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George Rahsaan Brooks, AP4884 ~1 Kelley Drive ~ SCI-Coal Township, PA 17866-1021

Website:  iippi.org/George rahsaan-brooks

Will there be no justice for me? I was constrained to file legal action against Allegheny County District Attorney Stephen A. Zappala because he refused to turn over evidence to the Pennsylvania Innocence Project that would have negated guilt in my case; evidence that was mitigating and evidence that was exculpatory. The case is George Rahsaan Brooks v. Office of District Attorney and District Attorney Stephen A. Zappala, No. 1569 WDA 2016. The attorney and legal investigator he refuses to turn the evidence over to is, Theodore C. Tanski and the investigator is Nick Kato. They can be contacted at: 1515 Market Street, Suite 300, Philadelphia, PA 19102, phone number (215) 204 – 4255.

This is not simply a case of several bad people employed by a county and state. This is a case where the District Attorney’s Office conspired with the Allegheny County Coroner’s Office and multiple city detectives to falsely arrest an innocent man, where city detectives were encouraged to commit perjury, where the coroner’s pathologist was instructed to give false cause of death testimony and not provide me with a copy of the autopsy report to prevent me from exposing his perjury and proving my innocence. This is also a case where both the district attorney and coroner knew that the coroner could not conduct a criminal investigation in a homicide case, act as an issuing authority; act as though he possessed arrest powers by approving a probable cause affidavit and issuing an arrest warrant; issue and enforce a subpoena; then conduct a preliminary hearing, knowing he was neither detached nor impartial; then make legal rulings and hold me over for court.

When District Attorney Stephen A. Zappala decided to run for the Office of State Attorney General, he used his political power and connections to have my case removed from the Superior Court in Allegheny County to the Commonwealth Court, in Dauphin County, hundreds of miles away. Even though I had been given a briefing schedule by the Superior Court and filed legal briefs, the briefing schedule was suspended and I was informed by Court Order that the Commonwealth Court would issue a new briefing schedule.

This is willful interference, plain and simple, to prevent me from prosecuting my legitimate claims against District Attorney Stephen A. Zappala. This is simply a political move to prohibit me from exposing him as being a part and parcel of a conspiracy by his office that started in 1975 and which has been continued by him since inception as the District Attorney of Allegheny County. He has willfully carried out a series of actions that started in 1975 to continue to penalize and punish me for refusing to become a rat for city detectives and the District Attorney in their criminal investigation of Dale “Freddy” Harris and for mailing Roaches to U.S. District Maurice Cohill because he was moving too slow to correct filthy and unsanitary conditions pointed out to him in a class action law suit that I was the class representative of.

After obtaining a copy of my criminal record from the Pennsylvania State Police in November of 2015, I was both shocked and appalled to learn that detectives Robert McKay and Frank Amity, with the aid of the District Attorney’s Office to go before a different Grand Jury and change their testimony of the date I was officially arrested then not provide me with a copy of that indictment to keep me from knowing of their devious and unlawful conduct. Learning of this compelled me to file legal action against the Pennsylvania State Police for being the keeper of an invalid criminal court record. The case is George Rahsaan Brooks v. the Pennsylvania State Police, No. CHR00-31.

State Attorney General Kathleen Kane appointed Lawrence Churba as Administrative Law Judge and a video conference hearing was held on August 20, 2015. Give months passed since that hearing and I have yet to receive a court order or copy of the court transcript even though I presented the court with clear and convincing evidence of police/district attorney conspiracy to frame and convict an innocent man. Being that the Administrative State Law Judge is willingly subjecting me to an inordinate delay, I filed a Mandamus in the State Supreme Court on January 10, 2016, asking that court to compel the Administrative Law Judge to do his official legal duty. To willfully not issue a timely court opinion amounts to malicious use of legal process because the legal process is being used against a litigant to accomplish a purpose for which the judicial process was not designed—to wit, protect those who circumvented and violated the law and the constitution.

Judges and District Attorneys are mandated to adhere to statutory law and the constitution. They have no authority, legal or otherwise to violate the constitution. When a State Employee denies a citizen a right guaranteed him, then Mandamus is the appropriate remedy to compel the state or federal employee to do his duty or obligation. Of course, transferring my case to the Commonwealth Court in my case against the District Attorney and not issuing an opinion in my case against the State Police is carried out for one purpose and one purpose only! For the media and the public will be kept in the dark about the Allegheny County District Attorney’s Office and District Attorney Stephen A. Zappala’s blatant violations of my constitutional and human rights while he is seeking the office of State Attorney General.

It would not be in his best interest if the public knew District Attorney Zappala possessed evidence he knows will prove his predecessors conspired and framed me; evidence that will prove my innocence is being withheld by him and that he is refusing to turn it over to lawyers who work for the Pennsylvania Innocence Project; that he is fighting the Innocence Project every step of the way because he knows that to turn over evidence will not only prove my innocence but will also embarrass the District Attorney’s Office and possibly also require that others who were wrongfully convicted receive new trials or be summarily released from unlawful confinement.

District Attorney Zappala cannot afford to allow the public to know what was done to me; not if he desires to be the next Pennsylvania State Attorney General. So, with the aid and assistance of his powerful friends, he had my case transferred out of Allegheny County and they intend to keep it buried in a judicial maze until after the election is over.

With your help, we can stop both him and his powerful friends from continuing to subject me to Jim Crow Justice. I need you, the people, to move my manifest injustice to the Peoples’ Court: the court of Public Opinion. We need to show the people who the real Stephen A. Zappala is so they will not give him more power to subject other people of color to Jim Crow Justice.

You can help me by sending letters to editors to newspapers and to James E. McErlane, the Chairman of the Judicial Misconduct Board at: Pennsylvania Judicial Center – 601 Commonwealth Avenue, Suite 3500, P.O. Box 17106. Inquire as to why my case was transferred from the Pennsylvania Superior Court to the Commonwealth Court after I had already filed legal briefs in the case and why after I had already done so, the briefing schedule was suspended by the Pennsylvania Superior Court, and why no briefing schedule has been reassigned by the Commonwealth Court. I also need for you to encourage everyone to go to my web page so you can clearly see the extent of the travesty and miscarriage of justice and the cruelty that I have been subjected to for over four (4) decades.

In Dred Scott v. Sanford, 60 U.S. (19 How) 393, 15 L.Ed 691, the United States Supreme Court held that descendants of Africa who were imported into this country and sold as slaves, were not included under the word citizens in the Constitution, whether emancipated or not, and remained without rights or privileges that the courts were bound to respect. If you can imagine how Dred Scott must have felt then, you should know how I have been feeling daily for over four decades!