Judge Edward M. Neafsy and Prosecutor Luis A. Valentin should be disbarred for perpetrating a criminal injustice on Frank Didiano.
The Monmouth County Prosecutor convicted Frank of aggravated sexual assault on his estranged wife in 1998. Frank was sentenced to 18 years in prison and has already served almost 11 years.
There is a serious problem with this unfair conviction. The prosecutor called the S.A.N.E. Nurse to the stand to testify about the condition of Frank's wife's vagina. The nurse testified that there were four red marks inside this woman's vaginal cavity. The testimony was given while a picture of a vagina and a plastic model of a vagina were in full view of the jury. The testimonhy was graphic and damaging.
What no one knew at the time, except for the prosecutor was that on March 2,1999 just three weeks before the trial, two investigators from the prosecutor's office spoke with close friend of the self-proclaimed victim. This witness accompanied the so-called victim to the hospital for the rape exam. The witness told the investigators that Frank's estranged wife had sex with the motel manager that very same night. That information should have stopped the prosecutor in her tracks. The nurse never should have testified about the exam because the self-proclaimed victim had sex with both Frank and the motel manager before taking the exam. How could the nurse know if the marks in the so-called victim's vagina were inflicted by Frank or the motel manager who wore a condom?
The Public Defender who represented Frank at trial most likely never received a copy of the witness' statement. If in fact he did, then he would be guilty of gross negligence.
The Public Defender who appealed Frank's conviction found the statement and tried to introduce it into the appeal but the appellate court rejected it and directed the public defender to raise the issue with the trial judge first. He never did that and he is guilty of gross negligence or incompetence.
There was another Public Defender who handled Frank's Post Conviction Relief application but she never raised the issue that was so blatantly obvious in the witness' statement - the fact that Frank's estranged wife had sex with both Frank and the motel manager before submitting to a rape exam automatically negated the nurse's testimony and raised an issue of prosecutorial misconduct for calling the nurse to the stand.
It does not stop here. There is more injustice. Frank appealed to the Appellate court again and was directed by Judge E. Stern to raise the issues with the Post Conviction Court again. Frank did that and also applied for representation by the Public Defender's office.
Judge Neafsy granted the representation and the Public Defender's office complained that they already represented him and could do nothing more for
Frank. The Judge told Frank to move forward without representation. Can you believe that the Public Defender's office who screwed Frank over in every step of the way, his trial, appeal and post conviction relief effort did not want to right the wrong they had done to Frank. Wait, it gets even worse.
The prosecutor filed a motion that Frank's post conviction motion should be denied because the time for filing had run out. Judge Neafsy agreed and denied Frank's motion for relief. The judge also said Frank's sentence should be reduced but that never happened.
I drafted the motion for Frank and still have a copy of the witness statement and a letter that Frank's estranged wife wrote to her mother and her sister in 1997 when she was in prison for stealing $23,000.00 from her grandmother's bank account.in that letter she described Frank as a wonderful husband, father and son-in-law. She also admitted that she wrongly accused Frank of complicity in the theft of her grandmother's money. She admitted to doing drugs, cheating on Frank and wasting all of his money, causing him to lose his business. There is just so much information in that 7 page letter that seems to exonerate Frank, but neither Judge Neafsy nor Prosecutor Valentin thought that the letter, the witness statement and the fact that the prosecutor cheated Frank out of a fair trial was a significant injustice, which is cause for granting post conviction relief when the time for tiling has passed.
Shame on Judge Neafsy and Prosecuto Valentin for their criminal acts. They should be disbarred. Someone has to stand up for Frank Didiano and I am taking a stand now. I apologize to Frank for taking so long.
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