Proving Government Misconduct in my Case, by Tony Viola
I’m often asked why it’s taking so long to correct the obvious injustice in my case, especially since I won a second trial on identical charges and proved my innocence using evidence the Justice Department said didn’t exist. So far, Assistant U.S. Attorney Mark Bennett has gotten away with the following illegal actions in my case:
(1) Mark Bennett falsely stating — in writing — that there was no FBI interview with one of the lender executives in my case. But, after the first trial, I obtained that interview, in which Argent Mortgage Executive Steve Newcomb said that bank employees had the authority to approve ‘no money down’ loans. But, wait! Prosecutors told jurors those loans were not allowed and I tricked the bank into making the loans. Mr. Bennett suppressed this interview because it ruined the government’s case that the bank was duped into making such loans. That interview was utilized at my second trial and allowed me to compel the bank to admit they both allowed and knowingly made the loans at issue in my case — thereby proving my innocence.
(2) In order to gain insight into defense trial preparation, Mark Bennett directed his Office Manager, Dawn Pasela, to wear a wire and record a series of post-indictment interviews with me. Ms. Pasela was also given government funds to donate towards my legal fees. Prosecutors then used Ms. Pasela’s cancelled check to subpoena records relating to my legal defense expenditures, all of which is illegal.
(3) Prosecutor Bennett falsely telling jurors in federal court that our real estate contracts were fraudulent — but that’s not true. These contracts and addendums were copied from sample forms on government web sites and approved by my corporate attorney, confirming that I am in jail for following the correct legal advice of my real estate lawyer.
(4) In order to “win” a conviction, Prosecutor Bennett knowingly utilizing the false testimony of government witness Kathryn Clover, who admitted at the second trial she lied in federal court. Ms. Clover was then allowed by prosecutors to take the Fifth Amendment while testifying as a government witness. If anyone has ever heard of a government witness being allowed to take the Fifth Amendment during a trial, please let us know!
Some proof of the government’s misconduct became available at the second trial, most of which was provided by Ms. Pasela. But other evidence has surfaced about intentional wrongdoing by prosecutors from these sources:
(1) Prosecutors initially claimed they did not possess any recordings with my voice on them. However, a 2012 Ohio Supreme Court investigation confirmed the existence of tapes made by Ms. Pasela — which have yet to be provided to me despite numerous requests.
(2) Ms. Clover’s former boyfriend, Bryan Butler, contacted us to let us know that Prosecutor Dan Kasaris had a four year long sexual relationship with Ms. Clover. This affair includes hundreds of spicy e mails between Prosecutor Kasaris and Ms. Clover, including ones in which Prosecutor Kasaris professes his “endless love” for Ms. Clover, isn’t that nice?
(3) A pending public records lawsuit in Erie, Pa. has uncovered significant additional government misconduct, including the existence of an undisclosed “mail cover” without a warrant, additional tapes made by the government but never provided to me and confirmation that the federal government possessed key evidence that was later “lost,” See Viola v. Department of Justice, Case # 15-cv-242, Western District of Pa., Judge Susan Paradise Baxter presiding.
We’ll keep you updated as we learn more about the prosecutorial crime spree that took place in this case. Thanks for reading our blog and be sure and let us know your thoughts!