Michael Elbery                                                                                                                    

168 Fairfield St.                                                                                                                    

Needham, Mass. 02192                                                                                                                    




Judicial Nominating Committee

State House - Room 56

Boston, Mass.





RE: Attorney Louis P. Aloise - candidate for Worcester District Judge





I write to you regarding the candidacy of Attorney Louis P. Aloise for District 

Judge in Worcester County. Attorney Aloise represented me in 1993 on several

criminal charges that resulted in no probable cause at Worcester District

Court on 1-20-93, see attached A.

The Worcester D.A.'s office then indicted me with only one witness from among

five who testified at the probable cause hearing. The grand jury proceedings 

were impaired by the Worcester D.A.'s office. In addition to concealing evidence

via the testimonies of the other probable cause hearing witness the medical 

evidence presented to the grand jury was falsified, see B attached

The charge of assault with a dangerous weapon was knowingly, by Aloise and the D.A.'s 

office, fabricated. This is documented by the D.A.'s office prior to either the probable

cause hearing or grand jury, see attached C. Aloise had in his possession all

the documentation referred to in B and C and was well aware that the indictments

were impaired. Aloise had spoken to me after the indictments and said he would seek 

dismissals on the various indictments/charges, yet he did nothing.

Further at trial on June 93, resulting in my illegal conviction of attempted

mayhem (no weapon involved), Aloise knowingly allowed the Worcester D.A.'s




Office to falsify evidence against me. The alleged victim-witness was allowed to

testify, as he did at the grand jury proceedings, that his eye was cut, lacerated,

bleeding, leaking vitreous fluid, permanently damaged, almost out of his head. The

truth is that the alleged victim suffered only a red eyeball or bloodshot eye, 

see attachments marked B , with  DR. Hull's Affs.,  and letter.

At trial Aloise never challenged the alleged victim about his claim of severe eye

injuries, Aloise never allowed me to see the medical evidence that revealed the 

alleged victim was treated by a physician for minor eye injuries. The jury was

allowed to believe that the alleged victim had his eye twice brutally thumbed,

although per medical documentation, it is clear that the alleged victim told

the physician and registered nurse he got a finger in the eye. Aloise never called

as witnesses the treating medical professionals in order to conceal the truth and

protect the victim-witness. I learned of the actual medical evidence through

my own investigation after being  released on parole from a 10 year state prison


Aloise admitted at trial side bar per the trial transcript that he had read and

understood the medically documented evidence of the alleged victim - witness, see

D attached.

Attorney Aloise cooperating with the Worcester D.A.'s office allowed the prosecution

to indict me and charge me at trial with assault with a dangerous weapon (broken beer

bottle). Aloise was informed by A.D.A. Michael Salloum, prior to the probable 

cause hearing that the witness-"victim" admitted there was no such incident. The

government  documents, per C attached, there was no intention even prior to the

probable cause hearing, of seeking convictions on this charge. At the probable 

cause hearing ( I have the transcript) all the prosecution witnesses admitted

there was no bottle assault.

At the probable cause hearing Aloise per his cross examination documents that 

A.D.A. Salloum had informed him that the prosecution witnesses and "victim"

admitted that the reported bottle assault to the police did not happen, see



E,   attached. The allowance of this false charge contaminated my entire trial with

prejudicial constitutional error. Aloise never challenged the alleged victim on

this serious charge of a 30 second assault with a broken beer bottle.

These are only some of the highlights of Aloise's wrongdoing and conspiracy in

relation to my illegal conviction.

I am in the finishing stages of completing a motion for new trial under Rule 30

of the M.R.C.P.  which if necessary will go before the highest Federal Courts in

the land. The factual claims I make in this motion are all documented by third


Attorney Aloise was also successful, after my illegal conviction in discouraging

other attorneys from advocating my post conviction defense, this being disclosed to

me by one well known Boston attorney who refunded my retainer of $5,000.00.

I alert you to these circumstances well in advance of your decision pertaining to

appointment of Worcester District Judge. I expect this post conviction activity

relating to my illegal conviction to result in great controversy via media


As a judge Aloise may be an embarrassment. Aloise is seeking sanctuary via judgeship.





                                                                                         Respectfully submitted,


                                                                                         Michael Elbery