Anthony Cioffi

possibly Innocent In Ohio

Anthony Cioffi, Jr.
# 332-078
P.O. Box 8000
Conneaut, OH 44030
USA

DOB 4-4-1963

My Cases

Case No: 96-CR-599, three counts of gross sexual imposition and three counts of rape
Case No: 95-CR-696, one count of gross sexual imposition, one count of kidnapping
Date of the Crime: Summer of 1991 and 9-16-1995
Date of Conviction: 12-3-1996
sentenced to 10 to 25 years

Events Preceding to My Cases

Here is a brief story of my cases.

My first case: I would like to now explain my involvement with my ex-wife Lisa Purdy, a/k/a Cioffi, Witt, Phillips. I met Lisa around 1984, Lisa then got pregnant with my first son, Anthony, in 1985. Lisa then gave birth to my second son, Matthew, in 1987. Lisa and I got married In 1986. Lisa and I had a very rocky marriage. In 1988, Lisa filed for a divorce; Case No. 88-DR-585.

From 1988 through 1991 I fought for visitation rights to see my sons. I had problems with visitation right because Lisa would move from house to house and I would have confrontations with Lisa and the man, Jim, she was involved with. I never went to pick-up my sons without a family member present. I had no contact with my sons fron 1992 to 1995.

In 1991 I was living with my father when Lisa appeared at the residence wanting to talk to me. Lisa was there to ask me if I would take her back, but I told Lisa I was involved with another woman, April Arnio. Lisa got mad and made the comment, "You will regret thisl"

In 1990 Lisa got married to Jim Witt. Lisa then filed for a divorce from Mr. Witt in 1992, making allegations of verbal and physical abuse, before and after her marriage to Mr Witt. The court dismissed Lisa's cases stating, "Failure to go forward. Starting in 1988, the Mahoning County Children Service Board began an investigation of Lisa for child neglect. In 1991 Lisa started making unfounded allegations towards me pertaining to my sons, that I had raped and molestet my sons in 1991.

In March of 1991, Lenore Blanton and Louie Wainwright from the Mahoning County Children Service Board investigated the allegations and found, "Sexual abuse was unsubstantiated as there was no evidence to support the allegations." In a letter from the D & E Counseling Center that I have of October 1, 1996. It states that there were, "No findings other than the allegations made by Lisa and nothing in other files to corroborate the allegations."

A report dated October 25, 1996 from Youth Services Discovery regarding my son Anthony, stated that there was abuse and violence in the home by his stepfather William and Lisa.

In January 1996 I found out that my sons were going to Valley Counseling. I had permission on January 24, 1996 by the counselor, Wafaie Selim and Lisa to see my sons at the office of Mr. Selim. I had three visits with my sons and the fourth visit was canceled by Lisa. Lisa had started renewing her "false allegations" that I had raped and molested my sons.

In 1996, I was indicted on three counts of rape and three counts of gross sexual imposition. I did not know that Lisa was making these "unfounded allegations" for years until I was arrested In 1996. My sons have been denying the allegations for years to doctors, counselors, etc.

On February 29, 1996, Ms Shops, from The Trumbull County Children Service Board had investigated the allegations and found them, "Not substantiated." If I had been molesting my sons in 1991, why would the counselor, Wafaie Selim and Lisa give me permission to see my sons at the counseling office in 1996? In 1995, Lisa Purdy, a/k/a Cioffl, Witt, Phillips, got married to William Phillips. There is so much more that can be told in this case; Case No. 96-CR-599.

Regarding my second case:

In the fall of 1992, I met a girl by the name a Sheila Schreckengost, a/k/a McKelvey, Crissman at a bar called, "Grandpa's". We had several meetings at this bar before I moved in with her in 1992.

At this time, Sheila was going through a divorce; Case No, 49709, from her ex-husband John McKelvey. Sheila had three kids by John; Megan, Melanie and Jason. Sheila had told me, along with her family, friends and neighbors that John was abusive to her and the kids. That he would consume alcohol and had a problem with drugs. This had an effect on John's kids. Most of the time John was under the "influence" of alcohol and drugs when he had his visitation right with the children. John told his kids that I was responsible for the break-up of Sheila and him. This went on for three years.

Every time Sheila's ex-husband returned his children back from a weekend visit the children would say things that John had done, such as taking a shower with his oldest daughter, Megan, my accuser. He would sleep with her in his briefs; he would use the toilet with the door wide-open; he would let her look at dirty books; and he would tell his children that I was a bad person.

