Tuesday, December 18, 2007

Racially Motivated Parking Summons Dismissed by New Providence Judge


Hon. Judge Donald Bogosian, Municipal Judge, New Providence, NJ. 9-15-5 (10.15 P.M.


Honorable Judge Donald Bogosian dismissed the racially motivated Summons # K-047616 against the ill-conceived, ill-motivated, illegal opposition/ protests & misrepresentation of Public Prosecutor Robert Thelander appearing on behalf of the corrupt/communal Springfield Police Chief/Officer. I was representing myself on my own. Honorable Judge upheld my rights to my defense and he further stated that I am entitled to the information requested from the Springfield Police.

Hon. Judge: Mr. Makkar do you feel you have been singled out?

Makkar: Yes Sir.

Hon. Judge: To the Prosecutor Thelander why I was not provided with the Specific information requested on Aug. 30,2005?

Prosecutor: He asked for carte blanche things and that was turned by you. Well the only one I got here was the one that was on Sep. 12th which is what, 3 days ago and here we are at trial. (he had replied to 8-30-05 request)

Judge: I am talking about the letter he wrote to the chief of police on Aug. 30th requesting information from the police department. And what the court had denied is a number of Subpoenas. Clearly from the tenor of the defendant’s letters back and forth, it appears that he believes that there was selective enforcement. Am I correct Sir (To Makkar)?

Makkar: Yes, Sir.

Judge: Since the defendant has raised the issue of selective enforcement and since I think it is important that he have the information available to him, that since it wasn’t provided and I have no reasonable explanation as to why it wasn’t provided, the court is strongly considering to dismiss the summons. The court did not deny his right to receive certain information to prepare his defense of the ticket. As a result court is dismissing the Complaint.

As per the Court Transcript received 10-18-05

INFORMATION REQUESTED ON AUG. 30, 05 from S.P.D. were responded by Mr. Thelander by saying, “I will not supply you with the Summons requested in # 1, 2 & 3 of your 8-29-05 letter requested as they do not appear to be relevant or material to the pending parking ticket.” Sep. 12th was a reminder. He lied in court.
Aug. 30, 2005
Ms. Macrina Carra, Ct. Adm.
New Providence Municipal Court
360 Elkwood Ave.
New Providence, New Jersey 07974
Fax: 908 665 9873

Re: Springfield Twp. transfer case Racially Motivated Summons # K-047616, Request for new trial date and some records from the Springfield Police Department.

Dear Ms. Carra:

Respectfully I would like to submit that I am the Manager of a Check Cashing Store in Irvington. I am the only male member in this store. Thursdays and Fridays are our very busy days and we close at 8.00 P.M. After that I do need 30-40 minutes to reconcile cash. On both these days we do carry substantial amount of cash on premises.

The trial date Sep. 29, 2005 is a Thursday that can create security risk for the business as well as for the female staff working at the store. If it is at all possible for the Honorable Court to grant me a new date for any other day of the week except Thursday and Friday, I will be highly obliged.

Further I request the Honorable Court to call for the following documents from the Springfield Police Department and copies of the same should also be provided to me well in advance of the appointed Court Date:
1. Number of summons issued under 2 –6 A.M. (7-14) for the year 2004 on Ashwood Rd. and Statile Ct. (Please note Statile Ct. is a cul-de-sac facing my property on Ashwood Rd.

2. Number of summons issued under 2-6 A.M. (7-14) for the period Jan. 1, 2005 to June 30, 2005 on Ashwood Rd. and Statile Ct.

3. Copies of all summons issued under 2-6 A.M. (7-14) for the period July 1, 2005 to Aug. 28, 2005 on Ashwood Rd. and Statile Ct.

Thank you for your anticipated help in this matter.

Very truly yours,

Devendra Makkar.

cc: Ms. Agudosi, Head of Biased Crimes, A.G. Office, Trenton. Fax: 609 219 6595

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