02MAY17: “Deputy” Tonya Dry at it again. She is related to Verna Dry, the Cattaraugus County Chief Court Clerk and Joseph Dry, the former Little Valley Town Justice who initiated CPL 730.30 proceeding against Mr. Christopher Kochan that led to his false arrest and sending to two separate mental health facilities which Mr. Kochan was promptly released within 24 hours and the Doctor of record admonished the judge who signed the order for sending Mr. Kochan there. Tonya Dry acts a dictator at the Cattaraugus County Building when citizens attempt to exercise their rights, which Mr. Kochan was attempting to exercise his JL 255 and FOIL rights. In the later part of April 2017 Mr. Kochan went to inspect the court files with a witness concerning two separate ongoing cases against Mr. Kochan at the county court level dealing with the same charges for the same “transaction” pursuant to CPL 40.20, which is a violation of Mr. Kochan’s double jeopardy rights. Mr. Kochan noticed a blonde female public employee who works for the District Attorney’s Office appear in the Court Clerks Office when they were inspecting the file. The same public employee appeared on may 2nd, 2017 when Mr. Kochan “visited” the courthouse to ask Chief Court Clerk Verna Dry to sign a JL 255 certification letter she had forgot to sign concerning CD disks that were missing from the file 19720….
… the one concerning Mr. Kochan matter. These CD’s contained the illegally edited video files from the police body cam that was being passed around amongst EPD Kowalski and Graham like they were filming a big budget Hollywood production that morning.
Since 2016 Mr. Kochan, according to the county sheriffs office has needed to be “escorted” by armed sheriffs (which is an act of intimidation and harassment in violation of his due process rights) on the 2nd and 3rd floor of the county building because of an alleged incident that occurred the Friday before Mr. Kochan was to be “arraigned” on an alleged ten count indictment the following Monday. Jillian Koch, a “senior” county court clerk secretary, who was the only one in the office at the time, claimed that something occurred that Friday during Mr. Kochan’s visit yet there is no documentation, notes or anything on the alleged incident. Mr. Kochan wished to inspect the file that dealt with the alleged ten count indictment and Ms. Koch would not let him. Mr. Kochan told her she had violated the law and left. Jillian Koch is also the Court Clerk for the Town of Little Valley who was instrumental in the bogus CPL 730.30 proceeding against Mr. Kochan. Jillian’s mother Susan is the Town Clerk of Little Valley who destroyed video evidence of the Town Court concerning Mr. Kochan. I’m sure you are getting the picture.
The 2016 arraignment involved one misdemeanor and nine traffic violations, which appears to be a first in the history of this county, if not the state. Butch Cassidy and the Sundance Kid would have been jealous. Mr. Kochan was never charged with the misdemeanor in the lower court or the six traffic violation charges found on the Presentation. Because of this his CPL 170.20  rights were violated by the DA Rieman, not to mention the fact that the original simplified traffic informations were superseded by new ones in violation of the law thereby denying the ability to prosecute Mr. Kochan in any manner whatsoever. Not only that, the Ellicottville Police Department has refused to hand over the original superseding traffic tickets that Mr. Kochan was never served with, which by law the cop had to personally serve on Mr. Kochan pursuant to CPL 150.30. Cattaraugus County Judge Ploetz knew all of this and acting in excess of his authority ignored it. Ploetz also told Mr. Kochan that he was not allowed to video and/or audiotape anything in the courtroom, which Mr. Kochan has complied with under protest. However he does carry with him a ability to record anything when he feels his life is threatened due to the fact the Sheriffs office routinely and illegally edits and destroys videos taken from security cameras positioned throughout the county building, grounds and body cameras to cover up the criminal conduct of our public employees, the ones who are supposed to be protecting us.
“ADA” William Preston Marshall, AKA Bill Marshall, AKA Preston Marshall is the individual who caused a multi-million dollar lawsuit against the county in which he caused the illegal incarnation of a hard working father of three to be sent to the county jail. Marshall threatened the man’s wife that he would have their children taken away if she did not testify against her husband to something she did not see. During the trial in the dead of winter Marshal scared his wife to the point that he convinced her that she had to flee to a woman’s shelter in Salamanca with her children to hide from her husband. However when she arrived she was asked to sign papers. After reviewing the papers she realized it was all a scam and demanded her children back and fled to a family members home and stayed there until she knew it was safe to come back home she and the children could reunite with their father who had come home to an empty house not knowing what or where his family was. The Marshall family morals do not stop there. Preston’s wife is of the same character. Preston was initiator for the illegal 730.30 proceedings against Mr Kochan and Marshall’s wife Bridget would show up and take a seat directly behind Mr. Kochan and his attorney and report back to ‘ADA” Elizabeth Ensell who was assisting Preston in getting Mr. Kochan thrown in the Jack Nicholson ward. Bridget would actually hit Mr Kochan in an attempt to provoke him into a physical response which he did not fall for. When the judge issued the order Mr. Kochan was unlawfully seized and taken away by six Cattaraugus County Deputies, who were all there just to provide security for one man in which no other hearing were scheduled. One of the deputy’s, whose last name was Wilson even enjoyed reinjuring Mr. Kochan in the process.
It is very apparent that it is illegal to represent yourself in this county. They will only let people that they know they can convict to represent themselves so they can provide the appearance that you should not represent yourself. Mr. Kochan has attempted to get copies of the videos of him being ‘escorted’ around the building via FOIL request, County Attorney Eric M. Firkel, who were sure takes over 100,000+ a year from our tax dollars for his salary has refused to provide Mr. Kochan was the video copies in violation of the FOIL law.
