To Whom It May Concern:
My husband was wrongfully convicted of aggravated felonious sexual assault. I pray that you will listen to our story and help us.
I have known my husband for 20 years. We have dated off and on through out the last 20 years.
In July of 2005 my husband (Donald Spinner) left his then wife Cathy Biron to be with me. With in weeks of moving in with me (on Don and Cathyís wedding anniversary) Cathy called Donís sister and claimed Don had been molesting her daughter for the last 5 years. Cathy told Donís sister that she was not going to the police because she did not want to drag her daughter through the system.
Donís sister called my home the next morning and told us what Cathy was saying. Cathy called Donís sister for a reason. She knew his sister would call us and she wanted to get a message to Don to come home or else. She may have been hoping I would kick him out and he would have to come home, because I have 2 little girls. Cathy had done similar things in the past when Don would leave her. She would get restraining orders on him and claim he hit her when he didnít. When Don would return home she would always take it back.
Don and I went and obtained a restraining order on Cathy. Cathy was served the restraining order and while being served made NO mention of the alleged abuse she had found out about only the night before.
she did go down to the police station 1 hour after she was served the
restraining order and make the false allegations of sexual abuse involving her
daughter. Officer Grey of the
officer named Sergeant Gallagher re-opened the case. A few years prior to this
Don had some problems with Gallagher and had to go to the Captain of the
Don was arrested on august 17th 2004. He was brought to the police station and questioned for 3 hours. Maintaining his innocence the entire time. Several times he stated he did not want to talk anymore. He was taken to Rockingham County House of Correction and his bail was set at $250,000 he stayed in Jail until September 04 when we got a bail reduction hearing and got his bail lowered. We posted bail and he was out on bail until February 05.
That is when his divorce to Cathy became final. The day their divorce became final Cathy claimed Don called her house and threatened to burn the house down. Luckily for us Cathy was very specific and said he called at and again at .
Don was arrested for criminal threatening and bail violation. He spent 4 days in jail.
We had our public defender get our home phone records and cell phone records as well as Cathyís home phone records and her cell phone records that clearly showed not only were no calls made from my home, but she received No calls either. The state dropped the charges. Dons hearing to revoke his bail was also dropped.
It is important that I tell you that Cathy claimed her first husband also molested her daughter in their divorce. I have copies of her divorce paperwork from her first husband.
Also prior to the trial Cathyís friend contacted our public defender and told him that she knows Don did not do the things Cathy is claiming he did. She told our attorney that she had a conversation with Cathy where Cathy admitted she wanted to ruin his life for leaving her to be with me. Cathy went so far as to try to have her friendís husband kill Don. Our attorney has this womanís statement and she was at trial ready to testify on our behalf. The state filed motion to not allow this and it was granted.
The trial took place in Rockingham County Superior Court in June of 05.
During the trial Dr Wendy Gladstone testified that she had a finding of normal. Although Cathy was claiming penetration, Cathy took that back after the Dr examined the child and found out that her hymen was intact.
The live in grandfather testified that he was always home and knew nothing of this alleged abuse that supposedly took place for 5 years, and was supposedly loud and violent.
During the trial our attorney never mentioned that Cathy made the same allegations in her first divorce.
During the trial our attorney never mentioned that Cathy lied in February and had Don put in jail for criminal threatening.
During the trial we were not allowed to have Cathyís friend testify on our behalf.
During the trial the state was not allowed to mention uncharged bad acts. Yet they called him a drunk (with no proof, just Cathyís word)
They claimed he tried to kill himself (no proof, just another made up story)
They called him a womanizer (no proof)
During parts of the trial the Judge Patricia Coffey would randomly fall asleep. During a break in the trial Don told his public defender that the judge sleeping could not be a good thing. His public defender Richard Samperil said and I quote "oh she does that all the time"
The entire courtroom witnessed this. The jury witnessed it. The prosecution. Everyone.
In October 05 I filed a grievance with the NH Judicial Conduct Committee in regards to the judge sleeping in her chair. The committee advised me that they were composing a special panel to hear my grievance because Coffey is a member of the committee.
I was given a copy of the jury poll taken after the trial and in the jury poll two jurors mention that they saw Coffey sleeping during the trial. One juror says and I quote
"We got a kick out of Coffey sleeping during the trialí. I forwarded that to the JCC.
Also in the jury poll one of the jurors says, "we had a lot of doubt about the guilt of the defendant". Well does reasonable doubt mean anything anymore?
Basically the juror is admitting that some of the jurorís had reasonable doubt but convicted him any ways. Isnít this bad?
My husbandís appeal was filed in September 05 and we are awaiting the transcripts. I understand that you can only raise issues in the appeal that is actually in the transcripts.
There will be no mention of the judge sleeping in the transcripts. I have begged our public defender for post conviction relief. He has refused. I am assuming he does not want to fall on the tip of the sword so to speak.
The sentencing was in August 05 and Judge Coffey sentenced my husband to 23-46 years with No evidence, No witnesses, No related Priors and No admission of guilt.
Please help us. My husband or he will get lost in the system and die in prison all based on hearsay. I have the file from the lawyer; I have police reports, victim statements, and anything you need. I am waiting on the transcripts. I have the jury poll. I have what ever you need to see in order to believe in us. Please help us. This is so wrong. My husband is Innocent.
I look forward to hearing from you,