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Antonio M. DeLeon
Round 1

Affidavit for Bias and Prejudice
Prosecutorial Misconduct Causes Judge to Recuse Himself
But there will be no accountability, and it doesn't get better

June 18, 1998
The Singletary Factor
In a separate case, Antone Singletary is falsely accused and indicted with Agg. Robbery, Agg. Burglary, 4cts of Kidnapping, with gun specs. Prosecutors and Police Detectives push him to name someone in exchange for dropping some counts. DeLeon was subpoenaed in May in this case.

Singletary gives in to the plea agreement, but then files to withdraw after the prosecutors don't deliver. [tr2] Singletary tells Judge Kessler that the prosecutors coerced him to lie about DeLeon, and that he didn't know him. [tr4-5]

Judge Kessler responded that (telling the truth about the misconduct and lies) leaves the Court in a bad position, and that he is amazed. [tr6]

November 16, 1998
Affidavit of Bias Filed
Deleon filed a handwritten affidavit with the court asking Judge Kessler to recuse himself because he knew of the false allegations and misconduct from the Singletary case.

November 17, 1998
Meeting in Judge's Chambers
Kessler overrules the affidavit because its points lack merit, and denies Defense Motion for Continuance. [tr2] DeLeon argues that his affidavit is relevant because the same prosecutors coerced Singletary to lie about him. [tr3-5]

Kessler denies knowing about the Singletary case, and says he doesn't know what it has to do with this case. [tr6] DeLeon reads the transcript back to him, and Kessler squirms. [tr7-20] DeLeon asks for different prosecutors and time to prepare a defense. Kessler denies that the Defense attorneys are not prepared and says he can't believe it. [tr20]

A full jury has already been selected, and is waiting, and now is the first time that a plea agreement is offered. [tr21]

Defense attorney Mr. Arntz again insists that they are not prepared, and they need more time, and this case cannot go forward because of the affidavit. Again Kessler says he does not believe that the Defense is not prepared, and ignores them. [tr23-25] 

Later, he changes his mind, and tells the jury the exact opposite, and that it is the fault of the Defense attorneys, even though he was the one who refused to give them time. [tr74-75]


 

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