dawn's autopsy
report
c.b. dee article
440 motion
post conviction
karen peterson
defendents reply
dna reargument
92 affidavit
g. lotto
judge stark
dna denied
leave to appeal
investigation into
suffolk county
barry springer
04 affidavit


Welcome to the Injustices of Amityville, a website that explores the Injustices of Suffolk County PD and the corruption within the 1975 trial, and the 1992 evidentiary hearing of Ronald DeFeo jr.

**CASE FILES**

In 1990 Ronald DeFeo filed suit in the Supreme Court of New York for DNA testing. Ronald submits reference to the blood on a jean jacket and jean pants, which stemmed from police brutality when arrested. During the pretrial-trial stages, Detective Rafferty already a target of the state crime commission for improper conduct in homicide case investigations, along with the prosecutors office, deliberately switched clothing from what Ronald was wearing, to clothing found in a storm drain in Brooklyn, New York and introduced into trial these two pieces of evidence and interpose the evidence as though the blood stains contained on the jacket and pants was the blood from the victims of the homicide. This DNA testing constitutes newly discovered evidence to confirm the blood was Ronald's and not the victims.

Now, concerning the factors that Dawn DeFeo had a dispute with the family, wanting to go with her boyfriend and how Dawn's hatred grew rapid enough to lash out against the family with revenge and evilness from drug usage which created an abnormal behavior of negativity within her, and how Dawn, her mother and father fought and argued the week-end before, the day before and the day of the murders, and how Dawn grabbed a butcher knife and tried to kill her father.

The powder burns connected with Dawn also shows factual proof she fired the gun claimed to be the murder weapon. Ronald submits the powder burns on Dawn's nightgown or pajama suit constitutes newly discovered evidence likewise, and a hearing has to resolve this three step dispute of the facts.

On October 9, 1992, Ronald writes to Judge Stark about Karen Peterson and Barbara Rose. Quote "Your Honor has in his possession all of the moving papers pertaining to the 440 motion. On these moving papers Ms. Petterson, A.D.A. stated on two separate occasions under the penalty of perjury that the "Evidence" (clothing) was "Destroyed."

Shortly after the above, an attorney by the name of Dennis O'Doherty, discovered the clothing in question on or about August 21, 1992. Karen Petterson, who sent letters to Ronald, Mr. McGuinness, and the Courts, apologizing for her error and that in fact the clothing in question had been found. With the "Newly Discovered" evidence, Gerald Lotto, Ronald's appointed attorney submitted a notice of motion, affirmation, sworn affidavit of the defendant and notice of motion for reargument of prior motion for DNA testing, and affidavit in support of motion for reargument of motion for DNA testing dated June 10, 1992.

Angela Brigante, Ronald's grandmother, gave Gerald Lotto ten thousand dollars which was placed in an escrow account to pay for all testing so there would be no expense to the County of Suffolk. The decision of Judge Stark dated November 24, 1992, denying the DNA testing is ludicrous as Judge Stark states, "Detective Dennis Rafferty testified at the defendant's trial that the defendant made an oral confession to him, stating that Ronald picked up a shell casing which was in a pool of Allison's blood and wiped it on his pants leg". The above statement and the bloody clothing went together like day and night and this is how they used his clothing with his blood against him at his trial.

Now, one witness, Reverend McNamara, was not allowed to testify at the evidentiary hearing by Judge Stark. Reverend McNamara who saw Ronald prior to his leaving the home with Detective Gozoloff and Napolitino on November 13th 1974, said he saw no marks or cuts on Ronald's face. This was a crucial witness for the defense, as it would have shown, Ronald was severely beaten by the Detective's and claimed Ronald "orally" confessed to the entire murders of his family.

The Constitution of the United States clearly states that Ronald has a right to call his witnesses as this was once again the purpose of this hearing. Mr. Michael Ahearn, A.D.A., told Judge Stark a lie that this witness was NOT part of the moving papers.

The affirmation of Gerald Lotto dated June 10, 1992, (Exhibit"M"), paragraph 9, states in its entirety that Reverend McNamara is a witness in his case. Now once again, this is a part of Ronald's case and the moving papers and yet he was not allowed to call Rev. McNamara to the witness stand. Funny how this same Reverend was kept from testifying in the 1975 trial also.

Ronald's letter to Judge Stark of September 4, 1992, and his letter to Judge Stark dated September 26, 1992, and his letter to Judge Stark dated October 9, 1992, which all speak for themselves should show the court Judge Stark does not want the truth coming out in Ronald's case ever.

The addendum in itself has issues of law and findings of facts and for all of the reasons as stated and all of the exhibits which speak for themselves Ronald's application should be granted.

However; A decision was rendered in November which, among other things, denied the defendant the right to have DNA testing. The Courts then rendered it's denial stating "The defendant failed to state "When and Where" his arrest took place. It also states the clothing in question has been held for 17 years and not suited for DNA testing".

Christopher Berry-Dee, a Criminologist from England, interviewed Detective Dennis Rafferty in 1994 about this case. Rafferty stated to Chris, Quote "This stuff (clothing) will never see the light of day again, we'll make sure of that."

Suffolk County Police Department and Judge Stark's behavior from the outset is a damning indictment of the American Justice System. One may wonder with curiosity that this same Judge presided over the 1975 trial, and yet again in the 1992 evidentiary hearing. We feel this was Judge Stark's way of ensuring Ronald Defeo never receive a fair trial, even though many witnesses came forward ready to take a perjury charge for lying in the 1975 trial. By the evidence, it is obvious Judge Stark overlooked their affidavits, and still contends to his ruling in 1975, even though the evidence is overwhelming and could easily prove Dawn DeFeo had a hand in the murder of her family, and Detective Dennis Rafferty committed perjury in the 1975 trial.

Ronald DeFeo's attempt to obtain DNA testing to exonerate him of the crime of his younger siblings was denied on September 24th, 1993. Judge Stark and others are bound to continue the cover-up and corruption within Suffolk County PD, and their hope, this case is never re-opened again.

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