Motion to Dismiss based on Prosecutorial Misconduct and/or Lack of Evidence

YES. Thanks to the information in the Police Reports that were properly and gratefully compelled by Judge Dennis, and finally shared after 60 days from arraignment and 7 months since alleged Email harassment, it is evident in a very questionably gross way that D.A. Justina Lynn Moore was the impetus to having me hastily and falsely arrested for Second Degree Harassment before processing necessary details and allowing for proper Due Process in the forms of further necessary police investigations.  Her bias allowed for, emboldened, and encouraged deceit from the Complainant evident throughout Complainant’s false statements.

As the Police Report # 2018-019908 states: “On 09/18/2018 … I (Officer Grasso) contacted Assistant State’s Attorney General Justina Moore at Ct. Superior Court in Norwalk (GA#20). After discussing the facts of this case with her and based on James Lawrence’s history of following women around and causing them concern, she agreed that the Email communication from Lawrence constituted the crime of Harassment in the Second Degree of section 53a-183 of the CGS and would review an arrest warrant affidavit for the same if presented to her. 

So here are some introductory real facts of the case. I did send an email on 9/18 after observing my parents agitated from the behavior of complainant AC. I had arrived on early 9/17, staying at my family’s house as planned to return to Europe Oct. 3 after re-renting my apartment  to which was occupied by Complainant. Officer Grasso fields a complaint (a one sentence Email) and within the same day goes to who??.. the Assistant District Attorney.? Every police department will tell you that normal procedure when feeling uncertain about the criminal nature of a Email, would first put it by a Sergeant, and then Lieutenant, (and maybe even town attorney), before making a questionable beeline to the District Attorney’s office. There is no Sergeant or Lieutenant named in this police report of the introductory/initial stage of Officer Grasso’s big investigation. YES – this is the first day of investigation and he goes straight to the D.A. on the same day, who in turn without any tangible evidence like a sequence of Emails, context of the chain of Emails, let alone contents of chains of Emails, nor any other information about the situation, proceeds to advocate, empower, instruct, embolden, and coach the officer before the officer gets an OK from complainant to pursue charges. Yes. The complainant AC was on the fence (“not thinking clearly” at this time) at this initial stage of the arresting incident. I had arrived the day before, barely catching up on sleep from jet lag, never go over to my property, elect to stay away from her so not to disrupt my current case of being in the system (Second Degree Breach of Peace), and already a Westport Police officer and the District Attorney are plotting to get me arrested on an Email that the District Attorney needed to take the maximum 45 days after my arraignment (7 months after Sept 18 Email) to compel to Discovery while showing no desire to see the evidence, only delay and play with a man’s life. This advocating arrest by Justina Moore on the same day of initial incident complaint yet full week before the Sworn Written Statement from Complainant AC is obvious misconduct with a biased agenda to keep me in the system based on her feelings that I have a history of “following women”, yet totally devoid of particular information/facts about this woman who I had no need or desire to see (you know the big bad “player” accusation) and who was situated in my very own apartment holding my belongings hostage.

 It seems these guys needed some more “facts” that they so deviously assumed to have on 9/18/2018. Yes - details the arresting officer could not even prove he knew 6 months later. District Attorney Justina Moore is basically saying she wants this case without any evidence and proper results from the following days of investigation. How do you make a bold and biased decision that this single one line email - “Ana please do not cause my beloved 77 parents any stress whatsoever”, is enough evidence to advocate an arrest warrant to sign? These questionable workers within the legal system did not even care to know if I was contacted or visited, or quoted, to which I was not, nor was my 77 year old parents. They showed no concern about the probable cause that my parents were being harassed.  NO call, no visit. Nothing but plotting and hyping unproven feelings behind my back. Utter misconduct. And with no understanding (as the police reports shows but arrest warrant omits) how the slanderous Westport News article is fueling this chaos. Justina Moore has known nothing from day one!

It is shown throughout the language of the Complainant throughout the police reports and arrest warrant that resulted a week later after Justina Moore’s influence, that there was a mission to do this hasty and false arrest more based on the martyrdom for “other women allegedly harassed” than any actual workable evidence, for this scorned vindictive complainant knew (like Justina Moore) I was in the system and was vulnerable to any cracked story. The real me was not arrested…. the myth or reputation or boogy man James Lawrence was arrested. The real James Lawrence was merely looking out for his parents and staying away from trouble (see my 9/18 visit to Westport Police documented in police reports yet outrageously kept out of the arrest warrant that Justina Moore should have known of, etc…) with the intent to complete his 2 week business and get the heck out of this gender warring hellhole of a country.  Once again, Justina Morre is contacted at the very beginning of investigation who says yes go get him, and the cop telling the sick Complainant we can get him, and eventually together these agenda-driven people get me in this unnecessary mess based on what evidence!!!

