Frank Kulon's crime?
Expressing his First Amendment Rights through Oil Paintings!

The judge sued but that's not the end of the story.

"Themis - Lady of Justice"

(SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SULLIVAN, USA)

Oil on canvas 108" X 66" (274cm x 168cm )

Click to see "Themis - Lady of Justice"

First Amendment tested by unflattering portrait

-- Times Herald-Record --

Can art still be just art? Can we talk about it?

-- The River Reporter --

Defamation & Artistic Expression

-- Art on Trial --

Panel Dismisses Privacy Claim Brought
by Justice Satirized  by Artist as Demon

ALTBACH v. KULON

Click above title for Appellate Court Opinion

Is it okay to shoot someone in retaliation?

INTERNET RELEASE

January 30, 2005

Attorney General Eliot Spitzer
New York State
The Capital, Albany, NY

Dear Mr. Spitzer:

I am very concerned that an attempt was made against my life and nothing was done about this crime. 

When I ask local authorities about this they tell me to talk with lawyers, but lawyers say that they cannot help me against the District Attorney's office. 

I sent a letter like this to Stephen F. Lungen, District Attorney, County of Sullivan, Monticello, New York, but I never received an answer from him. 

My explanation below, and the enclosed subpoena documents should help explain my very real concern.

I am an immigrant from Poland. I received no help from local authorities in this matter. Local authorities have thrown me in jail many times with no good cause, and have called me filthy names and a "communist." 

In fact, I fled Poland to avoid communist oppression many years ago.

It took several years for me to obtain the Information documents I enclose. I had asked about them many times but was told each time that they did not exist or that the case had gone away. 

I also received a subpoena to testify before a Grand Jury about this matter, how my neighbor, James D'Ambrose, a friend and crony of local authorities, had shot at me. The Grand Jury investigation never happened, and I was never asked to testify about what happened at all.

Mr. D'Ambrose had been harassing me for years by filing complaints against me.  These were frivolous and simply dismissed, but I was often thrown in jail.  Finally, he tried to kill me with his shotgun. The enclosed subpoena documents were filed against him for this, including for felonies and misdemeanors.  I now understand that D'Ambrose was allowed to plead guilty to the least serious charge. 

The felony charge of 1st degree Reckless Endangerment for shooting at me was dismissed.  Mr. D'Ambrose was allowed to move out of town. I would like this case to be opened against D'Ambrose for at least the felony charge, if not for attempted murder. If this can't happen, then I would like to know the circumstances of why this very dangerous man, a friend of the local legal authorities, was allowed to get away with attempted murder with only a slap on the hand, and with no testimony or other input from me. 

I especially think this should happen for the following reasons:

• D'Ambrose did not just "shoot within 500 feet of a dwelling."  He shot directly toward me with a 12 gage shotgun and, even according to the information, penetrated the front tire of my tractor less than three feet from where I was sitting, putting me in grave risk of death.

• The investigator who signed this most serious subpoena information, Geoffrey Cabrera, told me that D'Ambrose admitted to trying to kill me. Cabrera asked D'Ambrose why he did this, and D'Ambrose gave him "twenty reasons" why he tried to kill me. 

I think Cabrera would testify about this and can help put a very dangerous man in jail, where he belong.

Please consider causing this case to be reopened, because I do not think justice has been done, and I do not think that the people are protected when very serious charges are dismissed. If you cannot do this, please help me understand how this can happen in a society where local authorities should protect even immigrants like me, and even against their friends and cronies.
Sincerely,

Franciszek Kulon