· bruised eye lid, (F.T.R. p. 16 lines 18 thru 25)

· inflammation or red eye ball caused by a superficial cut to the mucous membrane that covers the eyeball, (F.T.R. p. 17 & p. 22 line 4)

· swollen retina, (F.T.R. p. 17 & p. 18 lines 1 thru 8)

There was no leaking vitreous fluid coming out of King's eye, (F.T.R. p.25 line 23).

King's eye was not almost out of his head but was formed, in tact and not damaged, (F.T.R. p.28 lines 20 thru 21 & p. 17 line 8 thru 10).

King's eyeball was not cut or lacerated. (F.T.R. p. 23 line 1 & p. 24 lines 15 thru 22 & p. 30 lines 24-25 & p. 35 lines 2-4).

King was not blinded by his chasing incident, (F.T.R. p. 16 line 17 & p. 19 thru p. 20).

King did not have permanent eye damage, and the ocular pressure in King's eye was normal, (F.T.R. p.17 lines 1 thru 16).

King did not almost lose his eye. (F.T.R. p. 1-70)

King did not have a "detached retina", (F.T.R. p.31 line 1-3).

King's eye was not frozen or numbed, (F.T.R. p. 22 lines 8 thru 12).

King did not have "two eye patches applied" by Arinella, (F.T.R. p. 22 line 12).

King's eyeball was not dripping blood, but that it was possible that a small drop of blood  could have occurred from a broken capillary of the conjunctiva that caused King's bloodshot eye ball, (F.T.R. p. 24 line 23 thru p. 25 line 20). Dr. Arinella testified there was no notation on his report, Ex. A, that he saw any blood at all on patient King.

Arinella admitted, (F.T.R. pgs. 13 thru 14), that he arrived on call at the Emergency Room of U. Mass. Hospital on 9-29-92 at 2:25am after King was admitted at 2:10. King was discharged from that ER at 2:45am per the medical report, Ex. A.

There was no surgery done on King's eye, but rather the concern was possible infection because a fingernail hit King's eye and Dr. Arinella squirted some ointment on King's eye and gave him a big band aid for his eye and sent him on his way in a quick 20 minutes that 9-29-92, (F.T.R. p. 22 lines 5 thru 16).

Arinella further testified that the inflammation or red eye would have healed on its own, (F.T.R. p. 23 line 3).

*See Footnote 2 - bottom of this Amended Claim #2 for Alleged victim's, Tom King's, trial testimony as to extent of his eye injury and treatment.

The Shrewsbury cops' defense attorney, Gerald "Geraldine" Fabiano, attempted to save the day and enforce the lies that Westboro, Mass. cop, Tom King, told almost 10 years earlier before a jury in Worcester Superior Court that resulted in Michael Elbery being sentenced to 10 years in prison. True, Fabiano lacked the necessary presence needed by a trial lawyer before a jury, but that wasn't the reason he was defeated in his quest to get Dr. Arinella to lie to the Federal Sklut jury. The problem Gerry Fabiano had was that King's testimony was a medically documented lie and there was nothing he or John Conte's Worcester County D.A.'s Office can do about it, other than acknowledge that they knowingly imprisoned Michael Elbery on cop lies.

Attorney Gerry Fabiano was almost successful in getting Dr. Arinella to state that King's superficial eye injury could have been intentional, (F.T.R. p. 45). But when questioned during re-cross on this issue by plaintiff - Michael Elbery, Dr. Dennis Arinella had to admit under oath that he didn't know if King's eye injury was the result of an intentional or accidental/unintentional finger to King's eye, (F.T.R. p. 53 lines 1- 4).

Dr. Dennis Arinella was sure that alleged victim and Westboro, Mass. cop - Tom King confessed that his injury was caused by "catching a finger in the left eye".

