|Contact Victor A. Pulecio|
|Victor A. Pulecio
# 90 A 8697
Elmira Correctional Facility
1879 Davis St
P.O. Box 500
Elmira, New York 14901-0500
|DOB: December 5, 1965|
|Victor A. Pulecio's case data|
|State and County||New York, Rockland County|
|Crime||(2) Counts of Attempted Murder (P.L. 110.00/125.27),
(1) Count of Aggrevated Assault upon a Police Officer (P.L. 120.11),
(1) Count of 1st Degree Assault (P.L.120.10),
(2) Counts of 2nd Degree Assault (P.L. 120.05),
(1) Count of 2nd Degree Criminal Possession of a Weapon (P.L. 265.03)
|Date of Crime||July 1, 1989|
|Date of Arrest|
|Date of Conviction||April 1990|
|Sentence||50 Years to Life in prison|
|Age at the Date of Crime||23|
|Contributing Factors||Official Misconduct|
|Did DNA evidence contribute to the conviction?||No|
|Is there DNA evidence to test?||N/A|
Facts and Questions
- Victor Pulecio was arrested on July 13, 1989 in Newark, New Jersey for the shooting of New York State Troopers Christopher Elg and Noel Sanchez.
- On July 12, 1989, an hour after the shooting a police sketch was transmitted teletype to all police agencies as:
Hispanic male, 35-40 years of age, 5’9 to 5’11 in height, facial hair/mustache, 210 lbs heavy built, long black curly hair, wearing a dark color baseball cap with the word “Captain” in oval patch, dark colored baseball jacket, wearing a bullet proof vest under a dark color t-shirt with a five point star emblem, dark color pants and white sneakers, driving a four door maroon/red rental car with partial N.Y. plates “ZH” General Motors with a red emergency on the hood.
- Victor was a recent college graduate, 23 years old, 5’7 in height, 165 lbs, clean shaven always, with a brown receiding hairline, with a small scar in the center of the forehead. Victor had rented a two-door blue Dodge Dynasty, N.J. plates and the silver 1987 Buick Register in his name was in a local Buick dealer repair shop.
- The sketch was NOT introduced at trial. Why?
- At trial Victor model the alleged baseball jacket, that the police said was found in Victor’s room during their warrant search. It DID NOT fit in size, because it was too small.
- At the crime scene the police found NOTHING that connects to Victor.
- Found sneaker print that was left behind; DID NOT match any of Victor’s prints, nor the State Troopers. Then whose? Police never checked.
- Found (7) seven spent shells scattered around the area. Troopers were shot at a point-blank range. Why are the shell castings spread all over the rear plant area?
- Found that another patrol car gave chase after the shooting, but during the chase on Snake Hill Road their car stalled and could not pursuit. Are those vehicles not maintained and service daily to perform? How does one break down in the middle of a police chase?
- How can anyone (civilian) call for law enforcement agency pretending to be another agency for assistance without proper credentials/verification or police code before sending a uniformed patrol car from headquarters? Police said Victor did via cellular phone.
- The next day July 13, 1989:
Senior Investigator Dennis J. Nolan and Investigator Senior Auld received a telephone call from Gerald Gregory indicating that Victor fit the description. The sketch description?
- Gerald Gregory, Robert Camuglo and Senior Investigator Dennis L. Nolan NEVER testified at trial. Why? They are the prime accuser and Nolan is the Senior Investigator in the case.
- Upon arrest the police wanted Victor to sign a statement. Victor REFUSED, was beaten in attempt to coerce a confession, but he NEVER gave one.
- Victor requested a spectrographic voice analysis and polygraph exam, also a parafin gun residue test. NONE was administered, because they said it was not admissible in the court of law.
- First search warrant, executed without consent. Family members observed items that did not belong to Victor introduced into evidence bags.
- Second search warrant without a date, going overboard a day later to get a cellular phone that is supposed to be permanently installed in the 1987 silver Buick.
- However, upon trial the phone is now in a black carrying case, becoming a mobile cellular phone. How?
- The prosecutor at trial emphasises over and over again that is Victor’s voice. How could they determine it, if Victor NEVER spoke at trial for the jury to compare, and if the 5-6 second tape recording to the police headquarters was even Victor’s voice?
