Nelson Rodriguez, acting pro se, in 1991 and again in 1998 he made multiple diligent request for the Bronx District Attorney’s Office under the freedom of information law (F.O.I.L) for certain material relevant to his trial, including recorded interviews of two witnesses that were employees of the people’s key witness Diaz, and other documentary evidence from the US Attorney’s Office (that during Nelson’s multiple prosecutions the Bronx D.A.’s Office claimed were not in their possession) all to no avail. When these requests were refused, Rodriguez on October 1, 2000 brought an action under C.P.L.R. art.78 to compelled production of such information. Nevertheless, the Bronx County Clerk’s office failed to file these actions claiming in advertence, and the matter did not come before the Supreme Court till five (5) years later.
In 2007, Justice Nelson Roman of the Bronx Supreme Cout after reviewing the evidence ruled in favor of Rodriguez, and ordered the Distict Attorney office, to turn over the favorable evidence to Rodriguez, which the District Attorney had intentionally withheld during his trial. The District Attorney’s office moved for re-argument and it then took two more years (2009) before Rodriguez was allowed to review the evidence he had for over 20 years to review and/or obtain. The district attorney’s office even after receiving Justice Roman’s ruling asserting that the “statements” given by witness number one witness number two provided information which tends top exonerate Rodriguez, the District Attorney’s Office “still” refused to turned over the evidence and force Rodriguez into a stipulation which will give him the opportunity to review the evidence but will not be permitted to retain a copy.
Thereafter, Rodriguez family helped hire Attorney Robert C. Reuland, who based upon the new evidence including additional suppressed evidence he was able to obtain, on October 23, 2009, he prepared and filed a post conviction motion C. P. L. 440.10 (on behalf of Rodriguez before the honorable justice Mega Tallmer). Requesting vacatur of Nelson Rodreiguez wrongful conviction upon the basis that the prosecution intentionally withheld exculpatory evidence and introduce evidence known to have been false before a Superior Court, and also, new evidence that appears to reveal that the court who presided over Rodriguez’s matter at the time it did, lacked want of subject matter jurisdictions to do so, another issue that’s been presented at a most anticipated evidentiary hearing needed to resolve the several outstanding issues of fact in this case.
Therefore, we asked for the Bronx community and anyone around the world after reading this heartbreaking story will feel compelled to support Nelson Rodriguez’s fight for true Justice, either by way of a supporting signature and/or any other support that your current situation allow you to, please provide your contribution which would solely be used for legal fees and to keep the awareness of Nelson Rodriguez’s fight for true justice and freedom alike At: The Nelson Rodriguez Legal Defense Fund.