Transcript
Gross Miscarriage of Justice Eldorado County Superior Court of California This is the case Sharonoff - thats me against the system in place. I was arrested for murder of a person at the time was known as Otto. I was put in a cop car for 3 hours. I beged officers to allow me to use bathroom to relieve myself. The officers ignord me and I had to defecate in my clothes. I was then taken to a station and tolled for 7 hours how and why I shot aka "Otto" in the head and to confess. at the end of 7 hours Detective H- threatened to kill my gaats if I did not confess to shot aka Otto in the head with cap'n ball revolver handgun I was then taken to jail after confessing & allowed a shower and medication for rash from being so long in soild clothing. During the trial I found out the victim was not shot in the head a foot away as aka "Cody" testified numerously I tryed to petition habeas corpus after recived court record of trial proceedings that court in response to petition for discovery ordered Attorney General to send notice of loged documents April 25 2013 in listed items of loged documents was court recorder transcript of trial proceedings from there in is - turn over Page 2 Page 1 page 2 the recorded testimonies and statements made by Prosecutor that constitute illegal action's by Prosecutor such as his personal knowledge not as witness cause he was not presant during murder or reciting another persons testimony. Prosecutor as quoted "I" want you - the Jury - to understand Sharonoff killed - victim's name - it was his gun other people seen him with. He wanted his crossbow back." The above statement is recorded on page 955 of stenographer CSR 8336 transcribed accounts of Sharonoffs trial case P10 CRF0036 phone (530) 573-3094 for copy's or electronic download is public ifo. The above statement by Prosecutor under Statute 125 unqualified statement is any statement made by a person could not know to be true is equall to knowingly making a false statement. This is a violation of Public Justice. The fact Prosecutor was 'not' witness or reciting another witness testimony is proff of Personal Statement. The evidence in support of charge against Prosecutor and there by basis of Violation or Public Justice see Page 3 Page 3 the testimony of Prosecutor Expert from Dept of Justice tested the riffling marks of the gun claimed to be murder weapon against bullets recoverd from victim body intact with markings and could not determon a match - its only reasonable that sence the gun dose not match the bullets he cannot know as a fact that gun is the murder weapon yet that is the statement the prosecutor made in summation before Jury. I tryed to git my defense attorney to do something about it she said not to worry you cant be convicted without being proven guilty beyond a reasonable doubt. - The jury was tolled / "asked to find 'S' guilty". By Prosecutors illegal & unqualified statements pertaining to the gun being Sharonoffs and also in disregard of expert testimony that the very same gun did not match the bullets that kills the victim yet claimed it to be the murder weapon. Bolstered by his personal knowledge when Prosecutor stated "I" that makes it undeniably his personal knowledge in statement unrefuted by defense attorney [I.AC.?] and allowed by Judge without correction more than likly Jurors relied on illegal misrepresented facts and evidence resulting in Guilty Verdict to 2nd degree murder from wich I was sentenced to 10 years plus 70 to life encluding enhancements. My appellate attorney never had the transcript of trial as it was not in my file. The only item's in my file was a transcript of prelim hearing & romero motion - this is basis of ineffective assistance of Counsel on appeal due to the fact. It is reasonable to expect bare minimum of a professional attorney to at least acquire adequate record of trial in order to examine the procedure's resulting in conviction - See Page 4 Page 4 and thereby decern whether or not the prosecution was legal and ethical. If its not then there is important grounds for retrial & or acquittal without the record of trial there is no way to form a basic of a miscarriage of justice that would win an appeal. There for the appellate attorney could only make a frivolis direct appeal that was finalized May 9th 2012. Attorney only sent me what was in my file even though Im not an attorney I recognized that a record of trial was nessessary for refuting the corrective or ability to decern if and what actions in court procedure more than likly acted on the frame work where any or actually innocent person would be found guilty and base any allegations that are supportable by the record and not just my own belief or wishful thinking such as its against the law to convict a person with false testimony. In this case anyone who reads Prosecutors key or so called eyewitness AKA "Cody" testified severl times that he clearly seen Sharonoff put the very same gun presented as murder weapon upto victims head and shot victim dead - this although he way truly believe he seen 'S' murder. The hard undeniable facts proven by Prosecutor expert in forensic autopsy of victim was never shot in head no soot or stippleing on body means victim could not have been murdered as "Cody" testified and the physical condition of actual wounds are contrary to Prosecutor theory of gun dipping to cause actual wounds. Due to the fact the actual wound or path of bullet through victim body is horazontial. For the evidence to support Prosecutor theory of gun dipping the actual path through the victim body on 1st shot - See Page 5 Page 5 would have to be from hipoint (head area) to low point chest - this is what is called verticular path - that path dose not exist in first shot is clearly horizontal / goin left to right see for your self its public record by independent source - the stenographer! Yet the Superior Court along with Supreme Court and third appellate court all agree that this is just my imagination and sence my habeas corpus was unclear and considerd untimly deu to the fact that my direct appeal was finalized May 9 2012. I exceeded the 1 year time limit see Statute 2254 inacted (1996). To file my habeas corpus because the only items in my file that my appellate attorney had to send me was a prelim hearing transcript and Romero motion I had to petition the court for discovery. The court on April 25 2013 orderd the Attorney General to notice of lodged documents listed therein was the trial transcripts that was sent June 7 2013. Therefor I did not have adequate time of 1 year and 90 days to search record and cross reference law in order to raise legal & constitutional issues in timly manor INRE due process and inorder to exhaust