DESIREE YAGAN desireeyagan@gmail.

com
PO Box 645 Dewitt, New York 13214
(315) 440-6133

June 30, 2016

Revised July 5, 2016
Certified Mail # 7013 3020 0000 4551 7240
Judge Norman Siegel Oneida County Supreme Court
207 Genesee Street Utica, New York 13501 PREET BHARARA US ATTORNEY SONY
via email: preetbharara@usdoj.gov
Certified Mail # 7013 3020 0000 4551 7271
Asst. New York Attorney General J. Williams
Utica Regional Office Utica, NY 13501

*Notice to Asst NY Ag in Charge: Former ADA Christopher Schlecht employed at this office is implicated
in Perjury (Filing a False Affirmation) & Conspiracy to conceal malicious prosecution. Unable to proceed
to trial against Pro Se defendant did invoke CPL 730. Reason: DYagan's Omnibus Motion for HEARING on
False Statements in Answering affirmation and No Probable Case. Filed May 30, 2002 and granted.
Hearing would reveal false arrest, Perjury & Collusion, (i.e. ADA Christopher Schlecht discusses legality
of traffic stop by OCSD Deputies citing People v Ingle. 36 NY 2d 413. Onondaga County DA's office
prosecuted a case with no victims and no crime. Cpl 730 invoked after my request to proceed pro se was
granted in Town of Clay. *At unknown date ADA Schlecht "retires" DA office. For NY AG Office Utica.

This is Formal Notice of Reconstruction Hearing and 440 Motions. On July 2, 2002 Judge David Gideon
issued a Temporary Order of Observation. Based on 730 reports alone and preempted 730 hearing set
for July 9, 2002. In violation of procedural requirements under CPL 730.40. Evidence and testimony will
confirm remand w/o hearing into custody for Temporary Observation and transfer to CNYPC one week
later violated all strictures of due process. EVIDENCE INCLUDES: Records by Onondaga County Jail BHU,
Oneida County Supreme Court and Certificates of Disposition from Town of Dewitt and Town of Clay.
(5) Certificates of Disposition with (3) Clay Town Court Case History Reports (attached). Temporary

Order of Observation applies to Felonies =>Not Misdemeanor (New York CPL § 730.40).

Dear Judge Siegel,

On May 18, 2016 I sent 5 page fax to your chambers. Stated my file was alarmingly sparse. That records I
recall and believe must exist were not found, Index No. MH-02-1025. Include required forms and court
orders pursuant to CPL 730.40. RECUSAL by Judge Robert F. Julian and DYagan motions and affidavits
filed pro se Not found.

Reconstruction Hearing In Interest of Justice Page 1 of 4

No Subpoenas found re: Hearing conducted on My Motion for Hearing on Assault and battery by CNYPC
inmate Coreena Ward on Aug 16, 2002.

No record of my motion for Hearing on Dr. Nancy Pena injecting Neuroleptics after assault - instead of
hospitalization for injuries. Apparently CNYPC protocol to avert civil liability for inmate's assault. Effort
to portray unprovoked attack as an altercation.

MOTION FOR RECONSTRUCTION HEARING

IN THE INTEREST OF JUSTICE

I hereby inform the court I am preparing papers for reconstruction hearing. Interest of justice mandates
Hearing based on Dewitt town court records and Certificates of Disposition and Court History Reports.

Background: On May 9, 2002 day before jury trial in Town of Clay, James McGraw my defense attorney
made sudden request to withdraw. Stated his client refused ADA plea offer of dismissal of all charges in
(3) cases Except Failure to keep right. Judge Gaiser granted his request. I requested to proceed pro se.

CERTIFICATES OF DISPOSITION TOWN OF CLAY COURT (ATTACHED)

• Town of Clay Docket No. 00070359 * July 16, 2000 {alleged hit & run) 3 kids call to 911
• Town of Clay Docket No. 01090070 Ticket Date: August 22, 2001
• Town of Clay Docket No. 01090325 Ticket Date: September 11, 2001

CERTIFICATES OF DISPOSITION TOWN OF DEWITT COURT (ATTACHED)

• Dewitt Town Court Case No. 02020377 Ticket Date: Feb 19, 2002 {Veh &Traf §511)
• Dewitt Town Court Case No. 02030145 Ticket Date: March 7, 2002 (Veh & Traf §511)

Fact. On May 9, 2002 Judge Gaiser granted my request to proceed pro se. But refused to allow me to
proceed as scheduled for the next day. On May 30, 2002 proceeding pro se I filed Motion for Hearing
on False statements (Perjury) in Answering Affirmation by ADA Christopher Schlecth.

Motion For Hearing granted bv Judge Gaiser. Two weeks later June 13, 2002 in Town of Dewitt court
on AUO 511 charges arising from pending charges Town of Clay =>ADA request 730 exam of D. Yagan.

