When the Government Becomes the Lawbreaker

by Donnelly LeBlanc

“When the Government Becomes the Lawbreaker…”

Those were the words of U.S. Supreme Court Justice Brandeis many decades ago in reversing a wrongful conviction through the prosecution’s use of every illegal tactic possible. Has it changed? Yes; it has only gotten worse now that the states seem to have an inexhaustible supply of tax dollars and funding through the federal government to build and maintain prisons.

Pennsylvania is among the leading states noted for wrongful convictions in the U.S. It is not only through trials and other tactics, but more commonly through back room deals with local defense attorneys to induce guilty pleas where the defendant legally is no more than a suspect because there is no evidence or the evidence is overstated or illegally obtained.

Personally, I know from experience exactly what Justice Brandeis was saying. I will more likely than not die in prison as an actually innocent person because the prosecutor and my former attorney, who is now a judge in Lancaster County, refuse to admit to their wrongs. Even after being fortunate enough to acquire parts of the prosecution’s file, including their e-mails, proving their illegal conduct, making copies and placing this evidence right under their proverbial noses. I’ve taken my case all the way to the U.S. District Court and the county prosecutor continues to provide false information and hide the same documents that are now supposed to be public record.

This case should never even had gone past the first level of appeals. Pursuant to the law, under the American Bar Association Rule 3.8 it was the prosecutor’s legal obligation and duty when faced with this evidence to “investigate” and “seek remedy of wrongful conviction.” Instead, they sought the assistance of my appointed attorneys, Vincent Quinn and Russell Pugh, to abandon claims of criminal conduct and cause my case to be lost.

This started early on with Judge Merrill Spahn, Jr., who was my defense attorney. When I started hounding him to acquire evidence that I was not living at home and that my accuser was lying, on February 3, 2009, he emails A.D.A. Mansfield and tells her; “For what it’s worth, I have a bunch of other cases on the trial list. Your office might be able to keep me tied up on other matters.” (Per exhibit F).

The charges I was convicted of are really ugly, but not only did they have evidence that my teen stepson had a habit of making false reports, A.D.A. Mansfield was provided copies of letters from my wife stating how his “lying is worse than ever” and how “it’s so peaceful” and “she hasn’t cried or missed him yet”, detailing how horrible he started treading her once he got rid of me.

The prosecuting A.D.A. Randall Miller interviewed my wife and her son on April 29, 2009. He hid the interview notes that prove he knew Kyle Martin was lying, had again made drastic alterations and embellishments to his story for the fifth time. He then put his known lying accuser on the witness stand July 14, 2009, and coached him to lie to the jury in what would be his sixth version of the story. When Kyle could not provide an answer for when this supposedly took place or what he saw on the computer and valid reasons for not keeping his story straight, A.D.A. Miller fed him the answers illegally twenty-one times by using leading questions in the form of statements made questions.

The Ninth Circuit U.S. Court in reversing a wrongful conviction stated: “there is an epidemic of Brady violations [prosecutorial misconduct] abroad in the land.” U.S. v. Olsen, 737 F. 3d 625, 626 (2013). Brady is one of the landmark U.S. Supreme Court cases involving a prosecutor deliberately withholding evidence affecting a case. Yet, oftentimes, as in this case, it starts with the police.

The investigator, Detective George C. Pappas, graduated from the State Police Academy, 217th F.B.I. Academy, and has a Bachelor’s Degree in Criminal Justice. Why was he thrown off the drug task force for Lebanon City P.D., forced to retire, then subsequently sued by Lebanon City. He was later Chief of Police in Oxford and Mifflin Regional and thrown out of there? What happened when I tried to get his records through PA Right to Know? The D.A.’s office lied to the Appeals Board stating this case was still under investigation.

It’s important when knowing that Pappas interviewed myself, my wife three times, and took a statement from Kyle and has never turned over this Brady evidence. You’ll understand why when you look at the evidence the prosecutor had hidden from the Youth Services Records.

These Youth Services Records show that on the very first day of Pappas’ investigation, June 9, 2008, he heard Kyle change his story so drastically from the “shower” and only be “asked” to the “office, being shown pornography” and “it actually did happen.” On June 16, 2008, again, during a forensic interview with Children’s Alliance, Pappas sat and listened to Kyle drastically alter and embellish his story again.

