Dr. Diane Piraino, my children's pediatrician, testified at my trial that she examined my oldest daughter, "T", on March 28, 2000. This examination proved that my daughter had vulva vaginitis (swollen labia). May it be known that on March 22, 2000 a restraining order was placed against me by the Berkshire Family and Probate Court in Pittsfield, MA. Six days prior to this examination of my daughter. I was not arrested for a violation of my restraining order nor was there a 51A filed in regards to this incident. However, this incident was manipulated to represent to the jury that I was the perpetrator. Dr. Diane Piraino also testified that my youngest daughter, "F", had a notch in her labia wall. Both attorney's had the exculpatory evidence to prove that "F" was "horribly sexually abused before coming into Department of Social Services care." However, this exculpatory evidence was manipulated to represent to the jury I was the perpetrator in this incident as well. Due to the circumstances of which "F" was placed in my care I placed a little more attention on her needs.
It was at the time of my restraining order that the real physical abuse was taking place against my children because I was not there to protect them. The exculpatory evidence will support this claim and this is when I lost physical control of my children's destiny. I know one thing in my heart to be the truth and that is my son, Jason, took the brunt of my divorce from a scorned woman.
My brother Carl had tried to get temporary custody of my son in October of 2000, one month after he was taken from the home. However, Jason was placed in the Key Program by the Department of Social Services instead. All contact with my family members was terminated.
I had a meeting with Nicole Feldman-McElroy from the Department of Social Services in December of 2001. She informed me that her and Krista Harrington of D.A.R.E. had intercepted a life threatening email to my son Jason, from my ex-wife's son Danny Roy.
It was because of my restraining order that I could do nothing to protect him. In February 2002 when my divorce was granted and my restraining order was vacated I tried to reunite with my son but was blocked by Nicole from the Department of Social Services, and there was no reason given for her decision. Had Nicole or Krista brought it to the judge's attention that my son's life had been threatened on numerous occasions prior to the trial than I am sure he would have seen to his protection. Instead Nicole and Krista did nothing to protect him fully knowing he was going to be a witness at the trial for me. The exculpatory evidence will prove that Nicole had placed a Care & Protection order against me in regards to him without my knowledge.
Both attorneys had the exculpatory evidence to show our home was closed by the Department of Social Services due to the parenting skills of my ex-wife, Loretta. All of the foster children that were placed in our home had witnessed my ex-wife Loretta's abuse however none of the children were subpoenaed to testify to this as requested.
My ex-wife was put on notice by Patricia Polumbo of the Department of Social Services that she needed to commit herself to narcotics rehab due to her prescription drug usage. I asked my attorney to present this fact to show the cruel and abusive condition in which my children and me had to live under. Ultimately I filed for divorce on those grounds. The trial attorney's also failed to divulge to the jury that I was indicted on all "three" of my daughters, "T', Kelly and "F", however, I was only tried on two, "T' and "F" as Kelly was Nolle Prosequi on the first day of the trial. When I asked Attorney Green to call Kelly as my first witness he told me I could not call her as a witness because I was not being tried on her however she was on the state's witness list.
Another fact in regards to the exculpatory evidence that I had asked my attorney is why DNA samples were only taken from three of the six male members of the household myself, my son Jason, and my brother-in-law Richard Ginthwain, when I was the only suspect. There were other male members living in the household, my stepson Daniel Roy, my ex-wife's mother's partner William Pensivy, as well as my niece Karen Ginthwain's fiancée Terry Bishop. They were all living in the household at the time of the abuse on my children and none of them were subpoenaed to testify as requested at my trial or to give blood for DNA testing.
My attorney only subpoenaed five (5) of my family members to testify on my behalf however only three (3) of them were called to testify and the evidence they testified to was manipulated by the prosecutor to the jury to allege they would lie for me under oath. I asked my attorney to subpoena my children's therapists, teachers, social workers, previous foster children, my ex-wife and some of her extended family as well as an expert witness to present the truth about what my children's life was truly like.
I also asked my attorney to motion my Court Rule 36 that was previously referenced to the prosecutor, Asst. D.A. Joan McMenemy by judge Daniel Ford on May 2, 2001.
I was tried and convicted in July 2002 in Berkshire Superior Court, two (2) years and two (2) months after I was indicted on May 17, 2000 for crimes that I did not commit against my three (3) daughters.
On July 12, 2002 a statement was taken by Detective Rick Smith of the Massachusetts State Police office assigned to the District Attorney's Office from Maria Moret in regards to jury misconduct. She referenced overhearing two of the jurors talking at a restaurant about the credibility of the testimony of one of the victims. My attorney never told me of this until I was brought to the court to be sentenced.
Sentencing was to take place on July 18th, 2002 at 3:30 but Judge Thomas Curley postponed sentencing until August 1, 2002.
Only July 18th, 2002 at 5:12 p.m. my son, Jason was run down in a painted blue crosswalk on North Street in Pittsfield, MA. by a van driven by Robert Smith, Jr. of 120 Parker St., the son of the people whom Jason was placed with by the Department of Social Services, Robert Smith, Sr. of 48 Seymour St. after he was released from the Key Program and whom the van was registered to. These people are longtime friends of my ex-wife's extended family.
The entire paternal Litchfield family as well as Jason's biological mother and grandmother were blocked by the Department of Social Services from visitation with him while he was clinging to life in the Berkshire Medical Center Critical Care Unit. However, my ex-wife, her extended family, Robert Smith Jr. and his extended family were all allowed to visit while he was passing.
It was because of this "inhumane" act by the Department of Social Services that made me realize that I was a risk to my daughter's lives. May it be known that on August 16th, 2002 I relinquished my parental rights for my daughters, "T", Kelly and "F" to Attorney Vincent Lee in order to "PROTECT THEM!"
I would also like it known that I granted power of attorney to my brother, Richard and my sister, Robin on August 13th, 2002 prior to me signing off on my daughters. They have filed in Berkshire Family and Probate Court for administration of Jason's estate in accordance with Massachusetts General Law 193 Section 1 on August 23, 2002 docket number 02P0585AD.
At this time I am asking the higher court to please see through this miscarriage of injustice that I am facing and to protect my daughters because they are all witnesses to the truth and so wasn't my son.
His name was Jason Michael Litchfield, he was only 16 years old, and he was an innocent victim to this travesty of Malicious Prosecution and Ineffective Assistance of Counsel.
Chapter 221: Section 38 Oath of Office
Whoever is admitted as an attorney shall in open court take and subscribe the oaths to support the constitution of the United Stated and of the commonwealth; and the following oath of office shall be administered to and subscribed by him:
I (repeat the name) solemnly swear that I will do no falsehood, nor consent to the doing of any in court: I will not wittingly or willingly promote or sue any false, groundless or unlawful suit, not give aid or consent to the same; I will delay no man for lucre or malice; but I will conduct myself in the office of an attorney within the courts according to the best of my knowledge and discretion, and with all good fidelity as well to the courts as my clients. So help me GOD.
Signed under the pains and penalties of perjury,
Paul W Litchfield
Paul W Litchfield