Petrochelli Hearing

          A Petrochelli Hearing , or prior bad acts hearing as it’s also known, is held to determine whether or not past crimes will be introduced at trial.  Prior to this case, I had never been arrested or convicted of any crime. 

          Prior accusations that were dismissed and sealed or expunged not only don’t qualify as prior bad acts, they were ILLEGAL to have been mentioned at ANY time, due to them being sealed/expunged.  Judge Jackie Glass had even told A.D.A Tom Carroll “sealed means it’s as if it never happened and no one’s to talk about it.” 

          Tom Carroll’s motive and reasons for mentioning my sealed and expunged information at trial were clear.  He wanted to prejudice, mislead, and confuse the jury into believing I had committed a crime in the past in hopes that they would view me as a bad person and assume that I must have committed the crimes I was on trial for.  Tom Carroll knew he had a weak case against me and was willing to do anything to win a conviction.  This is just another clear example of his malicious prosecution and prosecutorial misconduct. 

          Sealed and expunged cases are not to be brought up by anyone for any reason.  That is why they are sealed or expunged in the first place.  Either the court or D.A dismissed the charges and agreed to the sealing or expunction.  They aren’t allowed to bring it up at a later date, and yet that is exactly what A.D.A Tom Carroll did and Judge Jackie Glass allowed.  They both willingly and knowingly violated the law.  This is just another clear example of prosecutorial misconduct and a malicious prosecution brought forth by the DA’s office and enabled by the illegal rulings of Judge Jackie Glass.  The Nevada Supreme Court had the opportunity to set things right, but showed their lack of integrity when they didn’t.  I am now counting on the Federal courts to do what the Nevada Justice System has lacked the integrity to do.  Rule according to the LAW. 

          This means that A.D.A Tom Carroll violated Pennsylvania law when he compelled Christina Butler to testify about my expunged PA case.  Judge Jackie Glass violated PA law when she permitted Christina Butler to testify. Christina Butler violated PA law when she testified.  Additionally, the local Las Vegas T.V. and newspaper media violated PA law when they reported information about my expunged PA case. 

          Here are some Nevada laws and case law that specifically prohibit the use of unproven allegations or even crimes to show the character of a person or to prejudice, confuse, or mislead the jury. 

NRS 48.045 states:

          Evidence is not admissible if its probative value is substantially outweighed by the danger of unfair prejudice, of confusing of the issues, or misleading the jury. 

McCormick, Evidence S47 at 99 (2ed.1972)

          Facts showing misconduct of the witness, for which no conviction has been had, are collateral and if denied on cross-examination cannot be contradicted. 

U.S. v Sanchez (1999)

          Impeachment by use of prior bad act was improper. 

Tucker v State

          Before evidence of collateral offense is admissible for any purpose prosecution must first establish by plain, clear and convincing evidence that the defendant committed that offense.  The first requisite for admissibility is wholly absent- that the defendant on trial committed the independent offense sought to be introduced. 

          The Nevada Supreme Court ignored these violations in order to protect the D.A and Judge Jackie Glass from civil law suits.  I am certain they hope I either miss the deadline to file a Federal Appeal or that I can’t afford to hire a federal appeal attorney.  The previous Supreme Court Justices have ruled against using prior bad acts that are unproven.