The arraignment involved one misdemeanor and nine traffic violations, which appears to be a first in the history of this county, if not the state. Mr. Kochan was never charged with the misdemeanor in the lower court or the six charges found on the Presentation, all in violation of his CPL 170.20  rights, not to mention the fact that the original simplified traffic informations were superseded by new ones in violation of the law thereby denying the ability to prosecute Mr. Kochan in any manner whatsoever. Cattaraugus County Judge Ploetz knew all of this and acting in excess of his authority ignored it. Ploetz also told Mr. Kochan that he was not allowed to video and/or audiotape anything in the courtroom, which Mr. Kochan has complied with under protest. However he does carry with him a ability to record anything when he feels his life is threatened due to the fact the Sheriffs office routinely illegally edits and destroys videos taken from security cameras positioned throughout the county building and grounds to cover up the criminal conduct of our public employees, the ones who are supposed to be protecting us.
Recent Case in Point: Tonya Hutchison v. Cattaraugus County, Cattaraugus County Sheriffs Department, District Attorney Lori Rieman, Assistant District Attorney William Preston Marshall, Deputy Max Graham and others 1:16-cv-00689-LJV. The video tapes of this event were clearly edited by removing parts and cropping the field of view to cut out the assault. Deputy Max Graham was the one accused of assaulting Ms. Hutchison, who weighted a mere 98 pounds compared to Graham’s 240+ pound size. Deputy Max Graham is the husband of Ellicottville Police Officer Amber Justice Graham who was on scene shortly after Mr. Kochan was either shot at or had his window smashed out by Ellicottville Police Officer Cori Kowalski and then brutally assaulted including being thrown to the pavement head first and then being stomped that led to a brain injury cover up in which his appointments to treat the injury were cancelled. Ms. Graham was wearing a body camera and recording everything. It was Graham that ‘escorted’ Mr. Kochan to the Olean General Hospital with body cam still rolling, which showed he was handcuffed to the ambulance stretcher and then handcuffed to the hospital ER table, then interrogated by 5+ sheriffs deputies while at the hospital and had his blood taken from him when the Blood Tech saturated his arm down with rubbing alcohol (and possibly ethyl alcohol also) and injected the needle into Mr. Kochan’s arm before the alcohol dried and placed the red capped vials into the test kit unsealed and handed the test kit unsealed over to Graham then takend to the Ellicottville Court then off to Jail. There is about three hours of body cam video missing from Ms. Graham’s videos that includes the integration Mr. Kochan received and the blood draw at the Hospital. The Cattaraugus County Court Judge Ronald Ploetz would claim Mr. Kochan was not arrested during this whole process. The 4th Department has already ruled Ploetz does not know what a question or arrest is.
On May 2nd, 2017, Dry accused Mr. Kochan of carrying a recording device. She appears to have taken a picture of what she claimed was a recording device the day before. A Sheriff’s Lieutenant and Dry then confronted Mr. Kochan of carrying a recording device on our taxpayer funded public property. The nerve of Mr. Kochan to take measures to protect himself after all he has been put through at taxpayer expense, how dare he. Once outside the main entrance of the county building Dry attempted to persuade Mr. Kochan to move off of the main entrance which would have put Mr. Kochan in a position that would have allowed whoever is doing the illegal editing of our taxpayer funded videos and audios to crop out of the field of view that Mr. Kochan would have appeared in if it was not cropped out, just like the did in the Hutchison videos. Dry would use the feeble accuse that he was blocking the main traffic walking into the building, which the main sidewalk is about 10 feet wide and the walkway that runs along the front of the building is only about 4 feet wide, which is the walkway Dry wanted Mr. Kochan to stand on. So which one would they have been blocking traffic on again? The Lieutenant (who was very cordial) and Dry started to interrogate Mr. Kochan to which Mr. Kochan explained why he carried a recording device and described why he had the rights to do such. Demand to Preserve will be served in an attempt to preserve all of the evidence, including videos and/or audios taken in the hopes the Sheriffs department will not destroy them like they did when they admitted they destroyed other video’s taken of Mr. Kochan, all in violation of State Records Retention Law CO-2.
Further, it is very clear it is only in the courtroom that you are not allowed to record, there is nothing in the rules that does not allow you to take devices into the courtroom or anywhere else for that matter. The main reason for not allowing to record is the protecting of the witnesses, which makes total sense (unless of course they are a public officer). The rules are pretty simple and straight forward;
Section 131.1 Purpose; general provisions.
(a) In order to maintain the broadest scope of public access to the courts, to preserve public confidence in the Judiciary, and to foster public understanding of the role of the Judicial Branch in civil society, it is the policy of the Unified Court System to facilitate the audio-visual coverage of court proceedings to the fullest extent permitted by the New York Civil Rights Law and other statutes, as interpreted by New York courts, pursuant to the rules set forth below.
Section 29.1 General.
(a) Taking photographs, films or videotapes, or audiotaping, broadcasting or telecasting, in a courthouse including any courtroom, office or hallway thereof, at any time or on any occasion, whether or not the court is in session, is forbidden, unless permission of the Chief Administrator of the Courts or a designee of the Chief Administrator is first obtained; provided, however, that the permission of the Chief Judge of the Court of Appeals or the presiding justice of an Appellate Division shall be obtained with respect to the court over which each presides. Such permission may be granted if…
This clearly shows they don’t want the press, like television crews from one of the Buffalo news channels causing commotions during trials, which could interfere with trial proceedings itself.
Don’t see the carrying of recording devices anywhere in the rules, do you?