state remedies in timly manner & was not my fault court and GA delayed release of copies that are the pertinent excerpt of court reporter record where in grounds if true entitle me relief. Now the cour will not even look at any of my attempts even though they inform me of corrections that need to be made but when I make them and try to resubmit they denied me for being second or successive See Page 6 Page 6 I am not a attorney and I dont understand how a prima facie case is stated or what one looks like. I was under the understanding and example given in form HC-001. All Im supposed to do is raise claims if true would entitle me to relief yet Eldorado Superior Court denied me when I raised grounds of Judicial & Prosecutor misconduct and trial attorney ineffective assistance in failing to be an adversary to prosecution's illegal actions & statements he could not know to be true like the gun was Sharonoffs and killed the victim with it he was not there when victim was killed and the gun did not and cannot be matched to bullets recovered from victim body therefore Prosecutor violated Statute 125 and see Prosecutor misconduct of misrepresentation of fact the gun cannot be murder weapon because it cannot be matched to the bullets that killd victim and by law Prosecutors cannot introduce theorys that are suportable by evidence. The Judge is not supposed to allow Prosecution to present the gun as murder weapon without proving beyond a reasonable doubt & the Judge is not supposed to allow personal knowledge when he stated "I" want you to understand he killed Otto it was his gun - its also should be considerd that his asking the Jury in same context to simply just vote guilty cause thats all the circumstance evidence nessary to convict murder 1st degree - its only after many months did the Jury compulsion to do as Prosecutor requested. Without truly weighing the evidence vs contrary testimonies of Prosecutor key witness and only witness suggesting Sharonoff is killer is "Cody." See Page 7 Page 7 At one point in trial the Judge on page 962 stated that the Prosecutor statements was confusing jurors and contrary to Jury instruction. The Judge distracted and contrary to Jury instruction. The Judge distracted by bailiff note resumed the court without correcting the Jury on every statement that was contrary to the instruction like when Prosecutor stated "its not about at the experts say" this is contrary to Jurors instructed they must weigh expert evidence against witness statements. Because most of Prosecution experts like the forensic Doctor and and Dept of Justice lab test results show no conclusive or supportive evidence exist in this case for conviction or prosecution no DNA no finger prints and at one point Prosecutor stated Sharonoff was known to be on other side of gate because it was locked - and there was an unpassable perimeter of barb wire manzanita bushes and junk piled up around victims camp because SWAT team Commander testified no one could get to the victim untill he cut the lock and chain off gate so they could open gate - it should be noted that I was not found inside gate on night of murder nor was there a shoe print or any evidence to be matched. So how could it be known Sharonoff was on other side of gate with no evidence to support such claim is another misrepresentation of a fact the Jury was allowed to deliberate believing that because the gate was locked and had to be opened by SWAT when they cut the lock and chain off is proof Sharonoff was on other side of locked gate with victim and so must be the killer as "Cody" said so yet if you read police report days after the murder see Page 8 Page 8 sheriff whent to crime scene and at a nondisclosed point past or before the gate that was locked clearly stated they cut down manzanita bush and removed barb wire and other debris - this created a hole and path that did not exist on night of murder yet jury was walked through the hole as if Sharonoff could have on night of murder - this is manufactured evidence I tryed to object and was removed from group/Jury my attorney did nothing but suggest that it was improper for Prosecution to step on top of one strand of barb wire close to ground so Jury could walk over and through hole. If attorney impeached "Codys" false testimony and impeached the gun presented as Sharonoff's with no supportive evidence just that other people said that looks like the gun that is Sharonoffs is not sufficient when undeniable evidence gun is not registered to Sharonoff not stolen no finger prints no DNA absolutly no conclusive evidence the gun was possessed by Sharonoff as gun was found in a wooded areya a football field away from Sharonoff camp and Sharonoff dose not own property that gun was found on even Tommy Alderich witness for Prosecution testified Cody admitted to be the one that hid the gun with 'S' that was found 3 days after a person named Thearsa who testified to paying Cody a unspecified amount of money to "Cody" to produce the weapon its only reasonable "Cody had to possess the gun in order to hid the gun where he found the gun. Concern citizen's need ask why & how is it that Sharonoff was convicted for possession - see Pag 9 Page 9 a person convicted of murder in any degree is wrong when there is no substantive evidence. Therefore due process of law is violated as collectively these actions make 'S' trial unfair and a violation due process of law in totlle disregard of the federal Constitution of the United States and even the California Constitution has its equivalent to US Amendment V (1791) Pleas someone help me as I have tryed to petition for resentence due to new law passed SB-1437 to Supreme Court and then district court. I was denied as untimly and successive. I pointed out that I could not be untimly as 1437 has no set time limit to file and could not be successive because this was the first petition made when new law came into effect. The clerk just sent back my plea for review stating case is closed! If they can do this to me they can do this to you! Please help me I have no money or family or any support I need a post conviction attorney or attorney's to get into the Judge face with a petition that can't be summary denied and public should know Im legally innocent = actually innocent yet Judge sentenced 10 years plus 70 to life with enhancements and has charged the taxpayers 50,000$ a year for the last 10 years as of Sept 30. I was subjected to a brutal and visious attack by inmate that broke my leg and anckel. I have a 7 inch rod and 6 pins holding me together I can not run jump or carry more than 20 lbs due to injury resaulting from my illegal incarceration - write to the gov for my release help me please somebody.
