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2017 09-26 - affidavit (canady) m

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Affidavit from inmate that prosecutors purportedly coerced into causing bodily harm to Steven Canady in the form of a head injury in exchange for a reduction of the inmate’s sentence

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2017 09-26 - affidavit (canady) m

  1. 1. AFFIDAVIT OF MELVIN CDTTDN I make these statements voluntarily and of my oun free uill and that they are true and factual to the best of my knouiledge. On 10-12-2016 at around 11:00 a.m. in Brooklyn Supreme Court bullpen, I uas approached by an individual uho claimed he re presented the Manhattan's prosecutor's office. He uias a uhite Caucasian male about 6'1 or 6'2 around 175 lbs. uith grey eyes, 1 slim. He mentioned his name but unfortunately I" don't recalV it. He then informed me that he uias familiar uith my case, being that as part of my plea deal uith the Brooklyn District Attorney I ha had to speak truthfully to all other agencies that took an inter est in my case. So I assumed that he uias here to offer me some kind of deal. Hou he kneu of my plea deal I do not knoui, but he proposed that he had a better offer than the one that I agreed to uiith the Brooklyn District Attorney Gavin Miles, in exchange for a small accomodation. Uhen I asked uhat he meant? , he then ask ed me 'Did I knoui a individual by the name of Steven Canady?' to uihich I replied "Yes I do as a matter of fact he sleeps right ne xt to me." On Rikers Island. He then broke off this line of ques- ioning and started on my criminal history with a emphasis on my violent felonies. He stated that from looking at my criminal his tory, 'That I have no problem hurting people, it seems to be your M.O.". One again I asked him, "What uias his point? He then inf ormed me that once I completed my state sentence that I agreed to in Brooklyn, that the Manhattan office could just possibly pick-up it's case because it uias later determined, that someone had gotten injured during the commission of that crime. He then stated that if I uias to help them uiith a little problem then he uas authorized to make that case go auiay, being that I could have been possibly facing a life sentence, if convicted. So I asked his "What kind of deal, uihere you talking about?", He stated flat out that Mr. Canady needs to suffer a severe head injury , in exchange for this, our office will recommend in stead of the 10 flat that you agreed to, ue uiill recommend 6
  2. 2. flat yith 3 post if you agreed to take care of Mr. Canady. I asked hoy yould he knoy and gave me his card and left. To sup port this affidavit is a copy of the incident report that is lodged against me concerning Mr. Steven Canady. Melvin Cotton September 26, 2Q17 Frederick liJ. Ford, Notary Public N0.01FD^973371 QUALIFIED IN BRONX COUNTY COMM. EXP. 10/22/18
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  4. 4. S7AKt> flip LOOi^iiOii M m ttinmL UMIffn'fl //-ff AiO fMietiTiiTHie7i^fi WoP/fSr Wfff' nsfVous. fi.OiMf X Wn."mfi7m$ m Ponif- Hf W7N Wcififd hffppy Difce X CPPifM uiswfJ' mfM WM7XPeKfb%jP •Jp fP¥1ipepfiPpJfM jFFit^ miD 'ffsMsfpftmVeii' milDrieehiNebMftiMfbPp pap Mie'p/SM&)DuMb Wf PdWlf/d/U of Wl.ClMe.Mt WfC wmp fMAf /?X MS l.bJ-1-tlP YPfF WifH MMtiePldBlFMI 7hFil ti£.WAlimMM£P fbHPiM YHAf CAbP ' 6k PPA6 3fm-rpA7X'' CbU)PPMX ipfM ■L '^'''""' MfCtPpiTep J.D.l. ASMtPMMSW.Mfll tlUO hf affiL WfMie u.Mmnk¥iiBM7S We srmo FiMf lui l6A7.WaiC&PM.N.Ql)J Ib lUWeFJ 9fvm toAi.yjy2i^XM_atfciAM(]£,XQg rffis, Due bWW Mil iMSleftO. of WbjxbM.IHM I&j.Xf NiJjjl VCfOHVIffOO 6 VIA1 tott--X20irxfX(ou xs cjvee" CE MC- CJnUflD4, % xsffXMpFwouWTfe YftM z nWW wififif brpffii"' 'P/Vd (M aFP , «CM.tP Ml'PFFpyo'XptFPFf mtH^n X i&fYTfjmjpmwr' MpST WDfWMmiTMTcm UuJJjA /WO. 0iFO407337i O ^ QUAUFIGD IM BRONX.COUNTY- : -
