IN THE SUPERIOR COURT OF PENNSYLVANIA

Commonwealth of Pennsylvania 1164 EDA 2016 v. Kathleen Granahan Kane Appellant áUR x: a,.

HAY t X5 ?016

PROOF OF SERVICE - DRAFT EASTERN DISTRICT

I hereby certify that this 2nd day of May, 2016, I have served the attached document(s) to the persons on the date(¡) and in the manner(s) stated below, which service satisfies the requirements of Pa.R.A.P. 121:

Service

Served: Amil Michael Minora Service Method: Email Email: amil.minora @gmail.com Service Date: 5/2/2016 Address: Phone: 570 -961 -1616 Representing: Appellant Kathleen Granahan Kane

Served: Amil Michael Minora Service Method: eService Email: amil.minora @gmail.com Service Date: Address: 700 Vine Street Scranton, PA 18510 Phone: 570 --96 -1 -1616 Representing: Appellant Kathleen Granahan Kane

Served: Assistant Counsel Seth C. Farber Service Method: Email Email: sfarber @winston.com Service Date: 5/2/2016 Address: Phone: 212- 294 -6700 Representing: Appellant Kathleen Granahan Kane

PACFile 1001 Page 1 of 3 Print Date: 5/2/2016 11:33 am

IN THE SUPERIOR COURT OF PENNSYLVANIA

PROOF OF SERVICE - DRAFT (Continued)

Served: Gerald L. Shargel Service Method: Email Email: sfarber @winston.com Service Date: 5/2/2016 Address: Phone: 212- 294 -2637 Representing: Appellant Kathleen Granahan Kane

Served: Kevin R. Steele Service Method: Email Email: ksteele @montcopa.org Service Date: 5/2/2016 Address: Phone: 610- 278 -3098 Representing: Appellee Commonwealth of Pennsylvania

Served: Robert Martin Falin Service Method: Email Email: rfalin @montcopa.org Service Date: 5/2/2016 Address: Phone: 610- 278 -3102 Representing: Appellee Commonwealth of Pennsylvania

Served: Robert Martin Falin Service Method: eService Email: rfalin @montcopa.org Service Date: Address: Montgomery County Courthouse P.O. Box 311 Norristown, PA 19404 -0311 Phone: 610- 278 -3104 Representing: Appellee Commonwealth of Pennsylvania

Served: Ross Mitchell Kramer Service Method: Email Email: sfarber @winston.com Service Date: 5/2/2016 Address: Phone: -- Representing: Appellant Kathleen Granahan Kane

PACFile 1001 Page 2 of 3 Print Date: 5/2/2016 11 :33 am IN THE SUPERIOR COURT OF PENNSYLVANIA

PROOF OF SERVICE - DRAFT (Continued)

Courtesy Copy

Served: Stan J. Caterbone Service Method: Email Email: stancaterbone @gmail.com Service Date: 5/2/2016 Address: Phone: 717 -669 -2163 Pro Se: Amicus Stan J. Caterbone

(Signatur :: of Person Serving)

Person Serving: Attorney Registration No: Law Firm: Address:

PACFile 1001 Page 3 of 3 Print Date: 5/2/2016 11133 am : o

Report Date: 05/02/2016 Submission Status: Not Submitted

Filing Package Tracking Number: WSPRED00082210 Filing Type: Ancillary Description: Superior Court of Pennsylvania Case No. ED Total Fees Due:

Pre -Submission Status ® Select Cases ® Select Filing Type Establish the Participants ® Establish the Counsel ® Upload Filing Documents ® Record Service ® Final Verification Case Information Intermediate Court Cases Docket Number: 1164 EDA 2016 (Lead) Case Caption: Com. v. Kane, K. Case Status: Active Event Track: Appeal Program Status:

Filers Filer Name: IFP Status: Role: Counsel: Current Filings in Progress Filing Name: Amicus Curiae Brief Required: Yes Filing Fee: $0.00 Document Name: Amicus Curiae Brief.pdf Upload Date/Time: 5/2/2016 11:19AM

PACFile 2100 1 Printed: 5/2/2016 11:32:11 AM

Stanley J. Caterbone, Pro Se Freedom From Covert Harassment and Surveillance, Registered in the State of Pennsylvania Advanced Media Group 1250 Fremont Street Lancaster, PA 17603

IN THE SUPERIOR COURT OF PENNSYLVANIA EASTERN DISTRICT

IN RE: Case NO. 1164 EDA 2016

Montgomery Courte Case No. Docket No. 8423 -15:

COMMONWEALTH OF PENNSYLVANIA : v. KATHLEEN KANE

AMICUS CURIAE IN SUPPORT OF KATHLEEN KANE'S (ATTORNEY GENERAL) MOTION TO QUASH BASED ON SELECTIVE AND VINDICTIVE PROSECUTION

TO THE HONORABLE, THE JUDGES OF THE SAID COURT:

AND NOW comes before the said court Stanley J. Caterbone, appearing Pro Se, and Advanced Media Group, as Movant, to file an Amicus in the above captioned case.

The Movant has an interest in this case as also being a victim of "SELECTIVE AND VINDICTIVE PROSECUTION by the Commonwealth of Pennsylvania and the Lancaster Count4li District Attorney's Office dating back to the myriad of prosecutions by the Commonwealth of

Pennsylvania in 1987, 2005, and 2006 while a resident of the County of Lancaster, Pennsylvaniai. Most of which have been dismissed without any convictions, most without any trials, which according

to law are false arrests and false imprisonments. The MOVANT was a Federal Whistleblower in the United States v. International Signal and Control, Plc., case of 1991.

This amicus provides a voice for the Movant as well as providing another perspective and opinion that should benefit the courts; the parties; and the public-at- large. The matters presented in

this amicus have a direct relevancy in the disposition of this case as it does in the Attorney General's (Kathleen Kane) fight to restore integrity and equity to the Judicial System of Pennsylvania, which affects all of the residents of the COMMONWEALTH. The Attorney General has been quoted as

saying she is in a battle with the 'old boys' network' of Pennsylvania and the MOVANT has written extensively about this same select group over the years beginning in 1998. In an intrview with Brian Taff of WPVI on February 16, 2016 the Attorney General is quoted as saying "Everybody

Superior Court 1164 Amicus re Kathleen Kane Page 1 of 48 Thursday, April 28, :t 016

makes mistakes. I knew there was a good old boy network, everyone does. I had no idea how deep and how powerful that network actually ran. The fact that I took it on and I wasn't silent about it and that I am determined to tear that down, I think that's what my legacy will show."

In a 1998 narrative the MOVANT wrote the following "This story was pierpetuated through a gross miscarriage of justice: a tenure of malicious wrongdoing by both the law enforcement community of Lancaster County and the Commonwealth of Pennsylvania, as well as community leaders. A process that continues to obstruct Stan Caterbone's rights for justice. It's mannerisms reach into the inner soul of political and judicial corruption. All in the name of greed, and all in the honor of continuing the status quo of the "Good Ole Boy's" club of Lancaster County. A process obsessed with keeping it's disclosure from escaping beyond the confines of "Pandora's Box ". It's a tenure of power that evolved frorin the days of this country's earliest settlers, but an evolution that has somewhere strayed away from the intent of our constitution; with total disregard for the law, in total disrespect for the Constitution, and void of many of our civil liberties. This atrocity, like the Lambert case, would have made our founding forefathers revel in disgust and bellow in despair. In fact, their spirits and energies probably are!"

In 2009 Opednews.com printed the narrative in full and the MOVANT wish0 this said court to consider it's content in it's final deliberations in support of dismissing all prosecutions against the Attorney General of Pennsylvania. In addition attached are supporting, documents to advanced the credibility and integrity of the MOVANT. These documents are attached as EXHIBITS.

Diary: Lancaster County, The CIA, and U.S. Sponsored Mind Control,

http://www.opednews.com/populum/diarypagem.php?f= Lancaster -County -The-

i CIA -by -Stan- Caterbone- 091125- 169.html

In addition the MOVANT wrote to the ATTORNEY GENERAL on November 12, 2015 and stated the following "Back in 1998 I had a meeting with an NSA (National Security Agency, Ft. Meade, Md) operative in a parking lot of a former car dealer in York, PA. I had just attended a job fair and he approached me as I was about to get into my car. He introduced himself as being from the NSA and I questioned him about why the y would not leave me alone. His response was "It is not US (NSA) it's the Good Ole Boys ". I also have a huge problem with modified, stolen, and planted documents. W parted ways in an amicable fashion."

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The ATTORNEY GENERAL returned a letter the following day that stated "Dear M Caterbone, Thank You for your correspondence to the Office of Attorney General, we. will keep your information in our files ". These are attached as EXHIBITS.

Date: April 28, 2016 St., ley ' . Cater. ' e, Pro Se Freedom From vert Harassment and Surveillance Advanced Medi. Group 1250 Fremont Street Lancaster, PA 17603 www. amgglobalentertainmentgroup.com scaterbone(@live.com (717) 669-2163

Superior Court 1164 Amicus re Kathleen Kane Page 3 of 48 Thursday, April 28, 2016

HAD LANCASTER COUNTY (Pennsylvania) LOST IT'S SOVEREIGNTY BEFORE IT Lost- IT'S SOUL ?1 Authored in May of 1998 Í

"Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope. And crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression. ". by Robert F Kennedy

In 1987 This Plaintiff (Stan J. Caterbone) Had Unjustly Lost His Freedoms, His Rights, And His Pursuit Of Life, Liberty And Justice.

The following report (most identities purposely omitted from this version) is an amazingly true and factual account of an extraordinarily bizarre tragedy that has turned one man's life into arts eleven (11)2 year free fall into "Dante's Hell ".

On the surface, this is a story of a victim (Stan J. Caterbone) struggling to seek the, truth, but in reality, the evidence will conclude that this is a victim, literally, held hostage by v rtue of his truth. Later, the preponderance of evidence that Stan Caterbone has amassed and his obsession for meticulously documenting his ordeal might seem eccentric, yet his demonstrated ability to react to events before they unfold appears mystical. And this was his manner in which he tactfully defended and protected his life. It is these actions that have painted the landscape

with a dire vengeance for his ruin. His actions will ultimately serve to protect, preserve, and foster the truth of his story, incriminating the culpability of his many perpetrators, while at the same time being twisted and tainted in a relentless manner to attack his credibility.

This is a story of a human being endearing for his rights, living in fear of his life, and the remedial actions required for the truth to set him free. A victim (Stan J. Caterbone) forever) believing in his accomplishments and his visions, yet forced to adhere to a lifie of their) diversions. Fatefully, ten years after being taken as a "political hostage ", with the aid of numerous arrests and false imprisonment's conveniently falling short convictions, a Federal Judge, Judge Stuart Dalzali, of the Eastern District Court of Pennsylvania, opened a 'Pandora's Box" into the true colors of the inner workings and politics of ultra conservative Lancaster County, Pennsylvania, a supposedly "God's" country. His findings reeled a drai-natic and emotional response from the Lancaster County community that was akin to the assassination of

2

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JFK. A community where "obstructions of justice" strikes a startling and stark contrast to thle image it so desperately embraces. A community proud of it's "tough on crime' judges, a

community of "plain folks" and Amish, and a community settled in a beautiful landscapie

abundant in an agricultural bounty. This is not a community of compromising integrity. Or so vt has been perceived.

Judge Dalzall's extremely controversial findings were responsible for Pennsylvania's own crafting of the "Laurie Bill ", the retaliation by the Commonwealth of Pennsylvania intended tI curb the Federal Courts interference within the respective state's own jurisdilctions and

proceedings. Or was it a political maneuver to close the lid on "Pandora's Box "? The Pennsylvania Attorney General and the Lancaster County District Attorney have both thrown aÍl their might and all their muscle at turning the tides of Judge Dalzall's findings. This story an(''i Stan Caterbone's rights have been violated and abused by some of the very same principal; that were responsible for Judge Dalzall's unsettling revelations. Lancaster County prosecutors

were found to have engaged in one of the grossest acts of prosecutorial misconduct "found inl the English speaking language ", which allegedly occurred in this now famous Lisa Michelle

Lambert case, a murder trial which began in the summer of 1992. Subsequently, it is now i

the midst of a treacherous appeal process convened by Judge Dalzall. And if so, by fate, in Philadelphia, Pennsylvania; the home of the "Freedom Fighters ".

It is this public disclosure, that casts a new light and sudden hope for freedom into Star Caterbone's unbelievable and horrid story, that begun just four years prior to the murder of Laurie Show. It is the decisive similarities of how both victims were subjected to a calculated and politically motivated attempts to "frame" and "fabricate circumstances" to obtain the results that justified the means for illicit self- serving interests. This very same conduct, committed by public servants, elected and enlisted to enforce the law, to which Judge Dalzell found so appalling. Conduct, which violated the very same rights their respective IlOffices ar commissioned to protect. Conduct, which strikes the meaning of "We The People', from ours nation's very own Constitution.

I !, Fortunately, Stan Caterbone's story is laced with a thread of faith, a faith in God. And because of his faith, Stan Caterbone will forever regard Lisa Michelle Lambert' and Laurie Show as hisl little "Angels of Justice ", a Godsend. An answer to his many prayers, that for the firist time in ten years provided a small glimmer of hope, and a few moments of solitude that have materially justified his own tragic experience. The realization that the truth is that rrimuch more believable because of the trials and tribulations of Lisa Michelle Lambert. Unfortunately, this revelation came at the unfortunate and untimely death of Laurie. However, it just may be God's

intentions of a Higher Purpose.

3

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This story was perpetuated through a gross miscarriage of justice: a tenure off malicious wrongdoing by both the law enforcement community of Lancaster County and the Commonwealth of Pennsylvania, as well as community leaders. A process that continues to obstruct Stan Caterbone's rights for justice. It's mannerisms reach into the inner soul if political and judicial corruption. All in the name of greed, and all in the honor of continuing the

status quo of the "Good Ole Boy's" club of Lancaster County. A process obsessed with keepinga it's disclosure from escaping beyond the confines of "Pandora's Box ". Its a tenure of power that evolved from the days of this country's earliest settlers, but an evolution that has somewhere strayed away from the intent of our constitution;

with total disregard for the law, in total disrespect for the Constitution, and void of many of our civil liberties. This atrocity, like the Lambert case, would have made our founding ,forefathers revel in disgust and bellow in despair. In fact, their spirits and energies probably are!)

AT ISSUE

The central issue in this story is a cover up, a cover up of mass proportions, and of perplexing -I design, with national consequences. The fact of the matter is that this cover up has had ramifications throughout this world; specifically the Middle East The cover up would beie emphatically unbelievable without the wealth of evidence, especially the recorded conversations with Pennsylvania officials. A cover up that permeates from what will later emerge as the 4ttl largest financial fraud (Billion Dollars) in the history of the United States coupled with they covert sales of arms to Iraq. And five years after this cover up began, these same munitions¡ were used against our own troops in the Persian Gulf War. And of course, there are admitted

ties to the Central Intelligence Agency (CIA) and the National Security Agency (NSA).. And this, cover up and story, which began in June of 1987, in Lancaster County, preceded criminal indictments by the United States Attorney General, the Federal Bureau of Investigation (FBI), the Internal Revenue Service (IRS), the Department of Justice and Commerce, and more. A vast array of criminal activities conspired from the ultra conservative Lancaster County, where God is supposedly supreme, and it's hard line approach to crime is said to be preeiLninent. Ini June of 1987, Lancaster County was immersed in a dynamic twist of fate, with a host of players) which may never be fully identified.

The irony of this story is how Lancaster County manages the disclosure of the very same I criminal activities that this story proves that it condoned, prior to the intervention of federal, authorities. It most dramatically will prove the nature of its integrity, or lack thereof. International Signal & Control, (ISC) is the controversial player in this web of conspiracy. In 1987, ISC was the third largest employer in Lancaster County, a non -discrete defense; contractor. In all due respect to our beloved country, this report is in no way challenging the

Superior Court 1164 Amicus re Kathleen Kane Page 6 of 48 Thursday, April 28, 2016 policies or the activities of the Department of Defense, or the vast agencies of the "Intelligence Community ", especially the CIA or the NSA (National Security Advisory). with regards to ISC'is

foreign dealings. Trying to protect the world of malicious and evil empires is a prolcess whicli never ends, and whose players are constantly changing. And our respective intelligence

agencies are continually challenged with the task of trying to make a difference, in jccordance with protecting our national security. Unfortunately, given the nature of their discrete activities, and given the CIA's history of avoiding congressional approval in certain situations, our current laws are void of effectively dealing with the peripheral catastrophes of such activities that inherently transpire. The CIA remains immune, while everyone outside staffers the consequences.

The fact that the CIA, or anyone of the other intelligence community, may have been involved,

does not grant a blanket of immunity over activities which were not material to protecting our

national security. If a company provides a service to anyone in the intelligence comnliunity, our constitution, our laws, and its respective commercial regulatory authorities, must still have the full sense of their jurisdiction. The intelligence community may not have the right of intervention into the commercial enterprise, or organization, circumventing the rights of its employees, shareholders, creditors, and customers. No United States law or statut6 suggests, that there is any involuntary mandate that requires any of the preceding to compromise his or her interests in the respective enterprise for the sake of national security, or the respective intelligence agency. There must be considerations paid to all involved for those ights and,

interests that compromise such a relationship. Otherwise, the CIA could effectively gain control of any domestic corporation it so desires, without ever owning one share of its outstanding stock, simply by enlisting its product or services for the sake of national security¡. The CIA

requires a formal vehicle to enlist the aid of our domestic commercial enterprises, ISC is a proven and unfortunate example of that.

1 Stan Caterbone was a shareholder of record of International Signal & Control (ISC) for the previous four years prior to when this tragic ordeal began. Stan Caterbone was to purchase the stock from now Republican Pennsylvania Senator Gib Armstrong, who was in the brokerage business at the time and selling ISC stock. The stock was sold over the London Securities Exchange, supposedly for reasons to suppress information. Stan Caterbone was interested in the stock because of his appetite for technology, and was more curious about the business of ISC, than anything. In fact, Stan Caterbone had never made any inference to any of the illicit dealings with Iraq. However, the perpetrators of this story, attempt to hide behind a vale of

I "national security," in an effort to find legal immunity from all wrongdoing. In accordance, the

record will prove that this is merely a smoke screen used to intimidate and obstruct Stan Caterbone's access for due process of the law.

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The trials and tribulations of Stan Caterbone are unprecedented in terms of emotional an l psychological duress, fortunately his indestructible faith in God, and his enduring belief ii himself and the truth, endures his life. There was one attempt on the his life, days within the public disclosure of the CIA's involvement with the local Lancaster County defense contractor (ISC), which Ted Kopel reported on ABC News Nightline, on May 23, 1991, 4 years after the

initial cover up began. This story will depict a series of systematic and strategic offensive attacks upon Stan Caterbone and his businesses that will result failed business enterprises, and

a Hollywood motion picture, deserted. An impeccable professional reputation and a flawless credit rating purposely sabotaged. Financial opportunities, that in 1987, were almost impossible

to extrapolate, Vast financial opportunities and aspirations forever a part of h story. Th's horrendous Crime was perpetrated for the interest of a cover up, further protecting the corrupt enterprises of Lancaster County's International Signal & Control (ISC). A quest for justice that polarized every relationship Stan Caterbone maintained, in Lancaster County and beyond, including friends and family. This story demonstrates a methodology of his perpetrators for keeping Stan Caterbone "quarantined" from justice and public disclosure, through a malicious means of "credibility" proponents, and horrendously deceptive tactics. Financial motives prominently displayed in the hands of all of the perpetrators, which absolves the burden for a traditional conspiracy.

The emotional response to the truth of this story is compelling, to say the least. Subsequent) /, the startling keen sense of perception that Stan Caterbone had demonstrated is even more intriguing. It is this extraordinary quality that is responsible for saving his life, while yet at the same time providing his perpetrators with an alibi and a vehicle for discrediting uis startling allegations and his story. This story embellishes a dichotomy of perception that ha i Hollywood producers from his film project call his work genius, while his perpetrators from the Lancaster County Community conveniently and maliciously labeling him as "insane" and '¡emotionally disturbed."

THE LANDSCAPE

The perplexing question of Stan Caterbone's intelligence, or lack thereof, is best analyzed as a question of perception. However it terms of the legal consequences of the activities contained herein, they are of little if any relevancy. The fact of the matter is that the "mental deficiencies"

have very little relevancy to this story, other than serving as a means to discredit Stan

Caterbone, a vehicle to facilitate the cover up, and a blanket of immunity for all of tie perpetrators.

