The 1978 Cipolla Case was presented for over 33 consecutive years as one where Diane Thompson was harassed into "dropping the criminal charges." But, there never were criminal charges filed against Cipolla in 1978, and Cipolla was never in handcuffs. In as much, there is a difference between a private criminal complaint and "the issuing of process." There is a difference between a private criminal complaint and an indictment .. an arrest.
Furthermore, no magistrate would tell a recently arrested defendant to go home and come back tomorrow for the arraignment, as Mrs Randy Engel claimed in her 2016 fictional horror story of Anthony Cipolla. Arraignments are designed to see IF the defendant gets to go home. The two main questions addressed in any arraignment is 1] Is the defendant a flight risk? and 2] Is the defendant a danger to anyone in society by which he needs to be confined, to keep people safe from harm?
The Media's subsequent sensationalism of the Cipolla Case
The 1978 Anthony Cipolla Case was a case presented by the media as one where the prosecuting of Cipolla was solely dependent on Diane Thompson keeping the charges filed. And it was claimed that she was confronted by a squad of "suits" who forced her into signing a sheet of paper which officially dropped criminal charges which were never filed in the first place. Very simply, the 1978 case didn't even get to the stage of filing charges or dismissing the case as lacking evidence.
Moreover, according to the media, once Diane Thompson "dropped the charges" that no prosecutor ever filed, then no one anywhere on Earth had the power to criminally indict Cipolla ever again, concerning her 1978 accusations. So, Cipolla got to run free, according to journalists who either don't know a thing about American law or who are avowed liars who additionally think that you are gullible.
There is one known legal procedure which makes the thesis statement of the 1978 case 100,000 percent FALSE. It's known as the:
PRIVATE PROSECUTION, and Diane Thompson could have prosecuted Cipolla herself, under the complete monitoring of an assistant DA, as a private prosecutor. But, she needed evidence. And contrary to what Randy Engel stated, there was no DNA evidence test results that were even possible in such a short span of time. Moreover, if you were to gloss over the 2018 PA Grand Jury Findings, there was no mention on any record of semen being found on Tucker Thompson's clothes.
Thus, even concerning the false way in which Randy Engel described the 1978 Cipolla Case, if Diane Thompson would not have withdrawn her private citizen's criminal complaint, and even if the judge would have declined to issue process against Cipolla, thereby refusing to put Cipolla in handcuffs, Diane Thompson still could have kept the case alive.
The sheet of paper she signed on August 28, 1978 did NOT irrevocably & permanently close the case. The Law of Double Jeopardy closes a case. THEREFORE, Until a jury issues a verdict ... or until a Judge takes the case away from the jury and simultaneously issues a directed verdict ... or until the judge presiding in a "bench trial" officially issues "a finding" ... Double Jeopardy is not yet activated, and case can get re-opened.
The Success of the Case was NOT dependent on Thompson. PERIOD.
Even if Thompson refused to sign the withdraw of her July 1978 private citizen's criminal complaint, and even if she were to have boldly walked into the hearing room, it didn't mean that the Cipolla would continue. It didn't mean that the Cipolla would not be dismissed by a judge who LATER expressed his suspicion over Diane Thompson's accusations.
No matter what, the case would not have ended on August 28th, 1978, IF Diane Thompson responded by petitioning the court to become the private prosecutor of that one case. Diane Thompson still could have had her day in court, concerning her damning 1978 accusations against Cipolla. It might have been one or two years later, but she would have had her presentation heard by those in power.
Let us review for the eighth, ninth, or tenth time, so that maybe a few people will suddenly understand how the Pennsylvania Rules for Criminal Procedure worked in the late 1970s. But first ...
... one more quick educational note. In 1974, the was the Pennsylvania Grand Jury Act. There was also the 1976 Grand Jury Act. In 1974, something known as an "indicting grand jury" was abolished, leaving only "investigating grand juries" in Pennsylvania.
This meant that even after Diane Thompson withdrew her private criminal complaint, if there really were someone in the PA State Justice Dept who believed in Diane Thompson, that person could have persuaded a member of the Allegheny County DA's office to finally get a real indictment filed, even a year or two later.
The bottom line is this: The 1978 Cipolla Case was NOT permanently closed with no hope of legal recourse, on August 28, 1978. All of that stuff that Randy Engel wrote in 1978 was complete fiction.
In fact, her narration of a 1978 arrest which NEVER happened, and of 1978 prelim trials which NEVER happened ... and of a 1978 arraignment which NEVER happened was the description of procedural anarchy. That 2016 article proved that Randy Engel did NOT know the first thing about the Pennsylvania Rules of Criminal Procedure.
One more time, for Randy Engel followers too stubborn to believe that she is actually human and not the infallible & divinely chosen reporter of God
Firstly, Diane Thompson did NOT file criminal charges in 1978. She filed a PRIVATE CITIZEN'S CRIMINAL COMPLAINT. All such complaints required the approval of the local DA's office or a local judge, concerning state jurisdiction crimes. They still do, today.
