COMMONWEALTH OF MASSACHUSETTS

 

Worcester SS

                                                                                                                                                                                                     Criminal action #93-0135

Worcester Superior Court

 

 

Commonwealth

v.

Michael G. Elbery

 

Defendant’s Motion for Court’s Confirmation of Receipt of Transcripts, Exhibits, & Procedural Memo

In Support of

Defendant’s 6-21-13 Re-Filed Motion For New Trial

 

 

1. Now along comes the Defendant, as above docketed, and motions the Court to confirm possession of the 5 Trial Transcripts of case #93-0135, related Grand Jury Minutes, and Probable Cause Transcript, as well as, the Procedural Memorandum, and the exhibits in support of the Motion for New Trial this defendant submitted with his Re-file of his Motion for New Trial on or about 6-21-13.

2. The defendant also asks the Court to describe the Amendment as itemized as docket entry #50 on the Docket Entries dated 6-21-13. The defendant has no record of filing an Amendment with the Re-file of his Motion for New Trial. There was however a Memorandum Procedural Background filed.

 

3. The defendant originally filed the same Motion for New Trial on 7-6-99 in Worcester Superior Court regarding the criminal conviction on 7-2-93 of the above Docketed Case #93-135.

4. The Defendant made claim of over 30 Violations of the U.S. Constitution at the trial the convicted him via his 115 page Memorandum in Support of his Motion for New Trial under Rule 30b of the Mass. Rules of Criminal Procedure that resulted in a 10 year Prison sentence for "Attempted Mayhem."

5. The Court of Judge Timothy Hillman denied that Motion for New Trial after sitting on it for 2 ˝ years. This Defendant then exhausted all post-conviction remedies resulting in a united decision by the highest Courts of the Mass. Judiciary.

6. The Defendant then published a Web Site – www.massinjustice.org in 2007. As that Web Site evolved it included all the documentation of the illegal trial that imprisoned this defendant, as well as, the history of events that followed that Kangaroo Trial in Worcester Superior Court from 6-28-93 through 7-2-93 and the impairment of the Grand Jury used to gain the Indictments.

7. The defendant informed every major U.S. law school and their Law Professors and Bar Association members of this web site’s irrefutable evidence of Massachusetts Tyranny and attempts to murder this Defendant by the Police in order to spare the State Actors, who participated in the Malicious Prosecution and continued Cover-Up of Worcester Superior Court trial case #93-0135, further World Wide Exposure of their Scandal.

8. The Defendant additionally, alerted many other Organizations throughout the World of this Web Site – MassInjustice.Org in order to insure that the Scandal of Worcester Superior Court and the Massachusetts Judiciary is known.

9. After Re-filing his Motion for New Trial on about 6-21-13 the defendant called the Worcester Superior Clerk’s Office (criminal docket section) and requested the docket sheets that would include confirmation that the Re-file of the Defendant’s Motion for New Trial complete with all supporting transcripts and exhibits were received by the Court for review.

10. The answer was "No docket sheets". The Worcester Superior Clerk’s Office refused, at that point in time, to send this defendant the requested case docket sheets.

11. The defendant posted the Re-File information on his Web Site, www.massinjustice.org, so the over 100 readers per day to that Web Site www.massinjustice.org can be further informed of the Scandalous developments in the Massachusetts Judiciary.

12. In March of 2014, the Defendant, again, called the Worcester Superior Court Clerk’s Office and was, as a result of this second request, sent the docket entries dated 3-31-14 for his case #93-0135.

13. On that docket sheet dated 3-31-14, docket items #49 and #50, dated 6-21-13, indicate the only activity since 2003.

14. Docket items #49 dated 6-21-13 record the filing by the Defendant of his Motion for New Trial with Memorandum and Affidavits. Docket item #50 records an Amended Claim to the Motion for New Trial?

15. Compare docket entry #49 to the comparable docket entry #26 of 7-6-93 when this defendant originally filed his Motion for New Trial, the descriptions are not the same, although the same identical pleadings and supporting documentation were submitted.

16. The description of docket entry #49 does not confirm the receipt by the Court of the 5 Trial Transcripts of case #93-015 of the trial of 6-28-93 through 7-2-93, the Grand Jury Transcripts that record the impairment of the Grand Jury Process that caused the indictment and resulting trial #93-0135, and the Probable Cause Hearing Transcript of the same case dated 1-20-93. Nor does docket entry #49 indicate receipt of the supporting Exhibits to the Memorandum in Support of Motion.

17. The description via docket entry #50 indicates the Court has possession of an Amendment, however, this moveant/defendant has no record of sending an Amendment to the Motion for New Trial Re-file at June of 2103. There was a "Memorandum of Procedural Background sent."

18. On 4-4-14 this defendant attempted to expeditiously resolve these issues, as above, by phone with Worcester Superior Court Clerk’s person identifying herself as "Kim". After a 15-minute alleged search for my filings docketed on 6-21-13 Kim claimed "they arn’t in the cellar", "so the judge must have them". "Kim" continued that, "if the judge has them everything must be there", but could not verify and would not confirm in writing or via documented docket entries. This defendant informed "Kim" that due to the possible inaccuracies he would motion the Court.

19. "Kim" of the Worcester Superior Court Clerk’s Office ordered, "you can't motion the judge."

Wherefore,

The defendant motions the Court to confirm that the Court has possession of the 5 Trial Transcripts of case #93-135, and the Grand Jury Minutes that resulted in the Indictment causing #93-0135, and the underlying Probable Cause Hearing Transcript, and the Exhibits in support of Motion Memorandum. All as sent by U.S. Certified Return Receipt Mail in June of 2013.

Also, please describe the Amendment itemized per docket #50.

Also confirm receipt of the "Memorandum of Procedural Background."

Please see the left hand red margin of the Web Site www.massinjustice.org for the Motion for New Trial, Memorandum in Support, all transcripts and exhibits of the above docketed case to insure the Court was forwarded all proper documentation.

If the Court believes it is missing any of the documents this Defendant Re-filed on about 6-21-13, please request anything the Court does not have in possession for review of this Defendant’s Motion for New Trial.

Also see the defendant’s original Certificate of Service with 6-21-13 Re-file of his Motion for New Trial with corresponding U.S. Certified mail receipts.

This document and all Re-file of Defendant’s Motion for New Trial will be posted to the Web Site, www.massinjustice.org.

 

 

Michael Elbery, 4-8-14