The heart of Stan Caterbone's legal dogma is best described as follows: If a person, is

perceived to have a "mental deficiency "; yet whose actions and decisions are always proven to be instinctually and amazingly prudent, always abiding within the law, and in the best interest

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of his affairs, what rights and protection do the laws afford him from persons atI)using that perception, in order to yield political and financial rewards, as a direct consequEmce of his demise? Furthermore, how does the law protect his rights, if any and all malicious acts against Stan Caterbone, are constantly and immediately disregarded because he is perceived to not to be "credible "? As this story unfolds, these questions will become even more trciubling and appalling. Although Stan Caterbone could never describe the pain of his trauma, he Would often say that the closest situation that may compare is that of a woman being continuoiusly rapec, night after night, helplessly praying for relief, struggling to free herself from her captor, all with no avail. He would call it as being "brain f ".

Stan Caterbone, coming from the lower middle class of Lancaster City, was only 29 years old when this tragedy began. Coming from a broken home, he was the third of six boys( While at a

very young age, he would help his mother run a dry cleaning business, in an amazing similarity like Lisa Michelle Lambert, he had also nursed his mother during bouts of depression. While in high school, he was nursing his mother's depression, while at same time tending to his older brothers bouts of schizophrenia. Stan Caterbone had learned to listen to the obscenities of

mental illness since he was a child. He learned to fill the shoes of his absent father in helping his mother raise his three younger brothers.. Stan Caterbone was often called thle "little old man" because of his extraordinary maturity as a child. Stan Caterbone was determined :o break the "barrier" of the "Good Ole Boy's" club or the power elite, and had always felt a sense of compassion for those less fortunate, and those neglected by those of material means, the oppressed and impoverished. He had an undivided aspiration to someday make a difference to those that could not help themselves, especially his older brother. Through his ingenious, resourceful, and honest business approach, he was relentlessly growing his business and their respective missions, in constant reminder of his oppression. His in depth understanding of computer technology and his vision were his most powerful allies. Always pushing the envelope for advanced technologies and seeking solutions for the most efficient means of his (operations.. He knew that every break was going to be few and far between, he dedication himself to his work, and married his business affairs, always embracing his projects with a passion.

In 1986, after serving on the Board of Directors for the Central Pennsylvania Chapter of International Association of Financial Planners (IAFP), Stan Caterbone had made a large contribution to increasing its membership and it's awareness among local professionals, as it's vice president. In an effort to promote the organization, Stan Caterbone solicited a nationa ly

recognized and prominent financial planner from Washington, D.C., to be a headlin 2 speaker at

a dinner meeting. Ms. Alexandra Armstrong, one of the most nationally recognized financial planners, often headlined in Money Magazine, attracted 100 industry professionals to tie Treadway Resort Inn. The attendance was unprecedented for the local IAFP chapter. The IAÌ =P

is the authoring organization for certification as a financial planner. It was through the direct

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conversations with Ms. Armstrong regarding his ideas and her experience, that inspired Stan Caterbone to pursue his ambitions of growing his own financial firm, which he began in th following months.

Disgruntled with the conflicts of interest and the lack of incentive for various professionals to work together in managing one's wealth, a process which lacked efficiency, this entrepreneur founded the firm Financial Management Group, Ltd., or FMG as it was often called. The firm

was to incorporate a "one -stop- shopping" strategy and incorporate financial services, legal, accounting, tax preparation, real estate, insurance, mortgage banking, and estate services all in one firm, all residing in one location, all taking advantage of the synergistic approach toward managing wealth. And to provide the professionals long term security and equity participation, all participants were encouraged to purchase stock in the company. This was a new and innovative approach that attracted a lot of attention from investors and clients, but ailso came a lot of nervous twitches from competitors, especially in conservative Lancaster County.

Stan Caterbone began recruiting professionals from all of the other firms, with great success. He had enlisted two partners whom he had worked with at IDS /American Express, to carry out his mission, which he began after extensive market studies and his early version of the company, Pro Financial Group, Ltd., His two partners had followed Stan Caterbone to an independent broker dealer in Atlanta, named Financial Services Corporation, where Ms. Alexandra Armstrong was associated, and encouraged Stan Caterbone to visit, during their discussion after dinner. Within one year, by June of 1987, the firm had invested over $4) million for respective clients.

The company had developed satellite offices throughout Pennsylvania and in several other states, through his unique design. This firm was causing the other financial services companies and the local banks in Lancaster County a run for their money. The firm had built a new 20,00)

square foot office building just a few miles north of the city. The firm was attracting clients, associates, and nervous attention from, well just about everybody. Considering the :apabilities, legal, real estate, insurance, financial services, accounting, FMG was making as many enemies as it was making friends. And Stan Caterbone always believed in the premise that it's always better to have people talking about you, regardless of the matter, than to have no one noti Ie you. And they were talking. Stan Caterbone was only in his late twenties when he started this organization,. He held several positions; he was Executive Vice President and Secretary of Financial Management Group Ltd, and President of FMG, Advisory, Inc., which was one of the many subsidiaries parent company owned. Stan Caterbone acted as the architect and legal administrator of the organization, in addition to building his own financial planning clients. He filed all of the articles of incorporation in the Commonwealth of Pennsylvania and submitted all of the tedious and rigorous filings necessary for the Pennsylvania Securities Commission, which

Superior Court 1164 Amicus re Kathleen Kane Page 10 of 48 Thursday, April 28 2016 e were very demanding considering Stan Caterbone, was selling stock of his company to his associates and investors. Stan Caterbone and his associates had also attracted some very prominent Lancastrians's to invest in his venture, coming from various professional circles, all infatuated with this extraordinary and intriguing concept of this young victim (Stan J. Caterbone). All had seen it's potential for success and financial reward.

Many of his friends were involved, and in Lancaster, everyone knows everybody, so it seams . And everyone talks, gossip is as common as jogging. This exaggerated trait of Lancaster

County, will later to come back to haunt Stan Caterbone, in a way that is most sickening. In a way that will parallel the attitudes and sentiments in the Lisa Michelle Lambert story.

In 1987, his business affairs were reaching a point of incredible success. In fact, most of his family and friends, have always questioned the merits of their legitimacy. He always conducted his affairs with the presumption that time could not afford the opportunity to complete h's agenda, while at the same time disclosing his business affairs to persons that were not directly involved.. Accomplishing his mission was first and foremost. But in Lancaster County, that was

difficult. Lancastrians's have a notion to fear what they don't know, and will always believe what they think they know, regardless of its merits. In Lancaster County new ideas are shunned unless coming from their own, and their own ideas are often kept close at bay, Is inhibiting progress and stymieing learning. By June of 1987, a majority of his business affair( were conducted out of the grasp of Lancaster County, his unknown activities made others curious, especially in Lancaster County, where the blessing of the power elite was essential for success. But, deep down inside, he knew he could never be accepted, because he did not

descend from a family of "social grace ". This fueled his aspirations for success even further, committed to prove that intelligence was innate and learned, not a direct correlation to material wealth or social grace.

An elder attorney, Mr. Kenellm Shirk, a very respected and prominent older Lancaster attorney, who was part of the status quo, provided one of his most cherished testimonials to his concept, his reputation, and his mission. Mr. Shirk had petitioned the Pennsylvania Bar Assocl.iation, after meeting with Stan Caterbone, to obtain their blessing and their knowledge of any laws which would forbid his firm to provide a satellite office in the headquarters of Financial Management Group, Ltd., (FMG) Mr. Shirks firm was to provide a partner, and estate services to the clients of FMG. The Pennsylvania Bar provided a lengthy recommendation that did not prohibit a relationship, although cautioned it to proceed with careful review. The fact that the very young and unknown Stan Caterbone could attract an elder, conservative Lancaster County attorney to associate with his firm was an encouraging sign of respect. Ironically, Mr. Shirk is the father of Roy Shirk Jr., Lisa Michelle Lambert's first attorney who represented her during trial of 1992, the proceeding which was the center of Judge Dalzall's controversial and appalling findings.

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Stan Caterbone prided himself on his entrepreneurship, and after building the foundation for FMG, he set out to take advantage of its resources and it's synergism.

II

By June of 1987, Stan Caterbone had developed a fairly substantial mortgage banking

relationship with a Houston, Texas banker. That operation was capable of providing) lending to potential developers and businesses in the range of $ 3 million to $100 million. And Ithe lending packages were as competitive if not more competitive than the local lending institutions of Lancaster County, capable with even higher lending limits. In a matter of months iof securing this relationship, Stan Caterbone and his partner were evaluating deals from Pennsylvania, New Jersey, New York, Florida, and as far away as California.

There was a uniqueness to his capabilities that was very appealing to potential borrowers. Because of the vast array of services of FMG, potential developers had the opportunity to obtain both debt and equity financing through his companies. In plain terms, most shopping centers raised capital by raising funds through investors coupled with a mortgage. This gave potential developers one place to "take down the deal" rather than dealing with rinany other professionals at the same time. It was a much more efficient process for all. Stan Caterbone was capable of providing a mortgage, while at the same time selling shares in a shopping center through it's vast client base of investors at FMG. This also gave Stan Caterbone a formidable presence into the venture capital markets, by way of his strong ability to raise capital through his vast portfolio of clients of FMG. And this was a rarity that developers and investors loved. Investors were attracted because they could invest in equity type real estat:e projects with real sense of knowing the developer, or "kicking the bricks" of the project. This was far different than investing in a nationally syndicated project, with properties scattered all over the country, and with developers that they did not know. The synergistic app-oach to his organization began paying dividends by developing other peripheral markets and businesses.

Given the complex nature of Stan Caterbone's design of FMG, internal struggles within the organization readily became the challenge. Orchestrating the relationships among all of the different professionals, and trying to adhere to the interests of the clients, the professionals and of the firm, FMG, managing the daily activities required immense thought and prudence on the part of the principals. Of, course, Stan Caterbone assumed honesty and inteçrity to be a given. And for most it was. However there were times when the senior partner engaged in tactical rights of power.

In the later part of 1986, after Stan Caterbone had developed FMG to the point where it's future was on stable grounds, his two partners conveniently attempted to circumvent I-is position and regain control of his stock and the firm. In fact, after Stan Caterbone refused to

collaborate on a scheme to "set up" his other partner, the remaining two partners began to attempt to regain Stan Caterbone's control. Through intimidating techniques, the partners

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began to attack his presence. Stan Caterbone became agitated, especially because he played the lead role and was responsible for the formation of the company, methodically designing and developing its foundation, with great success. And now after the company was beyond it's point of greatest risk, due to in large part Stan Caterbone's efforts, the other two partners¡ wanted t(i) take advantage of his work, and "take the cream of the pie" for their own financial gain. It was

a difficult task to carry out because Stan Caterbone was the most respected of all three partners, consistently keeping their respective policies in the best interest of the firm and of the other associates and stockholders. In fact, most feared that the loss of control of Stan Caterbone would ultimately lead to adverse consequences. However the two partners trued unsuccessfully to weaken his position, and when that didn't work, they focused on weakening

Stan Caterbone, via intimidation and humiliation The coup and hostile environment caused áI state of depression for Stan Caterbone, although he kept to his daily duties and responsibilities!,

accordingly, he called a client and friend who was a psychiatrist, whom he trusted and

respected. It was easy access to a professional, yet on a very informal basis. Because Stan

Caterbone had a family history of "mental deficiencies ", he wanted to seek the proper help.

The psychiatrist had diagnosed Stan Caterbone as having Bi Polar Mood disc)rder. The psychiatrist had quickly discounted any correlation between the current state of affairs, and his partner's abuse. The psychiatrist rationale was that "because the startup of the company was

so successful in such a short period of time" , and his demonstrated intelligence and creativity,.

Stan Caterbone must have been in a state of mania, and of course now, was subsiding in a state of depression, the typical cycle for manic depressants. Stan Caterbone complied with the psychiatrist. And after refusing to sell out to his partners, vowed to regain his business and rescind any efforts to give up his claim to his accomplishments. The depression soon faded, Stan Caterbone never disclosed the fact that he had sought help to anyone other than family members. This coup lead to Stan Caterbone's aggressive approach to grow the businss, and t5 posture himself in projects that would ultimately remain in his control, out of the influence of his partners. Particularly of most interest was saving the mortgage banking actìviti's and they digital movie, which he did successfully, but apparently too successfully.

THE "DIGITAL MOVIE"

Through an act of fate, in February of 1987, Stan Caterbone found himself in a meeting witl- Tony Bongiovi at Power Station studios. Through one of his partners, he reluctantly traveled to

New York to consider financing a motion picture. Stan Caterbone's own lack tolerance for the

risk associated with film investments was overshadowed by the opportunity to visit a recording

studio. Although his associate was a friend of Tony's, he was not familiar with his accomplishments, or his work, so he thought. If nothing else, it was a weekend away from

Lancaster, and a chance to visit the Big Apple. Intriguingly, he found more than he had eve'

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imagined on that weekend excursion. Tony Bongiovi, a musical genius, who's credits include one of the most recognized recording studios in the country, Power Station Stuidios. Tony Bongiov produced the sound track for "Star Wars ", and is responsible for the formait of one of the most successful recording artist of the 80's, Jon "Bon Jovi ", his cousin. Power Station has recorded the albums for some of the most influential artists of all time, including Diana Ross, Madonna, The Rolling Stones, Steve Winwood, Bruce Springsteen, etc., Tony, aril eccentric genius, of Italian decent, had many talents, from music to aerospace engineering. Stan Caterbone's associate's sister met Tony while he flew his plane into Lancaster's airport for repairs. They dated for some time and Stan Caterbone's associate and Tony beca ne friends!, which led Stan Caterbone to Tony's Power Station Studios.

Tony was looking to finance his new project, which was to be the first digital movie. And, given Stan Caterbone's extreme appetite for technologies, coupled with his amazing sense of perception, he dramatically recognized the future evolution for the technical merits of delivering digital video and digital audio entertainment to the mass markets. By June of 1987, Stai Caterbone was positioned as the Executive Producer, collaborating with Flatbush Films of Hollywood California, the movie producers, entrusted with the mission of finding investors to provide funding for the "first digital movie ", and to manage the ensuing business (elements it required.

The movie was to be shot "on- location" at the Jersey shore points, mostly in Wildwood. Tony strategically envisioned making a movie in the horror genre. There were several specific reasons that supported this strategy. First, he determined that it was the least: expensive format to produce, we all estimated a budget of $4 million for the production and post production. Secondly, the horror genre would compliment a very intense sound track. The sound track was important to enhance the new digital format, and also provide the means to

introduce a new band that he had been grooming in his studio for the past several years, "French Lick ", his predecessor to "Bon Jovi ". There had been bad blood between Tony and his cousin "Bon Jovi ", which resulted in legal disputes pertaining to Tony's financial interests in Jon's success. It was an unfortunate situation considering Tony's father and Jon's father were brothers living in the same area. It was a subject that Tony never wanted to discuss except for his contributions toward Jon's career.

If by another act of fate, Stan Caterbone had the privilege of meeting one of the many superstars while working at Power Station studios. While growing up, at an early age, Stan Caterbone would sneak up into the bedroom of his oldest brother, and start up his old General Electric stereo phonograph and listen to his favorite album - Diana Ross and the Supremes. It

was a passion and a ritual that provided an early infatuation to music, and to Diana Ross. Stan Caterbone was only 10 or 11 years old. And at this early age, he noticed and listened to the

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annoying hiss, that conventional hiss that always seemed to overshadow the music, whether played on an album, on the radio, 8 -track tape, or cassette.

And in a mystical twist of fate, while engrossed in a project dedicated to delivering music

without that hiss (digital) - Stan Caterbone opened the door to the recording suite to pack his bags for the journey back to Lancaster; - and there she sat, with a glowing array of beauty, more beautiful than any picture could ever tell, Ms. Diana Ross. She was pregnant and in the

middle of a recording session, for a new album. Her assistant quickly demanded, in a stern and protective voice, that we leave, and Stan Caterbone and his associate replied "this is our makeshift bedroom, we are just gathering our belongings ". Stan Caterbone walked towarcii

Diana Ross, who was seated near his bag, and she asked "and who are you ? ", Stan Caterbone calmly replied his name and absorbed as much of her beauty as his eyes could behold before) walking out the door. The room that was his bedroom the nigh before, and suddenly transfixed into the recording suite of Diana Ross, thinking back some twenty years earlier, one of the many gifts that God would bestow upon him. A living memorial and reminder to his older brother, who died on Christmas day of 1985, his best friend who taught him two of uis greaterlr pleasures in life, Diana Ross, and listening to music. He prayed that his brother was watching from above.

And so, the digital movie project that Stan Caterbone had embraced in 1987 had persona significance, and he never ever doubted his instincts regarding the technical merits of the project. Stan Caterbone's perception that the entertainment industry would deliver full length

motion pictures in a truly digital medium will later become a truly remarkable vision.

The technical merits of this project and at this particular time with respect to Stan Caterbone's extreme sense of perception require analysis. To truly understand this time perception, some of the attributes of digital technologies need to be fully understood. In 1987, Compact DISC (CD) technology was only now being introduced to the commercial markets. Stan Catertone's own crafting of his joint venture proposals, dominated by the term "digital movie ", is in itself some

4 or 5 years away. In 1987, there was very little use of the term "digital ", with the exception of research and development engineers. Stan Caterbone will, throughout the documentation of

this story, will have preceded a terminology that has literally become the root of most) technological advancements in the computer and telecommunications industries of our present: day, 10 years after Stan Caterbone's vision. Today, "digital" is found to be part of or -eferred tc in just about every product available in the commercial markets.

During May of 1987, Stan Caterbone had created a joint venture proposal for SONY Entertainment, Inc., for the digital movie. After weeks of researching the current state -of- affairs within SONY, and after his proposal was completed, SONY publicly announced their desire to open the markets for new and emerging technologies on the cover of TIME magazine1

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another demonstrated sense of perception. It was this proposal, when delivered to one of the Hollywood producers in Santa Monica, California, after reading a draft of the proposal she saic

"you are a genius ". The proposal was introduced to Tony Bongiovi at the Wildwood I3oardwalk, where many of scenes were to be shot, and he approved of the proposal and thought that il: had great merits. Tony, who wanted very to do with the business elements of his pròject, gave Stan Caterbone complete authority to secure the financing of the project, with a salary as

Executive Producer, and a percentage of the profits on the back end.

After review of Stan Caterbone's research and proposal's, his vision and his passion, unfortunately without his efforts, has come to be known as Direct Satellite Systern, or DSS, which is Sony's satellite entertainment system (TV), delivering digital audio and digital vide entertainment. That technology is fast eroding at the cable industry. Stan Caterbone had his patent research center around the PSDMS system, the Power Station Digital Movie S (stem. An that was in 1987, some seven years before SONY delivered his dreams. Later Stan Caterbon would also accurately predict that the 90's would become the "Information Age" because of the direct contributions and advancements of "digital technologies ", which is directly responsible for the development of the "INTERNET ".

Stan Caterbone's obsession with his "digital movie" has proven to be one of his most remarkable demonstrations of his keen sense of perception.

The author admitted in an affidavit in 1998 that he did not know the criminal culpability of Lisa Michelle Lambert, and further argues that it was because of the prosecutorial misconduct and the erroneous handling of the crime scene that the truth evaded both the prosecution and the defense as to who actually killed Laurie Show.

Date: April 28, 2016 Stanl J. Caterbon Pro Se Free.om From Co Harassment and Surveillance Advanced Media up 1250 Fremont Street Lancaster, PA 17603 www. amgglobalentertainmentgroup.com scaterbone(live corn (717)669 -2163

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EXHIBIT

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Stan J. Caterbone ADVANCED MEDIA GR0111P 1250 Fremont Street

A Lancaster, PA 17603 scaterbone @live.com (I{1 717 -669 -2163

November 12, 2015

Ms. Kathleen Kane Pennsylvania Attorney General 16th Floor Strawberry Square Harrisburg, Pennsylvania

Re: "Old Boys Network" filed in GENERAL OAG QUESTIONS November 11, 2015.

November 11, 2015 7:42am

"Kane, the first woman and Democrat elected to the position of Pennsylvania's top prosecutor, has dismissed the case as a backlash over her challenge to what she calls the old -boys' network in Pennsylvania law enforcement." LNP, Attorney General Kane faces trial on more charges, by the Associated Press on November 11, 2015."

Back in 1998 I had a meeting with an NSA (National Security Agency, Ft. Meade, 'Id) operative in a parking lot of a former car dealer in York, PA. I had just attended a job fair and he approached me as I was about to get into my car. He introduced himself as being from the NSA and I questioned him about why they would not leave me alone. His response was "It is not US (NSA) it's the Good Ole Boys ". I also have a huge problem with modified, stolen, and planted documents. We parted ways in an amicable fashion.

Stan J. Caterbone Advanced Media Group 717 -669 -2163 www .amgglobalentertainmentgroup.com

See the enclosed as well as U.S.C.A. 15 -3400 LISA MICHELLE LAMBERT APPEAL, APPELLANT, Stanley J. Caterbone, Pro Se

https://www.scribd.com/doc/ 284639091 /Federal -Whistleblower- and -Targeted- Individual-of-U -S- Sponsored- Mind -Control- Executive -Summary- Updated -October_ 12 -2015 a&L_

Stan J. Caterbone

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COMMONWEALTH OF PENNSYLVANIA

DICES KATHLEEN G. KANE CONSTITUENT SER 16th Square ATTORNEY GENERAL Floor Strawberry Harrisburg, PA. 17120 717- 787 -3391

November 13, 2015

Stan Caterbone 1250 Fremont Street Lancaster, PA 17603

Dear Mr. Caterbone,

Thank you for your correspondence to the Pennsylvania Office of Attorney General. We will add your information to our files.

