Michael Manning - Wrongful conviction of Disabled Man



Michael Manning is a 30 year old, physically disabled, black male, who prior to this unfortunate plight never experienced any legal problems. Michael does not have a history of alcohol, tobacco or illegal drug use. Since 1996, Michael has been physically disabled with a severe lower back injury with limited mobility down to his legs. This injury is the direct result of a work related accident. Since the inception of this injury it has been necessary for Michael to use a cane to walk. On the evening of June 16, 1997, Michael left our home to purchase fuel for his vehicle & pick me up from work when he was followed by two men of questionable character, who had the advantage of weight, height & physical well being over Michael. Michael's vehicle was the first to enter the local gas station. While Michael was in the process of refueling his vehicle the second vehicle entered the station. Michael was immediately confronted at knife point by his main attacker who informed him that he intended to kill him. In an attempt to shield his upper body from the onslaught of the knife the fingers of Michael's left hand were sliced. During the ensuing struggle Michael was unable to gain control of the knife, however, unfortunately, his main attacker was stabbed and later died of the wound. Michael was questioned by Detective Thomas Lynott of the Pocono Township Police. After conferring via telephone with the District Attorney & ADA, Det. Lynott informed Michael that he was not being charged & was being released to return home with his family. A few days after this incident Michael was asked by Det. Lynott if he knew his attacker by another name because the police were experiencing difficulty making a positive identification because this person's name was not matching his finger prints. Michael's main attacker had been known to this family for approximately two years as he was the boyfriend of Michael's step-sister. However, we were limited in our knowledgeable of his background. He was known to us as Harry Burley. Mr. Burley had admitted to his girlfriend and to Michael's biological sister that he had been incarcerated in the State of Virginia on drug charges. When Michael's attorney requested information from the NCIC concerning this incarceration no information was obtainable under that name. The investigation of this case lasted five months during which time Michael was never informed that he was a suspect. Although it was not requested of Michael, whenever he left this state he contacted the detectives to inform them of his whereabouts until we were informed that these contacts were not necessary. On the morning of November 5, 1997, curiously enough, THE DAY "AFTER" ELECTION DAY, Michael Manning was unexpectantly arrested. This clear cut case of SELF DEFENSE was brought to trial on September 8, 1998, by the Commonwealth of Pennsylvania as a murder case. During this trial Michael and his Attorney, Salvatore Vito endured many injustices. The Presiding Judge,Ronald E. Vican, showed contempt for Michael's attorney & witnesses. He clearly displayed disbelief of Michael's testimony. During this trial Judge Vican personally questioned Michael Manning " 89 times," doing great damage to Michael's credibility. The District Attorney of Monroe County, Pa., Mark Pazuhanich, severely twisted the facts of the case and blatantly lied. He informed the jury that Michael did not claim self defense. This misstatement can readily be disproved by the police report taken the night of the attack. He further informed the jury "this defendant failed to prove his innocence." At one point during this trial this DA instructed the jury " to bring back a verdict or he would have to sharpen his jury selection skills." During Michael's struggle for his life his main attacker grabbed him about the legs in an attempt to get him down. In an effort to regain his freedom Michael "kicked" his attacker. It was the contention of the Prosecution that this "kick" infered MALICE. Inview of the limited physical abilities & severity of Michael's disability, this "kick" could not and did not cause bodily injury. The cause of death is recorded as chest wound. The pathologist who performed the autopsy testified that at the time of autopsy no bruised area was evidenced at the wound site. Moreover, the body of the deceased bore no defensive wounds. It was then the contention of the Prosecution that the wounds to the fingers of Michael Manning's left hand were "self inflicted," however, Michael Manning is naturally left handed. Testimony was given by this county's own Criminal Forensic Pathologist, Dr. Isidore Mihalikas, that the wounds to the fingers of Michael Manning's left hand are "defensive wounds." Dr. Mihalikas was initially retained to render his report by the Office of the District Attorney. Dr. Mihalikas has over 30 years experience in his field and testifies more than 95% of the time on this county's behalf, however, his expert testimony was contradicted by a martial arts expert with no previous experience in testifying and whose testimony was based solely on OPINIONS. Moreover, the finger prints found on the knife ARE NOT THOSE OF MICHAEL MANNING. This fact was testified to at trial by a police officer who further stated that no further investigation was conducted to ascertain the true identity of those finger prints. During this trial the accomplice to this attack admitted that they followed Michael into the gas station. The Prosecution further contended that during Michael's struggle for his life he bent over his attacker stabbed him in the chest and gouged a hole in his