In a striking appeal for clemency, attorney David Schoen brings to light the alleged misconduct behind the prosecutions of Michael Sessa and Victor Orena. Schoen, who notably represented Trump during his second impeachment trial, lays bare what he characterizes as a profound failure of justice at the hands of Andrew Weissmann, a prosecutor he describes as “ethically bankrupt.” This serious assertion sets the tone for Schoen’s argument, pointing to a broader pattern of prosecutorial abuse.
The appeal opens with a stark assertion: “Andrew Weissmann is the single most ethically bankrupt prosecutor I ever have encountered in 40 years of practicing law.” Such a bold statement reflects Schoen’s firsthand experience with Weissmann’s tactics, particularly in the context of the prosecution that resulted in life sentences for Sessa and Orena. Both men have now spent over 33 years in prison for crimes they did not commit, underpinned by what Schoen claims to be outrageous government misconduct.
Schoen details how Weissmann allegedly withheld crucial exculpatory evidence, highlighting a damning relationship between the FBI and mob figure Gregory Scarpa. By concealing this information, Schoen argues, Weissmann created a narrative that wrongly implicated Sessa and Orena in a violent organized crime landscape. “He took away 33 years of their lives for crimes they did not commit,” Schoen writes, cementing the emotional weight of his argument. This focus on the moral implications of the alleged misconduct underscores the human cost of legal failings.
As the narrative unfolds, Schoen meticulously chronicles specific instances of misconduct in Sessa’s case. He describes how key evidence was suppressed, including admissions of guilt from government informants and misleading testimonies. “Weissmann charged Mr. Sessa for a murder he knew Sessa had nothing to do with,” Schoen states. This detail is not just a critique of prosecutorial overreach; it highlights a troubling aspect of the justice system where careers trump the search for truth.
The appeal also highlights Orena’s dire health situation, which adds urgency to the call for clemency. At over 90 years old and suffering from dementia, Orena’s physical and mental conditions paint a grim picture. Schoen notes, “He spends the majority of his time in bed, unable otherwise to function.” Such humanizing details force a reconsideration of justice, especially when weighed against the backdrop of their convictions, which Schoen argues were based on lies and manipulation.
Furthermore, Schoen points to the fallout from Weissmann’s handling of these cases—evidence that led to the acquittal of other defendants after initial findings revealed corruption at the heart of the prosecution. The realization that others were wrongfully convicted adds complexity to Schoen’s argument. “The prosecution of the so-called Colombo War cases has been exposed as the single most corrupt prosecution in the history of our criminal justice system,” he claims, which is not merely an indictment of Weissmann but a reflection of systemic failures within the justice system.
In a broader context, Schoen’s appeal serves not just as a plea for mercy for Sessa and Orena but as a critique of prosecutorial practices that place the pursuit of conviction above ethical obligations to justice. With statements from various legal entities acknowledging Weissmann’s misconduct, Schoen hopes to galvanize support for his clients. He argues for more than simple justice; he demands recognition of the catastrophic effects wrought by unchecked prosecutorial power.
The conclusion of Schoen’s appeal is direct and emphatic. “Without a grant of clemency, these two men will remain in prison for the rest of their lives as a direct consequence of Andrew Weissmann’s outrageous misconduct.” This closing remark not only summarizes the argument but also serves as a poignant reminder of the stakes at play for Sessa and Orena, leaving the reader with an urgent call to reconsider the case. In light of the compelling evidence Schoen presents, the case stands as a significant example of how the justice system can fail its most vulnerable and innocent. It begs for reflection on the true cost of prosecutorial misconduct and the need for accountability within the system.
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