Sincerely,

Renee Martin Director of Education and Outreach

RGM/emk

Superior Court 1164 Amicus re Kathleen Kane Page 19 of 48 Thursday, April 28, 2016 G, TN PA OFJRNEY

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EXHIBIT

Superior Court 1164 Amicus re Kathleen Kane Page 21 of 48 Thursday., April 28, 2016 Stan iJ. Caterb9ne ADVANCED MEDIA GROUP vedorn Freedom From Covert Harassment &I. Surveillam e,® From Covert Registered in Pennsylvania 1250 Fi emont Street 1.1arnment & sarveila, ct Lancaster, PA 17603 www .amgglobalentetainmientgroup.( scaterbbne @live.çom 717- 669 -2ií63

April 20, 2016

Stan 7. Caterbone /Advanced Media Group Biography

Present - Advanced Media Group, President, Owner, and Founder.

In 1987 I became a federal whistleblower for the case of local defense contractor Internkional Signal and Control, or ISC. ISC was a black ops program for the NSA and CIA that was convicted in 1992 for an elaborate scheme to arm Iraq and other Middle Eastern countries with a broad array of weapons, most notably cluster bombs. It was the third larges fraud in U.S. History at that time. I have been a victim of organized stalking since 1987 and a victim of electronic and direct energy weapons since 20)5. I had also been telepathic since 2005. In 2005 the U.S. Sponsored Mind Control turned into an all -out assault of mental telepathy; synthetic telepathy; hacking of all electronic devices; vandilism and thefts of personal property, extortions, intellectual property violations, obstruction of justice; violations of clue process; thefts and modifications of court documents; and pain and torture through the use of directed energy devices and weapons that usually fire a low frequency electromagnetic energy at the targeted victim. This assault was no coincidence in that it began simultaneously with the filing of the federal action in U.S. District Court, or CATERBONE v. Lancaster County Prison, et. al., or 05 -cv 112288. This assault began after the handlers remotely trained /sychronized Stan J. Caterbone with mental telepathy. The main difference opposed to most other victims of this technology is that I am connected 24/7 with the same person who declares telepathically she is a known celebrity. Over the course of 10 years I have been telepathic with at least 20 known persons and have spent 10 years trying to validate and confirm their identities without success. Most U.S. intelligence agencies refuse to cooperiate, and the Federal Bureau of Investigation and the U.S. Attorney's Office refuse to comment and act on the numerous formal complaints that are filed in their respective offices. Most complaints are focused on the routine victimization's of a targeted individual including but not limited to stalking, harassment, threats, vandalism, thefts, extortion, burglaries, false imprisonments, fabricated mental health warrants or involuntary commitments, pain and torture to the body, and most often the cause of obstruction of justice is the computer hacking.

I have a very sophisticated and authentic library of evidence of the use of U.S. Sponsored Mind Cont -ol technologies on my father and brother that dates back to the 1940's while my father was in the U S. Navy after he graduated with honors from Air Gunners School in Florida, including an affidaé,it motorized and authenticated by my father in 1996. My brother served in the U.S. Air force and was victim to LSD experiments of the infamous MKULTRA program in the late 1960's.

In 2015 I filed an amicus curie on behalf of Lisa Michelle Lambert who was convicted in 1992 of the murder of Laurie Show, both of Lancaster, Pennsylvania. I currently am in litigation in the U.S. Third Circuit Court of Appeals and in February of 2016 Lisa Michelle Lambert published her book titlid "Corruption in Lancaster County - My Story ", which is available in bookstores and on Amazon.com. ' I am in frequent contact with her co- author, Dave Brown of Philadelphia, Pennsylvania.

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In 2009 I Proposed an ORGANIZED STALKING AND DIRECTED ENERGY WEAPONS HARASSMENT BILL to Pennsylvania House of Representative Mike Sturla (Lancaster, Pennsylvania) and City of Lanca ;ter Mayor Richard Gray in 2009. The draft legislation is the work of Missouri House of Representative Jim Guest, who has been working on helping victims of these horrendous crimes for years'. The bill (will provide protections to individuals who are being harassed, stalked, harmed by surveillance, and assaulted; as well as protections to keep individuals from becoming human research subjects, tortured, and killed by electronic frequency devices, directed energy devices, implants, and directed energy weapons. I again reintroduced the bill to the Pennsylvania General Assembly in 2015 arid frequented the Pennsylvania Capitol trying to find support and a sponsor; which I still do to this day.

In 2006 I began his role as an Activist Shareholder for Fulton Financial, which is listed as FULT" on the NASDAQ stock exchange. As a founder of Financial Management Group, Ltd., a full service financial fi -m, Stan J. Caterbone has drawn upon the success in developing the strategic vision for his i-ompany and the experience gained in directing the legal affairs and public offering efforts in dealing with Fulton Financial. I have been in recent discussions with the Fulton Financial Board of Directors with regards to various complaints dealing with such issues as the Resource Bank acquisition and the subpirime failures. I believe that Fulton Financial needs management to become more aggressive in it's strategic planning and the performance it expects from it's management team in order to increase shareholder value. Expanding the footprint of the regional bank has not yielded an increase to the bottonlil line that: is consistent with the expectations of shareholders. Lancaster County has seen several local banking institutions acquired by larger regional banks, thus increasing the competition Fulton Financial will see in it's local marketplace as well as in it's regional footprint. In 2005 I, as a Pro Se Litigant filed several civil actions as Plaintiffs that are in current litigation in the United States District Court for the Eastern District of Pennsylvania, the United States Third District Court of Appeals, the Pennsylvania Supreme Court, The Pennsylvania Superior Court, the Commonwealth Court of Pennsylvania, The Court of Common Pleas of Lancaster County, Pennsylvania. These litigations include violations of intellectual property rights, anti -trust violations, and interfererlice of contracts relating to several business interests. Central to this litigation is the Digital Movie, Digital Technologies, Financial Management Group, Ltd, /FMG Advisory, Ltd., and it's affiliated businesses aláng with a Federal False Claims Act or Federal Whistleblowers Act regarding the firm of International Sigiasi. and Control, Plc., (ISC) the $1Billion Dollar Fraud and the Export violations of selling arms to Soiii Africa and Iraq. This litigation dates back to 1987. Stan J. Caterbone was a shareholder of IiSC, and vias solicited by ISC executives for professional services. The Federal False Claims Act is currently part) of RICO Civil Complaint in the United States District Court for the Eastern District of Pennsylvania and the Third Circuit Court of Appeals, as docket no. 05 -2288.

In 2005 Advanced Media Group /Project Hope filed a Civil Action in the Court of Comriion Pleas of Lancaster County against Drew Anthon and the Eden Resort Inn for their attempts to withhold the Tourism Tax and Hotel Tax that supports the Downtown Lancaster Convention Center & Marriot. We also proposed an alternative plan to move the Convention Center to the Hotel Brunswick añd Lancaster Square to all of the major stakeholders. The Lancaster County Convention Center is finally uncer construction with a March 2009 Opening date.

In 2005 I was selected to attend the Clinton Global Initiative in New York City after submission of an essay with and application. I received the invitation from Bruce R. Lindsey, Chief Executive Officer of the William J. Clinton Foundation

In 2005 I began our philanthropic endeavors by spending our energies and working with such organizations as; ONE.org, Livestrong.org, WoundedWarriors.org, The Clinton Global Initiative, Lancaster Convention Center Authority, Lancaster Chamber of Commerce, Tom's Project Hope, People to People International, GlobalWarming.org, Contact Lancaster /24 Hour Suicide Hotline, Schreiber Pediatric Center, and numerous others.

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In 2004 I embarked on our past endeavors in the music and entertainment industries with an emphasis on assisting for the fair and equitable distribution of artists rights and royalties in the fight against electronic piracy. We have attempted to assist in developing new business models to address the convergence of physical and electronic mediums; as it displaces royalties and revenues for those creating, promoting, and delivering a range of entertainment content via wireless networks'.

In 2000 to 2002 I developed an array of marketing and communication tools for wholesalers of the AIM Investment Group and managed several communication programs for several of the company wholesalers throughout the United States and Costa Rica. We also began a Day Trading project that lasted until 2004 with success.

In 1999 I developed a comprehensive business plan to develop the former Sprecher Brewery, known as the Excelsior Building on E. King Street, in Lancaster, Pennsylvania. This plan was 'developed in conjunction with the Comprehensive Economic Development Plan for the Revitalization pf Downtown Lancaster and the Downtown Lancaster Convention Center for the former Watt & Shand building.

In 1999 I contributed to the debate, research, and implementation of strategies to counter the effects of the global Y2K threat to the worlds computer technologies. I attended the U.S. Sponsored Y2K symposium and Conference in Washington, D.C. hosted by the Senate Y2K Subcommittee and Senator William Bennett.

In 1998 I had began to administer the charity giving of Tom's Project Hope, a non -profit) organizat'on promoting education and awareness for mental illness and suicide prevention. We had provided fund ng for the Mental Health Alliance of Lancaster County, Contact Lancaster (The 24/7 Suicide Prevent on Hotline), The Schreiber Pediatric Center, and other charitable organizations and faith based charities. The video "Numbers Don't Lie" have been distributed to schools, non profit organizations!, faith ba Eed initiatives, and municipalities to provide educational support for the prevention of suicide and to bring awareness to mental illness problems.

In 1996 I had done consulting for companies under KAL, Inc., during the time that I was controller of Pflumm Contractors, Inc., I was retained by Gallo Rosso Restaurant and Bar to computerized their accounting and records management from top to bottom. I had also provided consulting for the computerization of accounting and payroll for Lancaster Container, Inc., of Washington IBoro. I as retained to evaluate and develop an action plan to migrate the Informations Technologies of the ]ily Group, formally of Ronks, PA, now relocated to a new $26 Million Dollar headquarters located in WE1,?.st Hempfield Township of Lancaster County. The Jay Group had been using IBM mainframe technologies hosted by the AS 400 computer and server. I was consulting on the merits of migrating to a PC based real time networking system throughout the entire organization. Currently the Jay Group employees some 500 employees with revenues in excess of $50 Million Dollars per year.

In 1993 I was retained by Pflumm Contractors, Inc., as controller, and was responsible fár saving the company from a potential bankruptcy. At that time, due to several unpaid contracts, the company was facing extreme pressure from lenders and the bonding insurance company. We were responsible for implementing computerized accounting, accounting and contract policies and procedúres, human resource policies and procedures, marketing strategies, performance measurement reporting, aid negotiate for the payment of unpaid contracts. The bonding company was especially problmatic, since it was the lifeline to continue work and bidding for public contracts. The Bank of Lancaster County demanded a complete accounting of the operations in order to stave off a default on the not=_s and loans it was holding. We essentially revamped the entire operation. Within 3 years, the company) realized an increase in profits of 3 to 4 times its previous years, and record revenues.

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In 1991 I was elected to People to People International and the Citizen Ambassador Prbgram, which was founded by President Dwight D. Eisenhower in 1956. The program was founded to "To give specialists from throughout the world greater opportunities to work together an'd effectively communicate with peers, The Citizen Ambassador program administers face -to -face scientific, technical, and professional exchanges throughout the world. In 1961, under President John F. Kennedy, the State Department established a non -profit private foundation to administer the program. We wÉ're scheduled to tour the Soviet Union and Eastern Europe to discuss printing and publishing technologies with scientists and technicians around the world.

In 1990 I had worked on developing voice recognition systems for the government's tecynology think tank - NIST (National Institute for Standards & Technology). I co- authored the article "Escaping the Unix Tar Pit" with a scientist from NIST that was published in the magazine "DISC ", then one cif the leading publications for the CD -ROM industry. Today, most all call centers deploy that technology whenever you call an 800 number, and voice recognition is prevalent in all types of applicatidns involv ng telecommunications.

In 1989 I had founded Advanced Media Group, Ltd., and was one of only 5 or 6 U.S. domestic companies that had the capability to manufacture CD- ROM's. We did business with commercial companies, government agencies, educational institutions, and foreign companies. I performed services and contracts for the Department of Defense, NASA, National Institution of Standards f;< Technológy (NIST), Department of Defense, The Defense Advanced Research Projects Agency (DARPA), and the Defense Mapping Agency, Central Intelligence Agency, (CIA), IBM, Microsoft, AMP, Commodore Computers, American Bankers Bond Buyers, and a host of others. I also was workiriig with RI.R, Donnelly's Geo Systems, which was developing various interactive mapping technologies, which is novv a major asset of Map Quest. Map Quest is the premier provider of mapping software and applications for the internet and is often used in delivering maps and directions for Fortune 500 companies. We had arranged for High Industries to sell American Helix, the manufacturer of compact discs, to R!.R. Donnelly. We had brokered a deal and the executives from Donnelly's Chicago headquarters flew to'Lancasterlto discuss the deal and perform due diligence of the manufacturing facility located in the Greenfield Industrial Park. In 1987 Power Station Studios of New York and Tony Bongiovi retained me as executive producer of a motion picture project. The theatrical and video release was to be delivered in a digital format; the first of it's kind. We had originated the marketing for the technology, and created the corrcept for the Power Station Digital Movie System (PSDMS), which would follow the copyright and marketing formula of the DOLBY technology trademark.

We had also created and developed marketing and patent research for the development and commercialization of equipment that we intended to manufacture and market to the recording industry featuring the digital technology. Sidel, Gonda, Goldhammer, and Abbot, P.C. of Philadelphia 'vas the lead patent law firm that We had retained for the project. Power Station Studios was the brainchild of Tony Bongiovi, a leading engineering genius discovered by Motown when he was 15. Tony and Power Station Studios was one of the leading recording studios in the country, and were responsible for developing Bon Jovi, a cousin. Power Station Studios clients included; Bruce Springsteen, Diana Ross, Clyndi Lauper, Talking Heads, Madonna, The Ramones, Steve Winwood, and many others. Tony and Power Station Studios had produced the original Sound Track for the original "Star Wars" motion picture. It was released for distribution and was the number one Sound Track recording of its time.

Tony Bongiovi was also active in working and researching different aerospace technologies. * We had developed and authored a Joint Venture Proposal for SONY to partner with us in delivering the Digii:al Movie and it's related technologies to the marketplace. The venture was to include the comrriercializati )n of technologies, which Tony Bongiovi had developed for the recording industry simultaneously with tie release of the Digital Movie.

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I also created the concept for the PSDMS trademark, which was to be the Trademark logo for the technology, similar to the DOLBY sound system's trademark. The acronym's stand for the Power Station Digital Movie System. Today, DVD is the mainstay for delivering digital movies on a portable medium, a compact disc.

In 1987 I had a created and developed FMG Mortgage Banking, a company that was funded by a mejor banking firm in Houston Texas. We had the capability to finance projects from $3 to $100 rriillion dollars. Our terms and rates were so attractive that we had quickly received solicitations from developers acrDss the country. We were also very attractive to companies that wanted to raise capital that include bath debt and equity. Through my company, FMG, we could raise equity funding through private placements, and debt funding through FMG Mortgage Banking. We were retained by Gamillion Studios cif HollywoDd, California to secure financing of their postproduction Film Studio that was looking to relocate to North Carolina. We had secured refinancing packages for Norris Boyd of and the Olde Hickory aniJ were in :he midst of replacing the current loan that was with Commonwealth National Bank. We had rilneetings and discussions with Drew Anton of the Eden Resort, for refinancing a portion of his debt portfolio. We w are quickly seeking commitments for real estate deals from New York to California. We also had a number of other prominent local developers seeking our competitive funding, including Owen Kugal, H gh Industries, and the Marty Sponougle a partner of The Fisher Group (owner of the Rt. 30 Outlets). Ne were constantly told that our financing packages were more competitive than local institutions.

In 1986 I had founded Financial Management Group, Ltd (FMG); a large financial services organizat on comprised of a variety of professionals operating in one location. We had developed a stock purchase program for where everyone had the opportunity for equity ownership in the new firm. FMG had financial planners, investment managers, accountants, attorneys, realtors, liability insurance services, tax preparers, and estate planners operating out of our corporate headquarters in Lancaster. In dne year, we had 24 people on staff, had approximately 12 offices in Pennsylvania, and

several satellite offices in other states. We had in excess of $50 million under management, and our advisors were generating almost $4 million of commissions, which did not include the fees from the other professionals. We had acquired our own Broker Dealer firm and were valued at about $3 to $4 million.

In 1985 I developed the Easter Regional Free Agent Camp, the first Free Agent C

Superior Court 1164 Amicus re Kathleen Kane Page 26 of 48 VThursday, April 28, 2016

In 1985 I was elected Vice President of the Central Pennsylvania Chapter of the International Association of Financial Planners, and helped build that chapter by increasing membership 3to 4 times. We had personally retained the nationally acclaimed and nationally syndicated Financial Planner, Ms. Alexandria Armstrong of Washington D.C.; to host a major fundraiser. More than 150 professionals attended the dinner event that was held at the Eden Resort & Conference Center. Ms. Armstrong discussed financial planning and how all of the professions needed to work together in order to be most effective for their clients. We attracted a wide variety of professionals including; brokers, lawyers, accountants, realtors, tax specialists, estate planners, bankers, and investment advisors.IToday, it ias become evident that financial planning was the way of the future. In 1986 executives approached us from Blue Ball National Bank to help them develop a Financial Planning department within bank.

In 1984 I had helped to develop strategic planning for Sandy Weill, former President of Citi Group ( :he largest banking entity in the U.S). We were one of several associates asked to help advise on the future of Financial Planning and how it would impact the brokerage and the investment industry at large. Mr. Weil was performing due diligence for the merger of American Express and IDS (Investors Diversified Services). We were at that time a national leader in the company in delivering Fee Based Financial Planning Services, which was a new concept in the investment community and mainstreSm investors. That concept is now widely held by most investment advisers. Stan). Caterbone, Pro Se Litigant ADVANCED MEDIA GROUP Freedom From Covert Harassment & Surveillance, Registered in Pennsylvania 1250 Fremont Street Lancaster, PA 17603 www .amaglobalentetainmentgroup.com scaterbone @live.corn 717- 669 -2163

ACTIVE COURT CASES J.C. No. 03 -16 -90005 Office of the Circuit Executive, United States Third Circuit Court of Appeals - COMPLAINT OF JUDICIALMISCONDUCT OR DISABILITY re 15 -3400 and 16 -1149 U.S.C.A. Third Circuit Court of Appeals Case No. 16- 1149;15 -3400; 16 -1001; 07 -4474 U.S. District Court Eastern District of PA Case No. 15- 03984; 14- 02559; 05 -2288; 06 -4650 Superior Court of Pennsylvania Case No. 1561 MDA 2015; 1519 MDA 2015 Lancaster County Court of Common Pleas Case No. 08- 13373; 15- 10167; 06- 03349, CI -06 -03401 U.S. Bankruptcy Court for The Eastern District of Pennsylvania Case No. 16 -10157

Superior Court 1164 Amicus re Kathleen Kane Page 27 of 48 UThursday, April 28, 2016

EXHIBIT

Superior Court 1164 Amicus re Kathleen Kane Page 28 of 48 Thursday, April 28, 2016 Stan 7. Caterbone ADVANCED MEDIA GROUP Freedom From Covert Harassment Si Surveillance,® p roó_ in Pennsylvania % FromOCovert Registered 1 1250 Fremont Street 'Kf i'asuceit & siirve{llame Lancaster, PA 17603 www .amgglobalentetainmerltgroup.c )m scaterbire @live.com 717- 669 -2163

April 16, 2016

My Story of Victimization for Derrick Robinson's Document to the FBI

In 1987 I became a federal whistleblower for the case of local defense contractor International Signal and Control, or ISC. ISC was a black ops program for the NSA and CIA that was convicted in 1992 for an elaborate scheme to arm Iraq and other Middle Eastern countries with a broad array of weapons, most notably cluster bombs. It was the third larges fraud in U.S. History at thatItime. I have been a victim of organized stalking since 1987 and a victim of electronic and direct energy weapons since 2005. I had also been telepathic since 2005. In 2005 the U.S. Sponsored Mind Control turned into an all -out assault of mental telepathy; synthetic telepathy; hacking of all electrónic devices; vandilism and thefts of personal property, extortions, intellectual property violations, obstruction of justice; violations of due process; thefts and modifications of court documents; and pain and torture through the use of directed energy devices and weapons that usually fire a lore frequency electromagnetic energy at the targeted victim. This assault was no coincidence in ttiat it began simultaneously with the filing of the federal action in U.S. District Court, or CATERBONE w. Lancas:er County Prison, et. al., or 05 -cv -2288. This assault began after the handlers remotely trained /sychronized Stan J. Caterbone with mental telepathy. The main difference opposed to most other victims of this technology is that I am connected 24/7 with the same person v'ho declares telepathically she is a known celebrity. Over the course of 10 years I have been telepathic with at least 20 known persons and have spent 10 years trying to validate and confirm their identities without success. Most U.S. intelligence agencies refuse to cooperate, and the Federal Bureau of investigation and the U.S. Attorney's Office refuse to comment and act on the numerous formal complaints that are filed in their respective offices. Most complaints are focused on the routine victimization's óf a targeted individual including but not limited to stalking, harassment, threats, vandalism, thefts, extortion, burglaries, false imprisonments, fabricated mental health warrants or involuntary commitments, pain and torture to the body, and most often the cause of obstruction of justice is the computer hacking.

