To the "personal attention" of all the above named:

      My name is Diane Manning.  I am the mother of a 30 year old physically disabled man who has been wrongfully convicted, ironically, in the State of Pennsylvania, the birthplace of our "democracy."   In light of the recent cases of innocent people being freed after years of being unjustly incarcerated, I am writing to bring your attention to this   blatant miscarriage of justice.     

It is ludicrous to think that a legally disabled man encounters an unexpected knife attack, tries to the best of his ability to defend the precious life he was blessed with, has no evidence of wrong doing against him & is convicted of a crime he did not commit.  IS THE WHAT "JUSTICE" HAS COME TO??  Should this travesty of justice be of interest to you please respond either to me or to Michael's attorney.     

                                                                                     Thank you.

     Michael Manning is a 30 year old, physically disabled, black male, who prior to this unfortunate plight never experienced any legal problems.   Michael has no history of alcohol, tobacco or illegal drug use.  Since 1996, Michael has been physically disabled with a severe lower back injury with limited mobility down to his legs. Since the inception of this work related injury it is necessary for Michael to use a cane to walk.

In the latter part of 1996, Workmen's Compensation declared Michael "totally disabled."

     On the evening of June 16, l997, Michael left our home to purchase fuel for his vehicle and pick me up from work when he was followed by two men of questionable character, who had the advantage of weight, height, & physical well being over Michael.

Michael's vehicle was the first to enter the local gas station.  While Michael was in the process of refueling his vehicle the second vehicle entered.  Michael was immediately confronted with a knife by his main attacker who informed him he intended to kill him.

In an attempt to shield his upper body from the onslaught of the knife the fingers of 

Michael's left hand were sliced.  During the ensuing struggle Michael was unable to gain control of the knife.  Unfortunately, his main attacker was stabbed & later died of the wound.  Michael was questioned by Det. Thomas Lynott of the Pocono Township Police.  After Det. Lynott conferred via telephone with the District Attorney & Assistant D.A. he informed Michael that he was not being charged & was being released to home with his family.  A day or two following this incident Det. Lynott asked Michael if he knew if his main attacker was known by an alias because they were having difficulty in making a positive identification because his fingerprints were not matching his name.

Michael's main attacker was known to us for about two years as he was the boyfriend of my step-daughter, however, we knew very little information about him.  This main attacker had previously admitted to my biological daughter as well as my step daughter that he had been incarcerated in the State of Virginia on drug charges, however, after a check of the NCIC files, no information under his name could be found.  The investigation of this case lasted five months.  At no time during these months was Michael informed that he was a suspect.  Whenever Michael left this state he informed the detectives of his whereabouts until we were informed that these contacts were not necessary.   On the morning of November 5, 1997, curiously enough, THE DAY "AFTER" ELECTION DAY, Michael Manning was unexpectantly arrested.  This clear cut case of self defense was brought to trial as a murder case on 9/8/98, by the 

Commonwealth of Pennsylvania.   During this trial Michael & his Attorney,         Salvatore Vito endured many injustices.  The Presiding Judge, Ronald E. Vican showed contempt for Michael's attorney & witnesses.  He clearly displayed disbelief of Michael's testimony.  During this trial Judge Vican personally questioned Michael Manning " 89 times," doing much damage to Michael's credibility.  The District Attorney of Monroe County, Pa., Mark Pazuhanich, severely twisted the facts of the case-and-blatantly lied.   He informed the jury that Michael did not claim self defense.

This misstatement can readily be disproved by the police report taken the night of the attack.  He further informed the jury "this defendant failed to prove his innocence."  At one point during this trial, this DA instructed the jury to "bring back a verdict or he would to sharpen his jury selection skills."  

     During Michael's struggle for his life his main attacker grabbed him about the legs in an attempt to get him down.  In an effort to regain his freedom, Michael "kicked" his attacker.  The Prosecution contended that this "kick" infered MALICE.  Inview of the limited physical abilities & severity of Michael's disability, this "kick" could not-and-did not cause bodily injury.   The cause of death is recorded as chest wound.  The Pathologist who performed the autopsy testified that at the time of autopsy no bruised area was evidenced at the wound site.  Moreover, the body of the deceased bore no defensive marks.  It was then the contention of the Prosecution that the wounds to the fingers of Michael's left hand were "self inflicted."   Michael Manning, however, is naturally left handed.   Testimony was given by this county's own Criminal Forensic Pathologist, Dr. Isidore Mihalikas, that the wounds to the fingers of Michael Manning's left hand are defensive wounds.   Dr. Mihalikas was initially retained by the office of the District Attorney to render his report.  He has over 30 years experience in his field and testifies over 95% of the time on this county's behalf, however, his expert testimony was contradicted by a martial arts expert who had no previous experience in testifying and whose testimony was based solely on "opinions."    Moreover, the finger prints found on the knife are not those of Michael Manning!   No further investigation was conducted to ascertain the "true identity" of those finger prints.  This fact was testified to at trial by a police officer. During this trial the accomplice admitted that they followed Michael into the gas station.  The Prosecution further testified that during Michael's struggle for his life he bent over his main attacker stabbed him in the chest and gouged a hole in his head.  Testimony was given by an eyewitness that throughout this struggle the accomplice was standing two feet behind Michael and was also in possession of a weapon which was identified as a bat or pipe type object.Inview of the severity & physical limitations of Michael & the testimony of this eyewitness (a retired detective), the scenario painted by the Prosecution is very difficult to imagine & quite absurd.

