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Valentino's Trial

Valentino's trial commenced June 10th, 1992 and concluded just five (5) days after. Before the trial started Valentino complained to the Court that his attorney Joseph Terranova was not prepared for trial. In fact Terranova spent less than 10 minutes with Valentino from the time he assigned himself to Valentino's case up until the trial on June 7th, 1992. Terranova had at least 7 months to visit Valentino and establish a defense.

The Prosecutions theory at trial was “An altercation started between Torriano Jackson, Aaron Jackson and Mario Jarmon. Mario Jarmon was losing the fight. As the fight spilled into the street, Valentino allegedly ran into fray with a Machine gun to protect his friend Mario Jarmon. As a result Valentino allegedly ended up killing Torriano Jackson and wounding Aaron Jackson, Mario Jarmon and John Sullivan.

The prosecution’s entire case hinged solely on the identification issue, and was not supported by any physical evidence. No footprints, blood stained clothing belonging to Valentino Dixon or DNA evidence were offered to support the prosecution’s case.

The Prosecution’s case against Valentino hinged on the testimony of three witnesses, Aaron Jackson, John Sullivan and Emil Adams. There were at least 70 - 100 present when the shooting took place.

Aaron Jackson, Shortly after the incident, stated to the police that he didn’t know who the shooter was”. Jackson told police, “I cannot be sure it happened so quick” . Jackson was clearly distracted for he admitted to assaulting Mario Jarmon during the incident. Jackson’s only explanation for his unprecedented ability to make an in court – identification was that his “memory gets better with time” .

John Sullivan, a friend of the Jackson’s, initially stated to police that “he heard shots, but didn’t look to see who had the gun, he just ran”. Several hours later Sullivan altered his statement by contending, “he observed Valentino come from behind a van with an Uzi”. Sullivan testified to smoking crack cocaine, marijuana, and consuming two bottles of malt liquor the day of the shooting. Sullivan also testified he was approximately 150 yards away in nighttime conditions when he witnesses the shooting. And was in the custody of Georgia Officials under criminal charges for rape .

Emil Adams, did not know who the shooter was when initially interviewed by Detective Mark Stambach, an did not identify the Valentino as the shooter to police, and instead described the shooter as heavy set black male, six feet tall . While Adams testified Valentino was the shooter, he would not admit to having made a previous statement saying the shooter was six feet tall and heavy set when Valentino stood up at trial at Defense counsels request.

The Prosecutor called three more eyewitnesses, Travis Powell, Robert Lewis and Fred Stancil. None could identify the shooter, each testified, it was dark, it happened to quick. “ Everything was just happening to fast”. “It happened to fast, I mean it was dark out”. Robert Lewis testified “Aaron Jackson had something silver in his hand”.

At the close of the prosecution’s case, the defense rested without calling any witnesses or presenting any evidence. Although during jury selection, the defense told Jurors the Defense would present witnesses, and Valentino would testify. The prosecutor reiterated the same in the prosecution’s opening statement to the jury.

“Mr. Terranova told some of you in the process of Jury Service that he plan to call witnesses, and….should they be called …are going to tell you the defendant didn’t do it”.

Defense Counsel asked the Court for advice regarding his failure to follow through with witnesses he promised the jury. The Court responded stating “that one is not my responsibility”, “I would help you if I could, but I don’t know if I should”.

During deliberations, the Jury asked for the statements eyewitnesses John Sullivan, Emil Adams and Aaron Jackson gave to the Police. The jury could not review said statements because defense counsel never introduced them into evidence.

Also during deliberations, the jury requested a read-back of the Emil Adams trial testimony, and the Jury specifically sought a read-back of John Sullivan’s trial testimony to see where and when John Sullivan first identified the gunman. They were unable to review these statements.

At Sentencing Defense Counsel noted a clear recollection of numerous flaws in eyewitnesses testimony, and he blamed himself for several unfortunate decisions that spelled the difference between his clients acquittal and conviction.

Defense Counsel failed to investigate these witnesses or call them to testify at trial. Although Trial Counsel informed Jurors he would present witnesses, the defense rested without calling a single witness or introducing any exhibits into evidence. Just days before trial, counsel told Valentino’s parents he was pleased with the potentially favorable testimony of these witnesses and planned to call them at trial. Conversations with parents were tape recorded.

Below Valentino's tells the court Defense Counsel, Mr Joseph Terranova is not prepared for trial.

 

 

Note:

For the purpose of authenticating Valentino Dixon's false imprisonment, we have made available parts of the actual trial testimony, official police documents and private Investigator's interviews. All testimonies and documents are a matter of public record and can be reviewed at: Erie County Hall, Buffalo, N.Y. 14202

 
 


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