FROM THE DESK OF C. TATE GEORGE
Transcription
FROM THE DESK OF C. TATE GEORGE
Case 3:12-cr-00204-MLC Document 154 Filed 03/23/15 Page 1 of 8 PageID: 4157 FROM THE DESK OF C. TATE GEORGE 81-81 Vesey Street Newark, NJ 07015 1 Waterworks Road MCCI Freehold, NJ 07728 To: The United States District Court, 3rd Circuit Hon. Mary L. Cooper, U.S.D.J 402 East State· Street, 5th Floor Trenton, NJ 08608 March 17, 2015 RECEIVED MAR 2 3 2015 Chambers of Mary L. Cooper, U.S.D.J. RECEIVED MAR 2 3 2015 AT 8:30 ~ WILLIAM T. WALSH CLERK Re: NEW MOTION BEING RESUBMITTED FOR CONSIDERATION BY THE CO iRT FOR IMMIDIATE BAIL Your Honor, Respectjitlly, after receiving the computer filing from the clerk office from your Com I at MCCI last week) .that ~y Dec~~ber 5th 2015 letter req~est~ng bail consideration recently pu \ before the Court IS going to be discussed (and after revzewzng my former attorney's submissi 'n for bail that was rejected and never heard by the Court); I decided to rewrite and resubmit a 1~w formal motion for my request for bail to the Court. Please see the attachments of my newly submitted motion for bail consideration to the Court in hopes t.hat we can not only address th s issue ASAP but, that if the Court agrees at the next status conference hearing with the Court; then the Court can act on the bail motion put before the Court on the 25th of March 2015 stat 1 _, . conference hearing at 3pm. l Please take note: I have been housed at MCCI for the past 16 months with many fed i~ inmates with multiple gun related crimes and charges (including attempted murders) and I numerous drug related crimes and charges (including selling to minors) and they have ALL received some form of bail offer after admitting they are detriment to the community at large because, they decided to cooperate with the Government. As a matter of TRUTH, I do not h~ iVe any (NONE-NOT ONE) previous crime coll1111itted, social media connections or websites promoting myself; (in spite the Governments false claims ihat I somehow used my fame to lw e former athletes into investing with me and/or my PHONY businesses and companies-which • 1e now know was/is a·lie hv the Government). This concept planted by the Government to the 1 Case 3:12-cr-00204-MLC Document 154 Filed 03/23/15 Page 2 of 8 PageID: 4158 Court and jury at trial when it comes to me hurting the community at large for the work tha~I am still currently doing is un. founded and baseless on merit alone, disrespectful at the core of thl. ir deceitful repeated false claims and a blatant lie against me. (To not offer me some form ofb iJ while we work through the sentencing process is extremely hard to imagine after all that ha been brought to light with overwhelming new evidence presented to the Court)! The Government's statements that I am some kind of a flight risk and need to be held longer in j i is a crime by itself and this needs to be addressed by letting me go home so, that we can handl his wrongful conviction and sentencing process the right way. If the plan by the Government and/or this legal system; is to have me sit in jail until I agree to give up my fight of innocence and/or accept a conviction of a crime that was never committed, then the Government has a better chance of me dying in jail first; before that ever happens! Thank you in advance, for taking the time again to read this letter, "New Motion fo Bail" and the attachments that accompany this motion. I ea erl look forward to roceedin ·~. our Court room with ho es that we can finall -finall move this rocess forward in a time manner to a conclusion because this has s assed the oint of "Ridiculous" which it has t ,. n almost 17 months without a conclusion of sentencin our Court of the e false charges! !tl CC: Mr. Zach Intrader (US Government) John A. Azzarello Esq. (appointed stand by attorney) Mr. Eric Holder (US Attorney General Office DC) The George Group Board Members Associated Press/Media Jonathan Billups (paralegal) Case 3:12-cr-00204-MLC Document 154 Filed 03/23/15 Page 3 of 8 PageID: 4159 IN THE UNITED STATES DISTRICT COURT District of New Jersey CASE NO.: 12-204 MLC UNITED STATES OF AMERCIA CRIMINAL ACTION Plaintiff Date: March 25, 2015 v. HON. MARY L. COOPER, U.S.D.J. C. Tate George CERTIFICATION IN SUPPORT OF BAIL MOTION Defendant I C. Tate George (going prose') do hereby certify as follows: 1) Bail in Federal Criminal Court is governed by the Bail Reform Act, Chapter 207 of 18 of the United States Code (that is, 18 USC 3141-3156); 2) When arrested on federal charges, you will first be taken before a U.S Magistrate Ju e. At that time, not only was Mr. George berated and humiliated, he was called a liar repeated! , a thief, a ponzi