gun; at another version he claims that he was
standing at the open door and that he then saw a person coming towards him; at
a third time he claims that there was an altercation; at a forth scenario, he
claims that Dr. Stephanatos never said anything to him (i.e., that there was no
altercation); at a fifth scenario, he wrote in his report that he “jumped of
the porch” (meaning that he was already on the porch and not just coming up the
stairs); at a sixth version he claims that he never rang the doorbell; at a
seven scenario, he stated to his colleagues that he rang the doorbell (this is
confirmed by the statement of other officers who wrote that Lucas told them
that Dr. Stephanatos answered the door); at another version, he claims that Dr.
Stephanatos was barricaded, yet he also claimed that Dr. Stephanatos had his
front door wide open; at another version he claims that he saw a “shotgun”
pointed at him (this was also published in the news media and reported in some
sheriff employee reports, but no “shotgun was ever found because it was a
fabrication by Lucas the Lier) but then he changed his story (after he had a
chance to illegally enter my home) and now he claims that he saw a “black colored”
gun and then he changed his story yet again and now claims that he saw a brown
colored single-shot Ruger hunting rifle; in another version he claims that he
saw a bomb or an IED at the porch, only to change his story and claim that he
saw a “metal ammunition box” – the State has already admitted that none of
these fabrications were true and that it was a Pelican case used in Dr.
Stephanatos’ business (Metropolitan Environmental Services) that was about to
be picked up by the owner of the case, Pine Environmental, Inc.. However, the State never made these findings
aware to the grand jury.
All these versions have been presented
by Lucas, without having been cross examined by the defense, without placing a
time table to his story elements and without cross-referencing the story given
by D’Agostino in his testimony and his Investigation Report and corroboration
with the investigation reports of others.
THE
LIES, FABRICATIONS AND INTENTIONAL OMISSIONS OF WALTER DEWEY
The
prosecutor, Walter Dewey, also mislead the jurors and fabricated “facts” by
eliciting false testimony from Officer D’Agostino regarding the pointing of a
gun out of a “window”. The officers had
indicated that they saw me standing behind a glass storm door and that I never
opened the door. No “window” was ever
mentioned by the two individuals, as no window exists in the front porch of the
dwelling. See attached image of the
front door of the dwelling, showing that no window is present.
(I denied
that I was standing behind the storm door:
I have stated many times that I was in my office doing my business, I
have the computer records to prove it, those records were submitted to the
prosecutors, and I kept the doors of the home locked with a deadbolt).
But the
prosecutor asked D’Agostino if I was pointing a gun “out the window”. Then D’Agostino said “yes”. See Grand Jury Transcripts, Motion to Change
Venue.
This is the front door of Dr. Stephanatos’ home. All the planters to the right and drapes have
been removed, including the pet playing tower placed inside door and facing the
side storm window. The Court should also
note the sun glare, making impossible to see inside the home. The door faces the north-northeast.
This
Court should note that there is no opening window in the front porch- that was
another misleading and prejudicial question by the corrupt Passaic County
prosecutor. The prosecutors obviously
wanted to mislead and lie to the grand jury by stating that the defendant was
pointing a weapon outside a window, something that the two sheriff employees
never wrote in their reports, as no window was involved. In fact, Lucas never testified or wrote that
the defendant was pointing a weapon outside a window. The corrupt prosecutor Walter Dewey elicited
this statement from D’Agostino only.
Certainly this is a fraudulent and misleading question/statement that
will most certainly damage the State’s “case” (the State never had any case,
they just made this up as they were going along; we now know that no “shotgun” was ever found,
and no “metal ammunition box was ever found”, and no “bomb” was ever
found. So these corrupt liars made up a
story to tell the grand jury and the public to justify their wrongful actions.)
As the
defendant has stated before, both the wooden door and the storm door were
closed; the defendant locked the main door with a deadbolt, as always does,
because he lived in a remote and wooded area of Wayne and he was always afraid
for his security. Since he has a legal background
(he was studying for the final exams of the final year of law school during
that week), he knew that if he left the door open (or any window), then he
would have been consenting to an entry inside the home by the Passaic County
employees. There is no way on earth that
he would have left the door open and the computer records show that he was in
his office doing his business and sending emails- none of that information was
allowed by the corrupt prosecutors to be submitted to the grand jury.
Here is
another example of the fraudulent tactics of the Passaic County prosecutor to
lie and mislead the grand jury:
Count 4 charges that the defendant
“did recklessly create a risk of widespread injury or damage by purposely or
knowingly barricading himself into 687 Indian Road . . . while armed with a
deadly weapon, contrary to the provisions of N.J.S. 2C:17-2c.” (Da4; emphasis
supplied).
N.J.S.A. 2C:17-2c provides, in
pertinent part:
A person who recklessly creates a risk
of widespread injury or damage commits a crime of the fourth degree, even if no
such injury or damage occurs.
N.J.S.A. 2C:17-2e provides: “For purposes
of this section, widespread injury or damage means serious bodily injury to
five or more people or damage to five or more habitations or to a building
which would normally have contained 25 or more persons at the time of the
offense.”
It is important to note here that the
defendant’s home is in an isolated area of Wayne, New Jersey (see aerial map of
the property, dated October 2015, showing a heavily wooded area with less than
two nearby homes within a 100 feet distance.
This home is post-seizure and the new occupant did a significant amount
of wood clearing, all around the property).
There are no homes neighboring to the
north. There is only one home
neighboring to the east (about 50 feet away) where there was only one woman
present and another to the west (about 100 feet away) where the owners were at
work. Thus, this charge is also
fraudulent, as less than five people and less than five habitations were within
100 feet from defendant’s home. Another
example of the prosecutorial misconduct faced by the defendant.
This
obviously corrupt prosecutor also refused to allow Dr. Stephanatos to testify
to the grand jury to present facts about the property. He refused to do so and presented numerous
lies and fabrications and perjured testimony, refused to provide the defense of
the dwelling (the Castle Doctrine) statutory defense, the defense of his
business (Metropolitan Environmental Services) that was a legal tenant of the
premises, and other clearly exculpatory evidence.