Having spat on a boring legal procedure, I was closed in a pre-trial detention center, and by 8 months all who feel like it - within the restrictions imposed by a stage of criminal case and official capacity, - squeezed out of my family money. And I, at last, let out, justified, but all the same as though a little bit despised, reflect, what it for forces which are in the service of good, - my investigators, the opera and wardens?
Wishing to take legal casuistry, can address to the section "Oleg Moskvin's Business" on a human rights site hand-help.ru. Judging by numerous allocations and notes in the text of the 18-page verdict of not guilty laid out there, the party of charge it was succeeded to amaze strong not only protection, but also the worldly-wise judge.
Briefly about background of business. For one of the Tallinn newspapers I write about a crime, in particular about narcotransit. As - that on the Internet to me was succeeded to enter into the relations with 19 - the summer addict, the student of prestigious Moscow higher education institution. The girl took the virtual interlocutor for the addict looking for the new horizons. Once I mentioned the future Petersburg supply of "ecstasy" to Moscow, having declared the commission charges in 100 thousand rubles if I have in mind a serious buyer. Began to smell "the Baltic transit" - a subject of my journalistic investigations. Than not reason for closer acquaintance? I just was in Russia.
"TO US ON THE DRUM EVERYTHING, EXCEPT MONEY"
The meeting occurred on June 5 last year in Sokolniki. And at once as - that sidewise, muttering unintelligible apologies, the girl retired, having left instead of itself four molodets: oper of Department of Internal Affairs Devyatkin's "Falcon" with Gridin and with them two half-drunk subjects, so subsequently and not established neither a consequence, nor court.
One of subjects shouted that the Internet - correspondence watches mine, that I brought to the girl of 100 thousand rubles of an advance payment per lot "ecstasy" and better I would spread them подобру - поздорову. I at themselves had no 100 thousand. The invention on - to a lung рубануть from me a money failed.
And then, as at cinema, I earned the plan of "B". You don't want to assume a role of the buyer - you will take a role of the seller. Drunk I shouted in phone: "Well, found? Bear here! " On call my addict - the student - the beauty materialized. It held a small bottle from - under kefir.
As in court the operative Gridin claimed later, the girl then wasn't is searched, detained - her left with this small bottle allegedly filled with drugs, directly there, on a venue so-called quickly - search action, and the others, including me, "physically resisting", decreased in regional department (hour one and a half rolled me around the city, trying to incline to bribe payment in 100 thousand rubles).
During meeting the judge took an interest at oper: "From what you took, what the transaction of purchase and sale took place also what exactly with the defendant? "
"It gave a signal! I began to smoke a cigarette", - were the opera.
"You gave it cigarettes? "
"No, your honor! " - the operative Gridin assured.
"The court discloses the protocol of survey of the "purchaser" made before expeditious action, - the monotonous voice of the judge began to sound. - … According to the protocol at it the passport and phone were left. From where cigarettes and a lighter undertook? "
"Perhaps I gave? " - Gridin asked the judge.
The hall quickened.
"And what you laugh? " - I didn't understand tired with justice of operas. Holding accusation прокурорша hurled: "There is a wish to cry with such indications! "
But it was then. And a year before the opera were noisy and cheerful. "You got, - they shouted, shaking by a small bottle, - here drugs which you before our eyes just sold".
There, in park, I, without feeling tychok of my escorts flying into a prebribery passion as hypnotized I looked at the tattooed hands of one of them, stupidly thinking, who these people: bandits or cops?
Soon I ceased to doubt - we arrived to Department of Internal Affairs. The chief of criminal militia got acquainted with me conscientious Hook in a cheekbone, and the chief of criminal investigation department (the kind police officer) treated with apple juice and so colourfully told about the trip to Estonia that I immediately wanted there (and the hell with her, with discrimination). Behind the story - on - kind, without pressing - the chief Ugra raised a bribe bar to 200 thousand. From juice and from a good attitude I softened and agreed on figure, having, however, the malicious plan to collect material traces of extortion.
For a start I asked to bring my phone that in search of money to ring round acquaintances and relatives. Phone already was considered by then as the material evidence and was packed together with other contents of my pockets.
