J. The
Trial Testimony of Roy “Al” Leighton Was Materially Altered.
Judge Collier deliberately and unlawfully made material
alterations to the cross- examination trial testimony of Roy “Al” Leighton, a
State’s witness. Judge Collier deleted
those portions of the record where he stopped and prevented defense counsel
from fully and fairly cross-examining Mr. Leighton.
Once again, Mr. Hartman’s post-trial motions provided a
roadmap for the material alterations the judge made in an attempt to deprive
Mr. Hartman of a fair hearing on appeal.
In his December 7, 2009 Additional
Authorities brief, at Pages 34-35, Mr. Hartman memorialized Judge Collier’s
interference with defense counsel’s full and fair cross-examination of Mr.
Leighton:
When defense counsel asked Mr. Leighton to confirm that he
had advised deputies that there was no burglary of his home, the Court did not
allow the witness to answer and prevented defense counsel from pursuing this
line of questioning.
The Court prevented defense counsel from cross-examining Al
Leighton regarding the statements he made to sheriffs’ deputies at his home,
the scene of the alleged offense on May 27, 2009. Specifically, Mr. Leighton informed sheriffs’
deputies that Matthew had not burglarized his home and that he did not wish to
pursue criminal charges against Matthew.
The defense was also stifled from eliciting additional exculpatory
testimony from Mr. Leighton regarding information he provided to Deputies
Clinage and Telatko on May 29, 2009, when they conducted an additional
interview of him at his home.
The Court also prevented defense counsel from
cross-examining Mr. Leighton as to his known prior traumatic brain injury and
the manner in which such injury may have affected his sensory abilities to
perceive and process events and information. Such cross-examination was
relevant for the jury to assess Mr. Leighton’s ability and inability to
remember events and conversations accurately.
A complete, thorough, and diligent review of the testimony
of Mr. Leighton given during cross-examination, found at Pages 227-265 of the
corrupted “official” transcript discloses that the attempts by defense counsel
to cross-examine Mr. Leighton about his statements to sheriffs’ deputies at the
scene of arrest, including his statement to them that Mr. Hartman had not burglarized his home, and
attempts to inquire as to Mr. Leighton’s traumatic brain injury, have been
deliberately deleted from the
transcript.
A copy of Pages 34-35, taken from Mr. Hartman’s December 7,
2009 Additional Authorities brief, is
attached as Exhibit Seventeen.
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