I ask the Judge, who was sadly misinformed with some very questionable characters, to review the arrest warrant, police reports, the pathetically few emails given as Discovery, and anything else you can review to make a informed decision on this Motion based on facts from day one of alleged email harassment onward, and not how Justina Moore went about this case advocating for things without any proper chain of emails, context of emails, and contents of emails. Telling a already yes biased Westport Police officer (who has read my website about suing them, and who then has an obvious opportunistic agenda to keep me in the system to avoid the inevitable lawsuit) that “all systems are a go/we got your back” is inexcusable misconduct easily shared to proper authorities. She and Officer Mark Grasso used and manipulated this woman AC via further painting me as a boogy man, so to hype up unfounded premature concerns in an effort to amp up Justina Moore’s Nolle Prosequi offer in the Second Degree Breach of Peace case.

I believe that given all the 200+ emails in my possession, all harassing texts to my parents in my possession, all areas of police misconduct in my possession, all the overwhelming false statements/perjury by Complainant in my possession and inevitable coming false statements by Complainant at a trial (lol), and now a valid argument within trial about prosecutorial misconduct to be presented in details, I should have no problem being found not guilty, and no qualms to then launch a easily proven Malicious Prosecution case (based on all of Justina Moore’s failed attempts over the year to falsely label me and attack me that has been recorded in front of a Judge) to which I will be happy to pursue if driven to more unnecessary pain and extremes. Once again, I respectfully ask for this Motion to Dismiss case based on more of the essential facts that are NOW readily at hand.

I should also refresh Judge Dennis’ memory that I have been fully authorized to be going Pro Se since my February 7 arraignment yet it was D.A. Justina Moore and once again only D.A. Justina Moore who refused (all recorded) to properly proceed in well communicative efficient ways because she is repeatedly showing up and saying “I will not talk to him until he has a lawyer”. Yes this happened from the February 15 court appearance, to the March 14 court appearance, and then to the March 29 court appearance, to where Judge Dennis literally has to spell it out to her (all recorded) that it has been fully established that I am going Pro Se and that I am entitled to proper material for my Franks Motion request made also at my first court appearance. Yes - it took this District Attorney a full 7 weeks to have this one simple fact of whom she was obliged to work with under law fully understood. All the while she is showing up giving fabricated excuses for delaying the hand over of basic Discovery.

Recall the stunt/fast one she tried to pull 30 days into the Motion for Discovery process, to where after asking for authentic Emails up to this March 14 court appearance, she attempts to pass on the arrest warrant (something I have had since Feb. 7) as if this is Discovery evidence. Once again, Judge Dennis needed to spell out some basic facts to her that this arrest warrant was not Discovery evidence. When I finally get this Discovery Email evidence (or lack of) 45 days into the Discovery Motion process, it is established that I still do not have basic Discovery in the forms of Police Reports, Sworn Written Statement, etc ....,  to where Justina Moore refers to another D.A. she says has more of the details of the case and saying that she has not been the main person handling the case. Strange, so confident of the case she fomented from day 1 (Sept, 18, 2018 alleged Email incident) yet not aware and properly invested in ascertaining some of the most basic and essential facts to back up her dubious recommendation for arrest. She even is recorded in another state of confusion saying that I should probably hand over my Emails, thereby showing once again she has had no clue as to any proper Email evidence of Harassment, let alone sequence of Emails, context of the chain of Emails, let alone contents of chains of Emails.  She has had an opportunist agenda from the time she was contacted by Officer Grasso about the lone alleged Sept. 18, 2018 “harassing” Email, and given the similarity in persecutory martyrdom language of her and the Complainant, I do see obvious signs of prosecutorial influence and misconduct contributing to the Complainant’s deceit that is fully evident in ALL the evidence/facts.

It is completely within my rights as someone who rented my apartment to a tenant (let alone a tenant who held needed belongings of mine hostage) to ask/advise this tenant “not to cause my beloved 77 year old parents any stress” who were unnecessarily thrust into duties dealing with the apartment. What kind of D.A. would jump on this Email, which is merely looking out for the welfare of elderly people, as if this is Harassment?  When I came home, I never contacted this person any other way outside of two emails relative to the apartment, and in manners that had nothing to do with any feelings about tenant/Complainant to which tenant/Complainant feigns in many ways, for tenant/Complainant AC knowing I am in the system, obviously used this vulnerable situation I am in to attempt a wicked effort to hurt me. This was all originally fomented, empowered, emboldened, and advocated by D.A. Justina Moore. Well bravo. But when one actually hurts another person there are damages. So long as this injustice is allowed to fester, the very real issue of malice will always intensify and become a focal point. Who is the real victim and who is playing to be a victim?  I ask we finally rely on the facts/evidence.

