Dr. Dennis Arinella's Testimony of Cop - Tom King's Real Cause and Extent of Eye Injuries
The Testimony that Attorney Louis P. Aloise Concealed from the Jury
The Federal transcript - Testimony of Dr. Dennis Arinella, Elbery v. Sklut 97-11743
Dr. Dennis Arinella was avoided as the required witness the defense of Michael Elbery needed to defend the charges of Attempted Mayhem in July 1993. Elbery's Defense Attorney - Louis P. Aloise in agreement with former Worcester County prosecutor Mike Ball and Judge Dan Toomey made sure that Dr. Arinella never showed for trial, so that the alleged victim off-duty out-of-jurisdiction Westboro cop, Tom King, and the prosecution could have an unobstructed time lying about King's eye injury at trial. That same eye injury charge of Attempted Mayhem was found by a Massachusetts judge to have No Probable Cause and which Michael Elbery would be sentenced to 10 years in a State Prison.
Attorney Louis P. Aloise and his co-conspirators were successful in preventing the jury from ever knowing what was disclosed in medical reports by Dr. Dennis Arinella and the attending registered nurse about cop - King's cause and extent of eye injury that got Michael Elbery 10 years in Prison. There was absolutely no medical witness that testified at trial to tell the jury that King was lying about his injuries and that he only had a superficial abrasion to his eye lid and a red eye caused as King admitted to Dr. Arinella by "catching a finger in the left eye after King chased a person down the street".
But there were things that Attorney Louis P. Aloise could not account for in the years that followed. Aloise believed back in 1993 that because he was a former prosecutor, himself, and that he prosecuted the Jose Anibal Colon (see 408 Mass 419) case that he would always be a Sacred Cow in Massachusetts; Aloise believed that because he put a cop killer in prison that he would be protected from his own crimes in the Massachusetts courts. Aloise determined in Worcester Courthouse who would be prosecuted and imprisoned regardless of law and evidence. Lou Aloise despised and attacked anyone he considered didn't "play ball". Aloise targets anyone that speaks out against his power group, the "Home Rule Gangsters" in "Worm Town"; disagreeing is intolerable to Attorney Louis P. Aloise who likes everybody to play ball in his gang's yard, rules and referee.
The Shrewsbury Police would needlessly torch the E-z mini Storage on Route 9, Shrewsbury, Mass. on August 4-5, 1994 in order to get Michael Elbery off the streets from a "Stay of Sentence Pending Appeal" after he was maliciously convicted of Attempted Mayhem on July 2, 1993. The Shrewsbury cops, led by James Hurley, falsely arrested Michael Elbery on August 5, 1994 for guns violations, although he was legally licensed. Elbery would be found Not Guilty of the 6 gun charges at E-z and in 1997 he filed a Federal lawsuit against the Shrewsbury cops.
On May 20, 2002 that Federal lawsuit came to trial and Michael Elbery subpoenaed Dr. Dennis Arinella to give testimony about King's real injuries as per his instant report that 9-29-92 when he examined King at the U. Mass. Medical Center Emergency Room. Federal Plaintiff - Michael Elbery planned to show through Dr. Dennis Arinella's testimony at the Sklut case that victim cop - Tom King was knowingly sponsored to lie about the cause and extent of his eye injuries at the trial in Worcester Superior Ct. in July 1993. Plaintiff Elbery stated per his complaint against the Shrewsbury cops that they torched the E-z Mini Storage facility in order to help fellow officer Tom King, who they knew lied at the Attempted Mayhem trial of June 1993, that resulted in a false imprisonment of Michael Elbery worth 10 years.
Dr. Dennis Arinella showed on the second day of trial of the federal Sklut case against the Shrewsbury cop defendants and tried desperately to lie in order to advocate the cop, Tom King, that he saw at the Emergency Room on 9-29-92. Dr. Dennis Arinella was repeatedly made by Plaintiff - Michael Elbery to refer to his medical report that Arinella produced on 9-29-92 when he looked at Tom King's red eyeball.
This Federal Transcript is just another undisputable documented evidence that Westboro Police Officer, Tom King, lied at trial that framed Michael Elbery for 10 years in prison because Tom King lied about the cause and extent of his eye injuries. And Elbery's Defense Attorney Louis P. Aloise knew King was lying as did A.D.A. Mike Ball.
Under oath on the witness stand that 5-22-2002 and as per transcript, Dr. Dennis Arinella was made to tell the truth that he so desperately wanted to avoid. Dr. Dennis Arinella was forced to admit under oath fact and evidence that was totally the opposite to the testimony given by Tom King about his cause and extent of eye injuries at the trial of the Attempted Mayhem charges that caused Elbery 10 years in prison.