Another eyewitness to this attack testified that Michael Manning was not the aggressor.   The accomplice to this attack was the friend & co-worker of the deceased attacker, both of whom had been under surveillance at their place of work for the suspicion of selling drugs on property.   This accomplice is a known drug dealer in this county, and well known to the Court of Monroe County, Pa.   Having previously lied in another police matter he is certified by this state as a liar, however, he was allowed to testify at the trial of Michael Manning.  Moreover, at the time of this attack this accomplice was on parole.    Michael's race and color played a major and very negative role with his jury, which was most definitely "hand picked," as it was a jury composed completely of  

non-peers," who tended to believe all black men are violent and unbelievable.  

On 9/15/98, Michael Manning was unjustly and very dishonestly convicted of third degree murder.   A conviction that is totally & absolutely "unsupported" by any facts, evidence or testimonies heard at this trial.   On 11/13/98, Michael Manning was unjustly sentenced to a prison term of 12-30 years for a crime he absolutely did

not commit, unless of course, it is now a serious crime for a person of color to defend his life against in the State of Pennsylvania.   Attorney Vito appealed this conviction at the Superior & Supreme Courts of Pennsylvania, respectively.  On 8/10/99, Michael Manning's appeal at Superior Court was denied.   In reading the denial letter it is curious to see that the issues beneficial to the defense of Michael Manning were "papered over."  On 12/30/99, Michael Manning's appeal at Supreme Court was also denied.

With the denial of Michael's appeal at Supreme Court it seems they have gone against their own case laws, which state:  

(1)  " If the person is not the initial aggressor he has no duty to 

         retreat and has the right to mount a defense that will hopefully
         preserve his life."
(2)  " It is the assailant,  not the victim, who picks the time, place &
          circumstances of the attack."
Clearly, Michael Manning is the "true victim" of this attack, as he is the one that was followed and made to endure an unexpected, life threatening knife attack.  Somehow, the Prosecution turned the "victim" into the "criminal" and "a case of self defense" into a "murder case."   It is most unfortunate that a life was lost, but it was most definitely not at the hand of Michael Manning.   It is curious to wonder HOW DID THE " VICTIM" BECOME THE " CRIMINAL" ?????
      Racial prejudice is still surrounding this case.    It has been brought to our attention and there is documented proof, that at an unrelated proceeding, where the defendant, another black man claimed self defense, Judge Vican made a racial remark and invoked the name of Michael Manning.  In part, Judge Vican's racial remark was:
" I suspect this goes back to the cultural thing."  He then invoked Michael Manning's name-and-spoke of the case.  In speaking of Judge Vican, it is noteworthy to mention that he also suffers with a disability as he walks with a "decided limp."
Moreover, his wife is a well known, local physical therapist.  Inview of these facts it is
very difficult to believe Judge Vican would not be aware of the limitations and severity of Michael Manning's disability. 
      Due to the gross travesty of justice Michael Manning as well as his entire family is enduring, we have & are continuing to contact all organizations, agencies, etc. whose concerns lie in the areas of civil/human & constitutional rights, wrongful convictions, medical/physical issues as well as prosecutorial and judicial misconduct to bring much needed exposure to this blatant miscarriage of justice.   A website has been established which tells of the unfortunate plight Michael Manning is enduring.  This website has been linked to several organizations such as TRUTH IN JUSTICE & THE INJUSTICE LINE, whose concerns lie with the wrongfully convicted. 

I also wish to inform you that we have the support of a few nationally recognized organizations who readily see the injustice of this conviction.   The information I have shared with you can readily be verified.  After reading this "urgent appeal" if you would like to further discuss this matter, please do not hesitate to contact Attorney Vito or myself.  Attorney Vito can be contacted at his office:  45 North Seventh Street
                                                                           Stroudsburg, Pa. 18360  
(or) by phoning him at:  570-424-8890.   I can be reached by email at:[email protected]; by phone at: 570-839-0948;or by posting a letter to:
HC1 Wiscasset Avenue     Box 102D      Swiftwater, Pa.  18370
Our local newspaper - the Pocono Record carried the stories of the attack, arrest, trial and sentencing.  I am certain they would not hesitate to verify their involvement with this story.   
      It is my hope that with  the recent release of wrongly convicted people this case will be of interest to you.  The ineptness of the investigation and the wrongful conviction of a legally disabled man because he exercised his God given right to defend the precious life Jesus blessed him with is a true travesty of justice taking place in the birthplace of our democracy, in the land of the free and home of the brave.
      Thanking you in advance for any and all considerations you give this urgent appeal. 
It is my hope that an answer will soon be forthcoming from your organization(s).  
May God richly bless each and every one. 
                                                                          Sincerely yours,
                                                                        Mrs. Diane C. Manning, 
                                                                          Mother of Michael                        
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