Fifteen years after my conviction a friend of my brother name Vahid and his wife showed interest in my case, invested time and money to make a documentary about my case highlighting how people from the East are being persecuted in America and are imprisoned without proof. He explained that he knew people abroad who were interested in cases like mine that exhibits clear violation. I agreed and authorized him to work on my case and do everything legal to complete this task.
As part of his investigation, he began finding and speaking to witnesses in my case. According to Vahid, he found Mr. Miata, the owner of the mechanic shop who was police's chief witness and spoke to him. when Miata was informed that police lied to him and no human remains were found in his shop and that police lied to the people in the neighborhood about finding human remains in the shop to ensure his business went down and he became my enemy and turn against me which he did. Mr. Miata, after demanding to look at the case files and consulting with his own private attorney had expressed how sorry he was to falsely testify against me and that he was misled by the prosecutor.
In court, since there were no proof that I or my people had anything to do with sending money to witness. The Queens District attorney played another game and instead of producing Miata back in Court to verify who was sending him money, they secretly took him to a police station in Florida and had him testify via SKYPE while Miata'a attorney was sitting in Court in Queens New York. The DA's office did not notify the Court that Miata was testifying from a police station and was surrounded by members of Queens DA's office until they got caught. They had pressured the old and intimidated lonely man into making accusations against my people alleging that he was receiving money in exchange for his confession. But while he was testifying, my attorney and the judge himself caught him looking to his right at a blind spot of the SKYPE camera and we all learned the the lead case detective was whispering answers in his ears. (see, transcripts of that hearing, 2017. page 155, 170,171, 185,186)
Consequently, as you're reading this you must be convinced that every accusation about witness bribery made in Court were a means to defeat my motion and keep me in jail. I ask you to imagine -- if police can whisper into witness ear in open court with complete disregard to the judge, law and order, what they refrained from doing when they were among themselves plotting to set me up for a conviction. Do you believe me now? If you do, please have a powerful politician get justice for me because the New York judges work for them as proven by the case of Torres v. New York Board of elections. Eastern District of New York.
If you are wondering what these judges who were made privy to police and prosecutorial misconduct did for me. The answer is, nothing.... they went along with them and told me in their own fancy words -- it doesn't matter who sent money, as long as money was sent that is enough for us to deny you. Is this justice? I proved that the DA's office with the help of Vahid sent money and police were caught whispering into the witness ear and I'm still locked up when the evidence I presented, at a minimum required a new trial. (see, Federal Court's second denial when I sued the lead detective)
Soon Miata and his attorney contacted my brother and his attorney asked for a complete case files which my brother sent to his lawyer. After conducting his own review of the case and interviewing Miata and confirming that there were no body parts found in the shop as the police misinformed Miata to gain his cooperation, attorney emailed his opinion to Miata's family attesting Miata was the victim of police abuse leading to his false testimony at my trial. (see, attorney's mail to Miata's family and his opinion about Miata having been misled by the prosecution).
Attorney sent his conclusions of facts based on Miata's statements directly to him and all the relevant record and demanded his fee from Miata. His family in turn sent the bill to my brother which was over 30,000. But before my brother could apply for a loan, I consulted with my own attorney and other attorneys some advised me to pay Miata's attorney's fees but another attorney advised me against it stating that courts view money transactions with utmost suspicion. I decided not to get involved with Miata and his lawyer's dealings. Attorney was upset because Miata had no money and we were not going to pay his bill. Attorney made threats to sabotage the case if he didn't get paid. But we declined. Miata continued calling Vahid and my brother, claiming he won't live long wanting to get the record straight and his conscious cleared. we directed him to my then former attorney. Subsequently, Miata contacted my attorney and gave him a sworn statement and told the Truth. ( see, Miata's sworn affidavit dated after he had met with his own attorney and claimed the same)
Attorney Jonathan I Edelstein petitioned the Court and we were granted an evidentiary hearing in September of 2017. At the hearing, Miata's recantation were fully corroborated by the government generated documents outlining the equipment layout of Miata's shop and the positioning of the shop equipment as they were back in 1999. Substantiating that no catch basin existed in the shop and there was a parts washer and an air compressor that made noise rendering witness' claim of overhearing a Farsi conversation -- as alleged by prosecutor witnesses -- without merit. Miata also testified to the existence of an alarm system that refutes police theory of me chopping a body in the shop. If i was at the shop after the normal business hours and throughout midnight without Miata calling and informing the alarm company getting pre-approval, the alarm would have gone off and police would have shown immediately. Miata, a 75 years old, overweight, wheel chair bound witness did not completely give into the prosecution's threat of perjury on cross examination but at times got confused. Nonetheless, he stood firm on the issues that were the crux of this case. More importantly, the government generated documents supported his recantation of his trial statement. (see, attorney Edelstein's 10 page memorandum of law filed January 3, 2018.)
The information provided by Free Farid Popal is for general informational purposes only.