On September 16, 1996, Sheila and Megan made a false allegation towards me of two counts of gross sexual imposition. The kidnapping charge and the second count of gross sexual imposition was made by Sheila and Megan approximately two months after the act was allegedly supposed to had happened on September 16, 1995.

When Sheila took Megan on September 16, 1995 to The Western Reserve Care System for a rape test, all the tests and examinations came back "negative," and all vital signs were normal. Sheila then took Megan to Tod's Childrens Hospital on September 20, 1995 to be examined. All the tests came back, vital sign normal, no evidence of trauma. On October 2, 1995 the results came back from The Tristar Laboratories on smears of the vagina, mouth and pamper (the one Megan was wearing on September 16, 1995.) All the tests came back negatlv for blood and semen. (Megan was still wearing diapers because she had tendency to wet the bed.)

I have a lot of documents showing contradiction and inconsistent statements between Sheila and Megan to various authorities about the alleged crimes. All of Sheila's children were seeing a counselor from the day I met her kids until the day the allegations came out in 1995. There is so much more that can be told in this case, Case No. 95-CR-696.

I would now like to explain my involvement with my ex-attorney, Tom Zena. I would like to mention that Mr. Zena was my attorney in my divorce from Lisa in 1988. Now I would lika to explain how Mr. Zena pressured me into pleading guilty to both of my cases explained above. I hired Mr. Zena to represent me in my 1995 case, and when the second case came out in 1996 he agreed to handle that case as well. In every appointment [5 or 6] I had with him, he would continually say that my cases were nothing but "he-said, she-said" cases and there was no evidence and not to worry, so I did not question Mr. Zena.

On December 3, 1996 I was ready to pick a jury on Sheila's case, my family and Mr. Zena were in the court on this date. Mr. Zena came out of Judge Stuart's courtroom and stated, "Today must be your lucky day, the prosecution is offering you a 'blue light special." I said what do you mean? Mr. Zena said the prosecutor wants to offer you 10 to 25 years. I replied, "I am innocent," in a loud voice. Mr. Zena's next comment was, "You must want to spend the rest of your life in prison, because if the kids get on the stand and cry they will find you guilty on all of the charges, then you might as well get a gun and kill yourself." I then asked Mr. Zena how much time I would actually serve on a sentence of 10 to 25 years. Mr. Zena stated he did not know and led me into a back room in the court where he opened up a lawbook and said 4 years with good behavior and programs.

I then told Mr. Zena that I would plead guilty if I could have a few days to get my affairs in order. Mr. Zena said that he would have to ask Judge Stuart. Mr. Zena came back and said Judge Stuard would grant it only if I pled guilty that day, December 3, 1996. So I did. I returned to court on December 6, 1996 and got sentenced to 10 to 25 years.

My ex-attorney, Mark Marein, took a sworn statement of my ex-attomey, Tom Zena, on October 12, 1998. These are some of the following things Mr. Zena admitted to under oath:

He never talked to any of my witnesses; he was not prepared for both of my trials; he did not do even a minimal investigation in my cases, he never shared any documents with me, ha never questioned the alleged victims; he never reviewed the alleged victims tapes; he admitted that my cases are extremely defensible.

These are just some of the things Mr. Zena admitted to under oath on October 12, 1998 and again on January 31, 2002.

I would like to let you, the public, know where I am at dealing with the courts within my cases.

My ex-attorneys, Mark Marein and Steven Bradley filed a motion on July 30, 1999 in the Trumbull County Common Pleas Court to withdraw my pleas. Also, Mr. Marein and Mr. Bradley subpoenaed my first attorney, Mr. Zena, and myself to give testimony on January 31, 2002 at the Evidentiary Hearing. I was denied by Judge Stuard to be present at this hearing. Mr. Zena was present on January 31, 2002 and testified to the same indiscretions he outlined in his sworn statement on October 12, 1998. Within the sworn statement and the transcript of the Evidentiary Hearing Mr. Zena said things I was supposed to have said and done and things he was supposed to have said and done which are 'blatantly untrue.' Mr. Zena committed perjury under oath. Mr. Marein and Mr. Bradley have stated to me and my family that Mr. Zena, the prosecutors Watkins and Wrenn, and Judge Stuard, all know I am innocent.

Mr. Marein and Mr. Bradley filed a motion in the Eleventh Appeals Court on July 29, 2002. The Eleventh Appeals Court denied the motion on May 12, 2003. Mr. Marein and Mr. Bradley filed a motion in the Ohio Supreme Court on June 20, 2003. The Ohio Supreme Court denied that motion on September 10, 2003. (I no longer have Mr. Marein or Mr. Bradley representing me.)