On May 22, 2002 at the Federal Courthouse - Boston, Mass., Dr. Dennis Arinella was made to tell the truth about his patient, off-duty and out of jurisdiction Westboro cop, Tom King, who he looked at for 20 minutes in the ER of U. Mass. Hospital because King "caught a finger in his left eye". Dr. Dennis Arinella didn't want to tell the truth about King's confessed cause of his eye injuries and the medically documented extent of King's eye injury, but he was boxed-in by the documented medical record he wrote, Ex. A, on that 9-29-92. Federal Plaintiff - Michael Elbery had a deciphering of Dr. Arinella's medical report,, Ex. B, so to insure that Arinella couldn't express his bias in favor of cop - Tom King's lying at the trial of July 1993 in Worcester Superior Court that put Michael Elbery in prison for 10 years for a crime of "Attempted Mayhem". It was obvious to Plaintiff - Elbery that Dr. Arinella knew that D.A. John Conte's, Worcester District Attorney's Office, A.D.A. Mike Ball, and Attorney Louis P. Aloise used perjury regarding King's (lack of) eye injury to convict Michael Elbery.

Dr. Dennis Arinella hated telling the truth that he unwittingly documented years before and then had to reconfirm under oath in the Federal Court of Federal Judge Mark Wolf and to a Federal Jury.

There you have it, again, but this time with the testimony of King's treating physician, Dr. Arinella; the required medical testimony that was deliberately avoided at the trial in Worcester Superior Ct. in 1993 that convicted Defendant - Elbery of the prosecution's charge of "Attempted Mayhem" (attempting to take out King's eye) which was all executed by King's perjury. Alleged victim, Cop-Tom King, was allowed, at trial, to be the sole medical witness who testified as to his fabricated eye injury, cause of eye injury, and his medical treatment, all illegally causing Defendant-Elbery to be convicted by perjury.

But Michael Elbery already presented this same medically documented evidence in his Motion for New Trial. In that Motion for New Trial, Elbery dedicated the first three claims to the issue of Cop - Tom King's lies about the cause and extent of his eye injury and conspiracy by the prosecutor, A.D.A. Mike Ball, and Elbery's defense attorney, Louis P. Aloise, to sponsor Westboro cop - Tom King to lie at trial about the most import evidence during that trial.

Attorney Louis P. Aloise doesn't have to confess that he conspired with A.D.A. Mike Ball (the prosecutor) to allow cop - Tom King to lie at trial and conceal the real evidence that was documented on the Medical Records produced by Dr. Arinella and the admitting nurse. The same medical records that Michael Elbery, after his conviction in preparation for the Direct Appeal, paid an investigator to get deciphered, Ex. B, by Dr. Arinella's office staff and explained by Dr. Hull, Ex. C. No Aloise signed his name to his conspiracy to maliciously prosecute his own client as did the prosecutor, A.D.A. Mike Ball, and it's all contained in the Trial Transcripts and the Motion for New Trial that Michael Elbery wrote and filed in July of 1999 and Re-filed on June 21, 2013.

*Footnote 1 - Tom King's trial testimony as to cause of his eye injury. (See trial transcripts pgs. 185-491 for King's trial testimony).

King testified at trial, T. R. 201-17, 20, He (Elbery) took his thumb and jammed into my eye. On the outside of my eye he jammed it in almost behind the eye and kept pushing the thumb in real hard. He... (2nd thumbing) jammed that thumb back into my eye on the inside of my eye and kept pushing the thumb into my eye.

King lied at trial with his testimony of two occasions of thumbing to the side and almost behind the eye. King's statement to the medical people, only minutes after his eye injury is clear-he got poked in the left eye by a finger. This is, coincidentally, what he told defense witness Hayes, per Hayes testimony, "I must have got poked in the eye". "I think I got poked in the eye", T. R. 918-16. Hayes was told this by King while driving King to the hospital on 9-29-92 immediately following his bump in the eye or injury, that resulted in the defendant being convicted of "Attempted Mayhem" and sentenced to 10 years in the state prison.