I have a very sophisticated and authentic library of evidence of the use of U.S. Spoñsored Mind Control technologies on my father and brother that dates back to the 1940's while my father was in tiie U.S. Navy after he graduated with honors from Air Gunners School in Florida, including an affidait motorized and authenticated by my father in 1996. My brother served in the U.S. Air force and was victim to LSD experiments of the infamous MKULTRA program in the late 1960's.

Superior Court 1164 Amicus re Kathleen Kane 1 Page 29 of 48 Thursday, April 28, 2016

In 2015 I filed an amicus curie on behalf of Lisa Michelle Lambert who was convicti d in 1992 of the murder of Laurie Show, both of Lancaster, Pennsylvania. I currently am in litigation in t!.he U.S. Third Circuit Court of Appeals and in February of 2016 Lisa Michelle Lambert published her book titled "Corruption in Lancaster County - My Story ", which is available in bookstores and on Amazon.com, I am in frequent contact with her co- author, Dave Brown of Philadelphia, Pennsylvania.

In 2009 I Proposed an ORGANIZED STALKING AND DIRECTED ENERGY WEAPONS HARASSMENT BILL to Pennsylvania House of Representative Mike Sturla (Lancaster, Pennsylvania) and City of Lancaster Mayor Richard Gray in 2009. The draft legislation is the work of Missouri House of Representative Jim Guest, who has been working on helping victims of these horrendous crimes for years. The bill will provide protections to individuals who are being harassed, stalked, harmed by surveillance, and assaulted; as well as protections to keep individuals from becoming hurhan resea -ch subjects, tortured, and killed by electronic frequency devices, directed energy devices, i replants, and directed energy weapons. I again reintroduced the bill to the Pennsylvania General Assembly in 2015 and frequented the Pennsylvania Capitol trying to find support and a sponsor; which I still do to tuffs day.

In 2005 I, as a Pro Se Litigant filed several civil actions as Plaintiffs in i the United States District Court for the Eastern District of Pennsylvania, the United States Third District Court of Appeals, the Pennsylvania Supreme Court, The Pennsylvania Superiori Court, the Commonwealth Court of Pennsylvania, The Court of Common Pleas of Lancaster Couni:y, Pennsylvania. These litigations included violations of intellectual property rights, anti -trust violations, and interference of contracts relating to several business interests, harassment, extortion, fraud, etc.,. . Central to this litigation is the Digital Movie, Digital Technologies, Financial Management Group, Ltd, /FMG Advisory, Ltd., and it's affiliated businesses along with a Federal False Claims Act or Federal Whistleblowers Act regarding the firm of International Signal and Control, Plc., (ISC) the $1Billion Dollar Fraud and the Expcit violations of selling arms to South Africa and Iraq. This litigation dates back to 1987. In 1987 I microfiched some 10,000 pages of documents that prove this story without any doubt. I also have recorded conversations of persons and government officials.

Stan J. Caterbone, Pro Se Litigant ADVANCED MEDIA GROUP Freedom From Covert Harassment & Surveillance, Registered in Pennsylvania 1250 Fremont Street Lancaster, PA 17603 www. amciglobalentetainmentgroup.com scaterbone @live.com 717- 669 -2163

ACTIVE COURT CASES J.C. No. 03 -16 -90005 Office of the Circuit Executive, United States Third Circuit Court of Appeals - COMPLAINT OF JUDICIALMISCONDUCT OR DISABILITY re 15 -3400 and 16 -1149 U.S.C.A. Third Circuit Court of Appeals Case No. 16- 1149;15 -3400; 16 -1001; 07 -4474 U.S. District Court Eastern District of PA Case No. 15- 03984; 14- 02559; 05 -2288; 06 -4650 Superior Court of Pennsylvania Case No. 1561 MDA 2015; 1519 MDA 2015 Lancaster County Court of Common Pleas Case No. 08- 13373; 15- 10167; 06- 03349, CI -06 -03401 U.S. Bankruptcy Court for The Eastern District of Pennsylvania Case No. 16 -10157

Superior Court 1164 Amicus re Kathleen Kane Page 30 of 48 Thursday, April 28, 2C 16 Caterbone Affidavit

AFFIDAVIT

l, .ept.; 4 t7 aibree.a644-le a residing at:

Address: _fa-74 14444$(1.4-

City, Stato, Zip Coda; ...etz ref_ "7 14.4

do hereby state that I am at least 1$ years of age, that lama citizen or a legal resident of the

United States Of America, that I am of sound mind, and that J am the person whose signature follows on this Affidavit, The purpose of this document Is (1) to advise Congress as well as sta :e and local officials of organized stalking and electronic and mind manipulation trxrtu a being committed against me and (2) to request a state, local, or Congressional investigation and hearing on the use of remotely- operated directed energy attacks and mind control technologies on Americans in this country.

Our Government Is responsible for protecting its citizens from elements that covertly harass, torment, murder, andcause victims to commit suicide through organized stalking and remote electronic torture. Yet, unbiased research indicates that certain elements of Government either engage in these act vities or protect those who perform theM. i seek the complete dismantling of a ny officially-sanctioned covert Government torture programs, the passage of legislation specifically outlawing that high -tech torture, and the full prosecution of any person, regardless of his rank or position, who has violated my civil rights an cl my molt basic human rights.

The assaults on my mind and body have been occurring fort V year(s) or month(s) a ld include, but are not limited to the following (checked below);

blanketing my dwelling and surroundings with electromagnetic energy,

/invading my thoughts via remote sensing technologies. ,)TTA f c M.MDr1lcAllt making me mentally laa+r others' tiwtts through the .microwave healing effect.

/depriving me of sleep due to neurological intervention. 4,4`/ introducing poisonous as and radiation toxins into my home. Ct4 r. a a "ply C.M E', 4:2n+60

Li/having me stalked me en masse on foot and In vehicles, Ak 8.c -4CT2.)

vandalizing my borne and /or car.

(appFrig my phones and hacking my computer,' ,6 c/a drstfzr-Æ`°C-6 /A.) .++y dams. 1 6.04"rB above

Superior Court 1164 Amicus re Kathleen Kane Page 31 of 48 Thursday,April 28, 2016 Stan J Caterbone Affidavit

blacklisting-riiin the labor market

"workplace mobbing'.

bombarding my body with debilitztiing electronic and mind manipulation effects.

The acts described above violate many laws aimed at protecting Americans. Some of these Taws -are:

IC USC 921', Article 121 - Laroen_y antYwrorigf lrl-appro rIation:

10 USC 920A, Arti cle 1,20a = SIkirg

18 2340 USC - Torture

18 USC 241 - Conspiracy against rights, of so vereign free; 606- reared, spilt 4nd soul beiflgs

18 USC 213 - illegal Surreptitivifs.entry

18 USC 242 - Deprivation-of.rights ;In der.color of law

18 USC 35 - Imparting or conveyingfalse information

18 USC 1117 - Conspiracy to Murder

18 USC 1111- Murder

18 USC: 1905 - Dlsclosure of Information generally

42 USC 19$3 - CPwll action for deprítwatóon of rights

42 USC 1985 - Conspiracy tp interfere with civil rights

31 USC 532,8- Whistlebbwier protections

18 USC 151.2 - Engaging in miu-ieading conduct

18 USC 1503 -- intimidating a witness }victim

18 USC 1512 - Tampering with a Mine-Wyk-tun

18 USC 1513 - Retaliation against a witness/victim

Superior Court 1164 Amicus re Kathleen Kane 3 Page 32 of 48 Thursday, April 28, 2016 Stan J. Caterbone Affidavit

18 USC 1510 - Obstructing a criminal investigation, conflict of interest roles in governmen

18 USC 1509 - Impeding due exercise of rights by attempting to prevent, obstruct, Impede and Interfere with same

18 USC 1622 - Subordination of perjury by procuring another to commit perjury

AFFIRMATION

I affirm that the statements in this Affidavit concerning my torture and the results of that

torture are true and correct. I fúrther affirm that those statements are based on my own direct knowledge, personal experience, research,, and known and published historical fact_

Affi ant (signature)

Name (print):

Date: -

Stamp & Sèal:

NOTARIAL SEAL GLORIA COLON Notary Publro LANCASTER GIN. LANCASTER COUNTY My CorfttrllsslGn Expires Dao 12. 2DT T'

Superior Court 1164 Amicus re Kathleen Kane Page 33 of 48 Thursday, April 28, 2016 Stan J. Caterbone Affidavit AFFIDAVIT

I, Stanley J. Caterbone, Targeted Individual or TI, residing at: 1250 Fremont Street, Lancaster, Pennsylvania, 17603, do hereby state that I am at least 18 years of age, that I am a citizen or a legal resident of the United States of America, that I am of sound mind, ¿)nd that I am the person whose signature follows on this Affidavit. The purpose of this document: is (1) to advise Congress as well as state and local officials of organized stalking and electronic and mind manipulation torture being committed against me and (2) to request a state, local, or Congressional investigation and hearing on the use of remotely- operated directed energy attacks and mind control technologies on Americans in this country.

Our Government is responsible for protecting its citizens from elements that covertly harass, torment, murder, and cause victims to commit suicide through organized stalking and remote electronic torture. Yet, unbiased research indicates1 that certain elements of Government either engage in these activities or protect those whi) perform them. I seek the complete dismantling of any officially- sanctioned covert Governmeript torture programs, the passage of legislation specifically outlawing that high -tech torture, and the full prosecution of any person, regardless of his rank or position, who has violated my civil rights and my most basic human rights. The assaults on my mind and body have been occurring for 24 year(s) and include, but are not limited to the following victimization's:

1. Blanketing my dwelling and surroundings with electromagnetic energy. Bombarding my body with debilitating electronic and mind manipulation effects.

Directed Energy Weapons Causing Severe Pain to Body and Brain. Began in at I cast 2005 and still continuing, with complaints to Freedom From Covert Harassment and Surveillance, FFCHS in 2009, and in cited in various state and federal court cases over the past several years. Attacks causing severe artificial pain most likely from Directed Energy Devices synchronized with telepathic harassment and organized stalking and harassment have been logged and reported to law enforcement and medical professionals since 2008. Prior to 2008 the attacks were experienced and reported to medical professionals but the sources were not known. AlsCI reported attacks of pain to a family physician, emergency room personnel and psychiatrists.

2. Invading my thoughts via remote sensing technologies. Was sent an autonomous email in 1998 introducing the term remote viewing. Various technologies and tactics are being used to create "emotional signatures" that induce various emotional states; a systematic complete hacking of my mind.

3. Making me mentally "hear" others' voices through the microwave hearing effect. Synthetic and /or Mental Telepathy. First started to experience telepathy/synthetic telepathy in 2005 with full -time 24/7 connection during the same time to present. When full -time telepathy started a male conducted interrogations lasting several hours at a time concerning a wealth of subjects including ISC /CIA Knowledge. Cannot disconnect from continuous conversati ins at all times with one female person. The handlers know everything I know and experience in real time. During 2006 and 2007 have been telepathic with some 10 or more persons, both male and female for short durations. Can recall most conversations and subject matter with identities of who they said they were. Interrogation type harassment is still being used telepathically to harass and for some sleep deprivation. Made first complaints to DARPA, the FBI, and U.S. Senator Arlen Specter in 2007. Some conversations by the persons that are telepathic with me elude to some program similar to the DARPA datalog program where they record your entire life. Everything that you try to do on a daily basis is subject matter for conversation and harassment. Interference with thought, harassment, and interrogation is used often times with electromagnetic weapon attacks to the brain or body.

Superior Court 1164 Amicus re Kathleen Kane Page 34 of 48 Thursday; April 28, 2016 e Stan J. Caterbone Affidavit

4. Depriving me of sleep due to neurological intervention. Mostly Experiençed Sleep Deprivation Techniques during periods of time in 2008 to 2010. Mostly with attacks of 'pain from Directed Energy Weapons to back, neck, head (brain); and heart on a few occasions;( and with harassment from telepathy.

5. Introducing poisonous gas and radiation toxins into my home. First experienced toxic gases (Chloroform ?) in heavy doses in 2006 -2007. Made complaints to the Lancaster City Police Department and the Southern Regional Police. Experienced attacks that would cause dizziness at home, in automobile and in public. Was informed it was being released through a distribution system the size of fishing line. To counter attacks used cotton in nostrils, and gas mask. In 2009 experienced attacks of what is said to be sleeping gas, when attacked could not open eyes. Took Pictures during some attacks.

6. Having me stalked en masse on foot and in vehicles. vandalizing my horn! and /or car. Gang Stalking or Organized Stalking began in 1987 and continues today. It includes strangers using gestures such as finger under eye; various forms of harassment; and public mobbing. Complaints have been filed in 1987; 1992;1998 and 2005 to 2010. Complaints were made to various public officials and local, state, and federal agencies as mental duress. The terms organized stalking, gang stalking, targeted individual, etc., was not learned until a few years ago. The organized stalking and harassment followed in several states, some while traveling from Lancaster, Pennsylvania to California. Tracking technologies may have been used and most likely are still being used. Police were involved in most places.

7. Tapping (Bugging) my phones. Complaints of phone tapping /tampering were made to New Jersey Bell in 1987 with a service call to Stone Harbor, New Jersey to check lines anil phones. The same was done by a Bell Atlantic repairman in Conestoga, Pennsylvania in 1998. in 2004 a

complaint with a report number was filed with the Pennsylvania Attorney General ( Office in Pittsburgh, Pennsylvania (Agent Amy Zelnick) regarding interference with phone calls and impersonations by perps intercepting and rerouting calls. Computer Hacking complaints Iiiivere filed to local authorities in the County of Lancaster and the Cyber Crime unit of the Federal l3ureau of Investigation in 2005 to 2010.

8. Blacklisting me in the labor market. Filed complains of employment discrimination with the Pennsylvania Attorney General in 2006 and the Lancaster County Human Relations Commission in 2008.

9. Workplace mobbing. Experienced in 1987 at Financial Management Group, Ltd., American Helix of High Industries in 1991 and Pflumm Contractors, Inc., in 1997/1998. Filed complaints and logs as mental duress and harassment. Was forced out of all 3 organizations as a result of the mobbing and harassment.

10. Public Mobbing. Public type mobbing and organized stalking and harassnlient was perpetrated heavily in the years 2005 to 2010 in the following places: The Lancastel;r County Courthouse, The Lancaster County Public Library, the Pennsylvania Career Link, and the hilillersville University Library and University Offices. I was given suspicious and illegal "No Trespass" Notices in some 18 public places in Lancaster County in the years 2005 to 2009 without just cause. I was complaining of stalking and harassing in most all of those public places. The Lancaster County Public Library and the Millersville University took away my access to a computer after my' personal computers were vandalized and /or hacked inoperable. Fulton Bank took away my safe deposit box. Others included my church of worship, various bars and restaurants and one attornieys office Complaints have been filed regarding the same in courts and with various authorities.

Superior Court 1164 Amicus re Kathleen Kane Page 35 of 48 Thursday, April 28, 2016

Stan J. Caterbone Affidavit

11. Attempted Murder. Experienced with an attempt of vehicular homicide in 111991 after National News Media reported ISC /CIA -NSA connection of "Arms to Irag ". The incident involved a vehicle changing lanes and direction and heading directly toward me in the wrong direction running me off the road, narrowly missing a tree. I Filed the incident in federal courts and used as a motion to seal federal case no. 05 -2288 in 2005 in the United States District Court for the Eastern District of Pennsylvania.

12. Pet Killing. Cat was killed in 2005 with complaints to the Lancaster County Humane Shelter and the Southern Regional Police Department.

13. Illegal Entries of Home /Properties. First in 1987 in Stone Harbor, New Jersey, then again in 1991; 1997 -1998; and most serious in 2005 to 2010. Filed Police Reports and insurance claims, most with the Southern Regional Police Department of Conestoga, Pennsylvania , State Farm and Harleysville Insurance Companies.

14. Illegal Repossessions. Airplane in 1987 containing legal and business files. Home /Property and Contents in 2006 also containing legal and business files and documents.

15. Physical Assaults. One attack and filed complaint with police report in Los Osos alifornia in 2005 and one in the City of Lancaster. Police reports were filed and obtained for both.

16. False Arrests. Experienced 7 in 1987 and more than 20 in 2005 and 2006 in the Commonwealth of Pennsylvania Lancaster County Court of Common Pleas. The false arrests were charges that were all dismissed prior to court hearings.

17. False Imprisonments. Spent 7 to 10 days in Lancaster County Prison in 1987 with all charges dismissed and again for some 60 days in 2006 with all charges dismissed. The 60 Days of imprisonment of 2006 was triggered with a false report of missing a bail supervision meeting, which was confirmed to be false in court; however bail was maliciously and purposefully reinstated as secured instead of unsecured. The appropriate appeal was filed which secured my release after some 60 days of false imprisonment. There were no charges that resulted in any convictions.

18. Psychiatric Abuses with False Suicide Allegations from Perpetrators /Stalkers. One in 1987 resulting in a forced hospitalization for several hours by police in Stone Harbor, New Jersey. And one again in February of 2005 resulting in police restraining me in my home and abusing me. This one was a fraudulent and phony email sent to police by a perp. The Southern Regional Police had to vacate after the email was proven to be a fraud.

19. Vandalism to Property. First in 1987 in Stone Harbor, New Jersey, then again in 1991; 1997 -1998; and most serious in 2005 to 2010. Filed Police Reports and insurance claims, most with the Southern Regional Police Department of Conestoga, Pennsylvania and Harleysville Insurance Company. 3 computers have been rendered inoperable since 2005 along with various electronics equipment; dvd recorders; printers; household items; appliances; etc., Most nsurance claims have been paid. In the past years a wave of purchased items, online and in stores, were received broken or the wrong item and all had to be returned. Some included items to secure my property, and others included computer related items, others were household and clothing items.

20. Gas Lighting. The illegal entering of home and causing psychological duress by moving items and or hiding items. First reported in 1998 to the Conestoga Police and continued to present. Clothing was also manipulated and altered. The term "gas lighting" was only Learned in 2010, although it was reported to police as harassment by neighbors of friends. The daily draining of my hot tub was also used as a psychological warfare tactic and used to run up utility bills. Numerous complaints were made to police in 2008 to 2010.

Superior Court 1164 Amicus re Kathleen Kane Page 36 of 48 Thursday, April 28, 2016

Stan J. Caterbone Affidavit

21. Thefts of Property. Not Yet Completed.

22. Vandalism to Car /Truck. Since 2005 have experienced years of gas siphoning, battery outages, letting air out of tires, and wetting of inside of floor mats as psychological warfare tactics by perps and stalkers. Made numerous complaints the Lancaster City Police Department.

23. Toxic Chemical Causing Running Nose. Experienced on regular basis in 2009 when in public places. Was not in conjunction with cold /flu symptoms. Research states it is a tactic used in organized stalking.

24. Computer Hacking. Computer Hacking complaints were filed to local authoritiies in the County of Lancaster and the Cyber Crime unit of the Federal Bureau of Investigation iri 2005 to 2010. Numerous complaint numbers have been secured. Complaints of cell phone hacking was also reported in 2010. Websites and blogs were regularly hacked and sometimes takers off -line. Electronic calenders, court documents, and financial records were often hacked causing many problems of the years, including having to withdraw civil complaints.

25. Cyber Stalking. Most in 2005 to 2010. Complaints to Microsoft legal counsel, Yahoo Message Board, and the FBI Cyber Crime Unit.

26. Interference /Delay /Theft of U.S. Mails. First reported to U.S. Postmaster- of mail tampering and illegal changing of address in 1987. In 2008 to 2009 have made several more complaints to the U.S. Postmaster Inspector General who claim to have begun investigations. Some caused missed court hearings and other missed appointments and or meetings.

27. Electromagnetic Weapons Causing Severe Muscle Spasms /Cramps First experienced in 2006 to present. One experience in 2006 was while I was in my hot tub and the pain and cramp was so severe in my left calf muscle (you automatically bend over to r.ib it out, which placed my head underwater) I had to crawl out of the hot tub before almost drowning.

