*RECORD REQUEST* in reference to Plymouth Superior Court Docket NO: 1983CR00060-(001-003) March 20th, of 2021 (Wareham Police Department)

Domenic Salvatore ALBANESE filed this request with the Wareham Police Department of Wareham, MA.
Multi Request *RECORD REQUEST* in reference to Plymouth Superior Court Docket NO: 1983CR00060-(001-003) March 20th, of 2021
Est. Completion None
Status
Awaiting Appeal

Communications

From: Domenic Salvatore ALBANESE


To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

**IMMEDIATE REQUEST TO WAREHAM POLICE DEPARTMENT, WAREHAM, MA*

*URGENT, and very time sensitive, Respectfully*

NOTE TO ALL: (I have respectfully added the Boston Division of the FBI, and I have added the Plymouth County District Attorney’s Office (again respectfully), for the IMMEDIATE DIRECT KNOWLEDGE of your agencies, in immediate regard to my below set forth RECORD REQUEST from the Wareham, MA Police DEPT). *Plymouth Superior Court Docket NO: 1983CR0060*

Respectfully, to the Wareham, MA Police Department’s Detective Division, and Chief Of Police,
This is DOMENIC SALVATORE ALBANESE, Age 21, of 39 Onset Ave, and respectfully, I am currently released from custody on probation, however there were major technicalities within charges that were filed against me, (Plymouth Superior Court, Docket NO: 1983CR00060-001-003), and I should not have pled guilty at age 19, where I was scared to lose my life if my ex girlfriend’s word that I had made “in-person admissions to her”, that I had called 3 Gun/Bomb threats, (MGL c269-s14c), into Burger King, East Wareham, MA (08/29/2018 @1500HRS), Wendy’s, East Wareham, MA (08/05/2018 @1730HRS), and McDonald’s, East Wareham, MA (08/05/2018 @1915HRS).
Therefore,
In immediate regard, for my own documentation, and for evidentiary use on future post-conviction Plymouth Superior Court date(s), If I file another MOTION (ProSe, Or w/Attorney), in similar regard to previously filed Pro-Se MOTIONS within my Docket, (Retired HON. Justice Cornelius J. Moriarty II, In which were DENIED Without Requested Pro-Se TeleConference Hearing), I am respectfully requesting any OFFICIAL Wareham Police Department and or Wareham District Court issued Record Requests, their results included, and or Subpoenas, and their results included as well, where I became aware of (along with other things), that your Detective Division had originally filed for a SEARCH WARRANT for my 39 Onset Ave residency, (executed 10/10/2018), and an ARREST WARRANT, out of Wareham District Court under original DOCKET NO: (1860CR002074-ABC) for these 3 phoned-in East Wareham, MA Bomb/Gun Threats,

HOWEVER, I’m respectfully REQUESTING these records, in regard to this case (Post Conviction), where after my review of ALL police reports in regard, reviewing the grand jury minutes dated FEB 11th, 2019, or more specifically pages #33 through 40, (WPD DET. Dean J. Decas, being interviewed by Plymouth County ADA Vanessa Madge in regard to lack of direct/indirect evidence being located/forensically extracted from the 2 Apple iPhones that were seized from my 39 Onset Ave Residency on 10/10/2018, where a “VPN” App was located, However, in the USA, and most of the world, individuals reserve the immediate right to secure their communications from hackers, and protect their home networks and or gaming consoles from CyberCriminals and unwanted DDoS Attacks to disrupt our home networks.
My ex girlfriend (Hayley), whom was asked to leave my residence after staying with me for a few months in 2018 after she was being very disrespectful towards my mother, did go to your HQ to speak with Detectives in regard to “Hearsay In-person Admissions”, that were apparently made by me to her, **and to the best of my knowledge after review of my entire case file, Wareham Police Department’s Detective Division, did in fact file charges against me for these 3 calls out of Wareham District Court, without and DIRECT EVIDENTIARY LINK, (telecommunicationally), to these calls, where my ex girlfriend made statements to you guys that I had “made admissions to her while being In person”, where my trial attorney at the time (Louis M. Badwey, had advised me to “take the 2.5 years, You already have 11 months in custody, where Louis stated that on a federal rule of evidence, If a jury/Judge believes your ex girlfriend Hayley’s word that you had made direct in-person admissions to her that you had called these restaurant threats in, you could face upto 70 years if convicted, even though there’s nothing directly or forensically pinning you to these calls other than her word”, so I asked Louis what happened to “Needing Direct Evidence”, and Louis stayed “They do not need any concrete/direct evidence anymore to convict you, if they have a state witness testifying that you had dated her, and that you had made admissions directly to her”, so respectfully, I was 19, I had no idea about the system/probable cause, etc, so I took this deal.. Once incarcerated, I did nothing but research to fight it post conviction (as I knew there were a lot of technicalities, I just needed to research), where CPCS (Patrick Michaud), was appointed by Ret. HON. Moriarty, J. the 2nd, for screening the claims, however, he sided with my trial attorney and stated that he was correct for advising me to plea guilty, as Patrick also stated “Yes you could have been convicted if she was believed on stand”, so he refused to even bring it in front of my sentencing judge, or any higher up tribunal (SJC, etc), and the appeal stopped right there, however, for almost all of my time in custody, I was filing ProSe motion after motion, denied, denied, and denied), however, I assume that my docket would still have these Pro-Se motions that I’ve filed from around a few months after being sentenced, all the way to almost being released, (where my handwriting isn’t so great, as we couldn’t type anything out due to Covid restrictions), however, I did state all of the factual issues within the case itself, on one, or many of those filed motions, where there are most likely things that not even I saw...
I asked Louis M. Badwey before I accepted the plea agreement, To “IMMEDIATELY bring Upto my sentencing judge, that there was nothing here linking me to these 3 calls that were charged and indicted, at all, other than these statements from my ex girlfriend, and also I asked him to also bring upto my judge (Moriarty) on Recorded In-Court Record, that the two iPhones seized, were electronically extracted, (One being my mom’s and obviously the iPhone 8 being mine), and there was nothing directly or indirectly located/retrieved from the phones, however Louis stated “That would only be for trial”, but yet mind you, respectfully, he just advised me against going to trial and pleading guilty, due to the apparent “Federal rule of evidence” on Hearsay In-Person Admissions.

