Donald Spinner
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 Cathy’s wedding
anniversary) Cathy called Don’s sister and claimed Don had been molesting her
daughter for the last 5 years. Cathy told Don’s sister that she was not going
to the police because she did not want to drag her daughter through the system.
Don’s
sister called my home the next morning and told us what Cathy was saying. Cathy
called Don’s 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 didn’t. 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.
However
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
Another
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
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 Cathy’s 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 Cathy’s 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 friend’s husband kill Don. Our attorney has this woman’s 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 Cathy’s 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 Cathy’s 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 trial’. 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 juror’s had reasonable doubt but
convicted him any ways. Isn’t this bad?
My
husband’s 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,
Sincerely,
Melissa
Spinner
Contact Information:
Melissa
Spinner
603-743-5120