My new attorney, Jeffrey Goodman, on September 10, 2004 filed for writs of habeas corpus in the Federal Court in Youngstown, Ohio; Case No. 4:04-CV 01837 and also in Akron, Ohio; Case No. 4:04-CV-O1836. Both of my cases were filed under "Actual Innocence" and under "Ineffective Assistance of Counsel.

In Case No. 4:04-CV-01837 the magistrate Judge, George Limbert, dismissed my petition on March 3, 2005, as time-barred. Both of my habeas corpus petitions were dismissed. (I no longer have Mr. Goodman representing me.)

All the courts have completely ignored the credible and compelling claim of my actual innocence! The Trumbull County prosecuting attorneys, Watkins and Wrenn, have served as a tool for the accusers, Sheila Schreckengost, aka McKelvey, Crissman, Megan McKelvey, and Lisa Purdy, a/k/a Cioffi, Witt Phillips to convict me! See what Judge Stuard, the prosecutors, the appellate courts, the accusers, and my former trial attorney, Tom Zena, do not want you, the public, to know: manifest injustice, due process violations, prosecution misconduct, recanted statements, inconsistent statements, no DNA, non existence of physical or medical evidence, and ineffective assistance of trial counsel.

The prosecution, in conclusion with the trial court, racked up numerous, staggering claims in drafting indictments against me. Utilizing documents containing no more than hearsay evidence and speculation in support of said indictments. The trial court did not sustain its burden of proving me guilty. Instead, it relied on hearsay evidence and false statements from the accusers, Sheila, Megan and Lisa, and Mr. Zena, that were used to coerce me into a plea bargain in which I seemingly had no alternative but plead guilty to all of the charges.

There was no evidence of the claims made against me sufficient to sustain an independent finding of guilty in either of the cases of record. I was misinformed by my defense counsel, Mr. Zena concerning material facts, and as a result, entered a plea I would not have entered if not for the misinformation. This is a great injustice which must be corrected. You can read all of my motions, briefs, Mr. Zena's sworn statement, medical records, transcripts, habeas corpus petitions etc. I became one of the many victims trapped into the Ohio Penal System due to a blatant miscarriage of justice. I pray that someone out there in cyber world will pass on my story so that someone who has the authority can and will investigate my cases and/or my story and help me. I need the public's full support and it is greatly appreciated in this fight for justice!

Documents

Tri-State Laboratories, Inc. (TSL) (pdf, 5 pages)
(October 1995)

Bill of Particulars (pdf, 2 pages)
(December 1995)

State's Answer to the Defendant's Request for Bill of Particulars (pdf, 2 pages)

Mahoning County Children Service (pdf, 1 page)
(March 13th, 1996)

D & E Counseling Center (pdf, 3 pages)
(October 1st, 1996)

Motion for Modification of Bond (pdf, 3 pages)
(October 1996)

Memorandum in Opposition to Request for Deposition (pdf, 3 pages)

Motion for Continuance of Trial (pdf, 2 pages)

Motion to Quash Indictment in the Alternative Motion for Specified Response and Amended Bill of Particulars (pdf, 2 pages)

Sworn Statement of Thomas E. Zena, Esq. (pdf, 80 pages)
of Oct. 12, 1998

Anthony Cioffi's Sworn Statement (pdf, 6 pages)

Hearing on Motion to Vacate Judgement of Conviction and to Withdraw Guilty Plea (pdf, 169 pages)
(January 31st, 2002)

Anthony Cioffi's Sworn Statement (pdf, 4 pages)

Motion To Set Aside Judgment Of Conviction And To Withdraw Pleas Of Guilty (pdf, 16 pages)
July 30, 1999

State's Response In Opposition To Defendant's Motion To Withdraw Plea And Vacate Sentence (pdf, 6 pages)
March 22, 2001

Judgment Entry (pdf, 5 pages)
March 7, 2002

Brief of Defendant - Appellant (pdf, 15 pages)
(July 29, 2002)

Brief Of Plaintiff-Appellee (pdf, 17 pages)
August 14, 2002

Opinion (pdf, 10 pages)
May 12, 2003

Notice Of Appeal Of Appellant Anthony Cioffi, Jr. (pdf, 17 pages)
September 10, 2003

Summons In A Civil Case, # 4:04 CV 01836 (pdf, 14 pages)
September 10, 2004

Motion For Default Judgment (pdf, 5 pages)
May 10, 2005

Order To Show Cause (pdf, 1 page)
May 10, 2005

Respondent Bobby's Motion To Dismiss Cioffi's Petition For Writ Of Habeas Corpus (pdf, 15 pages)
May 11, 2005

