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PRESS RELEASE

​Harmless Error or System Failure?

Dutchess County Family Court Dodges Accountability in Evidence Mishandling

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Dutchess County, NY, [October 15, 2024] – Dutchess County Family Court is facing serious scrutiny after Judge Jeffrey C. Martin relied on the harmless error doctrine to excuse the use of unadmitted exhibits in a critical case. The court referenced at least eight exhibits that were never properly admitted into evidence, raising significant concerns about procedural fairness and adherence to legal standards. Although the court later removed references to these exhibits in an amended order, the damage may have already been done, as these exhibits could have influenced the court’s initial decision.

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In reviewing the court's decision in a complicated Constructive Emancipation that took years to litigate, John Pontillo, the pro se litigant in the case, discovered a line in the decision and order that referenced evidence never admitted during the trial. After questioning the issue, the court acknowledged that unadmitted evidence had been improperly used. Despite this, it took months for Pontillo to obtain specific details due to delays from the court. Eventually, it was revealed that at least eight unadmitted exhibits were inadvertently used in the decision-making process. While the court later amended its order to remove references to the unadmitted exhibits, it argued that their use had no impact on the outcome—a claim Pontillo finds deeply questionable.

“By the time the court removed the references, it was too late,” said Pontillo. “Those exhibits may have already swayed the decision. You can’t unring that bell. The court’s explanation that it had no impact is not just insufficient, it’s unfair.”

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Judge Martin’s use of the harmless error doctrine has drawn criticism for failing to adequately justify why the error was harmless. The fact that the court initially relied on unadmitted evidence, only to later amend the order after the fact, casts doubt on whether the court’s ruling was free from bias and whether proper protocols were followed.

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Pontillo is now urging other pro se litigants and attorneys who have recently lost cases in Dutchess County Family Court to carefully review their case rulings. He advises that they cross-check the schedule of exhibits with the court’s decision to ensure no unadmitted evidence was improperly considered. Doing this due diligence could help uncover similar errors that may have impacted other cases.

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“Using unadmitted evidence isn’t just a harmless mistake—it undermines my right to a fair trial,” Pontillo emphasized. “The court’s decision relied on exhibits that were never properly introduced, and they dismissed my concerns without sufficient justification. This is not how justice should work.”

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Concerns About Systemic Failures in Dutchess County Family Court

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The mishandling of evidence in this case underscores broader concerns about Dutchess County Family Court. The initial reliance on non admitted exhibits, followed by a later amendment claiming no impact, suggests that proper legal procedures may not have been followed. The harmless error doctrine is meant to excuse only minor mistakes, but it cannot be used to overlook significant procedural failures that influence the court’s judgment.

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“What happened here should not be dismissed as a simple error,” said Pontillo. “The court cannot hide behind legal doctrines to cover up failures in their procedures. People depend on the court system to make decisions that follow the law, and when that doesn’t happen, it’s a failure for everyone involved.”

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Next Steps

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John Pontillo intends to appeal the ruling, pushing for accountability in how evidence is handled in Dutchess County Family Court. If successful, the appeal could lead to a reconsideration of the case and potential reforms in the court’s handling of evidence, ensuring that future litigants receive fair trials.

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As public scrutiny grows, this case may prompt broader questions about how effectively Dutchess County Family Court applies legal standards in its decisions. Pontillo is calling for greater transparency and accountability within the judicial process.

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For media inquiries or more information, please contact:
John Pontillo  - 845-220-6179

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