Shortly after this, my appeal attorney (Patrick), sided with my trial attorney (Louis), and at this point I then did stop trying for awhile, until I could think properly, clearly, and actually sit down and look everything over, so upon my release from custody onto my probationary term (Where there’s ALSO major technicalities I’d argue within count 004 of the indictment “Intimidation Of A Witness” as well at some point hopefully), Where I took the time and looked into “everything” case related more in-depth, where I

*IMMEDIATELY Realized, that there was NEVER anything within my case file, which would show ANY “Independent Police Investigation by Wareham Police Detectives in August-October of 2018, to Corroborate my ex girlfriend’s claims of violation of mass state law”.

I, DOMENIC SALVATORE ALBANESE, Age 21, of 39 Onset Avenue, Buzzards Bay/Wareham, MA, (1983CR00060), Do factually state, on this official REQUEST from your Agency (Wareham Police DEPT.)
That at this immediate point in time, there is nothing within the docketed court case file (Plymouth Superior CT, Docket # 1983CR00060), which would show any investigation by your department into the “SOURCE”, or “POINT OF ORIGIN” of these 3 calls..

There is not one thing that shows that WPD Detectives, (August of 2018, To present), during the course of this investigation in 2018, ever attempted to “TRACE”, or “PING”, these calls to a source, and or origin, (Which very well could have determined if anyone else could have made the calls, before I was charged on the “Non Verified/Corroborated” sole statements of my ex girlfriend that I admitted to making the calls”.

Wherefore,
Due to the nature of this request, and the URGENCY of this matter/issue, I, DOMENIC SALVATORE ALBANESE, Age 21, did on this day (March 20th, 2021), Do IMMEDIATELY REQUEST that WPD turn over ANY Issued Record Requests/Subpoenas to these 3 restaurants (BK, McD, and Wendy’s) telephone network providers (with results), and or ANY Record Requests/Subpoenas issued by Wareham District Court to the Wareham Police Department and or their Detective Division, Between August of 2017, To Present..

Respectfully Filed,
Domenic S. Albanese, 39 Onset Ave, Age 21
FINISHED/SUBMITTED on SATURDAY, March 20th, of 2021 @4:23PM

Thank you.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical documents.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 business days, as the statute requires.

Sincerely,

Domenic Salvatore ALBANESE

From: Domenic Salvatore ALBANESE

Respectfully, See recent update.

These records are needed urgently,
Thank you.

If Wareham PD’s records division does not have access to these records that Im requesting for my post conviction defense, I respectfully ask for you to speak with your ensure Detective Division in immediate regard.

Thanks.

Dom Albanese

From: Wareham Police Department

Lt. Peter Flannery responded to your request on Monday, March 29, 2021 at 11:10 AM with the following:

Mr. Albanese,

All reports involved with your case were forwarded to the court. Therefore, your attorney would of received them as part of discovery.

Thank you,

Lt. Peter Flannery

Wareham Police Department

Cassandra Cassidy, Administrative Assistant

Wareham Police Department

2515 Cranberry Hwy.

Wareham, MA 02571

(508) 295-8023, Ext. 2225

Fax: (508) 295-9505

NOTE: Due to the recent Corona Virus Pandemic, the Records Office is closed to the Public, until further notice. All requests for reports are available thru email or by mail only. Thank you for your patience!