Petitioner's Response To Show Cause Order (pdf, 5 pages)
May 27, 2005

Petitioner's Memorandum Contra Respondent's Motion To Dismiss (pdf, 12 pages)
May 2005

Order (pdf, 2 pages)
October 3, 2005

Respondent Bobby's Supplement To His Motion To Dismiss (pdf, 2 pages)
January 20, 2006

Notice Of Electronic Filing (pdf, 1 page)
January 23, 2006

Report And Recommendation Of Magistrate Judge (pdf, 12 pages)
February 7, 2006

Judgment (pdf, 1 page)
February 27, 2006

Summons In A Civil Case # 4:04 CV 01837 (pdf, 15 pages)
September 9, 2004

Respondent's Motion For An Extension Of Time Within Which To File Answer (pdf, 2 pages)
November 15, 2008

Respondent Bobby's Motion To Dismiss Cioffi's Petition For Writ Of Habeas Corpus (pdf, 13 pages)
December 10, 2008

Report And Recommendation Of Magistrate Judge (pdf, 12 pages)
January 25, 2005

Objections To Magistrate's Proposed Findings And Recommendation (pdf, 13 pages)
February 3, 2005

Respondent Bobby's Response In Opposition To Petitioner's Objection To The Magistrate Judge's Report And Recommendation (pdf, 6 pages)
February 10, 2005

Supplemental Memorandum In Support Of Petitioner's Objections To Magistrate's Proposed Findings And Recommendation (pdf, 5 pages)
February 11, 2005

Opinion And Memorandum (pdf, 9 pages)
March 3, 2005

Order (pdf, 2 pages)
March 3, 2005

Judgment (pdf, 2 pages)
March 3, 2005

Motion To Amend Or Alter Judgment Or In The Alternative For Certification Of Appealability (pdf, 18 pages)
March 17, 2005

Order (pdf, 1 page)
April 7, 2005

Opinion And Memorandum (pdf, 5 pages)
April 7, 2005

Notice Of Appeal To The Sixth Circuit Court of Appeals (pdf, 19 pages)
May 9, 2005

Letter from the United States Court Of Appeals to the Attorney General of Ohio (pdf, 1 page)
June 15, 2005
www.ca6.uscourts.gov

Order (pdf, 1 page)
January 18, 2006

Psychological Evaluation (pdf, 6 pages)

Writ of Habeas Corpus, pro se (pdf, 20 pages)

Notarized Affidavits:

Anthony Cioffi's letter to the Parole Board (pdf, 2 pages)
March 18, 2008

Anthony Cioffi, County of Ashtabula (pdf, 3 pages)

Anthony Cioffi, County of Trumbull (pdf, 2 pages)

Jonathan D. Cioffi/ Anthony Cioffi's son (pdf, 3 pages)

Elsie Johns/ Anthony Cioffi's sister (pdf, 3 pages)

Debbie Harsch/ Anthony Cioffi's sister (pdf, 3 pages)

Beth Kennedy/ Anthony Cioffi's sister (pdf, 3 pages)

Theresa Jones (pdf, 2 pages)

Tina Phillips (pdf, 3 pages)

Disciplinary Counsel, Relator v. Thomas C. Wrenn, Respondent (pdf, 3 pages)
The Supreme Court of Ohio, July 2003

Docket Report (2005) (pdf, 8 pages)

Letter from Law Office (pdf, 1 page)
dated December 19th, 2005

Letter from Attorney (pdf, 1 page)
RE: Post Conviction Matters
(January 2006)

Case Evaluation by Butler Legal Group (pdf, 4 pages)
July 18, 2006

Flyer (pdf)
In connection with this flyer, Mr. Cioffi wants you to check out http://www.outlawslegal.com/about.shtml
and four letters from Lynch Legal Services (pdf, 4 pages)

Conviction Writ of Habeas Corpus Application for Post (draft, pdf, 4 pages)

Other Websites

http://www.thepetitionsite.com/1/free-tony-cioffi-innocent-in-ohio-prison
Sign this petition!

http://en.wikipedia.org/wiki/Trumbull_County,_Ohio
Wikipedia: Trumbull County, Ohio

How you can help

Anthony Cioffi's News Forum

Flyer-Number-Two asks you to sign the petition above! (pdf)

If you have any questions and/or concerns about anything you have read on my webpages, please write to me at the address above.

Anthony Cioffi, Jr.