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The Noel Matos Montalvo's Trial:
How Easy for the Innocent To Be Sent to Death Row!
[Prep./Writen by Mumia Abu-Jamal, M.A.@05 [Paralegal]#AM-8335 Most folks think that Death Row is the abode of evil incarnate, a place where the worst of the worst are confined. But, in truth, as the following account relates, it is quite easy to be sent to Death Row. All it takes is a prosecutor who seeks to send one there. The case of Noel Matos Montalvo, a Puerto Rican now on Pennsylvania's Death Row is instructive. Imagine a case where there is No Physical Evidence, No Genetic Evidence [DNA] to support a conviction; or where there is nothing--nothing, but the word of the only Witness Esther Roldan Soto admitted Perjurer, and there you have it. Don't take my word for it, in January 20, 2000, Noel's older brother, Milton Noel Matos Montalvo, was on trial for the slaying of Ms. Miriam Acensio and Mr. Nelson Vidal Lugo, of York - Pennsylvania. When the trial was over, his lawyer requested a Jury instruction which sought to implicate Noel Matos Montalvo in the offenses. What the Judge [Sheryl Ann Dorney] and D.A. [Thomas Henrry Kelly] said at sidebar (out of the hearing of the Jury) can only be called remarkable: THE COURT: Actually, the only evidence to even put his brother in the Apartment is the Statement of Esther Roldan Soto. DISTRIC ATTORNEY KELLY: Right, Exactly, and nothing to corroborate that whatsoever. [From: Com. V. Milton Noel Matos Montalvo, January 20, 2000, p.180] In August 6, 2002., Noel Matos Montalvo was arrested in his Apartment Guttemberg - New Jersey, and shortly thereafter charged with the killings of Ms. Miriam Acensio and Mr. Nelson Vidal Lugo, he demanded every test that could be taken; [DNZV] Semen, Fibers, Saliva, Hair, Blood, Fingerprints, the works [Nothing Matched]!!! But, three years after the same Judge Sheryl Ann Dorney and the same D.A. Thomas Henry Kelly noted that there was "Nothing to Corroborate" the testimony of Esther Roldan Soto, they joined hands to convict Noel Matos Montalvo of Killing the two York Residents, [Miriam Acensio and Nelson Vidal Lugo]... At trial, hls Attomey Francis S. Cutruzzula, knowing that there was No reliable Evidence to support those charges, apparently felt so confident that he (literally) asked 1 question of DNA expert ms. Beth Ann Giles, (Date: 3/17/03.) the DNA Expert, he asked, how many zeroes are in a Gazillon, of Dr. Saralee Funke, the Forensic Pathologist, he asks 2 question: were (Miriam Acensio) and (Nelson Vidal Lugo) murdered (Essentially), that's it. He didn't have to ask if any of the Evidence pointed to his cliënt, because the Prosecutor had already asked them whether any DNA, Blood or other forensic Evidence pointed to Noel Matos Montalvo — they answered it did not!!! What was even more remarkable was the State's Witness, Ms. Esther Roldan Soto, at Milton Noel Matos Montalvo's trial, she testified that she heard him tell of killing Ms. Miriam Acensio. At Noel Matos Montalvo's trial, she testified that he bragged about killing the woman [Miriam Acensio]. Indeed, at a pretrial hearing in Milton Noel Matos Montalvo's case, she swore that she heard Noel Matos Montalvo, brag about raping the poor woman [Miriam Acensio]!!! Nonetheless, when all the tests were done, DNA matches of the semen found in the woman did Not match Noel Matos Montalvo, and older brother Milton Noel Matos Montalvo.!!! Qnly match of the semen found in the woman of [Nelson Vidal Lugo], it is said that a fair trial truly begins or ends with the Judge. In York's County Court, Judge Sheryl Ann Dorney, an experienced, long-time Jurist told the (all-white) Jury some interesting, but erroneous things. While explaining the idea of reasonable doubt, She told the Jury: So if the Commonwealth has not sustained its burden to that level, the burden of proving the Defendant guilty beyond a reasonable doubt, then your verdict must be guilty. If, in fact, that you find that the Commonwealth has proven its case beyond a reasonable doubt, then your verdict should be Guilty. [Gom. V. Noel Matos Montalvo, CCP (March 19, 2003.)] Later, that same morning, she told the Jury: "...and as I said, if you find that the defendant was not involved in this, you should find him Guilty of all these charges..." DEFENSE ATTORNEY: Not Guilty, Judge. THE COURT: Not Guilty. New was that a freudian slip, Not Guilty of all these charges... [March 19, 2003., pp.31-32] Rarely are Jurors lawyers, if they got two, equally confusing sets of instructions, which ones control their deliberations? At the time of the Miriam Acensio, and Nelson Vidal Lugo killings, [12:40 am. - Sunday, on April 19, 1998.], Noel Matos Montalvo, was in his own Apartment, with his wife [Ketty Marisol Heredia De Matos], [Kids], and two Friends [Patricia Acensio [Miriam Acensio's Niece - Victim], and her husband [Angel Santos alias Tony], and Ms. Patricia Acensio and Mr. Angel Santos came to the Apartment that Night Between 8:00Pm. or 9:OOPm. that Saturday (April 18, 1998.), and didn't leave the Apartment until 2:00Am., the next Sunday Morning (April 19, 1998.), and this particular night (Ketty Marisol Heredia De Matos) was fixing Patricia Acensio's Hair and Nail's, and (Noel Matos Montalvo) never left the apartment that Saturday Night (April 18, 1998), nor in the early hours of the morning of Sunday (April 19, 1998). Ms. Esther Roldan Soto, threatened with the loss of her children, and therefore terrified of what the Police would do, told one story, then another, and then another, and then another. She told three different stories in Milton Noel Matos Montalvo's trial, and another Story in the Noel Matos Montalvo's trial!!! At trial, with a D.A., Thomas Henrry Kelly, hungry for a big double Death Penalty, with a judge, Sheryl Ann Dorney, that seemed confused, and a defense Lawyer, Francis S. Cutruzzula, that was so over-confident that he barely asked a question, Noel Matos Montalvo, who spoke absolutely NO English, was mere human kindling for the fire. He was there, only in Name!!! Please help Noel Matos Montalvo, in his fight for justice. Noel has six beautiful daughters whom he love and care for profoundly—and they live for the day to when they could have their father at home with them again. Noel is a born again Christian who is devoted in serving Christ. Noel accepts anyone who can lend a hand in his campaign for justice.
Address: Noel Matos Montalvo # FH9391
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