Anthony was arraigned on January 16, 1993, in Bronx Criminal Court, on the charges of, Murder: Intention (2 counts) Criminal Use of a Firearm 1st degree (2 counts) Criminal Possession Weapon 2nd degree (2 counts) Criminal Possession Loaded Firearm 3rd degree (2 counts) and Criminal Possession Weapon 4th degree (2 counts).
On January 21, 1993, Anthony was present with Alibi Witnesses to testify at the FIRST Grand Jury, but was not afforded the opportunity because the prosecutor withdrew the case from the Grand Jury prevote.
Ms. Julia S. testified that she witnessed the killer and gave police a description of the killer as "black, late teens, 5'7 to 5'9". At that time Anthony was 6' tall, brown-skinned, and 28 years old. Furthermore, Ms. Julia is the only eyewitness to this crime and said the killer climbed a railing and fled. The killer unknowingly left a clear palmprint which the police compared to Anthony "...with NEGATIVE RESULTS".
(See Exhibit A)
On February 11, 1993, a SECOND Grand Jury was convened and Anthony and his Alibi Witnesses were NOT afforded the opportunity to appear and testify, but subsequently the Murder 2nd degree charges were dismissed and "Returned to Lower Court".
On August 19, 1993, ALL CHARGES were "DISMISSED CPL 160.50" - Murder: Intention (2 counts) Criminal Use of a Firearm 1st degree (2 counts) Criminal Possession Weapon 2nd degree (2 counts) Criminal Possession Loaded Firearm 3rd degree (2 counts) Criminal Possession Stolen Property 3rd degree and Criminal Possession Stolen Property 4th degree.
On August 23, 1993, ALL CHARGES in connection with this case were "SEALED UPON TERMINATION of CRIMINAL ACTION in FAVOR of the ACCUSED CPL 160.50."
On May 11, 1995, a THIRD Grand Jury was held which resulted in Indictment #4004-95. Anthony was Not given Notice and his Alibi Witnesses were Never given the opportunity to appear and testify at the Grand Jury. The Indictment charged - Murder: Intention (2 counts) Murder 2nd degree (2 counts) Manslaughter 1st degree (2 counts) Robbery 1st degree (2 counts) Criminal Use of a Firearm 1st degree (2 counts) Criminal Possession Weapon 2nd degree (2 counts).
In 1997 Anthony was wrongfully convicted and sentenced to a life sentence. Outside of his family, the only person that was helping him was attorney Roy Miller, who went above and beyond to help prove his innocence. Unfortunately, Mr. Miller has passed away and Anthony is left with a challenging time and journey ahead.
Grounds for Relief
Ground One:
The Grand Jury Proceeding was defective (CPL 210.35(4), and the indictment was dismissed (TWICE) because the Anthony and his Alibi Witnesses were not afforded the opportunity to appear and testify before any of the THREE Grand Juries, in violation of the provisions in
CPL Section 190.50.
Ground Two:
Criminal Procedure Law 190.75(3) provides that if a Grand Jury has Dismissed a charge presented to it, that charge "may not again be submitted to a grand jury unless the court in it's discretion authorizes or directs the People to resubmit such charge to the same or another grand jury. If in such case the charge is again dismissed, it may not again be submitted to a grand jury".
Ground Three:
Prosecutorial Misconduct
The Prosecutor never sought authorization to resubmit charges to Two more Grand Juries pursuant to CPL 210.20(4), and the indictment is void where this misconduct impaired the integrity of the Grand Jury pursuant to CPL 210.35(5).
Also, a Prosecutor is not authorized to unseal Sealed Records for use in a pending case for charges arising out of the same incident which was the subject of the sealed case (See: In re Akieba Mc. 72 A.D.3d 689 897 N.Y.S.2d 656 (2010). The Court held that unsealing pursuant to CPL 160.50(1)(b)(ii) was not available to a prosecutor for use in a pending prosecution.
This is a bad faith effort of prosecutorial excess by manipulating CPL 190.75(3) and 180.80. These actions prejudiced Anthony because it prevented him and his Alibi Witnesses from providing any testimony in his defense, and it also prevented Anthony from utilizing the proscription mandated by CPL 180.80 (See: People v. Singh, 131 Misc.2d 1094.
CONCLUSION
This is a highly circumstantial case and the Prosecutor secured an indictment only after circumventing multiple statutory protections designed to ensure the integrity and fairness of Grand Jury proceedings.
Over the course of THREE separate Grand Jury presentations, the prosecution denied Anthony his statutory right to appear and testify, denied his Alibi Witnesses the right to appear and testify, resubmitted Dismissed charges without judicial authorization, and relied on Sealed Records which directly violates NYCrimProcLaw 160.50.
An indictment was procured 1995 - TWO years after the charges had been dismissed and sealed in 1993 - without giving Notice to Anthony and without any court granting permission to resubmit.
Actual Innocence Proof comes from - 1)Videotape Footage of the crime scene which the Detectives swear that Anthony is NEVER seen on and 2) To this day, the police nor the DA's Office has investigated the palmprint to find the actual killer(s) in this case.
ANTHONY FRAGOSA 95-A-4924
Admitted in NYSDOCCS - August 1995
Sentenced - June 1997 to 50 yrs - Life
LIST OF ACCOMPLISHMENTS (1997-2025)
GED (1997)
Food Industrial Worker (Food Handler Certification 1998)
Dept of Health Certification for AIDS and HIV Peer Counseling (1999)
Chaplains Clerk/Facilitator (2002)
Dept of Labor Certification for Asbestos Removal (2004)
Computer Repair (Teacher's Aid 2007)
Corcraft Industry Worker (Metal Assembly 2014)
A.S.A.T. (2015)
Block Clerk (2017)
Blood Spill Certification (2018)
AA/NA Facilitator (2019)
Aggression Replacement Training (2020)
Law Library Legal Research Certification (2022)
Cornell Prison Education Program (Current Student)
PROGRAMS DEVELOPED
For Auburn - Auburn Creative Arts Program
For Buddhist Studies - Meditation and Mindfulness/
Anti-Violence Initiative/
Victim Awareness Workshop
ANTHONY FRAGOSA 95-A-4924
Auburn Corr. Facility
135 State Street
Auburn, NY 13021