28. Electromagnetic Weapons Causing Sexual Stimulation. First experienced in 2005.

29. Forced Hospitalizations. Forced Hospitalizations in 1987 (2) one for 6 hours and one for 5 days; 2006 one for 3 days; 2009 one for several hours while in intensive care for emergency surgery; and 2010 one for 8 days. Filed complaints to Citizens Commission for Human Rights in 1991 and 2008.

30. Manipulation and Theft of Documents. Numerous thefts and manipulation ot all legal and business documents both in paper and in electronic format have occurred since 1987. Microfiche /Microfilming began in 1987 and other measures to secure documents have been ongoing to present. Numerous complaints have been filed with law enforcement since 1937.

Superior Court 1164 Amicus re Kathleen Kane Page 37 of 48 Thursday, April 28, 2016

Stan J. Caterbone Affidavit Statement: I have been a Targeted Individual, TI, and Victim since 1987. In 1987 I blew the whistle (public Allegations and Complaints to State and Federal Authorities of Fraud during merger negotiations with British Defense Contractor Ferranti International) on an international defense contractor named International Signal & Control, or ISC, who was selling arms (Everything from Telemetry Systems to Cluster Bombs) to Iraq via South Africa and was convicted of a $1 Billion dollar Fraud in 1992 by the United States Attorney and several other federal agencies. See ABC /News 20/20 and Nightline in 1991. They were founded and headquartered in my hometown of Lancaster, Pennsylvania. I was a shareholder and was solicited by a top ISC Executives (Convicted as a Mastermind of the Billion Dollar Fraud) to help finance some of their operations through an affiliate called United Chem Con. ISC was a Department of Defense (DOD) Contractor and a partner with United States Intelligence Agencies since it's beginnings in the early 1970's. One of it's first contracts was Project X with the National Security Agency or NSA of Ft. Meade, Maryland. Former Secretary of the Navy, Bobby Ray Inman was on the Board of Directors of ISC and was also on the Board of Directors of Science Applications International Corporation) or SAIC. SAIC was a huge defense contractor that was the recipient of the Defense Intelligence Agency, or DIA, program on Remote Viewing, which SAIC named Project Stargate. It was reported that Bobby Ray Inman declined the nomination for Secretary of Defense under the first Clinton Administration because of the ISC and Trecor scandals. In the early 1990's I was a subcontractor on a project for the Defense Advanced Research Project Agency, or DARPA, with the National Institute of Standards and Technology, or NIST called TIMIT. The project developed speech corpora for the development of computer based speech recognition systems. I was also involved in the bidding of other Department of Defense contracts dealing with information technologies. In 1998 I was stalked and approached by an employee of the National Security Agency, or NSA in York, Pennsylvania who said my problems were not with the NSA, but the "good ole boys ". In 2005 I was detained by 2 Defense Intelligence Agency, or DIA officers in a museum on 3 military base in Austin, Texas and was questioned and interviewed regarding my civil actions filed in federal court for several hours. I was released and told to stay off of all military bases. My brother, a Family Physician in Austin Texas had to verify my travel plans and the fact that I was staying with him prior to my release.

My father alleged he was part of U.S. Navy experiments in the 1940's and experienced synthetic telepathy in the 1970's, 1980's and 1990's as outlined in memos and documents he had authored; and from my personal conversations with him prior to his death. Ms. Amy Fuchs of the Disclosure Project confirmed that he was most likely given an ET experience via (synthetic telepathy. He died in 2001 in New York City of cancer. My brother was in the U.S. Air Force in the late 1960's and I allege was a victim of the LSD experiments relating to MKULTRA in' the late 1960's and a victim of murder (Suspicious Suicide with tainted medical reports) in Santa Barbara California in 1984; Notarized Complaints were filed to the California Attorney General in 1991. He made a declaration type statement prior to his death that he got "bad LSD" while in the U.S. Air Force.

Organized stalking and harassment began in 1987 following the public allegations of fraud within ISC. As far back as the late 1980's I thought that my mind was being read, or "remotely viewed ". During the times that legal Counsel and attorneys were solicited in 1987, 1991, and 1997 Organized Stalking and Harassment and other forms of attacks experienced by Targeted Individuals were severely increased. In 2005 the U.S. sponsored mind control turned into an all - out assault of mental telepathy; synthetic telepathy; and pain and torture through the use of directed energy devices and /or electromagnetic weapons. This assault was no coincidenc;.e in that it began simultaneously with the filing of the federal action in U.S. District Court, of CATERBONE v. Lancaster County Prison, et. al., or 05 -cv -2288.

This targeting has ruined every aspect of my life.

Superior Court 1164 Amicus re Kathleen Kane Page 38 of 48 Thursday,lApril 28, 2016

Stan J. Caterbone Affidavit Some Perspectives "The calculated and technological entry into another person's mind is an act of monumental bar- barism which obliterates- perhaps with the twiddling of a dial - the history and civilization of man's mental development. It is more than an abuse of human rights, it is the destruction of meaning. For anyone who is forced into the hell of living with an unseen mental rapist, the effort to stay sane is beyond the scope of tolerable endurance. The imaginative capacity of the ordinary mind cannot encompass the horror of it. We have attempted to come to terms with tke experi- ments of the Nazis in concentration camps. We now have the prospect of systematic control au- thorized by men who issue instructions through satellite communications for the destruction of societies while they are driving new Jaguars and Mercedes, and going to the opera." "On the Need for New Criteria of Diagnosis of Psychosis in the Light of Mind Invasive Technology "by Carole Smith Global Research, October 18, 2007; Journal of Psycho -Social Studies, 2003.

"People have no comprehension of how lethal only one aspect (aside from the obvious Df driving the victim completely insane) of telepathy technology can be in disrupting and ruining an individ- ual's life through the sabotaging of his /her daily activities. Everything an individual does begins with a momentary thought. From the split second that thought is learned by the person on the other end (telepathically) - the individual's right to privacy is not the real threat or loss. The real lethal weapon is the advantage in disrupting or preventing the individual from accomplishing whatever he/she is going to do before they actually do it. With a simple cell phone call or instant message, the "Advanced Team" is in place to subvert; sabotage; manipulate; propagandize; smear; disrupt; or even prevent the task or activity from being accomplished in any successful manner. The perps are skilled at creating scenarios that are covertly arranged to simulate every- day occurrences to make the victim at fault for the loss or failure. Imagine the consequences when these activities have legal and financial implications. With telepathy technology the need for tracking and surveillance technology is greatly diminished and may even become obsolete. This is not merely "Mind Invasive" Technology, as Carole Smith so eloquently wrote - this is "LIFE Inva- sive" Technology ". Say Goodbye to any true sense of capitalism and free enterprise in the not to distant future - unless of course someone stops these illegal and disastrous technology transfers and leaks ". Stan J. Caterbone

Organized or Gang Stalking "A system of organized psychological terror tactics used against a person who has beconilie an en- emy of an individual or a government. Subtle but effective techniques of stalking by multiple indi- viduals and psychological intimidation and manipulation are used to slowly but surely drive the target to make complaints to authorities who will see the complaints as bogus because of the methods used against the target. As a result, the target gets labeled as mentally ill.

There are as many stalking tactics as there are targets as the multistalkers will tailor th4 stalking to the individuals habits and individual personality. Some common examples or organized stalking are: following the target on foot, by car and public transportation, crowding the target's space in a public place, murmuring insults under the breath so only the target can hear, sitting iii the car outside the target's residence, starting "fights" in public with the target, doing "skits" on the street which involves information only the target should know but has been found out vi a surveil- lance of the target, stealing and vandalism of the target's possessions." Organized Stalking Website

"Organized Stalking is a form of terrorism used against an individual in a malicious attempt to reduce the quality of a person's life so they will: have a nervous break -down, become (incarcer- ated, institutionalized, experience constant mental, emotional, or physical pain, become home- less, and /or commit suicide. This is done using well- orchestrated accusations, lies, rumors, bogus investigations, setups, framings, intimidation, overt or covert threats, vandalism, thefts, sabo- tage, torture, humiliation, emotional terror and general harassment. It is a "ganging up" by mem- bers of the community who follow an organizer and participate in a systematic "terrorizing" of an individual." Mark M. Rich

Superior Court 1164 Amicus re Kathleen Kane 3 Page 39 of 48 Thursday, April 28, 2016

Stan J. Caterbone Affidavit The acts described above violate many laws aimed at protecting Americans. Some of thE:se laws include but are not limited to the following: 10 USC 921, Article 121 -- Larceny and wrongful appropriation 10 USC 920A, Article 120a -- Stalking 18 2340 USC -- Torture 18 USC 241 -- Conspiracy against rights of sovereign, free, God created, spirit and soul beings 18 USC 213 -- Illegal Surreptitious entry 18 USC 242 -- Deprivation of rights under color of law 18 USC 35 -- Imparting or conveying false information 18 USC 1117 -- Conspiracy to Murder 18USC1111 -- Murder 18 USC 1905 -- Disclosure of information generally 42 USC 1983 -- Civil action for deprivation of rights 42 USC 1985 -- Conspiracy to interfere with civil rights 31 USC 5328 -- Whistleblower protections 18 USC 1512 -- Engaging in misleading conduct 18 USC 1503 -- Intimidating a witness /victim 18 USC 1512 -- Tampering with a witness /victim 18 USC 1513 -- Retaliation against a witness /victim 18 USC 1510 -- Obstructing a criminal investigation, conflict of interest roles in government 18 USC 1509 -- Impeding due exercise of rights by attempting to prevent, obstruct, impede and Interfere with same 18 USC 1622 -- Subordination of perjury by procuring another to commit perjury

(Optional) I have attached a personal message (check).

AFFIRMATION

I affirm that the statements in this Affidavit concerning my torture and the results of that torture are true and correct. I further affirm that those statements are based on my own direct knowledge, personal experience, research, and known and published historical fact.

Affiant (signature) ea&26e)14.

Name (print): Stan J. Caterbone

Date: June 19, 2015

State of Pennsylvania County of Lancaster

15 Sworn before me this 19 day of June 20

Don't Know When Stan J. Caterbone - I was a notary from '94 -'98 , Notary Public Exp.:

Freedom From Covert Harassment & Surveillance. All rights reserved. Copyright © 2010 (This is an amended form of the original Affidavit of September 2010 from Freedom From Covert Harassment & Surveillance.)

Superior Court 1164 Amicus re Kathleen Kane Page 40 of 48 Thursday, April 28, 2016

Samuel P. Caterbone Jr., (Father) Affidavit

FIELD OF DREAMS 11

THIS STORY FIRST STARTED IN 1957

Ì Video came in 1973 and Audio in 1984 and before that it was sort of psychic with felt impressions and today a Human Radio.

The same following information was given to the Doctor for searching the internet and continues to be worth $1000.00.

Sam Caterbone VIDEO How can the eye project the same image on any surface and it be a independent intellegent entity. This eye projection exists every conscious moment with or without my awareness. I cannot accept the brain or mind to be responsible.

EYE PROJECTION IMAGE Its own mobility of movement within the space of sight independent of my eye control. Two female facial images larger then a silver dollar on any wall

who simulate a computer orgin model with each having their 1 own personality. A eye projection in vivid color that is lively and simulates1 being of a computer control orgin. For communication the eye projection uses a coded system of colors and numbers.

EYE PROJECTION COMMUNICATION The total eye projection is constanly flashing with dots in

color at a speed only a computer mind can interpert. 1 When directed to myself the dots appear so I can interpert. The facial parts are used thru dots and facial expressions. The clock posistions sometimes with hands are used for numbers and time. The two facial images are side by side and one is smaller and can direct themselves to look up, down, to the side and facing each other.

AUDIO Male and female people talking in a audio pipeline at 3 locations Each location has its own voice ID. They use my eyes, my ears and talk about everything I know and whereever I go and do it all better then I. Audio sees Video and Video hears Audio. Apartment 309, the mailing list and the envirement other then 309 is their conversation with TV and the local paper.

Superior Court 1164 Amicus re Kathleen Kane Page 41 of 48 Thursday, April 28, 2016

THE ADVANCED MEDIA GROUP Page 35 of 41 06/10%2007 e Samuel P. Caterbone Jr., (Father) Affidavit

INTEGRITY.

This writing with the dateline September 1996 intends to focus on integrity, my integrity and aliso your integrity. Your lack of interest is obvious and I would say this is the nineties and this type of story does not jell regardless of value. Then again the investigative value associated to the Extraterrestrial phenominon is a fact the Media does concur with. Looking back at when this hi- profile, mailing list started in July 1994 and expanded to a final count of fifty does suggest something. Whatever those conclusions I can only imagine. However for the value contained in this story this mailing list is most proper. Aliso adding that I think I am the most advanced in the phenomena of Extraterrestrial information. Saying this because I am a legitimate and scientific valid Human Radio. A Human Radio that operates in the micro -range of biological radio frequency communication that is both audio and video. A technology situation that is not known to this World. My confidence of this value allows this mailing situation to be taken one step further. Therefore to encourage incentive to challenge this break -thru story a special account of one thousand dollars has been opened with the Core States Meridian Bank (717)569 -8731. Showing I am dead serious in being equal to the contemporary rational of Aatronomers using radio telescopes to investigate the Exraterrestrial. Finally a name and number will allow a phone call at my expense to continue this writing on Integrity.

Remember the challenge $1000.00 to debunk my direct communication with the Extraterrestrial that is both audio and video. These] Extraterrestrials are people who are at a specific place with technology.

Sam Caterbone

Dr.Taylor:

If you and your colleagues can find a comparable Case Historyl of my Audio and Video situation anywhere on the Internet that is recorded and not hear -say and would prove the above hi -lite wrong I promise to pay one -thousand dollars.

re- S C.rt ip ed a+- A114 r»^etJ b e:3o t V,. clay Or De.#,lv, f)-Nr%110.44 NOTARIAL SEAL Joanne B. May. Notary Public Superior Court 1164 Amicus re Kathleen Kane : Page 42 of 48 Thursday, April 28, 2016 My Commission ExpiwsoJtTet8,11997 THE ADVANCED MEDIA GROUP . I 06/10/2007

Sammy Caterbone (Brother) Affidavit Advanced Media Group, Ltd. An Information Technologies Company

October 23, 1991

California State Attorney General's Office Sacramento, California

Re: Caterbone, Samuel A. 11733 089 (Military ID), Deceased

Dear Sirs:

As per the enclosed death certificate of December 25, 1984, which states in item #35A "Under Investigation ", I am hereby formallk' and officially requesting information as to the findings of that investigation.

Please understand, that in the spring of 1985, I had personally visited the County of Santa Barbara's Public Guardian Office for the above information, however they would did not provide any additional information.

For the record, on December 27th, 1984, I had received a phone call from Charles Snyder Jr., the mortician, upon receiving and examining the body of the deceased, which arrived from Santa, Barbara, California.

Mr. Snyder raised some concerns into an apparent discrepancy with the cause of death, as stated by the Coroner, John Carpenter. Mr. Carpenter certified that the cause of death was "Asphyxiation; ligature strangulation; Suicide -hung self with belt: Under Investigation".

Mr. Snyder stated to, in similar words, "Stan, I have a problem, the report says that your brother hung himself, yet there) are no markings on your brothers neck, there should be some kind of marks from the bruises, there is always some kind of markings in flanging, I can't find any marks ".

I had intimate discussions with attorney Joseph Roda, of Lanlcaster, pertaining to these matters.

Most importantly, while visiting with my brother in Santa Barbara, California, he had informed me that he was given "Bad LSD" while in the service, and that was the reason for his mental condition. I have always known that he had often times experienced "flashbacks ", and in that conversation my brother confirmed, and admitted that he often times .experienced "flashbacks ",I, And "flashbacks" are medically proven to be a characteristic' of LSD' users.

Superior Court'1164 Amicus re Kathleen Kane Page 43 of 48 Thursday, April i87201'810 717 7897 Lancàster. P4 17601 FAX 392 ;

i I

Sammy Caterbone (Brother) Affidavit

California State Attorney General, October 23, 1991, Page 2

In light of the recent information concerning alleged "experimental drug programs administered by certain branches of the United States Military", 'and the use of LSD in the respective programs, ind my intimate conversations concerning LSD with my brother, I¡ have serious questions regarding my brother's death.

Especially in regards to the alleged suicide, which as I have been told by medical professionals, is impossible without any marking on the victim's neck, if indeed asphyxiation by strangulation is the cause of death.

So that I may bring a conclusion to these issues, I would expect information regarding the "Investigation ", apparently conducted by Coroner Kenneth Carpenter, be submitted to me in a timely fashion.

I would think that I, as administering all matters regarding my brother's death, be privilege to this information.

Incidently, I have had numerous fabricated allegations of suicide, which have always been supported by the fact that my brother allegedly committed suicide, and I would like this issue either denied or confirmed. It has caused me a great deal of emotional duress, especially when the allegations of my suicide were proven to be fabricated.

I may be reached at: Stan J. Caterbone 615 Wyncroft Lane #2 Lancaster, PA 17603 (717) 392 -3682 Phone (717) 392 -5032 Fax

I appreciate your immediate cooperation into these sensitive matters.

Sincerely,

Stan J. C:' erbone

Enclosures cc: County of Santa Barbara, Public Guardian Office Senator Bill Bradley, New Jersey Charles Snyder, Jr., Snyder Funeral Home Congressman Robert Walker, Pennsylvania

Notary: SUBSCRIBED AND SWORN TO BEFORE ME THIS

DAY CT 2 1991

--r SEAL WHOLENOLE M. MAURER. Notary PubIle Superior Court 1164 Amicus re Kathleen Kane Page 44 of 48 tcaster, Lancaster County. Pa. Thursday, April 28, 2616 My Commission Expires Aug. 2. 1993 Sammy Caterbone (Brother) Affidavit

PLAsE 3Eet4".--* . grt or »tat? of CaIifurnìii

4,4E11, ..;^- rriitg of aanta ?Barbara 11

, 19 In the Matter of the Conservator- HOWARD C. MGN'Zk.L, dimity Clerkl. shä.2_ of the Person .,,and Estate Of By ...... SAMUEL ANTHONY CATERBONE, Dcputy Cterk No 137839 Conservatee. CITATION

THE PEOPLE OF THE STATE OF CALIFORNIA,

To SAMUEL ANTHONY CATERBOtaE

Greeting:

YOU ARE HEREBY CITED to be and appear in the Superior Court of the State of California in and

for the County of Santa Barbara, at the Courtroom thereof, at. the Court House in the City of___._......

Santa .-Barbar .....r.,w.. a ::--, C.-aunty of Santa Barbara, State of California, on_..11les._day,

day of.. idoyember ß-82., at, -E 5 o'clock.n,k_M., of that day then and there to show

cause, if any you have whythe:4 a..Pöilàtffi ? .4.:ß...A ..D s r..Q. Q £...Y..4i,F ..Person ..

áDd..g.. atg. .s. ces,

etoze Maier_ S.u.i le.. pereIIm1. Sholl.l.ci nat,. ,e. zeappaixLtec ..._rzn SrS v .tor. of

HOWARD C. MENZEL, County Clerk ( It M. MLIKE1 Deputy Clerk.

CL_I $7 Mr. 3/76

Superior Court 1164 Amicus re Kathleen Kane 3 Page 45 of 48 Thursday, April 28, 2016

Case No. C1 -08 -13373 Lancaster County Court of Common Pleas

CITIZENS COMMISSION ON HUMANRIGnTS' INTERNATIONAL

Stanley J Caterbone 1250 Fremont St Lancaster, PA 17603 September 25, 2009

Dear Mr. Caterbone,

We would like to thank you for sending your psychiatric abuse report to the Citizens Commission on Human Rights International (CCHR). After reviewing your information, it is evident that you experienced many psychiatric abuses. However, it has been determined that CCHR is unable to take any action on the information.

Unless you request otherwise, your confidential information will remain on file with CCHR and could potentially be used in the future. For instance, because we receive hundreds of abuse reports each year, it is possible that other people might fife reports on the same practitioner or facility. CCHR can use such data to show a pattern of abuse.

Please understand that CCHR is not a law enforcement or legal agency in any way. We are not an attorney referral service, cannot bring lawsuits against individuals and do not have law enforcement powers.

CCHR Int'l, 6616 Sunset Blvd., Hollywood, CA 90028,

humanrights ©cchr.org

Sincere

Lura Schmiedeke,

Abuse Case Documenter

6616 SUNSET BOULEVARD LOS ANGELES, CALIFORNIA 90026 (323) 467-4242 FAX (371.3í447.312O intentes Address: http:/ /www.cchr.urg E-Mall Address: humanrightsQcchr.org Advanced Media Group Page 5 of 9 October 6, 2099 Creatod with . Lit1POF pro$esslonai 2016ev,;nnr,i Superior Court 1164 Amicus re Kathleen Kane 3 Page 46 of 48 d CAM nk dthe Thursday, April 28, Case No. j}3'i13 Lancaster County Court of Common Pleas

Created with

nitroPDrprofessi ona ( Advanced Media Grouo Pane 6 of 9 Octnher 6. 2009 Superior Court 1164 Amicus re Kathleen Kane : Page 47 of 48 download the Thursday, April 28, 2016eçUel What is CCI-IR?

