I am sorry to say that Federal District Judge Gerard E. Lynch denied my husband’s Federal Habeas Corpus on October 2, 2007.  Judge Lynch also denied my husband a Certificate of Appeal.

 My husband’s attorney is currently filing an appeal.

 It is our contention that Judge Lynch’s decision was based on secretly taped conversations (that were altered, edited, and or redacted) between my husband, Allan and police informant, Roberto DaSilva.

 During Allan’s trial, Judge Kleinman ordered the prosecutor to redact all of the non relevant statements, but leave all exculpatory statements alone.  The prosecutor disregarded the Court’s order and altered, edited and redacted all the exculpatory statements on the tapes and transcripts over defense counsel’s objections.  When Allan’s attorney requested to play the exculpatory statements to the jury that were altered, Judge Kleinman refused, stating that he did not want the jury to get all confused with all the different tapes being played.

 It seems that Federal District Judge Lynch did not consider any of the exculpatory statements that the prosecutor wrongfully redacted, and based his decision that my husband was guilty of murder from the wrongfully redacted tape.  Judge Lynch denied all of the other issues stating that they were without merit, even though the issues he raised violated current United States Supreme Court Laws.

 One of the main exculpatory statements Allan made on the tapes that was redacted was “I always thought 2 blacks killed him”.  Allan’s statement (unknown that he is being taped) was in direct conflict to DaSilva’s trial testimony stating that “2 white Italian hitmen killed Katz”. 

 Another important exculpatory statement made by Allan that was redacted was “I always thought that he was killed because of a bad drug deal”.

 The only reason why the prosecutor redacted these statements plus all the other exculpatory statements was because he knew that if the jury heard these exculpatory states my husband would have been acquitted.  Yet Judge Lynch probably never took these exculpatory statements into consideration when denying my husband’s Federal Habeas Corpus.