Reconstruction Hearing In Interest of Justice Page 2 of 4

Judge David S. Gideon granted ADA'S motion for 730 Exam pursuant to CPL Article 730.

I REQUESTED a Competency hearing be scheduled. Competency Hearing was scheduled for July 9,
2002 by Judge David Gideon. Competency hearing is a non waviable and statutorily required once
invoked pursuant CPL 730.30(2). I proceeded with separate 730 exams. Proceeded with contentious
730 exams: Dr. Anthony Slavinsky and Dr. Dorothy Ward. Days later went to Dewitt court to pick up
copies of 730 reports. Court clerk tells me they are not in, But judge Gideon set a hearing July 2, 2002.

On July 2, 2002 I appeared at Dewitt Town Court for undisclosed reason. Present are Judge Gideon, his
court clerk (I recall) Kathy and my mother. Judge David Gideon says that he received the 730 reports.
Has decided "based on these reports" to remand me into custody for "Temporary Observation".

Unquestionably procedural requirements eviscerated. *See OMH Forms and CPL 730.40.

• Temporary Order of Observation applies to Felony charges.

• Final Order of Observation applies to Misdemeanors.
Procedures are distinctly different. CPL 730 must be strictly complied with.

I am remanded into custody on cpl 730.40 Temporary Order of Observation. Held in BHU July 2, 2002
for a week. On July 9, 2002 I am shackled and transported from Syracuse to Asylum For the criminally
insane, CNYPC. MHLS is directly implicated (apparently) fully aware and actively cooperated with DA
William Fitzpatrick. This conclusion based on CPI 730 procedure requiring MHLS notified of remand
and commitment. MHLS Director Emmett Creahan is directly implicated. Acting as my adversary.

DIRECTOR CREAHAN REFUSES TO PROVIDE COPY OF 2005 LETTER

DIRECTOR OF MHLS ASSERTS MY LETTER TO HIM IS A "CONFIDENTIAL RECORD"

MHLS Director Creahan Fourth Judicial Department refuses to provide me a copy of letter I sent him.
Absurdly asserts my letter sent after I was released from CNYPC was a "Confidential record". Tells me
I must obtain a court order for it. Preet Bharara US Attorney may issue a Federal Subpoena.

• COOG Advisory opinion. My letter to Director Creahan is not confidential record. (Attached)

DA William Fitzpatrick Onondaga County, Judge David Gideon, MHLS, CNYPC and numerous officials
knew this was not legal. Based on Article 730 of the criminal procedure law. False imprisonment in
asylum for the criminally insane is of constitutional magnitude mandating reconstruction hearing.

Reconstruction Hearing In Interest of Justice Page 3 of 4

Reconstruction Hearing is Constitutionally Permissible:

"Where contemporaneous medical evidence, affording "a plenary inquiry into [the] defendant's
competency" during the relevant proceeding is available (People v Hudson, 19 NY2d 137,140 [1967],
cert denied 398 US 944 [1970]; See People v Arnold, 113 AD2d 101,107 [1985]; People v McGill, 36
AD2d 827, 828 [1971]).

Certificate of Dispositions indicate cases involved traffic misdemeanor charges Not Felony. Certificates
of Disposition also confirm cases [ both] courts proceeded to trial after I returned. As occurs with
Temporary Order of Observation charges are only suspended not dismissed.

Town of Clay Certificate of disposition and records state dates of adjournments, date James McGraw
withdrew and I proceeded Pro se after James McGraw withdrew as my counsel May 9, 2002.

SEEKING JUSTICE, VINDICATION AND PROSECUTION UNDER THE FEDERAL CRIMINAL STATUTES

DESIREEYAGAN

RECORDS IN SUPPORT OF RECONSTRUCTION HEARING (ATTACHED)

ANSWERING AFFIRMATION OF ADA CHRISTOPHER SCHLECHT DR # 00-217853 (5 pages)

MHLS DIRECTOR CREAHAN LETTERS FEB 14, 2014 AND DEC 19, 2007. REFUSAL TO PROVIDE
COPY OF LETTER SENT AFTER MY RELEASE FROM CNYPC. ASSERTS IT IS "CONFIDENTIAL".
(5) CERTIFICATE OF DISPOSITIONS: (3) TOWN OF CLAY AND (2) TOWN OF DEWITT
LETTER TO US ATTORNEY PREET BHARARA. Sent SEPTEMBER 11, 2014 Certified Mail {8 pages)
Re: Corruption. Outlines False Arrests, Malicious Prosecution, Perjury and Conspiracy. Directly
implicating Onondaga County District Attorney William Fitzpatrick.

Reconstruction Hearing In The Interest of Justice Page 4 of 4