Michelle Mayer
PO Box 40254
Brooklyn NY 11204
(xxx) xxx-xxxx
Fax: (347) 438-3237
Anthony
J. Molea Esq – ADA
111
Dr Martin Luther King Blvd
White Plains, NY 10601
Re: Docket number 14-0806 and 13-0407
Dear Mr. Molea,
Please withdraw the charges filed against me regarding an alleged
incident with Randy P. Gonzalez at 916 Main Street on May 31st,
2014; statements made in deposition are false which was provable that evening negating
charges had I been permitted by officers to give a statement. In addition, the letter of NYS tenants
rights, HUD regulations and federal law prohibit the living conditions that
created the incident on May 31st, 2014 and seem to far out way the
allegations against me that I am refuting.
The deposition signed by
Randy Gonzalez and violation information via Peekskill Police Department both
dated May 31, 2014 sent by Arthur Schneider via regular mail September 27 were
received September 30, 2014. Also the ticket I received (enclosed) did not list
a law violated and the charge is different from that on record with the court
so now is the first I am aware of what I am specifically being charged with.
At present it is necessary
to proceed pro se, my reaction regarding the allegations to follow. Compiling
the response is taking longer and is more painful than I anticipated so I am
sending my initial position with Randy’s deposition first to eliminate further
time delay; written response to violation information via Peekskill Police
Department to follow in a timely manner.
Issues with the statement
include but are not limited to:
Date and time: 5/31/2014
by Randy Gonzalez
I do not believe the
statement I was provided with is from Randy.
-
I was cuffed by both wrists to a bench in a room next to where was to
file complaint, he stated he did not want to file a complaint, the and I had
never had a problem before that night.
A male voice I recognized as one of the officers said “well I’m gonna.”
o It reads as though the
officer wrote it. Randy and I knew
each other for 4 + years, the statement refers to me as ‘known as “shelly”’,
the woman and the female in one paragraph. That was not stated by someone who knows me, which Randy had
for 4 years.
“took a break in the rear alley”
-
it is not an alley, it is the walkway to the apartments via a locked
gate allocated for tenant use. Where Randy was sitting on the steps is the
beginning of the yard and blocked passage to and from the apartments. There was no legitimate reason for him
to be there, let alone loud, disruptive and harassing.
“she began yelling at me
at me stating stop smoking and began complaining about her hot water not
working, the woman then smacked me in the back of the head while I was sitting
down while demanding her hot water be fixed.”
-
Yes I was upset they were once again loudly hanging in the area
allocated for tenants after several nights in a row of doing construction
through the night until 5am. I did
demand again I have hot water[1]
back on, he stood up, and again stated if I want hot water I had to pay rent[2],
blew smoke in my face and sat back down.
An audio file of that statement eliminating he said/she said is here: https://www.youtube.com/watch?v=_bOd817ZUi8&list=UUmy-CCCAg10LOSbNsIGmrbg[3] I did not attack him.
“she proceeded to kick me in the back of the head in
the area of my neck. I told her to
leave me alone and she verbally abused me for a few more moments”
- It seems that if a person sitting at ground level was repeatedly
kicked in the back of the head and neck by a 145 lb woman who’s main mode of
transportation is walking an injury would likely have occurred, even if just a
bruise and not likely that he would stay seated to get repeatedly struck in the
head. Also, if randomly attacked
by a screaming, raging woman it seems the description immediately following
would not be “she verbally abused me a few more moments”.
Regarding my alleged uncontrollable anger; There is no
evidence of the angry, combative, foul mouth person described in the documentation
describing the same event as in this video of the ‘arrest’: https://www.youtube.com/watch?v=LCcxi-hH9vE&list=UUmy-CCCAg10LOSbNsIGmrbg
When the officers arrived and I
went to play the recording of Randy stating I had to pay if I wanted hot water
- I was roughly thrown down, cuffed and dragged from my porch.
It was explained when I was
handed the ticket at the end of the ordeal that the disorderly conduct was
because I yelled when they took me in.
As you can hear for yourself,
in my voice is pain, fear and astonishment at what Randy and his father
are allowed to do and that standing up for my rights resulted in me being
dragged from my ‘home’ and bruised.
Also t continues
to not make sense to me that hearings/trials were scheduled and I mandated to
answer to charges prior to being privy to what the allegations are.
Please withdraw
the charges based on the statement by Randy Gonzalez regarding the evening of
May 31st 2014.
Please feel free
to contact me via the above listed contact information and include any requests
for clarification and/or further information with your response.
Sincerely,
Michelle Mayer
CC Judge Thomas Langan – Peekskill City Court
Arthur Schneider Esq. – former appointed
attorney
Encl: Tickets
issued May 31, 2014
[1] Shortly
after this incident after not having ot water for 5 months and futilely
contacting city hall I called an outside plumber. It was turned off at the circulator pump so I was producing
hot water but it was going into the delis supply. The plumber was able to return hot water in less that five
minutes. A week later there was a
72 hour notice on the door.
[2] They had
filed an eviction for non-payment.
Order was granted June 16, 2014 despite documentation I provided to the
contrary, I received a copy of the order Sept 24, 2014.
No comments:
Post a Comment