PAPUREC < Rafal Pietrzak - PETITION
PAPUREC
Dana I. Alvi - Chairwoman P.O. Box 3206
Tel and Fax (310) 829-1527 Santa Monica, CA 90408
____________________________________________________________________________
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E-mail: pap...@papurec.org Website: www.papurec.org
June 19, 2001
Rick Perry,
Governor of the State of Texas,
P. O. Box 12428
Austin, TX 78711-2428
tel: 512-463-2000
fax: 512-463-1849
http://www.governor.state.tx.us
Dear Governor Perry, -- PETITION FOR INTERVENTION
For four years now, a young man is incarcerated in a State Prison in Texas
for crimes he did not commit. This situation demands your immediate
attention.
The instant Petition is submitted to you on behalf of Rafal Pietrzak
#826611, unjustly deprived of his freedom for the next 26 years at Allred
Unit, 2101 FM, 369 North, Iowa Park, TX 76367-6568. We also request the
immediate transfer of Rafal Pietrzak from the present life-threatening
conditions to a safe facility while you examine the entire court proceeding
which led to his imprisonment.
Here is a summary of events. In December 1998, the court of the Judicial
District of Collin County sentenced the 30 year old Rafal Pietrzak, a Polish
immigrant, to 30 years in State Prison. The charge was sexual molestation of
a 5 year old Doris, the daughter of his common-law wife, Bertha Alvarenga a
citizen of El Salvador. The charges were raised in Plano by the Child
Protective Services (CPS). The little girl's mother and the girl herself
denied the charges. The laboratory results of Rape Kit examination proved
negative for rape. The opinion of the court psychologist, Dr. William
Hester, categorically rejected any accusation of rape. Although during the
court proceedings no wrong-doing by this man was equitably determined, the
State of Texas: a) deprived him of his freedom; b) deprived him of
enjoyment of life; c) deprived him of the enjoyment of his family, as
Bertha Alvarenga and her two daughters have become to him; d) deprived him
of a marriage that he and Bertha were planning; e) deprived him of life's
time to secure a future for his family and himself; f) deprived his
children of a father, g) deprived him of his own father who died of a heart
attack immediately upon hearing of his son's conviction and sentencing. All
the mentioned and not mentioned unjust depravations by the State of Texas
are not returnable and irreparable. They also have a profound negative
impact on his common-law wife and daughters. It is the opinion of all who
observed the proceedings that the court, the prosecutor and CPS, -
collectively the State of Texas, engaged in prejudicial conduct against this
Polish immigrant. During the proceedings, the prosecutor used ethnic slurs
to which she later admitted and privately, but not yet publicly, apologized.
Rafal Pietrzak arrived in the USA in February 1990. He felt lonely in a
strange country, longed for a family and companionship. Several years later,
while employed in Plano, he met Berthy Alvarega, who also worked in Plano.
They fell in love. In October 1995, they became engaged, later they
established a home with plans to marry shortly. A familial love developed
between Rafal and Berthy's two daughters by a previous marriage, 7-year old
Saire and 4-year old Doris. Both girls called Rafal "daddy" and loved him
for being a father to them which they did not have before. They established
contact with Rafal's parents in Poland.
While Berthy was pregnant with Rafal's child, Doris became ill, bleeding
from her genitals. Both parents took the child to a pediatrician, Dr. Nena
Piga, who prescribed medication for bladder and intestinal infection. (Dr.
Piga, although called as a witness in court, did not show up) Later,
already during the court process, another doctor, Dr. Miller, testified that
in her records, Dr. Piga noted that Doris had a malformation (fistula)
which, unless surgically repaired, could cause bleeding. Several days
later, while under the care of a nanny, Doris fell from her bicycle. The
heavy fall, damaged her already sensitive area and she again started
bleeding. Rafal, (who completed two years of medical school), decided to
clean the child (since she also experienced diarrhea), before he and Berthy
rushed her to the Children's Medical Center in Dallas. The doctors found
that Doris' injury was due to the fall and that surgery was necessary. After
Rafal and Berthy signed the necessary release forms, a doctor, - Dr.
