COMMONWEALTH OF MASSACHUSETTS
Worcester ss Worcester Superior Court
Commonwealth Criminal Action
Defendant Michael Elbery's Affidavits
in Support of
AMENDED CLAIM #3 TO, DEFENDANT, ELBERY'S, MOTION FOR NEW TRIAL
I am the defendant, above docketed, Michael Elbery, I live at 120 Old Pleasant St., Lee, Mass.
1. During the jury empanelment of the trial of the above docketed case my defense attorney, Louis P. Aloise, showed me the jury questionnaire sheets and made sure that I knew the jury foreman, Rita Downey, worked at Fallon Clinic and he commented there was a conflict of interest with this juror.
2. Attorney Louis P. Aloise also told me that another juror was the alleged victim, Tom King's, neighbor.
3. Attorney Louis P. Aloise told me immediately after the trial jury was seated, and before the trial proceedings began, that there was an issue of conflict of interest and bias with these two jurors, as in #1 and #2 above, adverse to my defense.
4. I asked Aloise to do something about the unfair bias on the jury caused by Downey and King's neighbor but Aloise ignored me and said there was nothing he could do.
5. Attorney Louis P. Aloise gave me the jury questionnaire sheets and told me that the issue of the two jurors conflict of interest should be investigated.
6. I showed Attorney Robert Sheketoff the juror questionnaire sheets that Aloise gave me because I felt that two biased jurors should have been an issue for the Direct Appeal. Sheketoff was puzzled that Aloise would make sure I had possession of the juror questionnaire sheets and told me that if I decided to investigate these jurors on my own that it would result in another arrest.
7. Attorney Robert Sheketoff, the lawyer I hired to write my Direct Appeal on the conviction of the above docketed case, would not return the jury questionnaire sheets, as above, that Aloise made sure I had. Sheketoff said I should not have possession of the juror questionnaire sheets and Aloise should not have given them to me.
8. During trial breaks I heard Jury Foreman - Rita Downey bad mouthing me to the other jurors claiming that I should be convicted of trying to take out the eye of the Prosecution's alleged victim, Westboro Cop Tom King, who was off duty and out of jurisdiction drinking in a Worcester bar where the underlying incident causing the above docketed action initiated.
9. During the entire trial I noticed Downey causing a source of biased undertone and biased expression against me and my defense.
10. It seemed to me, watching Downey carry on, that I would have been better off not having Downey on the jury.
11. I learned about 15 years later, in about 2007-2008, that Attorney Morris Mo Bergman was married to Dr. Wendy Bonnet of Fallon Clinic.
12. Dr. Wendy Bergman refused me medical care for heart problems I was having in the late 1980's through the early 1990's.
13. Instead of medical care, Dr. Wendy Bergman sexually assaulted me and barred me from Fallon Clinic without reason.
14. When Attorney Morris Bergman worked for the Worcester D.A.'s Office in about the year 1990, he orchestrated a group of women to yell and shout at me defamatory remarks in the Worcester Court House. At the time I did not know who this Bergman was and had never seen him or his chorus of shouting women before that episode.
15. It was Attorney Louis P. Aloise who identified Bergman for me and told me that this Attorney Morris Bergman was leader of the local J.D.L.
16. There is a complete story of the, not just bias, but absolute hatred Attorney Morris "Moe" Bergman and his wife have for me on his link on the Web Site - MassInjustice.Org
17. Juror Rita Downey should not have been on the jury of Com. v. Elbery #93-0135 because she worked for physician, Dr. Wendy Bonnett - Bergman, who had already established herself two years before that trial as my enemy. It took me 15 years to find out that Dr. Bonnett acted as she did towards me because she was contaminated with hatred towards me by her husband, A.D.A. Morris Bergman.
18. I also looked up the jurors addresses and found that a woman juror lived in the same neighborhood as alleged victim, Tom King.
19. Aloise was right there were two jurors on the trial jury, as above docketed, that had a conflict of interest with me and should not have been sitting on the jury.
20. It took me 15 years to learn what my alleged Defense Attorney knew about the trial jury that convicted me; two of the jurors should not have been on the jury.
Signed on this 15th day of May 2014 under the Pains and Penalties of Perjury.