head. Testimony was given by an eyewitness, who is a retired detective, that throughout this struggle the accomplice was standing two feet behind Michael & was also in possession of a weapon which was identified as a bat or pipe type object. Inview of this testimony along with the medically documented fact of the limitations and severity of Michael Manning's disability the scenario painted by the Prosection is very difficult to imagine and quite absurd. Another eyewitness testified that Michael Manning was not the aggressor. The accomplice to this attack was the friend and co-worker of the deceased attacker, both of whom had been under surveillance at their work place because it was suspected they were dealing drugs on property. This accomplice is a known drug dealer in this county and well known to the Court of Monroe County, Pa. Having previously lied in another police matter this accomplice is certified by this state as a liar, however, he was allowed to testify at the trial of Michael Manning. Moreover, at the time of this attack this accomplice was on parole. Michael Manning's race & color played a major and very negative role with his jury which was most definitely "hand picked," as it was a jury composed completely of "non-peers," who tended to believe all black men are violent and unbelievable. On September 15, 1998, Michael Manning was unjustly and very dishonestly convicted of third degree murder. A conviction that is TOTALLY & ABSOLUTELY "UNSUPPORTED" BY ANY FACTS, EVIDENCE OR TESTIMONIES HEARD AT THIS TRIAL. On November 13, 1998, Michael Manning was unjustly sentenced to a prison term of 12-30 years for a crime he absolutely did not commit. This conviction was appealed by Attorney Vito at the Superior Court & Supreme Court of Pennsylvania, respectively. On August 10, 1999, Superior Court denied Michael Manning's appeal. In reading the denial letter it is curious to see that the issues beneficial to the defense of Michael Manning were "PAPERED OVER." On December 30, 1999, the Supreme Court denied Michael Manning's appeal. With the denial of Michael's appeal at Supreme Court, they seemingly went against their own case laws which emphatically state: (1) "If the person is not the initial aggressor he has no duty to retreat & has the right to mount a defense that will hopefully preserve his life." (2) "It is the assailant, not the victim, who picks the time, place and circumstances of the attack." Clearly, Michael Manning is the "true victim" of this attack, as he is the one that was followed and made to endure an unexpected, aggressive, life threatening knife attack. Michael Manning exercised his God given right to defend the precious life Jesus blessed him with, however, he is not responsible for the very unfortunate, untimely demise of his attacker. Somehow the Prosecution turned a clear cut, unadulterated case of self defense into a murder case and turned the victim into the criminal. It is curious to wonder HOW DID THE " VICTIM" BECOME THE "CRIMINAL????" Racial prejudice is still surrounding this case. It has been brought to our attention and there is documented proof, that at an unrelated proceeding, where the defendant, another black man claimed self defense, Judge Vican made a racial remark invoking the name of Michael Manning. In part, Judge Vican's racial remark was: "I SUSPECT THIS GOES BACK TO THE CULTURAL THING." He then invoked Michael Manning's name and spoke of the case. In speaking of Judge Vican it is noteworthy to mention that he also suffers with a disability as he walks with a "decided limp." Moreover, his wife is a well known, local physical therapist. Inview of these facts, it is very difficult to believe Judge Vican would not be fully aware of the limitations and severity of Michael Manning's disability. Due to the gross TRAVESTY OF JUSTICE Michael Manning as well as his entire family is enduring we have & are continuing to contact all organizations, agencies, etc., whose concerns lie in the areas of civil/human/constitutional rights, medical/physical issues, wrongful convictions, as well as prosecutorial and judicial misconduct to bring much needed exposure to this BLATANT MISCARRIAGE OF JUSTICE. (A list of the organizations actively involved will be provided upon request.) It is our hope that this "urgent message" will be of interest to you, especially in light of the recent news reports of people that have been freed, after languishing in jails, nationwide, having been wrongly convicted. Moreover, it is ironical that a travesty of justice such as this is taking place in this historical state of Pennsylvania, the birthplace of our AMERICAN DEMOCRACY. All the information I have shared with you can readily be verified. After reading this urgent message should you wish to further discuss this all important matter please do not hesitate to contact either Attorney Vito or myself. Attorney Vito can be reached by mail at:
45 North Seventh Street
Stroudsburg, Pa. 18360
or by phone at: 570-424-8890.
I can be reached at: 570-839-0948 or by email at: mannfam@pnpa.net
We are thanking you in advance for any and all considerations you give this serious matter of an innocent man who defended his life and is being unjustly punished for a crime he absolutely did not commit. If this is what the American Judicial System has come to then I respectfully say God bless every one because a situation such as the one Michael Manning encountered could happen to any one of us at any given time. May God richly bless each and everyone.
Sincerely yours,
Mrs. Diane C. Manning,
Mother of Michael
cc: Salvatore P.J. Vito, Esq.

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