The end result, Pappas buried it all and swore in paragraph B of his warrant for my arrest that Kyle Martin was “consistent and credible.”

A.D.A. Miller couldn’t stop there. On July 10, 2009, just two days before trial he sat with my wife, Darla Leid Le Blanc, Det.  Pappas, and his supposed computer expert Det. Peter Savage. She admitted to them that she and a subsequent “boyfriend” had been downloading the pornography they found on the computer. There were 2 videos she claimed now to recognize. The evidence shows now that on that same day Savage and Miller falsified their report on these videos, then Miller told the jury in his opening statement his “expert” would testify that these videos were the one’s shown to Kyle Martin and were “attributable to Mr. Le Blanc.”

Miller’s hidden notes of that interview and the last question answered by Savage, as well as his previous report, July 16, 2008, prove this was nothing but perjury and that Kyle was committing perjury concerning ever being in the office and shown pornography or anything else in the first place.

Those same A.D.A. standards 3.B clearly state a prosecutor should avoid prosecuting “charges not supported by probable cause>”

The prosecutor even went so far as to use charges from Louisiana and false, inadmissible documents on a case where I was acquitted and the records were purged.

By the time my 50 years are up I will be 96 years old, although under prison conditions it is highly unlikely I live that long. The people of Pennsylvania, at the going rate of $40,000.00 a year, will have spent more than $2 million on my incarceration, not including the costs of prosecution and appeals.

Follow the trail of these crooks and criminals. A quick view on Lexis-Nexus. Munchinski versus Wilson (2012); Jenkins versus Superintendent of Laurel Highlands (2013); Dennis versus Wetzel (2013). The list of wrongful convictions in this state is virtually ----- inexhaustible and growing worse. Dennis spent 16 years on death wrong and Philadelphia was perfectly capable, even fought to see this innocent man die.

How many children could you educated for the 1.75 million dollars left over if I rightfully was released today? How much more money would you save in seeing those same crooks prosecuted and removed from office, not to mention the numerous lives and families you save in making sure they never do it to anyone else?

My own little girl, a beautiful teenager, has a father who is a complete stranger and she struggles virtually alone because I am not there to support her. Tens of thousands needlessly spent on therapy to try and fill the gap where Dad should be.

For those who believe in Christianity, and for those who hold faith in other sacred teachings or whom are agnostic, virtually all have the same teachings… “Whoever closes his ear to the cry of the poor will himself cry out and not be heard.” Dante wrote, “the hottest places in hell are reserved for those who in times of moral crisis maintained their neutrality.”

If we rightfully construe that more likely, than not at least 20% of Pennsylvania’s prison population was put here wrongfully in one form or fashion that would amount to 10,000 men and women, including juveniles, turning your tax dollar meter at $40,000.00 a year. $4 hundred million dollars a year and this doesn’t include all those in county prison, on probation or parole.

In the same analogous case decades ago the U.S. Supreme Court stated that, “…it breeds contempt for the law… to declare that in the administration of criminal law the end justified the means – to declare that the government may commit crimes in order to secure the conviction of a private criminal – would bring terrible retribution.” (J. Brandeis)

Judge Jeffery Wright of Lancaster County and Judge Robert Eby of Lebanon County who both supposedly reviewed this entire case’s records and denied the evidence and relief are equally as guilty. But that itself is not surprising. When you read Wright’s well-couched statement to Kyle that he would hinder “all appeals perfected on this case” and whose sworn duty it was to stop A.D.A. Miller during his trial misconduct. A.D.A. Miller’s notes even show that Judge Wright allowed David Natan, an attorney from Youth Services to “screen” these files and illegally withhold evidence (see sentencing transcript, pg. 65, PCRA Exhibit K).

I more likely than not, because of my poverty, will die as an innocent man half a continent from home – at what cost to you and your children. This is the real costs of prisons and the true price “when the government becomes the lawbreaker”

Donnelly J. Le Blank #JJ9904
1100 Pike Street
Huntington, PA  16654

(See Comm. v. Le Blanc, 36-CR-34BB-20008, Lancaster Co)

(See Le Blanc  v. Trice, No. 16-CV-1044, Eastern District US PA)