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ABOUT US VIDEOS TRUTH ABOUT PSYCHIATRY ALTERNATIVES TAKE ACTION ORDER

The Citizen's Commission on Human Rights was originally formed in 1969 as a global watchdog committed to investigating and exposing human rights violations in the field of mental health. From its headquarters in Los Angeles, CCHR coordinates activities amongst its chapters around the world.

HOME ' ABOUT US » WHAT IS CCHR? Next

SUBSCRIBE WHAT IS THE CITIZENS COMMISSION ON HUMAN TO CCHR NEWS RIGHTS? The Citizens Commission on Human Rights (CCHR) is a nonprofit mental health watchdog, ® LkJ responsible for helping to enact more than 150 laws protecting individuals from abusive or coercive practices. CCHR has long fought to restore basic inalienable human rights to the FREE INFORMATION KIT field of mental health, including, but not limited to, full informed consent regarding the AND DVD medical legitimacy of psychiatric diagnosis, the risks of psychiatric treatments, the right to all available medical alternatives and the right to refuse any treatment considered harmful.

CCHR was co- founded in 1969 by the Church of Scientology and Professor of Psychiatry

Emeritus Dr. Thomas Szasz at a time when patients were being warehoused in institútions and stripped of all constitutional, civil and human rights.

CCHR functions solely as a mental health watchdog, working alongside many medical professionals including doctors, scientists, nurses and those few psychiatrists who have Restoring Human Rights and Dignity to the Field of Mental taken a stance against the biological /drug model of "disease" that is continually promoted Health I by the psychiatric /pharmaceutical industry as a way to sell drugs. It is a nonpolitical, Order a Free nonreligious, nonprofit organization dedicated solely to eradicating mental health abuse Citizens Commission on and enacting patient and consumer protections. CCHR's Board of Advisers, called Human Rights Information Kit Commissioners, include doctors, scientists, psychologists, lawyers, legislators, educators, LEARN MORE business professionals, artists and civil and human rights representatives.

People frequently ask if CCHR is of the opinion that no one should ever take psychiatric drugs, but this website is not dedicated to opinion. It is dedicated to providing information About Us that a multibillion dollar psycho /pharmaceutical industry does not want people to see .or to know. The real question therefore is this: Do people have a right to have all the inforrination What is CCHR? about (A) the known risks of the drugs and /or treatment from unbiased, nonconflicted Accomplishments medical review, (B) the medical validity of the diagnosis for which drugs are being Message from the President prescribed, (C) all nondrug options (essentially informed consent) and (D) the right to Board of Advisors refuse any treatment they consider harmful. Leadership CCHR has worked for more than forty years for full informed consent in the field of mental CCHR Financials health, and the right to all the information regarding psychiatric diagnoses and treatrñent, Mental Health Declaration not just the information coming from those with a vested interest in keeping the public in Industry Psychiatry: An of the dark. Death Museum

CCHR Global Locator It is in this spirit that we present you with videos, blogs, news, medical experts and information designed to arm you with facts.

CCHR As a nonprofit organization, it is through public donations that we are able to continue our CHAPTERS WORLDWIDE Superior Court 1164 Amicus re Kathleen Kane Page 48 of 48 Thursday, April 28, 2616

11/6/2015 12:42 AM I of 2

ORIGINAL

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, PENNSYLVANIA - CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA

v.

KATHLEEN G. KANE

`D;

MOTION OF ATTORNEY GENERAL KATHLEEN G. KANE TO QUASH BASED ON SELECTIVE AND VINDICTIVE PROSECUTION

Attorney General Kathleen G. Kane, by and through her counsel, Gerald L. Shargel, Esq., hereby moves the Court before the Honorable Wendy Demchick -Alloy, Justice of the Coui-t of

Common Pleas, Montgomery County, 2 East Airy Street, Norristown, Pennsylvania for an 'Order:

1. Quashing the charges in this case because Attorney General Kane is the victim Of

selective and vindictive prosecution;

2. And for any other relief the Court deems just and proper.

Dated: New York, New York April 27, 2016 Winston &/f tAawn LL P

Geralf Shargel, Esq. Seth C. Farber, Esq. Attorneys Pro Huc Vice for Attorney General Kathleen G. Kane

Minora, Minora, Colbassani, Krowiak, Mattioli & Munley Amil M. Minora, Esq. Attorney for Attorney General Kathleen G. Kane Attorney ID: 22703

1 i

OR{9INAL

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, PENNSYLVANIA - CRIMINAL DIVISION

COMMONWEALTH OF PENNSYLVANIA : No. 6239-15 v. : No. 8423-15

KATHLEEN G. KANE

MEMORANDUM OF LAW IN SUPPORT OF ATTORNEY GENERAL s KATHLEEN G. KANE'S MOTION TO QUASH BASED ON SELECTIVE AND VINDICTIVE PROSECUTION

s WINSTON & STRAWN LLP Gerald L. Shargel Seth C. Farber 200 Park Avenue New York, NY 10166 Attorneys Pro ¡lac Vice for Attorney General Kathleen G. Kane

MINORA, MINORA, COLBASSANI, KROWIAK, MATTIOLI & MUNLEY Amil M. Minora, Esq. Attorney for Attorney General Kathleen G. Kane Attorney ID: 22703 s

s

TABLE OF CONTENTS INTRODUCTION 3

LEGAL STANDARD 3

STATEMENT OF FACTS I 4

ANALYSIS 11

I. Others Similarly Situated Are Not Prosecuted 11 II. Attorney General Kane Has Been Intentionally and Purposefully Singled Out for

Prosecution for an Invidious Reason i. 13 CONCLUSION 17

TABLE OF AUTHORITIES

Page(s)

Cases

Corn. v. Butler, 533 A.2d 105 (Pa. Super. Ct. 1987) passim

Corn. v. Butler, 601 A.2d 268 (1 991) 3, 4

Corn. v. Rocco, 544 A.2d 496 (Pa. Super. Ct. 1988), appeal denied Corn. v. Rocco, 559 A.2d 36 (1989) 3, 4

Snyder v. Bender, No. 1:09 -CV -0927 (YPK), 2010 WL 2103640 (M.D. Pa. May 25, 2010) 14

Statutes

Pennsylvania's Criminal History Record Information Act 12

INTRODUCTION

Leaks of grand jury information are not uncommon; neither are disclosures óf other confidential information about criminal investigations. However, prosecutions for these leaks or disclosures are extraordinary. Attorney General Kane was singled out for investigation and subsequent prosecution in this case as a result of the initiative of prosecutors with personal antagonism towards Attorney General Kane resulting from her exercise of her First Amendment rights and her lawful duties as Attorney General of the State of Pennsylvania. Because the

Federal and Pennsylvania Constitutions prohibit such selective and vindictive prosecutions, the charges in this case must be dismissed.

LEGAL STANDARD

The defense of selective and vindictive prosecution is a question of law that is properly brought in a motion to dismiss, and is a complete defense to a criminal charge. Corn. v. Butler

601 A.2d 268, 270 -71 (Pa. 1991) ( "Butler II "). At the heart of the defense of selective or vindictive prosecution is the proposition that "[u]nder the equal protection clause (i)f the

Fourteenth Amendment of the United States Constitution, the government must afford similarly situated persons similar treatment." See Corn. v. Butler, 533 A.2d 105, 108 (Pa. Super. Ct. 1987)

( "Butler 1 "). In order to establish a case of prosecutorial selectiveness or vindictiveness, a defendant must show that: "(I) others who are similarly situated to the defendant are not generally prosecuted for similar conduct; and (2) the defendant has been intentionallÿ and purposefully singled out for prosecution for an invidious reason." Id. at 109.

An "invidious reason" for prosecution can be demonstrated in one of two ways; either situation warrants "inquiry and judicial intervention." Corn. v. Rocco, 544 A.2d 496, 498 (Pa.

Super. Ct. 1988), appeal denied Corn. v. Rocco, 559 A.2d 36 (1989). The first is "where a

3

prosecutive decision is based on discriminatory grounds of race, religion, national origin Or other impermissible classification." Id. The second is where "the accused is treated more harshly because he has successfully exercised a lawful right." 1d.; see also Butler ll, 601 A.2dl at 270

(stating that defense may be "based upon the theory that due process prohibits a prosecutin- from punishing a criminal defendant in retaliation for that defendant's decision to exercise a constitutional right "). It is the second situation that exists in this case.

STATEMENT OF FACTS

As a candidate for Attorney General, Attorney General Kane publicly and openly questioned and criticized the apparent mishandling of the Jerry Sandusky prosecution. In particular, she pledged that, if elected, she would commence a review of the Sandusky prosecution.' Shortly after taking office she began that review, even retaining a former federal prosecutor, H. Geoffrey Moulton, Jr., to lead the review and produce a report on his findings.2

Attorney General Kane's review received considerable public attention, and press reports suggested that the review might result in a public finding critical of the prosecution) team, including a finding that the investigation suffered from inexcusable delays.3 A lead prosecutor

Jan Murphy, "State attorney general candidates want to review Sandusky case," Pcnnlive.com, Aug. 30, 2012, http: // www. pennlive.com /midstate /index.ssf/2012 /08 /state_attomey general candid a.html. 2 Charles Thompson, "Attorney General Kane's Sandusky deputy seen as fair, balanced," Pennlive.com, Feb. 4, 2013, http: / /www.pennIive.com /midstate /index.ssf/2013 /02 /attorney _general kanes sandusk.htm I. 3 Charles Thompson, "Attorney General Kathleen Kane nears launch of Sandusky probe," Pennlive.com, Feb. 2, 2013, httn:// www. pennlive.com /midstate /index.ssf/2013 /02 /attorney general kathleen kane 2.htiml ("The new inquiry, [Kane] has said, would look at, among other things: Whether enough agents and investigators were dedicated to the investigation at the start? Why Sandusky wasn't arrested after the first credible case was built? Why Corbett's staff took the case before a grand. jury? Did campaign contributions from hoard members of The Second Mile, Sandusky's youth charity, influence matters ? "); Thompson, "Attorney General Kane's Sandusky deputy seen as fair, balanced." ( "The pledge, in essence, is to conduct a thorough 4

in the Sandusky investigation had been Frank G. Fina, and L. Marc Costanzo assisted in the prosecution, as wel1.4 The investigation and subsequent prosecution of Mr_ Sandusky

received enormous publicity at the time,5 and, undoubtedly, was the capstone of Fina' I; career in the Office of the Attorney General ( "OAG ").

Fina and Costanzo had left the OAG shortly after Attorney General Kane took office,6 and, according to published reports, were incensed by the Attorney General's review of their work. For example, a March 5, 2013 article in the Legal Intelligenter stated:

Attorneys and agents from the Pennsylvania Attorney General's Office who were

involved in the investigation and prosecution of Jerry Sandusky are `outraged' I that Attorney General Kathleen Kane is keeping her promise to investigate the office's handling of the case, and some are prepared to go public if the review's findings are overly critical of their work or inaccurate, sources close to the Sandusky investigation said.

`If they come after us, we're coming out publicly,' said one source who held a leadership post in the office and was involved in the investigation.

Ben Present, "Prosecutors Angered Over Kane's Sandusky Investigation," The Legal

Intelligencer, Mar. 5, 2013.

review of the 33 -month Sandusky probe to answer lingering questions about why Sandusky wasn't arrested after the first credible witness came forward; why the case was turned over to a grand jury; and whether external factors like then -Attorney General Tom Corbett's gubernatorial aspirations influenced its pacing. "). Sara Ganim, "Jerry Sandusky trial: Prosecutor is used to the spotlight," PennLive.com,1June 10, 2012, http://www.pennlive.com/midstate/index.ssf/2012/06/jerty sand usky,prosecutor is u.htlml (Fina); Mark Shade and Dave Warner, "Jerry Sandusky waives preliminary hearing on cliild sex abuse charges," The Christian Science Monitor, Dec. 13, 2011, I http: //www_csmonitor.com /USA/Latest- News -Wires /20I I / 1213 /Jerry -Sandusky- waives - preliminary- hearing -on- child- sex -abuse- charges (Costanzo). See, e.g., Joe Drape, "Sandusky Guilty of Sexual Abuse of I O Young Boys," The New York Times, June 22, 2012, http://www.nytimes.com/ 2012/06/23/ sports /ncaafootball/jerry- sandusky- convicted -of sexually- abusing-boys_html? r=0 6 Craig R. McCoy, "Phila. DA assembles team to investigate corruption," Philly.com, Apr. 29,

2013, http://articles.philly.com/2013-04-29/news/38880260 I _veteran-prosec utors-polit ical- corruption-attorney-general. 5 Approximately a year later, Attorney General Kane publicly criticized a second high- profile investigation conducted by Fina during his tenure at the OAG: the "Tyro;n Ali" investigation. In that investigation, Fina supervised a three -year undercover sting operation into allegations of public corruption. Attorney General Kane halted the investigation (without

bringing charges and publicly stated that Fina's investigation was poorly conceived; badly managed, and tainted by racism because it had targeted African Americans.7

Shortly after Attorney General Kane made her public statements, Fina (who by then had become a prosecutor in the Philadelphia District Attorney's Office) took the extraordinary step of writing an op -ed article publicly attacking Attorney General Kane's decision to close the

Tyron Ali investigation. In that article, Fina wrote:

Attorney General Kathleen Kane ended that corruption investigation without charging any of the public officials involved, and she has in the past week

made critical and negative assertions about my colleagues and I and the work I that we performed in the investigation.

* * *

Surely, an elected official should be able to and required to speak to the citizens of this Commonwealth and explain how and why she made a decision to not pursue possible official corruption, and instead chose to criticize those who sought to bring possible crimes to light, and then remain silent when called to answer.

I await AG Kane's response to my invitation to speak to the citizens of this state - unless of course she remains silent at her lawyer's direction.

7 Angela Couloumbis and Craig R. McCoy, "Kane: Targets committed crimes but sting still, flawed," Philly.com, Mar. 19, 2014, http://articles.philly.com/2014-03- 19/news/48334899_1 sting -operation-kane -sting -case ( "While saying public corruption made her `sick,' Kane said the sting was flawed and tainted by racism, and could not have led to successful prosecutions. `There is nothing we can do to salvage this case,' she said. "). 6

Frank G_ Fina, "I challenge AG Kane to face me on the facts of corruption probe: Frank G.

Fina," PennLive Op -Ed, Mar. 24, 2014, http: //www.pennlive.com/ opinion / 2014 /03 /i_challenge_ag_kane_to_face me.html.

Only six weeks later, on May 7, 2014, Fina and Costanzo were contacted by a reporter,

Christopher Brennan, who indicated that he was working on a story that would be critical 0f their conduct of yet another significant investigation, in this case, their failure to pursue corruption charges against J. Whyatt Mondesire, the former head of the Philadelphia chapter lof the

NAACP. (Exhibit A, Transcript of Conference Held in Chambers, May 12, 2014, at 2 -5.) This time, Fina and Costanzo took even more extraordinary measures in response to the specter of further bad publicity. First, even though Brennan himself was under no obligation of grazed jury secrecy and had a First Amendment right to publish his story, Fina and Costanzo attempted to dissuade Brennan from doing so by intimating that grand jury secrecy obligations applied to him and that publication of the article would be a "problem." (Id. at 16.) Second, and even more unusually, and even though the Mondesire investigation had ended five years earlier, inl 2009,

Fina and Costanzo decided to instigate a criminal investigation.

Accordingly, the next day, on May 8, 2014, Fina and Costanzo sent a letter to Judge

William R. Carpenter "to report the release of Grand Jury information." (Exhibit B, Letter from

Chief Assistant District Attorney E. Marc Costanzo and Assistant District Attorney Fralnk G.

Fina to Honorable William J. Carpenter, dated May 8, 2014, at I.) They wrote that they had been contacted by a reporter who claimed to have documents containing "extensive eviden:e and information that clearly fall within the ambit of Grand Jury secrecy." (Id. at 1.) They offered to provide further details and answer questions and expressed a preference to do so at an in cizmera conference with Judge Carpenter. (Id. at 2.)

7

On May 12, 2014, Fina and Costanzo appeared before Judge Carpenter in an in c:arriera, sealed proceeding. (Exhibit A at 1.)8 During their appearance, Fina and Costanzo again stated that they had been contacted by a reporter who claimed to have information related to la prior grand jury proceeding. (Id. at 2 -3.) Fina said that he believed it was his "duty" to report the leak and offered his legal conclusion that "the individual who had provided [the reporter} with) this e- mail in all likelihood had committed a crime, possibly even a felony." (Id. at 4.)

Judge Carpenter asked Fina and Costanzo what action they were requesting that the Court take. (Id. at 10.) In response, Fina noted that Judge Carpenter could investigate the allegEil,d leak as a potential criminal violation. (Id. at 11 -12.) Fina also suggested the appointment of a especial prosecutor to pursue criminal charges. (Id. at 12) ( "Judge Garb on one occasion appointed an independent prosecutor, answerable only to him, somebody from outside the A.G.'s Officée, and that person looked into an alleged secrecy breach. "). Fina even insinuated that he himself would be particularly qualified to run a leak investigation. (Id. at 12) ( "1 have conducted some or these reviews when I was in the Attorney General's Office on behalf of different supervising judges. I did it for Judge Garb. I also did it for Judge Feudale and a judge in Pittsburgh once. ").

Fina also suggested that the target of such a special prosecutor's investigation should be the Office of Attorney General:

This document, as far as I'm aware, only existed on a historical database somewhere in the Attorney General's Office. Who is looking through those

historical e-mails 1 am not aware specifically, but it has now apparently been handed out to the media.

R Fina and Costanzo acted in their official capacity in their correspondence with, and appearance before, the supervising judge of the investigating grand jury_ First, they wrote Judge Carpenter on the stationery of the Philadelphia County District Attorney and signed their letter as Assistant District Attorneys. (Exhibit B at 1). Second, they gave their appearances at the start of the conference as Assistant District Attorneys in Philadelphia County. (Exhibit A at 1.) Third, before reporting the leak to Judge Carpenter, Fina had informed the Philadelphia County District Attorney that he would be doing so. (Id. at 6.) 8

(Id. at 12 -13.) Fina continued:

The Court: What you are saying is, it would appear, without any firm basis fort knowledge, that it probably was leaked from within the Attorney General's1 Office. That is what you would suspect.

Mr. Fina: Your Honor, again I don't see any other reasonable explanation at this time.

(Id. at 14 -15.)

Significantly, during the conference, Fina admitted to Judge Carpenter that he and

Costanzo had a personal basis for antagonism against Attorney General Kane. In particular, Fina stated:

I know we are certainly feeling like a couple of ten -point bucks in the first week of deer season lately. I have reason to understand that the Office of the Attorney General has been looking through historical emails, particularly my emails.

(Id. at 13.)

