I am re-posting this for easier reading. From the Desk of Mr. Vierra: Dear Ashlyn: “What a joke this guy is. I hope he just rots away.” Have you actually seen the evidence? This is part of what the United States Court of Appeals, Ninth Circuit, is reviewing for a ruling as we speak. The District Court in Tucson denied qualified immunity to any named in the lawsuit, after reviewing this Factual Evidence along with other evidence. Have a look-see. USCA No. 14-15650 District Court Case No. 4:13-cv-00771-TUC-DCB _________________________________________ UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT _________________________________________ JERRY VIERRA Plaintiff-Appellee, v. JAMES ALDO NUTI JR., et, al Defendants-Appellants _________________________________________ Appellee’s Reply Brief September 5, 2014 IV - Nuti Resigned - Brady File A - Appellant: James Nuti Jr. (Nuti) 16) Appellant: Now “Former” Cochise County Sheriff’s Office (CCSO) Deputy James Nuti Jr. (Nuti) resigned from CCSO for “Lying” in an unrelated matter that occurred July and August 2013, one (1) year after the July 7, 2012 CCSO Incident #12-10612 against Vierra. The later situation led to Nuti being placed in a Brady File at the Cochise County Attorney’s Office (CCAO); still Certified and Eligible for “Rehire” at CCSO? (District Court’s Electronic File, D.C.-E.F, Doc. 21, p. 5, # 19; p. 9, # 36, Doc. 21 Not Transferred) Not my imagination that Nuti is in a Brady File, and his testimony is no longer credible, because he got caught LYING: From: McIntyre, Brian Sent: Tuesday, October 08, 2013 9:51 AM To: Larson, Joel; Suagee, Mark; Higgins, Mark; Hunley, Amy Subject: Addition to Brady list - James Nuti Please be advised that our office now has a Brady file on James Nuti, who recently resigned from CCSO, the material indicates credibility issues. He is unlikely to be used as a witness for the State in the future. Brian M. McIntyre Cochise County Attorneys Office Violent Crimes/Drug Unit According to Ashlyn Tasch, Nuti never lies: Mr Vierra he pulled a gun on an officer when asked to not walk the wrong way on the side of the road. The officer said we clear? He pulled his gun and said we clear now mother f***er and ran. Then he pulled it on a second officer who located him and he ran... He is a terrible horrible person.... How anyone even believes half the crap he says is just astonishing. And, Ashlyn Tasch Rick Wrobel this is what you get when you encourage a liar.. It is not bashing it is stating the truth... Lets look at the Facts set before the Ninth Circuit: V - CCSO’s Incident # 12-10612 - River Area of Hwy 82 - 9:43 AM A - Appellant: James Nuti Jr. (Nuti) 17) July 7, 2012, 9:43 AM - 12:57 PM, Nuti falsified a radio transmission to CCSO’s dispatcher and later falsified his report. (ER-054-55, #’s 31-40) 18) July 7, 2012, 9:43 AM - 10:22AM, Nuti spoke similar words to these over CCSO’s radio, which was found written on CCSO’s Facebook page: “Deputy was patrolling the area…on State Route 82…Deputy observed a male…standing on…side of road, armed with…a handgun…Deputy Advised …Male…Pointed…weapon at him…once…Deputy stopped…returned to area …man had fled into the desert.” Deputy Advised: Verbally Communicated. (ER-054-55, #’s 35, 37, 39; ER-056, # 44), Nuti: “I Advised CCSO Communications …” (App. 1, p. 2, par.1) 19) July 7, 2012, 12:57 PM, Nuti admitted in his report, he falsified the information he conveyed to CCSO’s dispatcher: “…As the Male Did Not Point the firearm at me, it was decided to monitor the area…” (Exhibits provided to Appellants in the S.A.C.). 20) July 7, 2012, 12:57 PM, Nuti wrote another and completely contradictory statement of what he claimed he observed the male do, presented in pertinent part: “I observed a male…walking…on the white fog line...I turned my patrol vehicle around…approached him…stated...please don’t walk on the roadway…I accelerated away…and observed him…remove the revolver…from his waist band…he pointed the firearm towards the ground…” (ER-055, p. 57, #’s 36, 38, 40 - App. 1, p. 1, par. 2-3) 21) Nuti intentionally fabricated two statements to frame Vierra for a crime he never committed at the river area of Hwy 82. 22) This Court held in Gantt v City of Los Angeles, 717 F.3d 702, 707 (9th Cir. 2013), …deliberate fabrication of evidence claim under Fourteenth Amendment. Devereaux v. Abbey, 263 F.3d 1070, 1074-75 (9th Cir.2001): We held that there is a clearly established constitutional due process right not to be subject to criminal charges on the basis of false evidence...deliberately fabricated by the government. 23) In Gantt, at 707, Fabrication means creating something in order to deceive. Gantt, at 711, the due process violation consists, essentially, of creating false evidence to frame someone for a crime...We deemed such fabrication comparable to knowing use of “perjured testimony,” the subject of the Supreme Court decision in Pyle v. Kansas 317 U.S. 213 (1942). 24) In Devereaux, supra, at 1075: Under Pyle v. Kansas, at 216…we find that the wrongfulness of charging someone on the basis of deliberately fabricated evidence is sufficiently obvious, and Pyle is sufficiently analogous, that the “right to be free from” such charges is a constitutional right. So where are your arguments again Ashlyn? Further, if the 9th agrees with the evidence, are you going to call them liars also? :)
Posted on: Fri, 24 Oct 2014 19:09:54 +0000
Trending Topics
Recently Viewed Topics
© 2015