*Footnote 2 - King's trial testimony as to extent of injuries and treatment (all lies). (See trial transcript pgs. 185 - 491 for King's trial testimony)

1. At trial, prosecution witness-in-chief and alleged victim, Thomas King, lied about his eye injuries and related treatment. King testified at trial that defendant Michael Elbery caused him to have the following severe serious eye injuries:

a. A cut eyeball, T. R. 204-1, 2; 468-9.

b. A lacerated eyeball, T. R. 203-24, 385-12, 440-15, 479-3.

c. Bleeding from his eyeball, blood coming out of his eye, T. R. 202-24, 203-1, 468-14-16.

d. Vitreous fluid leaking from his eye, T. R. 202-24, 203-1.

e. Permanent eye damage, T. R. 204-3, 204-3-10.

f. Repeated testimony about almost losing his eye, T. R. 203 - 9, 469-17-19; 468-24, 405-15.

g. Eye blind-203-3, 426-9, 468-11, 381-5-7, 202-2, 383-23, 437-10.

Additionally, before the Grand Jury, regarding this instant case, King testified he had muscle damage to his eye, G. J. 8-13, and at the Probable Cause Hearing he testified he was at the hospital for four hours, PC 16-21.

King testified at trial that he had the following medical treatment to his eyes as a result of Elbery's alleged assault:

h. Freezing and numbing of the eye, T. R. 203-20.

i. Each eye covered by a patch, T. R. 203-21, 383-22, 406-1, 468-5-9.

Dr. Dennis Arinella was never called as a witness at trial of the above docketed action. The above evidence produced by Dr. Arinella at the Civil trial of Elbery v. Sklut proves that Defendant - Michael Elbery was convicted by perjury. Dr. Dennis Arinella confirms, via this Amended Claim #2, that all the evidence produced by the prosecution regarding alleged victim, Tom King's, injuries, extent of injuries, cause of injuries, and treatment was perjury and the prosecution had a duty to know and should have known that the jury was being lied to at the trial that Convicted Defendant - Elbery in July of 1993.

Because Defendant - Elbery's Defense Counsel, Louis P. Aloise, did not call the alleged victim's treating physician, Dr. Dennis Arinella, as a witness at trial, or any medical witness at trial, Defense Attorney Aloise, was " Ineffective in his Assistance of Counsel.". Dr. Dennis Arinella would have produced the above exculpatory evidence for the defense that would have proved to a medically documented certainty that the evidence at trial that convicted the defendant was perjury. Had Dr. Arinella been called as a witness he would have been required to testify in compliance with the medical records he produced on 9-29-92, as above this Amended Claim #2 via Federal Testimony in Elbery v. Sklut, and Dr. Arinella's testimony, as herein and his testimony per Federal Transcript, would have resulted in any fair and unbiased jury finding a verdict of Not Guilty on the charges Aloise was allegedly defending for his client Michael Elbery.

In fact, had Aloise even hinted at his intent to call Dr. Arinella and produce the real evidence, per the medical report Dr. Arinella wrote that Aloise had possession of well before trial, as to the cause and extent of alleged victim, King's, red eye injury/bump, the Worcester D.A.'s Office would have "headed for the hills" and dropped the charges against Defendant - Michael Elbery, at the above docketed case, in Worcester Superior Court.

The prosecution did not call any medical witness at the trial of the above docketed action, but the prosecution had possession of their alleged victim's, King's, medical report produced by Dr. Arinella on 9-29-92; the same medical report that Dr. Arinella produced minutes after the underlying incident that caused the above docketed action. The prosecution should have known that the evidence produced at trial surrounding King's cause, extent and treatment of his alleged eye injuries that convicted Defendant - Elbery was perjury. This illegal conduct by the prosecution constitutes "Knowing Use of Perjury", at the trial that convicted Defendant - Elbery, as defined Under the Sixth Amendment of the U.S. Constitution's Bill of Rights, also known as a Brady Violation.

As a result Elbery's Constitutional Rights to a Fair Trial was also violated.

Wherefore,

Under the law of land of this here United States, A New Trial is Required.

Michael Elbery

120 Old Pleasant St.

Lee, Mass. 01238

5-15-14

** Ex. A, Ex. B, Ex. C refer to Defendant's/Moveant's Exhibits in support of Motion for New Trial #93-0135 which was Re-filed with the Worcester Superior Court on 6-21-13.