UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK. JABBAR COLLINS, Plaintiff, : Index No. -against- THE CITY OF NEW YORK, MICHAEL F. VECCHIONE, BRIAN MAHER, STEPHEN BONDOR, SHOLOM TWERSKY, ANTHONY D’ANGELO, MELANIE MARMER, MORGAN J. DENNEHY, VIRGINIA C. MODEST, and JODI MANDEL, as employees of the Kings County District Attorney's Office and Individually, and VINCENT GERECITANO and JOSE R. HERNANDEZ, Individually and as Members of the New York City Police Department, Defendants. COMPLAINT JOEL B. RUDIN, ESQ. LAW OFFICES OF JOEL B. RUDIN 200 West 57* Street, Suite 900 New York, New York 10019 (212) 752-7600 (Phone) (212) 980-2968 (Fax) E-mail: jbrudin@aol.com Attorney for the PlaintiffNATURE OF ACTION..... JURISDICTION, VENUE, and CONDITIONS PRECEDENT. ‘THE PARTIES. ALLEGATIONS COMMON TO ALL CAUS A. B. TABLE OF CONTENTS OF ACTION... 12 The Crime and The Initial Investigation. Plaintiff's Arrest And Indictment. The District Attorney's Misconduct in the Period Before Trial 1. Edwin Oliva. 2. Angel Santos... 3. Adrian Diaz. Plaintiff's Criminal Trial... 3. Angel Santos. Plaintiff's Conviction, Sentencing, and Unsuccessful Appeals... 40 The Defendants Cover-up VECCHIONE’s Misconduc The False Denials of Plaintiff's FOIL Requests. 1. The Law Regarding FOIL Requests... 2. Plaintiff's July 1995 FOIL Request 3. Plaintiff's December 28, 1996, FOIL Reque 44 4. Plaintiff's August 1, 2002 FOIL Request...J K. Page 5. Plaintiff's May 1, 2005 FOIL Request. 6. The Documents That Were Wrongfully Withheld... Defendants Defeat Plaintiff's State Motion to Vacate His Convictior VECCHIONE’s False Statements Further Prolong. Plaintiff's Incarceration By Delaying Decision of His Federal Habeas Petition. The D.A.’s Office is Forced to Concede the Habeas Petition But Hynes Nevertheless Ratifies the Misconduct of His Employees... The District Court’s Findings Plaintiff's Damages and Injuries.. FIRST CAUSE OF ACTION (Malicious Prosecution Under State Law; All Defendants). . 61 SECOND CAUSE OF ACTION (Intentional Infliction of Emotional Distress Under State Law; All Defendants)... THIRD CAUSE OF ACTION (Abuse of Process Under State Law; Defendants Vecchione, Maher, Bondor, and City of New York).. 62 FOURTH CAUSE OF ACTION (Actual and Constructive Fraud Under State Law; Defendants ‘Twersky, D'Angelo, Marmer, Dennehy, Modest, Mandel, Vecchione, Hernandez, and City of New York). FIFTH CAUSE OF ACTION (Negligent Misrepresentation Under State Law; Defendants D’Angelo, Twersky, Marmer, Dennehy, Modest, Mandel, Vecchione, and City of New York}