schemer and that all of his businesses were Phony and/or real estate projects t~. e not real by luring other athletes to invest with him due to his fame as a former professional basketball player. This has now been roven to be a LIE b the Government and someo other than Mr. Geor e should be held accountable for such misconduct and false clai ~l 3) Given the pending motions previously filed on behalf of Mr. George, and the ·I 1 overwhelming NEW EVIDENCE now submitted to the Court, Mr. George respectfully req st that he be released without conditions pending sentencing of any new dates to which he anxiously awaits to attend and defend his "good name."; 4) Given the elongated timeline of this sentencing process due to "Newly" presented evidence to the Court (left out of the trial purposely by the Government and former Defense Counsel-showing major ineffective assistance of counsel among other things) and Govemm nts delays due to now claiming undue burden on the Government (by way ofwanting to now ha · I Case 3:12-cr-00204-MLC Document 154 Filed 03/23/15 Page 4 of 8 PageID: 4160 call-in status conferences & not in court status conferences as the Government has alread agreed to in open Court in front of the Judge, new trials pending that could last 3 months o11 more per trial & heavy work load and/or maternity leave issues with the Prosecutors assign ~f to the case) and stall tactics to make Mr. George sit in jail longer (while being unjustly held wi out proper due process) to not allow the Court to address the new evidence before the Court; 5) Given that Mr. George is NOT a flight risk and is in the middle of trying to show th Court that there was "NO LOSS" to alleged victims and/or a crime; to have better preparatio . f a potential evidentiary hearing to come if granted by the Court; handle IMPORTANT outstanding business civil suits/claims now filed by Mr. George that would protect investors/alleged victims that are owed monies for the Court to consider, easily recognize shown there is NO loss to anyone as well as, Mr. George has now shown that he will not negatively affect any of the Government alleged victims; 6) Given that Mr. George is trying to complete a "Forensic Accounting" per the Co permission to provide as New Evidence to the Court, with Mr. George out on bail he can as i. tin trying to bring down the cost of the forensic accounting service fees which would help the durt finish this process ASAP if the Court chooses to not use the internal forensic accounting do .. by Mr. George and his team again, per the wishes of the Court; 1 7) Given that the Government is having a hard time scheduling consistent regular Co dates to move this sentencing process forward in a timely manner and are now only are hav in Court status conference meeting on average every 30 days and now requesting status confe ces 1 to be done by phone; when the court made it very clear now that Mr. George is going pro s , hat due to his incarceration, the Government must attend all status conferences in person per th I Court's direction; 8) It is respectfully submitted that Mr. George's release from MCCI and HE will assure liis appearance in Your Honor's Court whenever that his release "WOULD IN NO WAY" end the safety of any other person and/or the community at large; It is respectfully submitted that unless Your Honor determines that Mr. George to be 9) flight risk or danger to the community (which he is not), Your Honor should release Mr. Ge on his own recognizance or upon execution of an surety of property that Mr. George had on before (See attachment of bail stipulations by the initial appearance Judge Schwartz). s undisputed that he has waited over 525 days in incarceration to clear his name; 10) It is respectfully submitted that Mr. George's once given the guideline credits by la . f the alleged victims of the charges in the criminal case; the Court will see that Mr. George h · now outlived the time of the federal guidelines of "give or take" 15 to 18 months (and any further time sitting in jail while the Court reviews all of the "New Evidence" left out of ~~~e trial and out of the sights of the grand jury, trial jury and Court, now presented to the Court 1 by Mr. George exclusively, in which about 8% OF THE NEW EVIDENCE came from II id J Case 3:12-cr-00204-MLC Document 154 Filed 03/23/15 Page 5 of 8 PageID: 4161 Shafer's files, handed over to Mr. George per the Courts directions once Mr. Shafer was removedfrom the case for ineffective assistance of counsel and about 90% OF THE NE r EVIDENCE came from the disc/evidence the Government has had the entire time which 'b 1 LAW is a crime in itself) would be a further crime against Mr. George by