Although Judge Carpenter likely took Fina's comments to refer to a concern about being the target of public criticism over his performance in the OAG, in fact Fina and Costanzd had a far more serious basis for their concern. The OAG email review eventually led to the discovery and public disclosure of pornographic, racist, misogynistic and homophobic emails from the government email files of numerous members of the OAG and other Pennsylvania 'public officials. That public disclosure has forced many of those officials from public office" and, when it was finally revealed that Fina and Costanzo had themselves received (and, in -Finn's

9 See, e.g., Associated Press, "2nd top Pa. judge resigns over porn email scandal," CBSNews.com, Mar. 15, 2016, http: / /www.cbsnews.coni/ news /pcnnsylvania judge- michael- eakin- resjgns- porn -email -scandal: Wallace McKelvey, "Porn email scandal forces resignation of Pa. fraud investigator," PennLive.com, Aug. 28, 2015, http:// www. pennlive.com/midstate /index.ssf/2015 /08/kane porn email resignations.html. 9 -

case, also sent) such pornography,1Ò both faced public demands for their removal from the

District Attorney's Office.11 Articles reporting on those public demands for removal included graphic descriptions of some of the emails, including: "a 32 -image pictorial circulated by Fina entitled `Blonde Banana Split' [that] shows two women inserting bananas into their vaginas and anuses' 12 a 2009 email that Fina sent to his colleagues entitled "FW: New Office Motlivation

Policy Posters" "containing images with a theme of women sexually pleasing their bosses; "13 and, an email where "Fina indicated his favorite image was of a woman in a rainbow thong, with a caption underneath stating: `Rainbows: Not as Gay as You Might Think. "'14

Judge Carpenter would have known none of this as he listened to Tina's and Costanzo's presentation, but these two Philadelphia County Assistant District Attorneys surely knew what their own email correspondence contained and surely recognized the threat to their careers and their reputations that Attorney General Kane's investigation of that correspondence posed.

to Mary Wilson, "Court Releases Pornographic Emails Kane Wanted Public," WKSGnewsl.com, Aug. 26, 2015, http:/ /wskgnews.org/post /court- re]eases- pornographic-emails -kane- wanted public #stream /0 ( "The court also unsealed a selection of the pornographic a -mails Kane's oiffice uncovered, revealing Fina and Costanzo among the messages senders and recipients. "). 11 See, e.g., Joel Mathis, "Why Doesn't Frank Fina Quit ?" PhillyMag.com, Dec. 9, 2015, at http: / /www.phillymag.com/news /2015 / 1 2/09 /frank -fina- quit -resign]; Tricia Nadolny, "Philadelphia DA reassigns prosecutors caught up in Porngate," The Morning Call, Dec. 4, 2015, http: / /www.mc al l.com/news /nationworld/pennsylvani a/m e -pa -porn Bate -ph i l l y- prosecutors -; reassigned- 20151204 -story.html (referencing "repeated calls" for Fina and Costanzo's resignation due to the porngate scandal); Ernest Owens, "Councilwomen call for resignation of city prosecutors tied to Porngate," Metro, Nov. 12, 2015, at http: / /www. metro. us /philadelphia/councilwomen -call- for -resignation -ofcity- prosecutors -tied -to- porngate/zsJokl--- YKb61aFaNclmY/ (referencing petition launched by group of Philadelphia Councilwomen calling for resignation of Fina and Costanzo). 12 Tim Cwiek, "NOW Urges Firing of D.A. Staffers in Porn Ring," EPGN_com, Sept. 24, 2015, http:/ /www.epgn.com/news/local /9403 -now-u ges- firing- of-d -a- staffers -in- porn -ring. 13 David Gambacorta and William Bender, "Fina plays central role in scandals," The Morning Call, Oct. 1, 2015, http://www.mcall..com/ news / nationwor ld /pennsylvania/mc -pa- kane -porn- em ai l- frank -fi na -2 0 l 51001 -story. htm l 14 Cwiek, "NOW Urges Firing of D.A. Staffers in Porn Ring." l0 Unaware of this personal reason for animosity by Fina and Costanzo towards Attorney

General Kane, Judge Carpenter followed Fina's suggestion to launch a criminal investigation.

Thus, on May 29, 2014, Judge Carpenter appointed Thomas Carlucci() as Special Prosecutor and

authorized his investigation into an alleged grand jury leak. (Exhibit C, Order Appointing

Special Prosecutor, May 29, 2014, at 2.) That investigation resulted in the grand jury report, a

subsequent referral to the Montgomery County District Attorney, and, eventually, the criminal

charges lodged against Attorney General Kane in this case.

ANALYSIS

The charges in this case must be quashed because Attorney General Kane was the victim

of selective and vindictive prosecution; First, others who are similarly situated are not generally

prosecuted for similar alleged conduct. As detailed below, leaks of grand jury information have

occurred repeatedly in recent high -profile Pennsylvania cases - including two of Frank.'; Fina's

own cases; none of these other leaks appear to have resulted even in a grand jury investigation,

and certainly none have led to a criminal prosecution, as here. Second, Attorney General Kane

was targeted for investigation and prosecution for an invidious reason. Specifically, the timing

and circumstances of Fina's and Costanzo's actions, and Finas statements, all support the

inference that ADA Fina and ADA Costanzo instituted the Special Prosecutor's criminal O investigation in an effort to retaliate against Attorney General Kane for exercising her First

Amendment rights and for actions she took while carrying out the lawful duties of her lelected

office.

I. Others Similarly Situated Are Not Prosecuted

The first prong of the selective or vindictive prosecution standard is easily satisfied in this

case, as "others who are similarly situated to the defendant are not generally prosecuted for

11

similar [alleged] conduct." See Butler I, 533 A.2d at 109. Indeed, a Westlaw search reveals no reported decisions at all of Pennsylvania state court prosecutions for either leaks of grand jury information or violations of Pennsylvania's Criminal History Record Information Act (CURIA) for the past 25 years.t5 But while such prosecutions are virtually unheard of, leaks of grand jury information are not. Indeed, and as discussed below, there have been numerous recent leaks of grand jury information in Pennsylvania and, as far as the public record reveals, none of these other leaks has led to a grand jury investigation, much less to a criminal prosecution.

For example, during the grand jury investigation into Jerry Sandusky, the very charges against the defendant were posted to the state court website while they were still supposed to be secret.16 As mentioned earlier, the lead prosecutor on the Sandusky case was Frank Fina.

However, there is no indication in the public record that Fina or any other prosecutor cohvened an investigating grand jury to examine that leak, and no one has been criminally prosecuted for it. Similarly, during the "Bonusgate" scandal, a partial transcript of grand jury testimony was leaked to the Pittsburgh Post -Gazette.' Once again, there is no public indication that any investigation of this incident ever occurred and, once again, no one has been prosecuted for the leak.

Even the March 17, 2014 Philadelphia Inquirer article that, according to the Complaint in this case (August 6, 2015 Complaint, Affidavit of Probable Cause, at 2), served as the alleged

15 For instance, a search across the Westlaw database for all Pennsylvania criminal cases with "violat!" in the same sentence as "Criminal History Record Information Act" yields no lhits for actual prosecutions under CI-IRIA. 16 Sarah Ganim, "Attorney General to investigate early release of Sandusky charges as grand jury probe continues," The Patriot News, Nov. 5, 2011, hap:// www. pennlive.com/midstatc/index.ssf /2011/11 /agio investigate early releas-htm'I. 17 Tracie Mauriello and Dennis B. Roddy, " Stetler aide links firmer lawmaker to Bonusgate," Pittsburgh Post -Gazette, June 19, 2009, http://www.post- gazette.com /news / state /2009 /06/ 19 / Stetler- aide -I inks-former-lawmaker-to- Bonusgate/stories/2009061 901 80. 12 "motive" for Attorney General Kane to release grand jury information contained multiple leaked facts from the Tyron Ali grand jury investigation. For example, that article reports such potentially disparaging facts as: "[flour state lawmakers took money. ... State Rep. Ronald G.

Waters accepted multiple payments totaling $7,650; State Rep. Vanessa Brown took $4,000;

State Rep. Michelle Brownlee received $3,500; and State Rep. Louise Bishop took $1,5001, said people with knowledge of the investigation. "18 Fina supervised the Ali investigation, but there is no evidence that he brought these leaks to the attention of a supervising judge in an effort to start an investigation and prosecution, as he did here. And, again in contrast to the treatment of

Attorney General Kane in this case, no one has been prosecuted for the Ali leaks. i

In short, although there have been leaks of grand jury information in other recent, high- profile cases, only Attorney General Kane has been prosecuted. Even when there were grand jury leaks in two of Fina's own cases, there is no evidence that he ever referred those leaks to a supervising judge or recommended a criminal investigation. Among similarly sil,uated individuals, Attorney General Kane stands alone.

H. Attorney General Kane Has Been Intentionally and Purposefully Singled Out for Prosecution for an Invidious Reason

The second prong of the selective or vindictive prosecution standard is also satisfied in this case, as the evidence strongly supports the inference that Attorney General Kane was intentionally and purposefully singled out for investigation and prosecution for an invidious reason. In particular, the timing and circumstances of Fina's and Costanzo's actions, and Fina's statements, all suggest that these Assistant District Attorneys targeted Attorney General Kane because she had openly and publicly criticized their work on the Sandusky and Tyron Ali cases,

'Angela Couloumbis and Craig R. McCoy, "Kane shut down sting that snared Phila. Officials," Philadelphia Inquirer, Mar. 17, 2014, http:I /ìrticles.philly.com /2014 -03-

1 7/news/48269239 l investigation- kanc -ali. 13 and because she had made public statements and taken actions reflecting poorly on their professional accomplishments and reputation. In effect, she was targeted because sh'e had exercised her lawful duties as Attorney General and her First Amendment rights to make public statements about Fina's performance.

An individual has a constitutionally protected right to hold elected office and to carlry out the lawful duties of that office. See, e.g., Snyder v. Bender, No. 1.09 -CV -0927 (YPK), 2010 WL

1

2103640, at *4 (M.D. Pa. May 25, 2010) (discussing First Amendment right to run for elected office and citing Flinn v. Gordon, 775 F.2d 1551, 1554 (11th Cir. 1985), for proposition that an individual has "a constitutional right to run for office and to hold office once elected" )I The lawful duties of Attorney General Kane's office include the review of past OAG prosecutions to determine if misconduct occurred (Sandusky), the decision to discontinue an investigation (Ali) and the communication to the public of the reasons for her decisions. Because the evidence points to the conclusion that ADA Fina initiated the criminal investigation of Attorney General

Kane because of his antagonism against her due to her exercise of these lawful rightts, the charges against her must be dismissed.

The Superior Court's decision in Butler I, 533 A.2d at 108 -110, is instructive. In Butler, the defendant had been tried for prostitution three years prior. Id. at 105. At trial, she testified in her own defense. Id. When asked if she had ever been convicted of a crime, she answered that she had not. Id. She was acquitted. Id. Following her acquittal, she filed a civil action against a police detective and other government officials based on an allegedly coercive searc1. Id.

Shortly after her civil suit was filed, county officials "discovered" that the defendant did in fact have a prior conviction, and she was arrested and tried for perjury based on her allegedly false testimony at her prior trial. Id. at 106.

14

During the perjury trial, the detective who was the subject of the defendant's civil suit testified that he was in fact the person who had learned of her prior conviction and had reported it to the District Attorney's Office. Id. Out of the jury's presence, "he claimed that it was merely coincidence that this information came to his attention after the civil suit was filed" Id.

The court did not allow the defendant to develop this evidence at trial. Id.

On appeal, the Superior Court held that the trial court had erred in precluding evidence that was relevant to the issue of prosecutorial vindictiveness. Id. at 108. The Court noted that "it is unconstitutional for the government to prosecute an individual because the prosecutor hasa personal animus against the defendant." Id. at 108 -09 (citing United States v. DeMichael, 692

F.2d 1059, 1061 (7th Cir. 1982)). "Because it is constitutionally repugnant, selective prosecution constitutes a valid defense to a criminal charge_" Id. The Court added:

Though the vast majority of prosecutors are dedicated and able public servants who would never misuse their tremendous power, our legal system strives to

prevent even the occasional injustice. Thus, the defense of selective prosecution I provides a check upon the arbitrary exercise of governmental power. When all else has failed, an individual victimized by governmental wrath is still protected by judicial vigilance.

Id. at 110.

The Court held that the prosecution of the defendant for perjury had at least "a suspicious air." Id. at 109. The Court wrote:

In this case, Butler claims that Delaware County prosecuted her for perjury because of her civil suit which is based upon an allegedly unconstitutional search. Certainly, the proximity in time between the filing of the civil suit and Detective O'Leary's re- awakening of interest in Butler's case has a suspicious air. It is also suspicious that O'Leary mysteriously found a Justice Department report in Butler's file soon after she filed her civil suit.

Id. The Court further wrote:

It is arguably logical that the County re- investigated Butler and dredged up previously ignored information in retaliation for her lawsuit. The effect was then

15

to single out Butler. The purpose was to retaliate for her exercise of protected constitutional rights.

Id.

The Court concluded that the defendant's allegations "made out a prima facie cáise of selective prosecution" because she had "asserted both discriminatory effect and discrimiñiatory purpose." Id. The Superior Court held that because the defendant's claim of selective and vindictive prosecution had "arguable merit," the trial court "should have held an evideiiitiary hearing and given Butler an opportunity to present her defense." Id. at I 10.

As in Butler I, "the proximity in time" between, on the one hand, (a) Attorney General

Kane's public criticism of Fina's and Costanzo's work; (b) the "outrage" expressed bly the

Sandusky prosecutors and their threat that `If they come after us, we're coming out publicly;' (c)

Fina's op-ed piece (demonstrating his personal indignation about Kane's statements and actions in relation to the Tyron Ali case); and, on the other hand, Fina's and Costanzo's report to Judge

Carpenter of allegedly leaked grand jury documents, and Fina's supposition that it must have involved Attorney General Kane and OAG, "has a suspicious air," to say the least. See id.

Also "suspicious" is Fina's statement that he believed it was his "duty" to report a leak in this five- year -old closed case. (See Exhibit A at 4.) When sensitive grand jury information was leaked in the highly -publicized Sandusky case (on which Fina was the lead prosecutor), and again in the Tyron Ali case (on which Fina was also the lead prosecutor), he apparently felt no similar "duty," as there is no evidence that he ever referred those leaks to the supervising judge and, indeed, no one has been criminally charged for those disclosures.

In sum, the evidence indicates that, in response to harsh and ongoing criticism oil their

accomplishments, and concerned about the potential consequences of an emailprofessional review that would eventually disclose their pornographic emails and lead to calls for their

16 resignation, ADA Fina and ADA Costanzo singled out Attorney General Kane for investigation

and prosecution. Such selective and vindictive prosecution is unconstitutional, and, as a result,

the charges in this case should be quashed in their entirety. See Butler I, 533 A.2d at 109 -10

( "Because it is constitutionally repugnant," selective and vindictive prosecution constitutes valid

and complete defense to criminal charge).

CONCLUSION

For the foregoing reasons, the charges against Attorney General Kane must be dismissed

with prejudice. In the alternative, should the Commonwealth contest the factual bases of this

motion, an evidentiary hearing is required. See Butler I, 533 A.2d at 110.

Dated: New York, New York April 27, 2016 Winston & S awn LLP

Ger. d . Shargel, Esq. Seth C. Farber, Esq. Attorneys Pro Hoc Vice for Attorney General Kathleen G. Kane

Minora, Minora, Colbassani, Krowiak, Mattioli & Munley

Amil M. Minora, Esq. Attorney for Attorney General Kathleen G. Kane Attorney ID: 22703

17

Ir i

CONFERENCE HELD IN CHAMBER

NCNDAY, MAY 12, 2014

9:30 A.M.

000915

2 (The following conference was

3 held in the judicial chambers with the Court, Marc

4 Costanzo, Esquire, and Frank Fina, Esquire, beì1ig

5 present:)

6

7 MR. COSTANZO: T am Marc

8 Costanzo. I'm currently an Assistant District

9 Attorney in Philadelphia County, formally a Deplty

10 Attorney General for the Commonwealth of Pennsylvania.

11 MR. FINA: Frank Fina, al;3o

12 currently an Assistant District Attorney in

13 Philadelphia County and formally Chief Deputy At.torney

14 General with the Office of Attorney General.

15 Your Honor, we are present;:,

16 unfortunately I don't remember the notice number or

17 even the grand jury, but it is regarding a matter that

18 was under investigation in 2009 before the grand jury

19 that was then sitting in Norristown, Pennsylvania.

20 What has brought us here today

21 is phone calls that both Mr. Costanzo and ï received

22 last Wednesday from a reporter named Christopher

23 Brennan with the Philadelphia Daily News. He gilled

24 us separately. We later determined, in talking to a who had been 25 . for mr co- worker of ours, William Davis,

000916

2 a Deputy Attorney General also in 2009 with thE: Offic e

3 of Attorney General, that he had also been called by

4 Christopher Brennan.

I 5 I'll speak about the call,_ had

6 with Mr. Brennan and let Mr. Costanzo talk about his

7 phone call.

8 I had been in court Wednesday.

9 When I returned from court sometime after 4:00 I

` 10 checked my messages in my office in the Philad(!plphia

11 District Attorney's Office and there was a message on

12 there from a reporter who I have never spoken 1_0

I

el"1 13 before and have no familiarity with. He says }iris name

14 is Christopher Brennan with the Philadelphia Dj.3ily

15 News, and he left on the message that he was calling

16 about a specific document that he had in his

17 possession regarding Jerome Mondesire, who had been

18 for many, many years the head of the NAACP in

19 Philadelphia, Your Honor. He left his number and sai d

20 that he needed to talk to me about this matter.

21 It's not my standard habit to

22 call reporters back, but in this case, having some

23 recollection of the investigation in which

24 Mr. Mondesire's name had appeared, and knowing that

25 nothing regarding Mr. Mondesire in that investigation

0 000917

("""'N 2 had ever been made public or been released from the

3 ambit of grand jury secrecy, I did call Mr. Brennan

4 back at approximately 5:00, 5:15 on Wednesday.

5 He relayed to me that helhad a

6 2009 e -mail which contained, either as an attachment

7 or as part of the text -- that wasn't clear to me,

8 Your Honor -- a four to five page memorandum detailing

9 extensively the grand jury investigation that had been

10 conducted up to that point by Mr. Davis, and

11 Mr. Costanza had also been a part of that

12 investigation. He actually read to me portions of the

/41-1. 13 document. It detailed extensively an investigation

14 that had been conducted into a nonprofit in

15 Philadelphia County that had been run by a woman named

16 Harriet Garrett. Miss Garrett had subsequently been

17 charged, Your Honor, as a result of that grandljury

18 investigation.

19 As part of that investigation,

20 in reviewing the financial records of the nonprofit

21 and some other evidence, Jerome Mondesire's name had

22 appeared as a result of some monies he had received

23 from that nonprofit. And there was, again, detailed

24 information in that memorandum about Mr. Mondesire,

25 his relationship with the nonprofit, and questions

000918 2 that had been raised regarding the legality of his

3 conduct in taking money from the nonprofit.

4 I asked Mr. Brennan specifically

5 if he had this document in his possession. He said he

6 did. I asked him what was the form? He said it was

7 an e -mail. I asked him who was on the e -mail i n terms

8 of recipients and senders. He said it was an e -mail

9 only between myself it was an e -mail received by me

10 from Mr. Davis, and Mr. Costanzo was c.c.'d, and that

11 nobody else appeared on this e -mail.

12 I then instructed Mr. Brennan

13 that there was a significant problem with his

14 possession of the e -mail. I said to him that I was

15 not going to give him an opinion as to the legality of

16 his situation possessing the e -mail, but that I could

17 assure him that the individual who had provided him

18 with this e -mail in all likelihood had committed a

19 crime, possibly even a felony. That this was grand

20 jury information. It is subject to the strictures of

21 secrecy under the Grand Jury Act and the Rules of

22 Criminal Procedure and rather extensive case law.

23 I told him that I believed it

24 was my duty to report this, that he was in possession

25 of this. He said he understood. He seemed to become

000919

2 a little bit nervous. He mentioned to me something

3 about the case agent on the case, who was an

4 individual named Michael Miletto. He said, Well,

5 Mr. Miletto has already been questioned about this by

6 the Office of Attorney General. I said, Questioned

7 about what? He said questioned about this case and

8 what happened with Mondesire, and everybody wan s to

9 know why Mondesire wasn't charged, he said some hing

10 to that effect. And I said, This again I'm not going

11 to confirm or deny anything in regards to this.Í It's

12 grand jury information and I will need to report it.

13 Subsequent to that I spoke to

14 Mr. Costanzo and Mr. Davis about this, who had also

15 ended up talking to Mr. Brennan.

16 1 have no hesitation, Your

17 Honor, going under oath or expressing in any manner

18 that I did not disclose this document. I do not have

19 possession of this document. I have not seen this

20 document since 2009. I will also just state, Your

21 Honor, that in my personal opinion it's not possible

22 that Mr. Costanzo or Mr. Davis would disclose this

23 document, either.

24 THE COURT: Did you report= it

25 anywhere other than here?

000920 2 MR. FINA: I have not, Your

3 Honor; other than I did tell the District Attorney of

4 Philadelphia County that I would be reporting it here

5 because I felt that was the prudent thing to doL

6 MR. COSTANZO: Your Honor, I had

7 a brief conversation with Mr. Brennan. I actually

picked up the phone, it was earlier in the afternoon

9 on the same day, probably closer to 3:00 or 3:30. He

10 identified himself as Chris Brennan, and I think

11 that's the name he uses when he does a column. I've

12 heard of him. I may have spoken to him over th;e many

/4-°1 13 years of my career. I can't remember specifically

14 ever doing so.

15 He identified himself. told

16 me that he wanted to speak to me about a case that I

17 may have been involved with and he had some questions

18 about an e -mail that he possessed, and specifically he

19 wanted to know why Jerome Mondesire was not charged in

20 a particular case and what happened with a particular

21 case.

22 I quickly was alerted to iny

23' recollection of the case. Frankly, Your Honor,

24. hetiause there have been recent allegations about

25 Mr. Mondesire in the newspapers, where there has been

000921

2 a very open civil war in the NAACP in the Philadelphie

3 branch, where several older board members have }made

4 accusations against Mr. Mondesire to the point where

5 they, I think, filed suit. They are represented by ar

6 attorney whose last name is Egan; I can't remember hip

7 first name. I know that Mr. Egan sent letters both tc

8 the District Attorney of Philadelphia County and to

9 the Attorney General, probably in the last couple

10 months, alerting both law enforcement entities Of

11 possible misuse of funds at the NAACP by Mr. Mondesire

12 and requesting some sort of inquiry. I was aware that

13 that request was in our office in Philadelphia (':ounty.

14 So I quickly was very familiar with my recollection of

15 the case.

