The following is a copy of a copy of an affidavit by a criminal defendant in support of his pro se motion for various types of necessary relief in the criminal action, including an adjournment of the trial, appointment of a special prosecutor, opportunity for pre-trial discovery initiated by the defendant, order requiring prosecutor to preserve evidence, and turn it over to court clerk for later delivery to newly-appointed special prosecutor, and request for special prosecutor to investigate and indict prosecutor for alleged prosecutorial abuse directed against the criminal defendant.
Case Nos. 449A-2001, 449D-2001
COUNTY COURT OF THE STATE OF NEW YORK
COUNTY OF
SUFFOLK
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PEOPLE OF THE STATE OF NEW YORK, Plaintiff,
-against-
RICHARD DOMBROFF, DEUTSCHE-SWISS CAPITAL CORPORATION, Defendants.
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I, Richard L. Dombroff, a defendant in the above-captioned proceeding, being duly sworn, does hereby depose and state:
1. I am a defendant in the above-captioned proceeding, am fully familiar with the facts stated herein, and make this affidavit in support of my motion for an order recusing the prosecutors, appointing a special district attorney, prohibiting destruction of relevant documents and delivery of such documents to the Clerk for re-delivery to the special district attorney; for an adjournment of the scheduled trial to permit me to obtain needed discovery which my prior attorney did not obtain; and for an evidentiary hearing and protective order relating to this motion.
2. Because of the5th Amendment privilege against self-incrimination I am not reciting the facts which have resulted in this motion, but request an evidentiary hearing to testify as necessary with a protective order prohibiting use of such testimony by me for other than purposes of deciding my motion.
3. I am representing myself at this time on a pro se basis, having discharged my attorney (Peter Bongiorno, Esq.) for cause, for failing to obtain promised, essential, paid-for discovery in this matter, making me unable to go to trial at this time, because of lack of attorney preparation.
4. Yesterday, May 1, 2002, I personally hand-delivered a grievance(letter dated April 25, 2002) to the Grievance Committee of the 10th Judicial District, located on Jericho Turnpike, in Syossett, New York 2nd Department, detailing in what ways Mr. Bongiorno had failed to promise me the proper and promised and paid-for legal representation in the above-captioned matter.
5. After delivery of the letter, I called Mr. Bongiorno and terminated him as my lawyer, something which I thought I had accomplished several days earlier. Mr. Bongiorno does not represent me at this time and would appear to be unable to represent me because of his liability to me for breach of contract, malpractice, and other types of claims.
6. I am actively seeking a criminal lawyer to represent me and Deutsch-Swiss Capital Corporation in the above-captioned criminal proceeding, and have a meeting with one candidate tomorrow, Wednesday, May 3, 2002.
7. I respectfully urge that my request for an evidentiary hearing be granted, to enable me, and other witnesses I plan to call, to tell the Court under oath (and under the requested protective order prohibiting use of my testimony for purposes other than deciding this motion), to make a prima facie showing that the prosecutors have engaged in the activities alleged in the complaint against them filed recently in the Eastern District of New York, Index No. 02 Civ. 2446, for which activities the prosecutors are liable for monetary damages to me and my family and for which the prosecutors are liable for violation of various penal statutes, as alleged in the complaint.
8. I respectfully urge that the motion be granted in its entirety.
Dated: May 2, 2002
__________________________________
Richard L.
Dombroff
Subscribed and sworn to before me
this 2nd day of May, 2002.
____________________________________
Carl E. Person
Notary Public,
State of New York
No. 31-3068710
Qualified in New York
County
Commission Expires 11/30/05