F. The Suppression Hearing Testimony of
Deputy Frank Telatko Was
Deliberately Altered.
The suppression
hearing testimony of Sheriff’s Deputy had been deliberately altered in an
attempt to defeat Defendant’s claim that sheriffs’ deputies arrested him
without the requisite probable cause. An
obvious material alteration to the transcript, “recording” the suppression
testimony of Deputy Frank Telatko is found at pages 179-180 of Volume II of the
suppression hearing transcript. The
material alteration was made by inserting an incongruous objection from the prosecutor into the transcript, in
place of the actual testimony of
Deputy Telatko in an attempt to conceal and cover up the fact that sheriffs’
deputies lacked probable cause to arrest Mr. Hartman.
Deputy Telatko’s cross-examination by defense counsel began
at page 175 of the transcript. Between
pages 175-180, defense counsel cross-examined Deputy Telatko about the scene
and procedures employed by deputies during the arrest of Defendant Hartman, as
well as the types of duty weapons the deputies carried that day.
Beginning at Page 179, Line 23, defense
counsel posed the following questions to Deputy Telatko:
Q. And
in addition to the three of you coming from the south side where all the trees
are, how many other officers responded that day?
A. There was
[sic] two more officers that were north of the residence and another officer
that was south of us.
Q. And which
officers were north of the residence?
Before Deputy Telatko could answer the questions, according
to the corrupted transcript, an incongruous
objection, completely out of the context of defense counsel’s
cross-examination, was deliberately and unlawfully inserted into the record.
Beginning now at Page 180, Line 5:
MR.
SALISBURY: Objection.
THE COURT: Basis?
MR. SALISBURY: Relevance.
The
motion to suppress has nothing to do with whether he’s been read Miranda or
whether he’s advised of his rights and what statements he made. It has nothing to do with the 9-1-1 tape.
There had been no prior questions directed to Deputy Telatko from defense counsel
pertaining in any way to Miranda, the
advisement of rights, or the 9-1-1 tape.
Moreover, the colloquy between defense counsel and the judge at Page
180, Lines 15-24, reveals that defense counsel had been addressing with Deputy
Telatko the locations of various sheriffs’ deputies at the scene of the arrest.
The misplaced, incongruous objection by the
assistant prosecutor had been deliberately and unlawfully inserted into the
record in an attempt to conceal and cover up the actual testimony of Deputy Telatko, addressed immediately below.
A copy of Pages 175-180 of the corrupted
Volume II testimony of Deputy Telatko is attached hereto as Exhibit Eleven.
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