The Attorney for Town of Little Valley, New York Court Clerk Jillian Koch who is also employed by the state as a county court clerk filed a fraudulent document in a federal court case that is holding Koch accountable for her criminal conduct where she illegally edited out the audio transcribe file and violated the criminal procedure law concerning a CPL 730 motion. This shows you how worried they are about the case. A CPL 730 motion is a motion that claims a person is incapable of defending themselves or assisting their attorney which they used in an attempt to elevate the criminal and civil liability they created for themselves.
They had to file a fraudulent document in order to cover up their crimes. Below you will see the victims FOIL request dated and sent on May 16, 2017, for the dates between April 1st, 2015 to May 31st, 2016 for any and all communications from “…to and from any and all County of Cattaraugus and Town of Little Valley Court, its employees and/or agents and/or servants” to the Office of Mental Health and their response which shows that they never received a thing on the victim concerning the bogus CPL 730 proceeding that William Preston Marshall demanded. Marshall you may recall never filed an oath of office when by law he was mandated to. By him failing within the time allowed to file he legally lost his authority to act as a assistant district attorney and all his cases he oversaw must be vacated. What Jillian did was send the final order that committed their victim for observation to the director of community services for Cattaraugus county, which by law she had to transmit it directly to the the commissioner of mental health. It never occurred.
Section 111.4 Commitment to custody of Commissioner of Mental Health (b): The court shall forward to the Commissioner of Mental Health the order committing the defendant to his custody together with a copy of the examination reports, a copy of the accusatory instrument and, if available, a copy of the pre-sentence report….
The FOIL response from the Office of Mental Health dated May 30, 2017 came back “After a diligent search, we were unable to locate records responsive to your request.” NOTHING.
and guess what happens….
…why a “CPL DESIGNATION NOTIFICATION” from the Office of Mental Health appears in the pleading of Jillian Koch. The date on the letter is April 8, 2017. So lets just say the process which led to the order was legal. BY violating the law this allowed local deep state to manipulate the time of the victims arrival to Elmira. The victim was held another four days in the county jail which by law you once a designation is made they are to be moved to a OMH facility. Once he was sent to Elmira he was released within 24 hours. The victim was kidnapped on April 6, 2016 and held until April 12, 2106, one day before he was required to appear at a DMV refusal re-hearing and another hearing on the 14th. They were setting it up so he would miss the hearings, lose his license and possibly worse. The victim saw this coming and planned for it. If he was grabbed he would have someone alert the DMV that he could not attend. The DMV was alerted, the hearing was changed and the victim won the Appeal/hearing de-novo which basically proved that the victim was more then capable of defending himself or assisting his attorney. However the most ironic issue was he was released in 24 hours after being sent to Elmira because he did not meet the requirements he was sent there for which is the same thing they attempted to do when they sent him to ECMC CPEP where he was released in 16 hours.
Adding to the irony is the fact that at least one law firm in Buffalo has also claimed that it is in fact the employees and/or agents and/or servants of the County Of Cattaraugus District Attorney’s Office that has mental issues. In a 4 million dollar lawsuit filed against Rieman by one of the top firms in Buffalo, the firm stated on record that; “Defendants were negligent in the hiring of the aforesaid agents, servants and/or employees in that they knew, or in the exercise of reasonable care should have known, that said agents, servants and/or employees of Defendant did not possess the temperament and psychological makeup to properly carry out their duties as responsible government officials.“ You can’t make this stuff up folks…