Clemency for Richard Diguglielmo
New York: Former NYPD officer Richard Diguglielmo needs your support for his clemency application to NYS Governor Andrew M. Cuomo!
Please sign the petition and/or write letters (email to email@example.com) telling the Governor you support Richard's release!
We need to bring him back home! See www.richarddiguglielmo.org
The petition has the following background:
"We are requesting your support for a clemency application of Richard DiGuglielmo, a veteran of the New York Police Department who was convicted of depraved indifference murder after a series of tragic events in which Officer DiGuglielmo shot and killed a man who had struck Officer DiGuglielmo's father with a metal baseball bat. Additional information about Officer DiGuglielmo and his case is available at http://www.richarddiguglielmo.org/
As you may know Officer DiGuglielmo was convicted of a murder stemming from a 1996 off-duty incident where he effectively saved his father's life. A New York State Supreme Court Justice subsequently released Officer DiGuglielmo in 2008 only for Officer DiGuglielmo's conviction to be re-instated after 20 months of freedom by a NYS Court of Appeals decision. A recent and probably final decision by the United States Court of Appeals has affirmed the NYS Court of Appeals decision. In the courts opinion they effectively stated that Officer DiGuglielmo's gun was a more serious threat than the baseball bat used to strike his Officer DiGuglielmo's father with TWICE! The court further opined, that Charles Campbell lacked intent to use the baseball bat as a deadly weapon because he never struck DiGuglielmo Sr. near the head or other vital area!
Article 35 of the NYS Penal Law effectively states: A person may use physical force upon another person when and to the extent he or she reasonably believes such to be necessary to defend himself, herself or a third person from what he or she reasonably believes to be the use or imminent use of unlawful physical force by such other person.
In People v. Talbert, the court held that an object as ordinary as a broom handle could be considered a weapon under the Penal Law if there exist the requisite intent to use the object unlawfully against another. The object in question was a broom handle…in Officer DiGUGLIELMO 'S CASE IT WAS A METAL BASEBALL BAT!
We have effectively come to a point of critical mass in relation to this case. The rulings by the NYS and Federal Appeals Courts in relation to this case have enormous ramifications nationwide for Police Officers, Peace Officers, and Citizens who may have to use deadly physical force. At this point there are no legal options left. We need your support in our effort to petition the NYS Governor Andrew M. Cuomo for clemency. We eagerly await your response."
The exact request of the petition is as follows:
WE THE UNDERSIGNED SUPPORT CLEMENCY FOR RICHARD DIGUGLIELMO.
PLEASE SPECIFY IF YOU ARE LAW ENFORCEMENT.
Supporters can sign the petition here.
News release sponsored by: www.richarddiguglielmo.org