Moreover, law tutorials report that prosecutions initiated by private citizen criminal complaints have been, as a trend, extremely low in percentage, compared to all the prosecutions transpiring in the USA.
Now, there was an August 28th, 1978 Probable Cause Hearing scheduled which was too see IF there were any just cause to file criminal charges against Anthony Cipolla, in the first place.
The existence of that hearing being scheduled was proof that the DA's office did NOT elect to indict Cipolla. Thus, the determination of whether or not Cipolla was going to be indicted, arrested, arraigned, and processed was now dependent upon a judge.
The big lie of Randy Engel was in her NOT describing the scheduled probable cause hearing as a hearing which was to transpire before any arrest was made. Engel very FALSELY made it sound as if Cipolla was already charged, arrested, and arraigned, and was going to a post-arrest prelim hearing, in August of 1978. Randy Engel LIED in her description.
Here's a quick lesson: The difference between a preliminary hearing and a probable cause hearing used to be this: The probable cause hearing occurred before any arrest was performed. The preliminary hearing occurred after an arrest & arraignment was made. Then after the 1974 & 1976 Grand Jury Acts, a probable cause hearing and a preliminary hearing became synonymous.
The point to such a hearing is to show the magistrate that there does exist substantial enough evidence and/or corroborating witnesses to legitimize a prosecution of the accused. If no evidence or concurring witnesses are produced, then the hearing ends with the entire case being dismissed. Such a case can only get re-opened, if someone shows-up with evidence never-before-presented.
Back to the 1978 Case which was severely misinterpreted by Engel
Okay now, the media and Randy Engel made it sound as if no one anywhere could get Cipolla arrested, arraigned, and put on trial, after Diane Thompson dropped the case in 1978. That was and is one BIG LIE. Someone in the local justice department could have gotten the case re-opened without the help of Diane Thompson.
For example, the sole detective assigned to the case could have persuaded the DA's office a year or two later, to officially ask a judge to order the creation and convocation of a grand jury, for the sole purpose of investigating Anthony Cipolla ... without a single signature from Diane Thompson.
But, the detective needed to present some kind of newly emerged evidence or corroborative witness to re-open the case. He did NOT do so. None the less, observe:
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For the record, Randy Engel FALSELY stated that two detectives were assigned to the 1978 Cipolla case, named Nehouser and Fogle. She furthermore stated that those two fictional detectives supported Thompson through and through, begging her to not let herself be intimidated into "dropping the charges," being that Engel claimed that she was the only person on Earth who could get Cipolla sent to trial and then to prison.
The truth is that Detective Nehouser was Uniformed Police Officer Mark NINEHOUSER, and Detective Fogle was Uniformed Police Officer Bob Fogle. Those were the two officers who responded to Diane Thompson's July 25th call to the police. They went to Thompson's apartment and spoke with Diane Thompson only once ... and then never again. There was a sole detective in the 1978 Cipolla case; Detective McG...
All in all, the fate of the world was NOT in the sole hands of Diane Thompson, in 1978.
Reminder of Engel's DNA falsehood ... with NEW expert tutorials
As well, Diane Thompson completely lied when she said that Tucker was taken to the hospital in July of 1978, and at the hospital DNA test results identified Cipolla as a molester of Tucker within a couple of days, followed by Cipolla being in handcuffs.
Well, proof that this is another big lie consists in the fact that DNA testing in 1978 was NOT conducted in hospitals, as Randy Engel falsely claimed. It was conducted in NIH labs. And test results took longer than an average of 52 days to produce, according to the latest professional sources. The tutorial below show without a doubt that Randy Engel's claim that Tucker's semen being tested in hospital and then being quickly identified as belonging the Anthony Cipolla was and is one big lie.
Between July 25th, when Thompson called the police, and August 28th, when Thompson withdrew her private citizen's criminal complaint, only 35 days transpired. That was NOT enough time to get a positive DNA test result.
The 2016 Engel article is so egregious that those involved in its writing, editing, publishing, and maintenance online should be sued literally for millions of American dollars. They should be subjected to other legal repercussions of their digital version of crying wolf, emotionally traumatizing a heart patient, and being the blatant cause of his cardiac arrhythmia death, being that he read the specific accusations long before November 30, 2016. He read it shortly before his August 2016 death.
Even at that, it was beyond pathetic that Engel added the most disrespectful comments about Cipolla after his death. Even in death, Engel will not allow you to be at peace.
BTW, back in the 2010s, whenever Randy had an online article that just wasn't getting enough views, she would have me post it on my Marian website, to see if it would get a higher number of hits.
And I mentioned previously that she, Mike Ference, and I were once interviewed simultaneously on some kind of internet radio talk show.
And she did edit one of my Wuerl-of-Hurt posts. This is mentioned to show that Randy and I were not strangers to each other. We are now, though.
