Copy of Affidavit by Criminal Defendant in Ex Parte Attachment and Forfeiture Action

First Published: 05/08/02; Last Revised: 05/08/02 at 08:15

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The following is a copy of an affidavit by the criminal defendant in support of his motion for various types of relief in the related ex parte attachment and forfeiture action.

Copy of Affidavit by Criminal Defendant in Ex Parte Attachment and Forfeiture Action

Index No. 01-00437
IAS TERM PART 5
Justice Robert W. Doyle

JURY DEMAND PURSUANT TO CPLR Section 2218

SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
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JAMES M. CATTERSON, JR.
DISTRICT ATTORNEY OF SUFFOLK COUNTY, Plaintiff,

-against-

RICHARD DOMBROFF, ADAM J. BLOOM, GERALD L. FILARDI, CLINTON T. HOLES, and DEUTSCHE-SWISS CAPITAL CORPORATION, Criminal Defendants,

and

HALF HOLLOW FUNDING, INC., GLF CAPITAL CORPORATION, AJ BLOOM, INC., CTH CAPITAL CORPORATION, and PATRICIA D. DOMBROFF, Non-criminal Defendants.

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AFFIDAVIT IN SUPPORT OF MOTION

I, Richard L. Dombroff, a defendant in the above-captioned proceeding, being duly sworn, does hereby depose and state:

1. I am a defendant in the above-captioned proceeding, am fully familiar with the facts stated herein, and make this affidavit in support of my motion for an order recusing the prosecutors, appointing a special district attorney, prohibiting destruction of relevant documents and delivery of such documents to the Clerk for re-delivery to the special district attorney; for an adjournment of the scheduled trial to permit me to obtain needed discovery which my prior attorney did not obtain; and for an evidentiary hearing and protective order relating to this motion.

2. Because of the 5th Amendment privilege against self-incrimination I am not reciting the facts which have resulted in this motion, but request an evidentiary hearing to testify as necessary with a protective order prohibiting use or disclosure of such testimony by me for other than purposes of deciding my motion.

3. I am representing myself in the related criminal proceeding at this time on a pro se basis, having discharged my criminal attorney (Peter Bongiorno, Esq.) for cause, for failing to obtain promised, essential, paid-for discovery in this matter and related criminal matter, putting me in the position of being unable to go to trial at this time (with trial scheduled for May 20, 2002), because of lack of attorney preparation and lack of funds (also because of my Mr. Bongiorno's failure to contest the attachment proceeding or ask for payment of moneys needed for defense, living and mortgage maintenance).

4. On May 1, 2002, I personally hand-delivered a grievance (letter dated April 25, 2002) to the Grievance Committee of the 10th Judicial District, located on Jericho Turnpike, in Syossett, New York 2nd Department, detailing in what ways Mr. Bongiorno had failed to provide me the proper and promised and paid-for legal representation in the above-captioned matter.

5. After delivery of the letter, I called Mr. Bongiorno and terminated him as my lawyer (something which I thought I had accomplished several days earlier). Mr. Bongiorno does not represent me at this time and would appear to be unable to represent me because of his liability to me for breach of contract, malpractice, and other types of claims.

6. I am actively seeking a criminal lawyer to represent me and Deutsch-Swiss Capital Corporation in the above-captioned criminal proceeding, and have a meeting with one candidate on Tuesday, May 7, 2002 (rescheduled from May 3rd).

7. I respectfully urge that my request for an evidentiary hearing be granted, to enable me, and other witnesses I plan to call, to tell the Court under oath (and under the requested protective order prohibiting use or disclosure of my testimony or other evidence or statements for purposes other than deciding this motion), to make a prima facie showing that the prosecutors have engaged in the activities alleged in my civil-rights complaint against them filed recently in the Eastern District of New York, Index No. 02 Civ. 2446, for which activities the prosecutors are liable (i) civilly for monetary damages to me and my family and (ii) criminally for violation of various penal statutes, as alleged in the complaint.

8. I respectfully urge that the motion be granted in its entirety.

Dated: May 6, 2002

__________________________________
Richard L. Dombroff

Subscribed and sworn to before me
this 6th day of May, 2002.

____________________________________
Carl E. Person
Notary Public, State of New York
No. 31-3068710
Qualified in New York County
Commission Expires 11/30/05



Copyright 2002 by Carl E. Person