G. Deputy Telatko’s Actual Suppression Testimony
Was
Deliberately Deleted From the Record.
Following the line of questioning at Page 179, defense
counsel asked Deputy Telatko to specify the precise criminal offense for which
he had arrested Defendant on the date of the purported “incident.” Deputy Telatko, the arresting officer, could not identify the specific offense
giving rise to Mr. Hartman’s arrest.
Instead, Deputy Telatko testified, “We
arrested him until we could sort it out later.”
Clearly,
Deputy Telatko did not have probable
cause to arrest Mr. Hartman when at the suppression hearing, even after more
than three months following the arrest, he was unable to specify the precise
offense for which he arrested the Defendant.
A complete, thorough, and diligent review of the transcript
of the suppression testimony of Deputy Telatko has revealed that Telatko’s
testimony, “We arrested him until we
could sort it out later,” has been deliberately and unlawfully excised from the transcript.
After Mr. Hartman alerted the trial court of this fatal defect in the State’s case in his Motion for Acquittal at Page 4, filed
with the trial court on November 23, 2009 (a full 13 months prior to the time
the court reporter filed the corrupted transcript,) specifically that the State
had failed to establish probable cause for the arrest of the Defendant, Judge
Collier took measures to delete Deputy Telatko’s actual testimony from the transcript.
Mr. Hartman’s November 23, 2009, Motion for Acquittal, at Page 4 expressly provides:
Nevertheless,
according to arresting officer Frank Telatko, they decided to arrest Mr.
Hartman, take him to jail, and “sort it out later,” although they made
absolutely no effort to sort out the truth of Kim Leighton’s false alarm. In
violation of 2917.32.
Once again, Defendant’s Motion
for Acquittal provided a roadmap for Judge Collier to the precise location
in the transcript that he needed to
alter in order to deprive Mr. Hartman of a fair hearing on appeal. When the Judge deliberately and unlawfully
materially altered Mr. Hartman’s transcript, however, the judge overlooked the
fact that Mr. Hartman had previously memorialized the suppression hearing
testimony of Deputy Telatko in his Motion
for Acquittal.
A copy of Mr. Hartman’s November 23, 2009, Motion for Acquittal, Page 4,
memorializing the actual testimony of
the suppression testimony of Deputy Telatko, more than 13 months prior to the
time that the court reporter filed
the corrupted transcript with the Court of Appeals on December 27, 2010, is
attached as Exhibit Twelve.
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