Supplemental to April 25, 2019 Motion Docket -
Past evidence of Prosecutorial Misconduct by Justina Lynn Moore:

Recall the happenings here in court after my first court date for first of two false arrests - the alleged Second Degree Breach of Peace arrest/charge of March 5, 2018.  I was arraigned March 14, 2018. I then that same day get the crazy visit from News 12 because some random busybody woman named Wendy Higgins Chambers in Westport (who read of my arrest and wanted to play some victim of me “handing her my business card/websites at a market” a year before) made a beeline to News 12 to tell her story. She did not go to police nor went to store managers. She went straight to News 12’s Mark Sudol, who then after interviewing me, misinterpreted the ill-gotten Arrest Warrant and slander and defamed me saying I was arrested for  “Stalking Women”. A call from my lawyer the next day and News 12 takes their slander and defamation down from the Internet and they are now locked in a federal lawsuit against me for Slander and Libel.

But the crazy agenda-driven Westport woman Wendy Higgins Chambers then took the ill gotten and falsely interpreted Arrest Warrant material from News’s 12’s muckraking to The Westport News, who finessed a similar story that lives and breathes to this day under the threat of litigation. This all happened before any Due Process of Law, for this special second Westport News article doxxed me of a stalking charge from 1995 (that was part of my Domestic Violence charge) that never became a conviction, and doxxed me of alleged “incidents” (at markets with cameras in Westport and Westport only, yet strangely not one recording ever!) that were already investigated and never resulted in any arrests hence never been arrested in Connecticut before this fiasco. I have one conviction on my record – 1995 Domestic Violence in California. This highly unusual special second Westport News article doxxing me of a false narrative and grey areas of my life before any Due Process of Law is a product of the MeToo/Nasty Woman zeitgeist and it is wrong, illegal, and life changing.

So – full circle to the issue of D.A. Justina Lynn Moore. After this crazy media hit job experience and now further challenge to now get the slanderous Westport News article pulled, I show up to court for my first court appearance on May 4, 2018 and another D.A. (not Justina Lynn Moore) offers for me to plea to an Infraction and pay $100 fine. I was relieved given there was never any case/breakage of law, but could not accept this for it would iprevent me from being able to sue the Westport News to get their lies, slander, libel taken down from the Internet. This is why I am still fighting this case to this day.

On the second court run of July 11, 2018, thinking there might be some developments in my favor, D.A. Justina Lynn Moore attempts to increase my bail and have me charged with “Stalking” and be forced to a mental evaluation. YES. I show up and she attempts this utter despicable lie. The Judge asks her if she has any witnesses and she responds “no” (as her nose went up into the air in a huff). Given the facts I merely had a one-time less than 5-minute encounter with Complainant/alleged “victim”, the Judge rightfully denied this attempt by D.A. Justina Moore to have me brought up on “Stalking” charges. Just utter prosecutorial misconduct. How do you go from an “Infraction” to “Stalking”?!!! Insanity. Playing with a man’s life. This has been mentally abusive to say the least. Justina Lynn Moore actually did this – all recorded. And given her numerous stunts during the process of the Feb. 6, 2019 second false arrest of Second Degree Harassment before us now, there is more than enough material to bring before unbiased authorities to further discuss her misconduct. She has always been in the dark without any cares to know important details. For this first March 5, 2018 false arrest for Second Degree Breach of Peace should have been thrown out by now. The longer there are delays, the more my life is in danger from this second hideous slanderous Westport News article. This is an article concocted all before any Due Process of Law that is falsely influencing the community and country at large resulting in ongoing damages to my life. 

Once again, this special second Westport News article doxxed me of a charge that never became a conviction, and doxxed me of alleged “incidents” (at markets with cameras in Westport and Westport only, yet strangely not one recording ever!) that were already investigated and never resulted in any arrests hence never been arrested in Connecticut before this fiasco. I have one conviction on my record – 1995 Domestic Violence. This all happened before any proper Due Process of Law.

I had asked my attorney over the past year to explain what has been happening to me from this highly unusual slander and libel of my arrest for allegedly “following a woman at a market” and being conflated with the Metoo zeitgeist, for Metoo was originally about sex assault and sex harassment. What has happened to various men being doxxed for things like Joe Biden and I for “getting into personal space” (though his violations of “personal space” has been more obvious for it involved actual touching) is outrageous. Some men in the workplace are now getting blamed for ‘verbal assault” or even “hurting someone’s feelings”. If and how my lawyer for the alleged Second Degree Breach of Peace case did attempt to explain what has been happening to me to the D.A. department still remains a mystery to me. I think this is important information so to not to continue being in the dark. This madness actually happened to me and I committed no crime whatsoever.

As of May 9,. 2019, James Lawrence v. Altice USA/News 12, a federal Judge has denied News 12's Motion to Dismiss.