I. Referring to the medical report Dr. Dennis Arinella wrote as a result of examining cop - Tom King on 9-29-92, Dr. Arinella testified that King admitted to him at the Emergency Room during that examination that King received his eye injury caused as follows:
"Chasing a bar patron down the street caught a finger in left eye."
Arinella testified King never told him that his eye injury was caused by "two occasions of trying to gouge out King's eye" as King testified during the prosecution of Michael Elbery at the trial of June-July 1993 at Worcester Superior Court for Attempted Mayhem.
Arinella testified King never told him that someone was trying to take out his eye, as Off-duty officer Tom King testified to at that trial for Attempted Mayhem, as above.
*See Footnote 1 - bottom of this Chapter of MassInjustice.Org for Alleged victim's, Tom King's, trial testimony as to cause of his eye injury.
II. Dr. Dennis Arinella then admitted under oath that his medical report disclosed that Tom King sustained eye injuries "from catching a finger in the eye" as follows:
bruised eye lid
inflammation or red eye ball cause by a cut to the mucous membrane that covers the eyeball.
Dr. Dennis Arinella testimony confirmed to a medically documented certainty that King's claim of injuries that put Michael Elbery away for 10 years for Attempted Mayhem (trying to take out King's eyeball) were lies. Dr. Arinella testified King's testimony before a jury at Worcester Superior Court in July 1993 concerning the extent of his eye injury was a calculated lie, as follows:
There was no leaking vitreous fluid coming out of King's eye
That King's eye was not almost out of his head but was formed, in tact and not damaged.
That King's eyeball was not cut or lacerated.
King was not blind.
King did not have permanent eye damage, and the ocular pressure in King's eye was normal.
King did not almost lose his eye.
King's eye was not frozen or numbed.
King did not have "two patches applied" by Arinella.
That King's eyeball was not dripping blood but that it was possible that a small drop of blood could have occurred from one of the broken capillary of the conjunctiva that caused King's bloodshot eye ball. Dr. Arinella testified there was no notation on his report that he saw any blood at all on patient King.
Arinella admitted 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.
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.
Arinella further testified that the inflammation or red eye would have healed on its own.
*See Footnote 2 - bottom of this Chapter of MassInjustice.Org for Alleged victim's, Tom King's, trial testimony as to extent of his eye injury and treatment.
III. Attorney Gerald "Geraldine" Fabiano advocates cop lies
The Shrewsbury cops 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 by Judge "Dirty Dan" Toomey 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 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 the Massachusetts Judiciary can do about it other than acknowledge that they imprisoned Michael Elbery on cop lies.
Attorney Gerry Fabiano was almost successful in getting Dr. Arinella to state that King's eye injury could have been intentional. But when questioned 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.
Dr. Dennis Arinella was sure that alleged victim and Westboro, Mass. Tom King confessed that his injury was caused by "catching a finger in the left eye".
IV. So What's New? Nothing - same evidence that existed at Trial and was concealed by the Three Stooges
On May 22, 2002 at the Federal Courthouse - Boston, Mass., Dr. Dennis Arinella was made to tell the truth about patient, off-duty and out of jurisdiction Westboro cop 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 but he was boxed-in by the documented medical record he wrote on that 9-29-92. Federal Plaintiff - Michael Elbery had a deciphering of Dr. Arinella's medical report, so to insure that Arinella couldn't express his bias in favor of cop - Tom King's lying at the trial of July 1993 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 Conti's Worcester District Attorney's Office (and the Three Stooges Toomey, Ball, Aloise) used perjury regarding King's (lack of) eye injury to convict Michael Elbery.
Dr. Dennis Arinella hated telling the truth the unwittingly documented years before and then had to reconfirm before Federal Judge Mark Wolf and a Federal Jury.
Same Medically Documented Truth in Elbery's Motion New Trial
But Michael Elbery already presented the 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 injuries and conspiracy by 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 evidence that was documented on the Medical Records produced by Dr. Arinella and the admitting nurse. The same medical records that Michael Elbery paid an investigator to get deciphered by Dr. Arinealla's office staff and explained by Dr. Hull. No Aloise signed his name to his conspiracy to maliciously prosecute his own client as did A.D.A. Mike Ball and its all contained in the Trial Transcripts and the Motion for New Trial that Michael Elbery wrote and filed in July of 1999.
*Footnote 1 - Tom King's trial testimony as to cause of his eye injury
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, are 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 this defendant being 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.