From: Domenic Salvatore ALBANESE

I ask that this request be IMMEDIETELY, forwarded to Chief Of Police Walcek, and your DETECTIVE DIVISION, as the RECORDS that I am requesting from your AGENCY, which only your AGENCY would retain, (as you were the investigating/filing AGENCY), and the RECORDS that I immediately REQUEST, are EXTREMELY meritoriously "EXCULPATORY" RECORDS, which would show to an Appeal's court, or PLYMOUTH SUPERIOR COURT (BROCKTON), as I have filed the below uploaded ATTACHED MOTION and or DOCUMENT, Pro-Se, Out of PLYMOUTH SUPERIOR COURTT, DOCKET NO: 1983CR00060.

The RECORDS and or "LOGS", that I am requesting respectfully, would IMMEDIETELY show whether my DIRECT PERSONAL judgement after REVIEWING EVERYTHING within my COURT DOCKETED file, where there is factually nothing that shows any PRIOR "Independent Investigative Action/Probe into these 3 Burger King, McDonalds, and Wendy's, East Wareham, MA "False Active Shooter" Telephone Calls in summer of 2018, REF WPD REPORT # 18-902-AR for further information, as I respectfully have every credible factual reason based on the DOCUMENTS which are Prior (2018), TO DATE, which are within my entire PLYMOUTH SUPERIOR COURT DOCKET NO: 1983CR00060, where I do JUSTIFIABLY state that without these RECORD REQUESTS and or RESULTS being turned over to the PUBLIC, and myself, by your AGENCY, it would clearly render that there was a "COMPLETE Lack of Investigative Action" OBO Wareham PD's DETECTIVE DIVISION, and most likely other DIVISION's as well, respectfully, as I have verifiable reason to believe that my life was stripped from my at age 18 for multiple years of my life, ALL on the sole statements from individuals whom "were" friends of mine, or in the instant case, my Ex-Girlfriend whom was asked to leave and vacate my residency immediately as she was very disrespectful to my mother (Lori Albanese), where this Ex Girlfriend (Like the 2017 Juvenile Bomb/False 911 Call cases that shouldn't have been released to the press from WPD REPORT 18-902-AR Line #15-67 which are supposed to be all JUVENILE RECORD), where this Ex girlfriend had made statements to your DETECTIVE DIVISION, that I had made "In person admissions", to her that I had "Admitted to calling in 3 threats to BK, MCD, and Wendy's", in 2018, where on 10/10/2018, PROBABLE CAUSE was somehow issued even without PRIOR CORROBORATION to the "Informant's" claims of VIOLATION OF MA STATE LAW, (Through means of phone records, and other action, etc), which could have determined if anyone other than myself (Domenic S. Albanese), could have INITIATED these 3 calls back then. Alot of extremely exculpatory information/data was left out of the RECORDED COURT RECORD, by my assigned Trial Attorney Louis M. Badwey, of New Bedford, MA, where before my GUILTY PLEAS, I had DIRECTLY advised/asked Attorney Badwey, to please advise the Hearing Justice (HON. Judge J. Moriarty II), that the iPhones seized had factually NO FORENSIC/EVIDENTIARY use, as nothing, DIRECTLY, or INDIRECTLY, was located for these 3 calls. I then once I was released, could actually mindfully sit and really dig through my DOCKET without any interruption or loud noises around me, and I am immediately requesting DATA/INFORMATION, that only your AGENCY, would respectfully RETAIN, which "would" show, or "wouldn't" show (Depending on IF your AGENCY DID IN FACT corroborate my Ex Girlfriend (Hayley's) HEARSAY claims that I had admitted to her that I made these calls, before your AGENCY filed out of WAREHAM DISTRICT COURT for the 10/10/2018 SEARCH and ARREST WARRANT's that were EXECUTED on 10/10/2018 (My Residency).

WHEREFORE,
I, Domenic Albanese, request that this APPEAL be ALLOWED, as these records are EXTREMELY CRUCIAL to my Pro-Se POST CONVICTION SUCCESS and DEFENSE, and Id like to show my side of this matter, where these records would show that there's a lot more to the story.

Thank you to ALL individuals/Agencies reviewing.

Respectfully Filed/Appealed,
Domenic S. Albanese
Wareham, MA

  • DEFENDANTS20PRO20SE20MOTION2C20FILED20on20April201st2C202021.docx

From: Domenic Salvatore ALBANESE

Dear Supervisor of Public Records,

I'm requesting an appeal of a recent rejection of my public records requests recently submitted to the Wareham Police Department. Rather than providing the requested records, they indicated that they had passed along the information previously to my attorneys as part of my legal case.