- At trial the prosecution had three people who said it was Victor’s voice. All three are in law enforcement currently/retired. Are they going to go against their own collegues? No, of course not.
- My four character witnesses can verify it was NOT my voice, but where never asked by the defense nor prosecutor.
- Why is Victor’s register permanently installed by a cell-phone company into a silver Buick and now on a black carrying bag mobile with calls to state police barracks? Victor CANNOT explain! If a fingerprint is done on the black tape, that is put together to make the phone mobile, it would show that it is NOT Victor’s print.
- Intensive pre-trial publicity.
- Victor’s photo in all tri-state newspapers.
- Photo array was highly suggestive – done after releasing the picture in the press, TV and media.
- At the the line-up (four months after the arrest) Victor was asked to wear a blue baseball cap and wear a blue sheet over while sitting down line-up was done with line-up fill-ins who consisted of all deputy sheriff dept. Why did they not have a height/weight description by the troopers?
- Victor did own a gun, registered in New Jersey with its’ permit to carry. It is very hard to obtain in New Jersey, unless you have a CLEAN RECORD.
- Since 1987 Victor owned a .380 Baretta semi-automatic, 85 model (9mm).
- Police said it was the same gun. How was that determined, if according to them the bullet is still lodged in trooper Sanchez’s neck area? How was that compared?
- Question as to the distance determination (range of fire), external terminal ballistic calculations determination (trajectory, ricochet, penetration, etc.) was NEVER done by Victor’s defense attorney at the time because of the lack of money.
- Victor questions the point-blank range (3 to 4 feet) shooting. Trooper Elg was released from the hospital an hour after with a scratch to his forehead. Trooper Sanchez received a bullet into the cheek/ below the eye area, and its bullet is still inside his head? They are both back to work.
- The troopers were supposed to be shot at point-blank with a short 9millimeter caliber semi-automatic. It is questionable as to the whole story at that range.
- There are many inconsistencies from the time of Victor’s arrest to now. Victor maintains his non-involvement, that evidence was planted to fit their story. Framed to cover their illegal activities and obtained the 30 Million lawsuit filed prior to Victor’s conviction to Victor’s former employer Sahlen and Associates. If Victor was found guilty, they get the money.
- In 1993 Governor Pataki assigned a special prosecutor, Nelson Roth to investigate the New York State Police in tampering evidence. Victor’s arresting Troop F – Middletown was included and convicted an investigator Edward Pilus and mentioned the crime scene investigator Kenneth Jones, who testified in Victor’s case, with tampering with evidence in several other cases.
- FBI probing state troopers over drugs and other misconducts in Troop F, the same troop that investigated Victor’s case.
- The District Attorney of Rockland County, Kenneth Gribetz, was disbarred in 1997 media scandal, that involved the misuse of county funds and taking of brides in other cases.
Victor Pulecio’s Statement
Many of these allegations on this page were taken to the court pro-se, because my family lacks the financial resources to hire a private investigator and forensic experts to prove the inconsistencies of the case. I lost every appeal because I am going against a police agency that in turn protects many influential individuals.
Society believes the police would not arrest an innocent person, that they would not fabricate evidence, and that the person would not have been arrested, if he had not done anything wrong. The media attention paid to the trial itself usually emphasizes the sensational arguments by the prosecutor for guilt. The true tragedy is that mainstream media only reports half of the truth, and that being what the police, prosecutor or politicians say it should be. The other half of the truth that an innocent person is accused, is not sensational enough or newsworthy.
I thank the alternative media for usually providing the other side of the story for those who attempt to seek it and the handful of truth seeking reporters that still exist. In my case, the assumption that the accused is innocent until proven guilty, is from time to time supplanted by a new maxim: innocent until publicized.