  5. 5. > .' K- C,' " '.."P . .'i?? CORRECTION DEPARTMENT CITY OF NEW YORK REPORT AND NOTICE OFINFRACTION FORM:6S00A Rev. :08/04/15 Ref. :Dir.#5500R-C Infraclion it: Institution; O.B.C.C. Date of Incident: 12/27yi6 Inmate Name(l.ast,First): Cotton,Mclvill .Dcmion ofincident(Be Specific) Dorm 2 Lower dayroom Charge // 101.13 101.14"" lou'v"" Offense Assault with a weapon-walking cane Fighting with injury Fighting without injury ReportingOfTiciaJ(Print Nam^ Rank and Shield #): ~Knnt Nam^ Rank and ru ri"yg Time Infraction Written: 12/2016 B&c: 141-13-08098 Sentence if: Housing Area Location: 2LoWCf Date of Report: 12/20'16 NYSiD: 04770279-P Approximate Time Of Incident: 0948!houri Charge# 101.11 Offense Assaultwhen he orsheinjuriesany oth^r perso or throw any objector substance at any other person. Redo: g Official(Signature): y Details ofIncident(Include details affto How,When and Where Infraction was Committed): On December 20,2016 at approximately0948 hoursin dorm 2lower dayroom area,Officer Williams#5524 observed inmate Cotton,MelvinB&C#141-13-08098/NYSID #04770279-? engaged in inmate oninmate'fight inmate Canady,Steven B&C#310-15-00685/NYSID #12664774^R. Upon review ofthe genetic video suiweill camera angel house_front-2inmate Cotton was observed taking his walking cane striking inmate Canady s approximately(2)two timesto his upper body andfacial area. Inmate Cottonthenstruckinmate Canady multi limes with aclosedfist whilesimultaneously holding his walking canein his hand. Both inmatesseparated. TI probe team arrive and escorted inmate Cotton and Canadyoutofthe area. Inmate Cotton you are hereby being placed in PHD,Red ID and Enhanced Restraints status. withi ances^ le N- You are entitled to a hearing forthis infraction no soonerthan twenty-four(24)hours after you areserved with this Notice. Ifyou are a sentenced Inmate and you ttommit an infraction within twenty-four(24)hours prior to yourdischarge, and have notreached your maximum sentence expiration date,you may be served w th charj :s and held for a hearing. The Department will make every effort to hold this hearing within three(3)business days ofthe service ofthis Notice.This three(3)businr ss day period,excludes the day you.are seryed,weekends,holidays,days you go to court(whetherin person or via teleconference),days you are hospitalized or ata I ospital attending a clinic, days youMeave-the facility for an attorney interview, days you are unavailable because you are transfemed to another facility and days j )u are unavailable due to your absence from the facility for any purpose.The three(3)^business day periods is autoriiaticaliy extende'd by one(1)business day if i ju are transferred tb anotherfacility priorto your hearing(unless you are a Pre-Hearing Detention Inmate). Commencementofa hearing afterthree(3)business days ifl atthe discretion ofthe Adjudication Captain and is not barred by Department mles. At your hearing you have thefollowing riglits: ; ^ ^ ^ ^ ^ I Rightto appearpersonally,unless you waive yourrightto^pear,refuse to attend the hearing orappearatthehedring and becoitifc disruptive 2. Rightto makestatements.Ifyou choosetorem^nsilent,yoursilencecannot be used againstyou.Ifyou make astatementjsuchstatement cannotbe used in asubsequentcriminal trial unless you have been given a;Miranda Warning and the voluntarilytestily. 3. Right to present material evidence. 4. Right to present witnesses. 5. Right to the assistance ofa Hearing Facilitator. 6. Right to an interpreter ifyou cannotcommunicate wellenough in English. 7. Right to appeal. Within twenty-four hours of the Adjudication Captain reaching a decision of guilt>', you will receive a copy of the "NOTICE OF DISCIPLINARY HE DISi'OSniON"form informing you ofthe violation(s) you are found guilty of, the basis for that finding,the evidence relied upon and the penalty to be ■—~- follovving penalties are the maximum, which may be imposed individually or in any combination. Reprimand ' Loss ofall privileges * " - ' •' | Loss of all good time ifyou are a sentence inmate. Punitive segregation for up to thirty (30) days per each applicable individual"charge. * ' j Restitution for the Intentionally damaging or destroying City property. . , • •»<. « - ! A Twenty-five ($25) dollar disciplinary surcharge will be imposed on all inmates found-^ilty^ofa Grade I or Grade II offense. . . • ' . Yqu have the right to appeal an adverse decision rendered by the Adjudication Captain. J^ING imposH. The Interpreter Requested: □ Yes (Ifyes, include what language)_ i Icaring l-acilitator Requested: Q Yes □ No □ No Wiuicss (cs) Requested Witness (Print Name.)_ Wiine.ss (Print Name.) Witness (Print Name.) Witness (Print Name.) i eeriify that I received a copy of this Notice □ Yes (Ifyes. Include witness(es) Name, Book and Case Number (ifinmate) Or Shield/ID (ifstafQ and location (if inmate) or Post (ifstaff). B&C Number: □ No Location: B&C Number Location: B&C Number: Location Shield/ID Number: Signature of I Served by^ipt Name, Rank, Smeid #) JLnn«.3o^ ReTused (TrSign for Notice: I I Yes |/No Signatur Witness DISTRIBUTION: (SINGLE SIDED) COPY - NOTICE TO INMATE (DOUBLE SIDED WITH FORM 6500b) COPY TO FACILITY

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