Thank you for your time in reading this short story of the miscarriage of justice concerning my brother Benedict Agostini III. My name is Jennifer Agostini, and the purpose of this message is to illuminate fully this story and bring as much media/political/public attention to this affair. Ben was made a victim here through no fault of his own, for defending himself and his wife against 7 men attack, one of whom attacked with a deadly weapon. This story is highly politicized, involving reverse racism and a violation of your god given, constitutionally defended civil rights to defend yourself and your family! If this could happen in this country in the year 2011 to Ben, then it could happen to anyone!
On Fathers Day, my brother Ben took his wife, close friend Joe, and his wifes female cousin to Pfohls Tavern to celebrate the birth of his daughter from the week prior. As soon as they arrived at the tavern, his wife and her cousin took seats at a table near the billiard area, while he went to the bathroom and his friend Joe went to the bar to get the first round of drinks. Upon my brothers return from the bathroom he saw two Native American men sexually harassing and assaulting his wife. Ben asked them to take their hands off of his wife, and at that George Printup pushed my brother, while his friend hit my brother in the head. Ben in self defense swung back at them, but at that point five other Native American men joined their two friends in beating Ben down to the floor. The group was punching, kicking, and stomping on my brother while he was lying on the ground. While this was happening, Ben grabbed the leg of the pool table to pull himself up from the ground and the beating he was receiving, and his wife and his friend where attempting to pull men off of him.
When Ben got back to his feet, he grabbed a pool cue and swung it at the men to keep them back. If Ben was looking to kill anyone, then at this point he would have used his knife, but instead he used a pool cue to simply leave the situation without anyone else getting hurt. My brother and his company then exited the bar through the side entrance. At this point, Ben couldnt find his car keys about his person, so he sent his friend in the front entrance to look for them so they could leave the area safely. The group of Native American men realized upon seeing Bens friend enter the front entrance that my brother was still on the premises and started approaching the side door Ben exited from looking to find Ben and continue the fight! When Ben saw them approaching through the bar window, he quickly wedged the door shut with his foot and shoulder. He did so to allow his friend enough time to return with the car keys, so they could leave the situation safely without further incident, and due to the fact that he couldnt just run away from the mob of Native American men, he was badly hurt and in no condition to evade them, and he didnt want to leave his wife defenseless for the group of men to have their way with.
As Joe was coming back from inside the bar from the front entrance and rounded the corner he saw the group of Native American men trying to push through the door and saw my brother wedging the door in an attempt to stop them. He saw a weapon and yelled to Ben to watch out theyve got a knife, and upon hearing that Ben couldnt see the knife or what was happening on the other side of the door, so he stepped back from the door. The group of Native American men then stormed through the door, and George Printup began slashing at Ben with his knife. My brother then took out his knife in self defense and stabbed George one time in the chest ending the fight. Ben did not stab him multiple times in an attempt to murder him, just one time so to end this fight!
After this all happened my brother and his party left the bar separately, without his car since he still couldnt find the car keys, as cars full of Native Americans started pulling up to the bar looking to join in the fray, and George went and sat down on a nearby bench. A police officer then arrived on the scene but was intercepted by a group of Native American men saying he went that way! Leading the police officer away from the scene without him making sure that George was taken care of. My brother turned himself into the police the next day to clear his name in good faith knowing he had done nothing wrong in defending himself and his wife. Benedict was only trying to do the right thing the entire time!
In regards to Benedict’s trial, all I can say is it was a farce from start to finish. With the beginning statement of the prosecution stating that he represented the Printup Family as opposed to the District Attorney representing the State of New York. This begs the question that if he was representing the Printup Family, how did they obtain his representation, did they pay the D.A. money? The last time I checked I had to pay good money for my brothers representation. The D.A. also tampered with defense witnesses in the case so not to testify in the case under fear of reprisal. The D.A. also looked to discredit my brothers wife by bringing up her past work experience when it had no bearing on the case. The D.A.s witnesses perjured themselves and admitted it on the stand saying “they didnt rehearse enough. The truth needs no rehearsal, it simply is the truth, and needed no doctoring! To add more insult to injury the lead investigator for the D.A.s office on this case Leverne Doctor, is from the same family, same tribe, and same nation as George Printup and the rest of the perjured witnesses, which is a major conflict of interest to say the least!
The judge on this case, Judge Anthony Aloi, after days of a hung jury being gridlocked in a decision on this case forced the jurors to come to a decision because he didnt want a mistrial. He said I want a decision on this by 11 a.m., I have other cases I need to get to. When dealing with a mans life there should be no outside pressure from anyone, much less the judge! Finally during the sentencing, the judge went above and beyond the usual sentencing for manslaughter after forcing a decision in the case, and gave Ben a second degree murderers sentence of 18 years. The judge did so in effort to as he stated to make an example out of my brother.
At the present time, my brother is incarcerated, and his case has already lost one appeal. He has 2 young daughters who need their father. I believe and know this to be wrongful imprisonment, and I need to shine some light on the subject of Justice, so I am here to proclaim my brothers innocence. An innocent man is sitting in jail for 18 years, while his family is falling apart! So I ask is there a constitution to protect our civil rights anymore? We will find out! I have sent you this in efforts to get the real story out there and bring enough public attention to this matter to cause some real change! We need to get Benedict Agostini out of jail, and I need your help! Everything I have stated here is a matter of public record, and is in the court transcripts.
Thank you so much for your time on this matter, and please feel free to reach me for comment at my email address: firstname.lastname@example.org. or email@example.com