James R. Householder, Jr. v. Michael Zaken, Superintendent, State Correctional Institution at Greene, et al.
DueProcess
Due-process
QUESTIONS PRESENTED FOR REVIEW 1. Was I deprived of my (14th) Fourteenth Amendment of due process of a fair trial. when I pleaded with my trial attorney and the Judge Meagan Bilik—DeFazio to make my trial : attorney to depend me and bring up testimony of S.A. from the . preliminary hearing to show how her testimony did not corroborate to what she was saying happened? Jury Trial 08/06/14 at 255 and on pages 3 and 4 of this petition for writ of Certiorari. 2. Because S.A, E.S. and E.B.s differences in their testimony at the jury trial and preliminary hearing showing they did not corroborate each other, nor do they corroborate what they testified to what they say happened to themselves, that I have shown in the (a) Supporting facts on pages 6 through 11, why can I not impeach them under Rule 609(a)? 3. Was I deprived of my (14th) Fourteenth Amendment of due process of a fair trial, because S.A., E.B. and E.S. were : never directly questioned about their differences in their testimony from the jury trial and preliminary hearing, showing they did not corroborate each other, nor do they corroborate what they testified to what they say happened to themselves, that I have shown in the (a) supporitng facts, pages 6 through11? : 4, Was I deprived of my (6th) Sixth Amendment of effective counsel, because my trial attorney failed to cross-examine la E.B., S.A. and E.S. about their differences in their testimony from the jury trial and preliminary hearing showing they do not corroborate each other, nor do they corroborate what they testified to what they say happened to themselves? Shown in the (a) Supporting facts, pages 6 through 11. 5. Did the United States District Court for the Western District of Pennsylvania, Report and Recommendation, Civil : Action No. 2:20-cv-01115, error on page 4, by stating: By the way of background, during his cross-~examination of the victims, trial counsel pointed out several of the inconsistencies that Appellant refferences. When there is no such thing as cross-examining by the way : of background? And then shows the only one time it was done showing how E.B,'s and S.A.'s testimony of where and when they said they discussed what they said happened to each other, was at different places and different years? , And they were never questioned about the differences. 6. Did the United States District Court, Report and . Recommendation, Civil Action No. 2:20-cv-01115, on page 4, not realize that besides that I wanted my jury trial attorney did not question S.A. about being touched in Swissvale and the discrepancies of S.A.'s testimony between the preliminary hearing and jury trial, I also. wanted brought up S.A.'s testimony at the preliminary hearing 12/04/12, at 42? Mr. Householder: Simply because S.A. is up there stating she remembers everything clearly and everything else. Here it is, specifically says, (from the preliminary hearing 12/04/12 at 42) S.A., staring in Swissvale you testified that these incidents, that you don't think that you don't think these things happened, is that accurate? A. Yes. Q. And you answered honestly that you really don't remember those, 1b correct? A. Yes. Jury Trial 08/06/14 at 255. ; 7. Did the United States District Court, Report and Recommendations, Civil Action No. 2:20-cv-01115, on page 4, error by stating: Trial counsel also cross-examined S.A. as to her testimony that her memory was clear that she had been abused but that she did not completely remember everything. see id. at 235. Because S.A. testified that her memory was clear: Q. For instance you testified, under oath today that your . father only touched you in Swissvale with his hands. A. Yes. Q. And you've testified today that you cannot remember that other parts of his body touching you, is that correct? A. What do you mean? Q. His penis. A. No, I do not rember. Q. So, your memory is clear -that's why I'm asking these questions. Your memory is clear from age 5 all the way to the present? A. Yes. Jury Trial 08/06/14