16. I was not the assigned attorney.

17 I was the senior attorney in the Norristown office.

18 Mr. Davis worked with me. Mr. Davis was assign0 that

19 investigation. It did lead to charges against Harriet

20 Garrett and her daughter for perjury.

21 THE COURT: Is anything pending?

22 Is that case now closed?

23 MR. COSTANZO: That underlying

24 prosecution is closed and the actual case file in the

25 office was closed before my departure. I departed in

000922

,. 2 January of 2013. I've had no contact with the (case.

3 Frankly, I was c.c.'d on the

4 e -mail. The three of us were aware of the e- mail,

5 because basically the three of us spoke on the

6 telephone about the current status of the case and

7 various information that was coming out in grand jury

8 And it was Mr. Fina's suggestion to me and Mr. Davis

9 that he put a status summary together and send it to

10 him in Harrisburg so he could do whatever he felt was

11 appropriate with that information. I was c.c.'dd

12 because technically I was between the two in the chair. e""t. 13 of the command. So this was not an e -mail basiCally

14. alerting Mr. Fina to something he didn't know. It was

15 something we had all already spoken about, and ¡this

16 was at the request of Mr. Fina to put it in the form

17 of a written document so that he would have it in hand

18 in Harrisburg.

19 So I had a recollection that

20 some sort of notice went up to Harrisburg. I didn't

21 remember if was an e-mail or a memo. I didn't

22 necessarily remember the contents of it, but I know

23 that it was a status memo.

24 According to Mr. Brennan, he

25 said it was four or so pages long. The first half had

000923

2 to do with information about Miss Garrett. The second

3 half had to do with information with regard to

4 Mr. Mondesire. I told him very quickly, I said,

5 That's grand jury information. It's not something I

6 can talk to or anybody else can speak to. He said,

7 Well, I understand it's a closed case. Can't ybu talk

8 about it now? And I said, No; the grand jury se=crecy

9 provisions provide for secrecy in perpetuity. 3o it

10 doesn't matter if the case is open or closed, it's not

11 something we can ever comment on, and frankly, :it's

12 not something you should probably be possessing, I

13 said, I don't know how you got it, but you shoudn't

14 have it and it may be illegal for you to have received

15 it from somebody. So I left it at that.

16 I later heard in the afternoon

17 from Mr. Davis that he had received a similar dill.

18 He gave a similar response that it was not something

19 he could speak about, that it was grand jury, arid left

20 it at that.

21 I spoke later Friday night with

22 Mr. Davis, of last week, after we sent the letter to

23 Your Honor and Your Honor set up a meeting with ';me for

24 today, and I asked Mr. Davis if he was available to

25 come today so that he could go on the record as well.

000924

2 He was interested in doing so. Unfortunately, he

3 wanted me to report to the Court that he is duelin

4 Media in Common Pleas Court. He is there. He'd be

5 happy to address the Court in any way, shape orHform

6 in the future. He has told me that he's never had

possession of that e -mail and, of course, would never

8 have released it to anybody; doesn't know this

9 reporter and never spoke to him before.

10 Mr. Davis also indicated, if

11 need be, he would be available by telephone tod y if

12 Your Honor had any interest in hearing from him. And

13 that's my last contact with it, Your Honor.

14 THE COURT: All right then.

15 What are you requesting the Court do, if anythirlg?

16 MR. FINA: Your Honor, our

17 concern, our immediate concern, and it certainly

18 hasn't changed since last Wednesday, this is a

19. document that would not have been provided in

20 discovery in the prosecution of Miss Garrett or 'her

21 daughter. This is an internal document that, at least

22 to our minds, clearly contains grand jury information.

23 As in a great many

24 investigations we have conducted over the years,, we

25. encounter lots of information, some of it

000925 2 unfortunately unsavory about individuals who end up

3 not being charged. As this Court well knows, one of

4 the fundamental tenets of grand jury secrecy,

5 especially in an investigating grand jury as opposed

6 to an indicting grand jury, is that those matters if

7 not otherwise disclosed in furtherance of an

8 appropriate prosecution or grand jury report are to

9 remain sealed in perpetuity. Again, as this Court

10 well knows, the Rust Proof case is probably the

11 penultimate example of that.

12 This information about

13 Mr. Mondesire is information that would certainly

14 adversely affect his reputation if disclosed publicly,

15 and maybe worse, so we just felt it was important to

16 disclose it to the Court.

17 In the past -- and I'm not

18 trying to be presumptuous here, I'm just reciting

19 history -- in the past, when there have been potential

20 grand jury leaks, grand jury judges have conducted

21 under their authority as supervising judges, aslis

22 explained with some clarity, I think, in the court

23 order from the Chief Justice appointing the

24 supervising judge, the supervising judge has reàlly

25 absolute jurisdiction to look into any potential

000926..

2 breaches in secrecy and determine what, if anything,

3 happened and whether it is a criminal violationjof the

4 Grand Jury Act.

5 I have conducted some of these

6 reviews when I was in the Attorney General's Office on

7 behalf of different supervising judges. I did it for

8 Judge Garb. I also did it for Judge Feudale and a

9 judge in Pittsburgh once. Courts have handled it

10 differently, Your Honor. Judge Garb on one occasion

11 appointed an independent prosecutor, answerable only

12 to him, somebody from outside the A.G.'s Office, and

13 that person looked into an alleged secrecy breah.

14 That ended up resulting in an agent with the Office of

15 the Attorney General being identified as the brach

16 some years later, and that person was actually

17 prosecuted for it and went to jail.

18 I'm not suggesting -- I dOn't

19 know what happened here, Your Honor, but I do ktiiow

20 from everything that I'm aware of is this docum nt

21 contained grand jury information. This document, as

22 far as I'm aware, only existed on a historical

23 database somewhere in the Attorney General's Office.

24 Who is looking through those historical a -mails I am

25 not aware specifically, but it has now apparently been

000927

2 handed out to the media.

3 THE COURT: And you have, not

4 contacted the Attorney General about this, I t.'rust?

5 MR. FINA: I have not, Y7ur

6 Honor.

7 THE COURT: What is the

8 reasoning, if you don't mind?

9 MR. FINA: Because I'm ni)t sure a 10 who may be involved in this disclosure, Your H Dnor..

11 I'm anxious not to mix aiDples

12 and oranges. I know we are certainly feeling :Like a

13 couple of ten -point bucks in the first week of deer

14 season lately. I have reason to understand that the r 15 Office of Attorney General has been looking through 16 historical e- mails, particularly my e- mails. So I

17 don't know where this document was released from, Your

18 Honor.

Z9 THE COURT: Anything further?

20 MR. COSTANZO: I have nothing,

21 Your Honor. ..

22 THE COURT: I'm wonderinc¡ if I

. 'I 23 should have this transcribed under seal and reviewed

24 by Mr. Jim Baker of the Attorney General's Office. Do

25 you have any thoughts there? He's in charge of the

000928.

2 grand jury, as I understand it.

3 MR. FINA: Yes, Your Honor. Mr

4 Barker was actually put in that position while I was

5 with the office.

6 THE COURT: Or do you think thi s

7 is the Garb situation?

MR. FINA; Your Honor, I don't

9 know. I think that it would be a safe assumption tha t

10 if you were to disclose this to Mr. Barker, he would

11 have an obligation to disclose it to his command. I

12 think that is just a situation you would have to bear e"" 13 in mind,

14 I'm not in any way questioning

15 Mr. Barker's integrity.

16 THE COURT: Right. I understand

17 that.

18 MR. FINA: I would be shocked

19 beyond question --

20 THE COURT: What you are saying

21 is, it would appear, without any firm basis for

22 knowledge, that it probably was leaked from wit hin th

23 Attorney General's Office. That is what you wo uld

24 suspect.

25 MR. FINA: Your Honor, again I

p492s

f1 2 don't see any other reasonable explanation at 1l:his

3 time.

4 THE COURT: Because it wásn't i n

5 discovery. It wasn't otherwise disclosed in tile

6 prosecution. And your shaking your head yes? i

7 MR. FINA: Yes, Your Honor.

8 This was an entirely internal

9 memo that I don't know at the end of the day whether

10 there were even a sum total of five people who,may

11 have laid eyes on it. I would have showed -- and I

12 don't have a specific recollection of this --- ¡out in /\ 1 13 normal practices, when I would ask for a memo like

14 this, it would be because I would show it to mr

15 supervisor, who was Richard Sheetz. Again, Yoúzr

16 Honor, Richard Sheetz does not have copies of these.

17 THE COURT: And the timing of

18 where we are with all of this is, I don't even.

19 remember the name of the controversy that the Inquire r

20 has been exploring between Attorney General Karde and

21 the uncharged people in Philadelphia.

22 what would you call that,

23 investigation? You were in charge of it.

24 MR. FINA: It was called'The

25 Undercover Lobbyist Investigation, was the formal

000930

2 title in the Attorney General's Office.

3 THE COURT: That still

4 churning, so to speak. Isn't it in the news t8 some

5 extent?

6 MR. FINA: It is, Your Honor.

7 And that's what I was referring to earlier when I said

8 apples and oranges.

9 THE COURT: And Sandusky is

10 still churning to some extent.

11 MR. FINA: Unfortunately.!

12 THE COURT: Do you think that

13 some aspect of what we are talking about is goiJng to

14 end up in the newspapers in the near future? Iis that

15 your sense from talking with that reporter?

16 MR. COSTANZO: That's an

17 interesting question, Your Honor. I know Mr. Fina,

18 more than I, but we both got the impression that

i 19 Brennan was about to go with the story. And I ithink

20 he specifically said that to Mr. Fina, but I.thlink

21 during the conversation with Mr. Fina he seemed to ge:

22 a little nervous and said that he needed to bring this

23 to the attention of his editors. Now it's been

24 several days and there's been no --

25 THE COURT: Because you both

000931

2 cautioned him that it was grand jury material alnd

3 possibly a problem.

4 MR. FINA: We are hoping,I Your

5 Honor, that has caused them considerable pause and

6 will prevent them from running a story on this;¡

7 although, investing -in the good will of the media is a

8 rather risky venture. But to date there has been no

9 story.

10 And again, Your Honor, to be

11 totally candid, it is profoundly my deepest hope, and

12 I know Mr. Costanzo's as well, that there is some

13 rational explanation for this and that this is not

14 part of an act of vengeance or an act of criminality

15 by anybody in the Office of the Attorney General.

16 I'm really not just saying this

17 We have the deepest fondness for that office as an

18 entity and have not sought conflict at any point with

19 that office or its members. Now, when the sword gets

20 drawn, we fight back. But this is not part of that it

21 any way, shape or form. And I hope, indeed, it's not

22 part of it from the other side as well, but the facts

23 as they currently appear to us don't add up

24 particularly well in terms of where this information

25 must have come from. It seems to me that it had to

ODD932

(4'41 2 come from the Office of the Attorney General, based on

3 what I know at this time. Now who and why, I don't

4 know, Your Honor.

5 THE COURT: All right. Anything

further?

7 MR. COSTANZO: No, sir.

8 MR. FINA: No, sir.

9 THE COURT: Thank you very much

10 MR. COSTANZO: Thank you,1 Your

11 Honor. We appreciate your time.

12 THE COURT: This matter is

13 sealed.

14

15 (At 10:00 a.m., the conférence

16 is concluded.)

17

18

19

20

21

22

23

24

25

000933

C E R T I F I C A T I O N

I hereby certify that the proceedings and evidence are contained fully and accurately in the notes taken by me in the above cause and that this is a correct transcript of the saine.

MEGAN McCARTIN, R.P.R. Official Court Reporter;

000934

flECEVrvg

1 A pt 9^l j DISTRICT ATTORNEY'S OFFICE v ,1 THREE SOUTH PENN SQUARE PHILADELPHIA, PENNSYLVANIA 19107 -3499 BY:--- (215) 686 -8000

R. SETH WILLIAMS DISTRICT ATTORNEY

May 8, 2014

Honorable William R. Carpenter Supervising Judge Statewide Grand Jury Montgomery County Courthouse 2 East Airy Street Norristown, PA 19404

Via fax (610) -278 -5192 and U.S. Mail

RE: Grand Jury Information

DearJudge.Carpenter:

We are providing this correspondence to report the release of Grand Jury.informatíon. Yesterday, the undersigned were separately contacted by an individual who represented himself as Chris Brennan, "a reporter with the Philadelphia Daily News". He stated that he was in possession of a 2009 email between Frank Fina, Marc Còstanzo and Wiiliarn Davis. At the time, Frank Fina was Chief Deputy Attorney General for the Criminal Prosecutions section of the Attorney General's Ofñce:and Marc Costanzo and William Davis were prosecutors in that section. The email contained a lengthy review of the evidence and testimony froma Statewide Grand Jury investigation being conducted at the time. As part of that investigation, .information derived from the Grand Jury- about a certain prominent individual who was never charged - was detailed in this internal email. We are hesitant tò detail.thi!; information in a corresporidèrice but will.gladly do so in person. We can represent to the Court that the email contained extensive evidence and information that clearly fall within the ambit of Grand Jury secrecy. The reporter stated that he had a copy of the email and he.even recited from it when questioned:about the contents. The reporter also stated that the email was only between Fina, Davis and Cóstanzo. We can assure the Court that none of us disclosed this email.

We were subsequently called by William Davis, now in private practice in Delaware County, ivho Id relayed that he too had been called by Brennan about this email. Àll three of us, separately, informer Brennan that he possessed secret -Grand Jury information and that whoever gave.it to him had likely, committed a serious crime_ We are also certain that, as individuals who continue to be sworn to secrecy before the Grand. Jury in question, we have an obligation to disclose this apparent breach of secrecy to the current Supervising Judge.

000912

We are available, at the Court's discretion, to provide further details and answer any questicIms regarding this matter. We would prefer to do so on the record in camera, but obviously defer to the Court in this regard.

Thank you for your attention to this matter.

Sincerely,

1444.r_crzt;---

E. Marc Costanzo Chief Assistant District Attome

Frank G. Fina Assistant District Attorney

Ca Edward McCann First Assistant District Attorney, Philadelphia District Attorney's Office

William Davis, Esquire

000913 nncl, SIO DISTRICT ATTORNEY'S OFFICE THREE SOUTH PENN SQUARE 4 ' z % PH1LADELPHiA, PENNSYLVANIA 19107-3499 ray inal.,a;r5

C2 1 $ 00,480 `2111*-A MAILED FROM 'ZIP CODE 21 0.1 E o

Honorable William R. Carpenter Supervising judge Statewide Grand Jury 2 East Airy Street R6 BoL311 Norristown, PA 19404

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, PENNSYLVANIA

IN RE; /A13 I '42.-I - .Z of . TI-IE.STATEWIDE 4 : MONTGOMERY COUNTY COMMON PI.IEAS INVESTIGATING GRAND JURIES

: In Re: Powers.and Responsibilities of : Special Prosecutor Exercising Extraordinary Jurisdiction; on Allegations that Secret Grand Jury or Related Information vas Unlawfully and /or Negligently : Accessed/Released/Compromised

SEALING ORDER.

AND NOW, this 29th day of May, 2014; it is hereby ORDERED, that the áittached

Order of May 29, 2014 be filed under seal. with the Clerk of Courts of Montgomery

County until further Order of this Court.

BY THE COURT:

OAR WILLIAM R. CARP TER, J. Supervising Judge

True and correct Copy Certified from the record This Day of !`1i AL). 20

Cl ï óf Cc arts P

IN THE COURT OF COMMON PLEAS MONTGOMERY COUNTY, PENNSYLVANIA

IN RE:

THE STATEWIDE : MONTGOMERY COUNTY COMMON PLEAS INVESTIGATING GRAND JURIES .

: In Re: Powers and Responsibilities of : Special Prosecutor Exercising : Extraordinary Jurisdiction; on Allegations that : Secret Grand Jury or Related Information was : Unlawfully and /or Negligently Accessed/Released /Compromised

ORDER

i AND NOW, this 29th day of May, 2014, after "preliminary investigation "; this

court in its capacity as Supervising Judge of the 35'h Statewide Investigating Grand Jury,

finds there are reasonable grounds to believe a further more substantive investigation is

warranted into allegations that statewide Grand Jury secrecy may have been compromised:

It is therefore ORDERED and DIRECTED by this Court in accordance with the authority vested in it by the 1078 Pennsylvania Investigating Grand Jury Act of 1978, 42 Pa. C.S. §

4541, et seq. and the procedural rules that followed (Pa.R.Crim.P 220, et seq.) as well as relevant case law; that THOMAS E. CARLUCCIO, ESQUIRE, be and is hereby appointed Special Prosecutor with full power, independent authority and jurisdicition to investigate and prosecute to the maximum extent authorized by law any offenses related to any alleged illegal disclosure of information protected by the law and /or intentional 'and /or

negligent violations and rules of Grand Jury secrecy as to a former Statewide Investigating

Grand Jury, such as; .

1. 42 Pa. C.S. § 4549(b) Disclosure of proceedings by participants other than

`'°witnesses... "all such persons shall be sworn t«secrecy, and shall be in contempt

of court if they disclose/reveal any information which they are sworn to keep

secret."

2. 18 Pa. C.S. § 5101 Obstructing administration of law or other governmental

function - "a person commits a misdemeanor of the second degree if he

intentionally obstructs, impairs or perverts the administration of law or other

Í governmental function by force, violence, physical interference or obstacle,

breach of official duty.

3. Any other applicable offense.

It is FURTHER ORDERED by the Court that the Special Prosecutor:

1. Shall use any appropriate currently empaneled Grand Jury to investigeite any

alleged or suspected violations of secrecy or concomitant crimes related toIsuch.

2. Shall have the right to request an application for an immunity order from the

Attorney General.

3.. Shall have the right to employ all appropriate resources including a minirritum of

one investigator and if necessary, one support staff. o

4. Shall have day -to -day independence and will be free to structure the

investigation as he wishes and to exercise independent prosecutorial discretion

whether, which and when any potential witness should be brought before the

Grand Jùíÿ. and/or whether,: which and when chargers _ should be brought,

including contempt of court.

5. Shall be permitted, while serving as Special Prosecutor, to consult with ¡past and

present members of the Office of Attorney General and take such action as is

necessary to ensure that matters he is investigating and/or prosecuting in his role

as Special Prosecutor are brought to a successful conclusion, so long as such

consultation/action does not present a conflict of interest with his duties as

Special Prosecutor and/or violate the secrecy oath.

6. Shall be empowered to respond to interference with his investigation by also

having authority to investigate and prosecute crimes committed in the coi.rrse of,

and with the intent to interfere with the Special Prosecution's investigation such

as Perjury, Intimidation of witnesses and other Applicable and relevant violations

of the law.

7. Shall comply with all relevant statutory and case Iaw as well as all applicable

canons of ethics.

8. Shall be_ removed from the-position of Special Prosecutor only by the poi;rsonal

action of the Grand Jury Judge and /or the Pa Supreme Court. 9. Shall be appointed for a period not to exceed six months from today, utl.11ess the

Special Prosecutor makes a written request to the Court for an extension setting

forth the reasons for the extension.

10.The Special Prosecútrsr shall be compensated at the rate of $6S_00` nhour to be

paid by the Commonwealth of Pennsylvania. The investigator /support staff

chosen by the Special Prosecutor shall be compensated at the rate of $2;0.00 an

hour. All those seeking compensation shall keep detailed records of time and

services rendered. All shall provide the Supervising Grand Jury Judgé with a

monthly accounting of time/services rendered.

11.Shall provide the Supervising Grand Jury Judge with periodic summaries, of any

progress.

12.Submit a report addressed to the Pennsylvania Supreme Court, and the

Supervising Grand Jury Judge, setting forth any findings and recommendations

on any proposed statutory, rulemaking or recommended practices than would

preserve the critical requirement of secrecy in Grand Jury proceedings as iwell as

insuring the rights of defendants to a fair trial and maintaining the integrity of

our Grand Juries.

BY THE COURT: 144g WILLIAM R. CARPEN 'R, J. Supët-vising.... Judge

Copies sent. on May 29, 2014 By First Class Mail to: Chief Justice Ronald D. Castille Pennsylvania Attorney General Kathleen G. Kane Thomas E. Carluccio; Esquire

CERTIFICATE OF SERVICE

I hereby certify that I am this day serving Attorney General Kathleen G. Kane's Moition to Quash Based on Selective and Vindictive Prosecution upon the persons and in the manner indicated below. The manner of service satisfies the requirements of Pa.R.Crim.P. 575.

Service by hand: Thomas McGoldrick (610) 278 -3126 Chief, Trials Division Montgomery County District Attorney's Office P.O. Box 311 Norristown, PA 19404 TMc Go ldr@montcopa. org 7 rn.: (Attorney for the Commonwealth) I . v+ Dated; New York, New York .c- ' April 27, 2016 .

Jean Gilbert Leonidas Docket Clerk Winston & Strawn LLP 200 Park Ave.

New York, NY 1 0166 (212) 294 -5349