Facebook & Searches

instead of apologizing and offering amends, on September 28, 2020, less than three months later, Parole decided to go after me once again.

Officer Hernandez’s replacement, Samantha Roll, along with several other officers, and in multiple vehicles, demanding to see my cell phone. She then asked me if I had made a Facebook friend request for my ex-wife, Judy Nanni. I responded, “No do you think I’m stupid? She would be the last person on earth I would send a friend request to.” 

She then showed my cell phone to another officer, telling him, “Dizak is lying, there are eight more searches for Judy Nanni on his phone.” I was handcuffed and taken to their offices where I was also charged with Criminal Contempt  by the Rochester Police Department. This was followed by my transfer to Monroe County Jail where I sat for the next six months.

In the meantime, at a hearing held on October 13th, 2020, PO Roll finally admits that there never was a Judy Nanni friend search or request per her original accusation and charges. (Apparently, she had previously erroneously assumed that a Facebook search was the same as a friend request.) However, she then replaces that accusation with a new charge? “A copy of a notice from Facebook to Judy Nanni dated September 21, 2020,  “Stuart Dizak wants to be your friend.” However, Facebook after the fact, confirmed that they had no record of any Friend Request from Stuart Dizak to Judy Nanni. Unfortunately, it was only revealed much later that friend request originated not from me, but from Parole’s own office.

Yet the proceedings became even worse, I was not permitted to enter the hearing room and as such I could not confront my accuser,  Ms Nanni, to exercise my 6th amendment right to confront my accuser. However, that would not have made any difference as she never showed up… And one more thing, the accusatory instrument also failed to make an appearance. The lack of either of the above would obviously have required the board to immediately dismiss the charges. Instead, for some inexplicable reason I was still found guilty and sentenced to another six months in County Jail.

Finally, on December 4, 2020, Rochester City Court dismissed all charges, ruling that even if the Facebook copies existed, they would be inadmissible in any New York court because Facebook accounts can be easily hacked. The court then chastised the prosecutor for wasting the court’s time by stating at previous appearances that he would be providing additional evidence.

*It  gets worse yet, Ms Nanni’s related police report was signed by her and confirmed by the police officer who took her statement, confirmed that she had received the Facebook friend request was on September 20, 2020, the day before the date on the request!

Note: I previously quoted detective Colombo, now before closing, I would like to quote Archie Bunker, “All in the Family.” In fact, it now appears that their very similar actions, of both the NY Parole System and NY Judicial System are relatives, very close relatives.