Megison, questioned the differences in their respective surnames. A highly
prejudicial action by the doctor. Most savvy individuals would have brought
the doctor up on charges at that point. When Rafal explained that he is the
step-father, for unexplained reasons Doris' injury was recorded as "sexual
molestation". The distraught parents made all attempts to object to the
error but to no avail. Dr. Megison notified the Child Protective Services.
CPS immediately filed against Rafal who was ordered to move out of his home
during the investigation.
On Nov.19, 1996, Doris underwent surgery. Dr. Miller, who assisted in the
surgery, testified in court that the surgeons feared cancer but tests proved
negative. Apparently, none of the surgeons recorded any suspicion of
molestation.
On December 3, 1996, Plano Police Detective Holway, called Rafal for an
interrogation which lasted for over three hours. The interrogation was
videotaped without Rafal's knowledge, and without an attorney present.
This unlawful videotape, obtained under stress and duress, was accepted by
the court and allowed to be used in the court proceeding against Rafal by
Laurie Blake, the assistant to the prosecutor Sharon Curtis. The jury saw
and heard this unlawful tape and unlawfully considered it in their verdict
against Rafal. Court psychologist, Dr. W. Hester, testified that during the
interrogation as registered on the video, "the accused was under great
stress and responded under pressure by three interrogating officers".
Inexperienced in court processes and short of funds, Berthy agreed to a
state defender, Ron Danforth. Mr. Danford never previously defended such
serious criminal matters, only traffic violations. During proceedings, he
was illequipped to present a proper defense, did not call Rafal to the stand
and did not call previously sworn witnesses on Rafal's behalf, claiming lack
of time, the desire of all present to go home, etc. In effect, Ron Danford
gave away the case to the prosecutor. Additionally, according to sworn
witnesses, prosecutor Sharon Curtis, from a distance of several centemeters
from Rafal's face, while waving her hands and spraying his face with her
saliva yelled at him that 'Poles are filthy, primitive and rapists from a
communist country'. This behavior was approved by Ron Danforth and by the
presiding judge. It became evident later, that the Rafal Pietrzak case was
the hundredth for Ms. Curtis, a jubilee case, imperative to win.
The case finished on a Friday, the verdict was to be issued the following
Monday. Prosecutor Sharon Curtis notified the editors of The Dallas Morning
News to publish her "jubilee" work. That weekend this Dallas paper carried
a long article of the Rafal Pietrzak case undoubtedly influencing the
decision of the jurors two days later. Neither the defender Ron Danforth
nor the presiding judge, Mark Tolle, objected to this unlawful, abominable
tactic.
During the court process, judge Mark Tolle, allowed himself the unjudicial
liberty of issuing comments on the merits of presented documents thus,
undoubtedly, influencing the jury.
An appeal of the verdict was filed one day too late, and on such ground
rejected by the Court of Appeals. It is shocking that the Court of Appeals
in the State of Texas cares more about a hardly significant noncompliance
with a court rule than about a man's life.
Governor Perry, - all Rafal Pietrzak wants out of life, is a natural pursuit
of happiness, a family, a home and a job. Through the most contemptable
arrogance, abuse of power, political ambition, prejudice and inhumanity, he
has been deprived of all. Having done no wrong, he has been placed among
hard-core criminals where everyday poses a threat to his life. It has been
four years since his incarceration. Within that time, no one in the State
of Texas has taken interest in his fate. We are requesting your immediate
intervention toward his release and an immediate transfer to safety.
Today, we are distributing this Petition to the general public. We are
relying on you and the State of Texas to protect Rafal Pietrzak from any
harm to him by the prisons' inmates and/or staff as a result of this
Petition.
In closing, please be informed that the Child Protective Services
nationwide, have an atrocious record of destroying families instead of
helping them. There are thousands of parents in this country falsely accused
of molestation, neglect or the like.
Sincerely submitted,
Dana I. Alvi
c: Attorney General of Texas John Cornyn, P. O. Box 12548, Austin, TX
78711-2548, tel: 512-463-2100, fax: 512-463-2063, e-mail:
c...@oag.state.tx.us, United States Senate, Embassy of the Republic of
Poland, Embassy of El Salvador, Pol-Am Organizations in the State of Texas,
United Nations Human Rights Commission, Court TV, other interested parties.
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