Ronald DeFeo has filed an appeal with the US District Court, Southern District in New York. Ric Osuna has stated the Court has found that the accusations against him were without merit and has summarily dismissed the case. No where in the order of dismissal from Judge Preska does it state the Mr. Osuna has been exonerated, and that Mr. DeFeo's claims were merit-less, or the court has certified his work to be true, which is exactly what he is declaring on his website.

On October 17, 2005, the Hon L. Preska issued her endorsement in this matter, stating:
   "....to the extent that Mr. DeFeo seeks to assert fraud claims against Mr. Osuna, none is asserted in the present pleadings. Mr. DeFeo has not articulated any basis for such a claim, and the documents attached to his September 27 response do not disclose a basis for a fraud claim. Accordingly, permitting amendment would be futile."

The Hon L. Preska has essentially stated in her denial that there are no allegations of fraud asserted in the present pleadings and that Mr. DeFeo has not articulated any basis for such a fraud claim. Mr. DeFeo has steadfastly alleged fraud in his claims and pleadings. In fact on February 12, 2003 in his initial complaint in this matter, Mr. DeFeo alleges that:
   ".....Defendants caused immediate and irreparable injury, loss and damage to plaintiff by writing, publication, distribution and sale of "The Night the DeFeo's Died." wherein a fictional account of plaintiff and others depicted in said book, are promoted and exploited by Defendants claiming that the book is a "true and accurate" representation in all facets."

The above paragraph most certainly lays heavy groundwork for a fraud claim. Ironically, it is the first paragraph after establishing the venue for this action. Paragraph 6 on the same page states that Mr. Osuna was perpetrating a fraud due to his knowledge that what he was espousing as true in order to get published and a movie contract, was in fact totally false.

One of the main fraud allegation complaints is that Mr. Osuna presented himself to Barry and Traci Springer who are Plaintiffs best friends that he was there at their home to look at documents because Mr. Osuna alleged that he was an investigator for Mr. Barry Scheck of the New York Innocence Project. Mr. DeFeo not only articulated his claims of fraud from the inception of this action, but he fully supported his allegations against Mr. Osuna with multiple exhibits that clearly showed that Mr. Osuna was well aware of the fact that Ms. Geraldine Gates was not in fact Mr. DeFeo's wife in 1974 and that they did not have a child together.

Unfortunately, in his prior pleadings, Mr. DeFeo did not actually structure his pleading into readily identifiable causes of action. But it seems that the Hon. L. Preska was able to interpret his requests and pleadings before hand. Again it seems that the court was able to clearly ascertain exactly what relief Mr. DeFeo had asked for and proven his case for. Mr. DeFeo must ask how the Court was not able to clearly see the allegations of fraud and the evidence of fraud. The Court even cited in the dismissal that Mr. DeFeo was claiming fraud.

Furthermore; Mr. Osuna had actual knowledge of this as Mr.DeFeo informed him in person and in writing that Mrs. Geraldine Gates was a liar and a fraud, and she was just out for financial gain. Again, it was clear that Mr. DeFeo was able to prove the facts of fraud which he alleged in the complaints and his supporting papers and he is entitled to some form of relief. Geraldine Gates is a bigamist, a liar and a fraud and she has conspired with Ric Osuna in perpetrating a fraud upon the public.