not granting him . i1 immediately; Other Release Conditions for Your Honor to Consider: 11) For Mr. George to remain in custody of a designated person who agrees to assume supervision (for example, remain in the custody of his fiancee and their home in Queens Ne York and/or his mother's home in Newark New Jersey as was for pretrial for 2 years prior trial); 'J 12) Abide by specified restrictions on personal association, places to abode, or travel (fi. fr example, live at a certain address and not travel outside the Court's district and/or the Zoe 1 metropolitan area without written permission-consent of the pre-trial services department rl Newark, New Jersey as was for pretrial for 2 years prior to trial); 1 13) Report regularly to a designated agency and was compliant at all times (for exampl report to pretrial services as on a needed basis determined by pretrial services as was for pretrial for 2 years prior to trial) The previous pretrial-probation person of record in theN ark office on Mr. George's case was Rich Antonison and his contact information is (973) 297- ~h3 (direct office number) and (973) 645-2230 (general office number); 14) Refrain from possessing a firearm, destructive device, or other dangerous weapons (defendants are commonly ordered not to possess any firearms or stay anywhere thatfirea ·ms are kept); 15) . Refrain from excessive alcohol, or any use of a controlled substance without a prescription; 16) Execute an agreement to forfeit property upon failure to appear (for example, pro forfeit a real estate property used as surety if he does not appear in Court at the appointe as was for pretrial for 2 years prior to trial); 17) Work closely with the Court and pretrial services on ALL ongoing real estate and I consultant projects as well as outstanding civil claims filed still in progress to assure that I :I ers are not affected negatively and funds are being repaid to the investors per the wishes of th · Court and Government; Case 3:12-cr-00204-MLC Document 154 Filed 03/23/15 Page 6 of 8 PageID: 4162 18) Satisfy any other conditions that is reasonably necessary to assure Mr. George's appearance and the safety of the community (for example, electronic monitoring and surrenrer ofpassport "which has already be surrender''); Respectfully, the defendant avers that ONLY if Your Honor determines, after a dete tion hearing that no condition or combination will reasonably assure Mr. George's appearance the safety ofthe community, Your Honor should order him detained at this juncture. More importantly, Mr. George is essential to meet with the a forensic accountant(s) to demonstr It that "NO ASCERTAINABLE LOSS" exists in this case thus NO damages and NO alleged victims, set up as many as 30 witnesses for a potential evidentiary hearing to come if the C uirt grants one (keeping in mind that the Court denied Mr. George of his rights to see all the j Governments evidence pretrial at the fault of the Public Dependents Offices and attorney tvid Shafer and the withholding of evidence by the Government), means to NOT cause a further I undue burden on the Government as they continue to claim in Court and also make it easie for the Court to take its much needed time to review all of the NEW EVIDENCE resente I o I f! the Court as we near future. -ve .. I I 1 Mr. George's prior bail was set at $250,000; given all the NEW EVIDENCE and obvious prosecutorial misconduct in the case at bar, Mr. George respectfully request that s dh amount be drastically lowered and he should be releases ROR with an ankle bracelet if thi Honorable Court is so inclined. I understand that the following certification is made under the penalty of perjury d if any of my statements are found to be willingly false, I am subject to punishment by the Co· -· \.c:~f~~ C. Tate George (Pro se'/Pro per) Case 3:12-cr-00204-MLC Document 154 Filed 03/23/15 Page 7 of 8 PageID: 4163 IN THE UNITED STATES DISTRICT COURT District of New Jersey CASE NO.: 12-204 (MLC) UNITED STATES OF AMERCIA CRIMINAL ACTION Plaintiff Date: March 25, 2015 v. HON. MARY L. COOPER, U.S.D.J. C. Tate George ORDER FOR BAIL Defendant I BE IT ORDERED on this _ _ day of _ _ _ _., 2015, for the reasons set orth by Mr. George going prose', the reasons set forth on the record and for other good causes per the bail request; 1) Defendant, C. Tate George is hereby granted bail pending the finality if this acti based on the following certain conditions. HON. MARY L. COOPER, U.S.D.J. 0204-MLC Document 154 Filed 03/23/15 Page 8 of 8 RECEIVED MAR 2 3 2015 Chambers of Mary L. Cooper, U.S.D.J. ~I ~~ ~· ~· ~ V\ ~. ~ "" ~ ~ ~t~ ~ Cj ~ " r 0'~ ""· ~ r ~} '\) M \) ~ 0 ~~ ~ ~~ '"'~ ~\ ~· ~ ~ ~ """ ~ <-) ~ ~ ~ ~ (\•