I'm asking them to provide the requested documents directly to me, and as providing documents to a third party is not a proper reason for a denial, I'm asking that you consider directing the Wareham Police Department to provide me the documents requested directly or cite a valid exemption; As this is a time sensitive request first filed on March 20, I'm asking WPD to provide these documents immediately, as I will be needing these documents for my ProSe MOTION which I will be arguing on May 19th 2021 at 9:30 AM at Plymouth Superior Court, DOCKET NO: 1983CR00060 - Counts 001-003 BOMB/HIJACK, WITH SERIOUS PUBLIC ALARM (MGL: Chapter #269 Section #14(C) “SERIOUS PUBLIC ALARM”.

Thank you for your consideration.

From: Domenic Salvatore ALBANESE

Dear Supervisor of Public Records,

I'm requesting an appeal of a recent rejection of my public records requests recently submitted to the Wareham Police Department. Rather than providing the requested records, they indicated that they had passed along the information previously to my attorneys as part of my legal case.

I'm asking them to provide the requested documents directly to me, and as providing documents to a third party is not a proper reason for a denial, I'm asking that you consider directing the Wareham Police Department to provide me the documents requested directly or cite a valid exemption; As this is a time sensitive request first filed on March 20, I'm asking WPD to provide these documents immediately, as I will be needing these documents for my ProSe MOTION which I will be arguing on May 19th 2021 at 9:30 AM at Plymouth Superior Court, DOCKET NO: 1983CR00060 - Counts 001-003 BOMB/HIJACK, WITH SERIOUS PUBLIC ALARM (MGL: Chapter #269 Section #14(C) “SERIOUS PUBLIC ALARM”.

Thank you for your consideration.

I, Domenic Albanese, request that this APPEAL be ALLOWED, as these records are EXTREMELY CRUCIAL to my Pro-Se POST CONVICTION SUCCESS and DEFENSE, and Id like to show my side of this matter, where these records would show that there's a lot more to the story

Thank you to ALL individuals/Agencies reviewing.

Respectfully Filed/Appealed,
Domenic S. Albanese
Wareham, MA

From: Domenic Salvatore ALBANESE

SEE URGENTLY FOR MY POST CONVICTION EFFORTS, (HEARING ON MAY 19th, 2021, 9:30AM), @ PLYMOUTH SUPERIOR COURT , 52 Obery ST, Plymouth, MA 02360

I am still in need of these records, and if they do not exist, this needs to be known on May 19th, 2021 to the Judge over my entire case POST CONVICTION.

Thank you.

From: Domenic Salvatore ALBANESE

Dear Supervisor of Public Records,

I'm requesting an appeal of a recent rejection of my public records requests recently submitted to the Wareham Police Department. Rather than providing the requested records, they indicated that they had passed along the information previously to my attorneys as part of my legal case.

I'm asking them to provide the requested documents directly to me, and as providing documents to a third party is not a proper reason for a denial, I'm asking that you consider directing the Wareham Police Department to provide me the documents requested directly or cite a valid exemption; As this is a time sensitive request first filed on March 20, I'm asking WPD to provide these documents immediately, as I will be needing these documents for my ProSe MOTION which I will be arguing on May 19th 2021 at 3:00 PM at Plymouth Superior Court, DOCKET NO: 1983CR00060 - Counts 001-003 BOMB/HIJACK, WITH SERIOUS PUBLIC ALARM (MGL: Chapter #269 Section #14(C) “SERIOUS PUBLIC ALARM”.

Thank you for your consideration.

I, Domenic Albanese, request that this APPEAL be ALLOWED, as these records are EXTREMELY CRUCIAL to my Pro-Se POST CONVICTION SUCCESS and DEFENSE, and Id like to show my side of this matter, where these records would show that there's a lot more to the story

Thank you to ALL individuals/Agencies reviewing.

Respectfully Filed/Appealed,
Domenic S. Albanese
Wareham, MA

From: Domenic Salvatore ALBANESE

As this is a time sensitive request first filed on March 20, I'm asking WPD to provide these documents immediately, as I will be needing these documents for my ProSe MOTION which I will be arguing on May 19th 2021 at 3:00 PM at Plymouth Superior Court, DOCKET NO: 1983CR00060 - Counts 001-003 BOMB/HIJACK, WITH SERIOUS PUBLIC ALARM (MGL: Chapter #269 Section #14(C) “SERIOUS PUBLIC ALARM”.

Thank you for your consideration.

I, Domenic Albanese, request that this APPEAL be ALLOWED, as these records are EXTREMELY CRUCIAL to my Pro-Se POST CONVICTION SUCCESS and DEFENSE, and Id like to show my side of this matter, where these records would show that there's a lot more to the story

Thank you to ALL individuals/Agencies reviewing.

Respectfully Filed/Appealed,
Domenic S. Albanese
Wareham, MA

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