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Investigating Reports (pdf, 8 pages)
SUPPRESSION HEARING (WADE & HUNTLEY)
April 19, 1990
Proceedings (pdf, 5 pages)
Trooper Noel E. Sanchez’s Testimony (pdf, 30 pages)
Trooper Christopher L. Elg’s Testimony (pdf, 23 pages)
Proceedings (pdf, 13 pages)
Investigator Dennis J. Nolan’s Testimony (pdf, 4 pages)
Investigator Paul George Kunar’s Testimony (pdf, 20 pages)
Investigator Senior B. Auld’s Testimony (pdf, 5 pages)
Victor A. Pulecio’s Testimony (pdf, 36 pages)
Proceedings (pdf, 8 pages)
from April 23, 1990 to May 9, 1990
Proceedings (pdf, 34 pages)
State’s Opening Statement (pdf, 19 pages)
Sergeant Harold Johnson’s Testimony (pdf, 15 pages)
Investigator Donald Markert’s Testimony (1) (pdf, 39 pages)
Investigator Kenneth Jones’ Testimony (pdf, 19 pages)
Trooper Evelyn Rooney’s Testimony (pdf, 11 pages)
Trooper George Holshek’s Testimony (pdf, 11 pages)
Sergeant Thomas Francis McHugh’s Testimony (pdf, 16 pages)
Sergeant Charles Heady’s Testimony (pdf, 14 pages)
Investigator Charles W. Foster’s Testimony (pdf, 3 pages)
Trooper Eric Sickmiller’s Testimony (pdf, 4 pages)
Sergeant Thomas F. McHugh’s Testimony (2) (pdf, 2 pages)
Trooper George Holshek’s Testimony (2) (pdf, 5 pages)
Trooper Noel E. Sanchez’s Testimony (pdf, 75 pages)
Trooper Christopher Elg’s Testimony (1) (pdf, 57 pages)
Identification Officer John Wassmer’s Testimony (pdf, 5 pages)
Samuel Gilner’s Testimony (pdf, 19 pages)
Michael Onody’s Testimony (pdf, 23 pages)
Private Investigator Richard Wenskoski’s Testimony (pdf, 38 pages)
FBI Special Agent Donald R. Kleber’s Testimony (pdf, 8 pages)
Dina Marquis’ Testimony (pdf, 14 pages)
Detective Thomas Trainor’s Testimony (pdf, 21 pages)
Detective James P. Molinaro’s Testimony (1) (pdf, 17 pages)
Investigator Senior B. Auld’s Testimony (1) (pdf, 3 pages)
Surveillance Technican Pat Massi’s Testimony (pdf, 4 pages)
Investigator George Pinther’s Testimony (pdf, 6 pages)
Firearms Examiner Dominic Denio’s Testimony (pdf, 32 pages)
Senior Auld’s Testimony (2) (pdf, 5 pages)
Dr. Augustine L. Moscatello’s Testimony (pdf, 13 pages)
Dr. George Marcowitz’s Testimony (pdf, 6 pages)
(May 9, 1990)
Senior Auld’s Testimony (3) (pdf, 11 pages)
Detective James P. Molinaro’s Testimony (2) (pdf, 3 pages)
Laboratory Assistant Director Keith Coonrod’s Testimony (pdf, 3 pages)
Investigator Donald Markert’s Testimony (2)( (pdf, 8 pages)
Christopher Elg’s Testimony (2) (pdf, 7 pages)
Trooper Daniel J. Bien’s Testimony (pdf, 12 pages)
Frank Moore’s Testimony (pdf, 8 pages)
Detective Stephen Colantonio’s Testimony (pdf, 7 pages)
Frank Caso’s Testimony (pdf, 10 pages)
Sergeant John Delesio’s Testimony (pdf, 3 pages)
Ismael Bonilla’s Testimony (pdf, 15 pages)
Thomas Buccine’s Testimony (pdf, 10 pages)
José Antonio Serra’s Testimony (pdf, 12 pages)
Dorothy Wrona’s Testimony (pdf, 24 pages)
Defendant’s Closing Argument (pdf, 14 pages)
State’s Closing Argument (pdf, 45 pages)
Case Evaluation (pdf, 35 pages)
Legal Correspondence (pdf, 4 pages)
United States Securities and Exchange Commission (pdf, 5 pages)
Office of the General Counsel
RE: Appeal, Freedom of Information Act (FOIA) Request
Report To The Honorable George Pataki, Governor Of The State Of New York (pdf, 31 pages)
Pursuant To Section Six Of The New York State Executive Law
The New York State Police
Evidence Tampering Investigation
Nelson E. Roth
January 20, 1997
Ithaca, New York
Firearms Examiner – Forensic Consultant (pdf, 2 pages)
Newspaper Articles (pdf, 12 pages)