As long as he remains a convicted criminal he has no standing for a civil suit. He has pretty much given up in clearing his name. I think he some who blames himself for what happened. I just can't figure it out. He must think they have something on him that will further destroy whatever reputation he has left.
I firmly believe if he appealed and he isn't time barred he would have the remaining conviction reversed. Not even a friendly court can ignore the misconduct of the prosecutor.
You just move on - some people can do it or try to do it. A guy will never rest until he sees justice done and the guilty are punished. Even then I would want to take a trip down to hell to see them burning.
He is 'guilty' about something and it has nothing to do with any crimes he committed - at least not the crimes he was charged with.
For example looking into his mind: There came a time when we learned that Joe C told the cops ( 11/13/03) the SIL was involved in the armed robbery of Strathmore Bagels ( 7/25/00). He knew he went to Europe about that time. His passport didn't have a return time stamp. That often happens to returning American citizens. He knew he went there on the 18th. He thought he must have been home several hours before the crime was committed, left his girlfriend home and joined up with the robbers. He thought that would what the DA would say. BUT he was NEVER charged with that crime. HELLO! So he thought there was no basis to disprove that crime. I told him if he was in the USA for even a few hours he would have been charged with the crime. That crime was sandwiched in between two crimes they charged him with: Parsnips 7/10 and Jiffy Lube 7/30. They were going to charge him with ALL three crimes to show a pattern.
On 7/2/04, Joe C told Judge Hudson that the SIL was with him for Strathmore ! In other words the lie continued for 9 months and the cops never bothered to find out where he might have been. Why should they because the crimes he was to be charged with were 5 years in the past. Who was going to remember where they were 5 years ago? Strathmore, upon conviction carried a 20 year minimum sentence. After the plea before the crooked Judge Hudson we know the cops finally secured his credit card records for the period of the crimes. There it was: He was in Europe until 7/27! Our lawyer couldn't use the letters Customs/Immigration sent us stating he returned to the USA on 7/27. You need a government representative to authenticate it. The FEDS don't have to comply with subpoenas. What the lawyer had to do was to bring in his then -girlfriend to testify she was with him all that time, AND he didn't slip away to the states to commit the crime and return later. The girlfriend was now married. Her father was a retired Suffolk court officer. He begged the lawyer not to bring her in. The lawyer was given no choice but to bring her in because the DA refused to stipulate. Real nice guys, aren't they?
After arguing with the SIL that he was in Europe, we were talking on the phone and he remembered where he was on one particular day. he was sitting on the tarmac in Spain for 4 hours because DeGaulle was closed because the Concorde crashed. Of course, that was on 7/25! It was then he remembered he went to Paris and extended his vacation for two more days. His credit card and debit card records showed that beyond any doubt.
The jury heard that on cross of Joe C by the lawyer. Joe C. when questioned why he wasn't prosecuted for this violent crime said, "And your client was there, too!" The jury heard him get caught in a momentous lie and they Ooohed and Aahed, and ended it with a laugh. And that wasn't the only lie he got caught in and they laughed at those, too? And still these 12 hapless morons convicted him anyway, solely on the word of an admitted liar and serial criminal - Burke's neighbor, Joe C.
When Joe C was called to testify we were in the hallway. Burke was there with his misfit detectives cheering them on. The lawyer invited Burke to come in because this was going to be very interesting. He never came in and we never saw that
in the building again.