For the reference: in order to avoid abuses of militiamen the procedural law demands to withdraw material evidences in the presence of witnesses, to pack and fasten packing by their signatures, thereby minimizing possibility of manipulations with objects of future examinations. Not procedural opening of packing conducts to recognition of proofs by the inadmissible.
Other aspect. Interested persons can't be witnesses. On a place of their my detention wasn't at all. Except for those two drunk. One of them as my addict whispered to me then, officially was understood week earlier at a search at her home and is not only the friend of oper, but also the intermediary for receiving bribes. However, that also didn't think to conceal the purposes, admonished at detention: "Think, the man, think! To us on a drum everything, except money".
Several months later, at acquaintance with case papers, incognito burst - I saw the search protocol in the apartment at the addict. As witnesses there was Alexey Tolmatsky with the spouse Natalya.
As a result of that room search my "business" also was started turning - at the girl found 15 tablets and suggested it "to hand over" somebody in exchange for freedom (in two months Savelovsky court for storage of drugs in a large size, considering repentance and the help, really I appointed it a penalty of all in 5 thousand rubles). I don't want to tell the name of the girl - her broke, for certain now it is a shame to her.
By the way, about the tattoos which have hypnotized me. Recently there was an opportunity to admire them on the understood Natalya Tolmatskaya's who is page, as well as 15 million more Russians, someone's schoolmate ру. They together with the spouse are depicted half-naked, apparently, to Goa. Stars on his knees are obviously visible in photos. On criminal concepts to such headdresses has the right only staunch camp "отрицалово". Authority on pickup at oper?
Tolmatsky deciphered by diligence of the wife didn't dare to be in court, forcibly didn't manage to deliver it too - from the last address was written out on court 3 years ago. Question:how casual, not the witness known to operas from a room search in a week suddenly appeared together with them in Sokolniki and actually directed expeditious action?
WHITE PACKAGE OF VIOLET COLOUR
After leapfrog with detention, without having waited for a bribe, to me hastily imputed "political" article heavy at present: sale of drugs in especially large size.
It was a question of 20 tablets "ecstasy" which have been given out in Department of Internal Affairs in three hours after expeditious action by again materialized addict. Different participants of process them called that gray, white, green, round, oblong. All met in one - on a surface of tablets the sign of Fishes was forced out. The expert described drawing as two arches turned by cambers to each other and crossed in the middle of a direct cross-piece later. Gridin above-mentioned operas on a request of the judge to describe the tablets given out by "purchaser", as always, was firm: "Sign of Fishes, your honor! - also I specified: - In the form of delfinchik". Hello to experts.
Lawyers promised me average 12 and if carries, on a minimum - the eight, well and if all heavenly forces are on my party, five - six. On TV just showed - to my fellow countryman, the trucker from Estonia, under the same article gave the twenty.
As all was a question - about years, I couldn't agree with lawyers. They paid by my wife, laughed her in a face, drummed about all-Russian half-percent criminal justified and about zero whole, the zero tenth justified under concrete article 228-1, part 3. And it changed lawyers and set the purpose - a justification.
In the first evening Gridin, having referred to the reference about the express - research of the tablets, dated why - those 19 hours earlier, than they were given out by the addict, transferred materials to investigative department, where Yurkina's brothers (the chief and the investigator), undersigning the friend for the friend, in turn were engaged in production on my criminal put.
Even on the citizen it is impossible that brothers went in submission one at another. Doubly it is impossible to do it in militia. The Criminal Procedure Code directly forbids relatives to investigate the same criminal case. But the Department of Internal Affairs "Falcon" is a special jurisdiction. I am not a provoker, but I want to report to lawyer community: Ostankino court officially relationship established fact Yurkinykh. Re-read attentively the cases of the clients investigated in "Falcon". If there appear Yurkina, it is possible to reflect on a supervising protest.Difficulty in recognition of violation consists that at Yurkinykh not only initials and surnames coincide, but also signatures.
Confusion was shown in everything. Tablets were packed into a white plastic bag (according to the delivery protocol), and for examination arrived violet (according to the examination act). The expert invited in a court session for an explanation of this puzzle, gracefully helped out charge, having declared: "Everything is explainable. For examination to me the white package of violet color" arrived.
Without having satisfied with a state of affairs with packing of material evidences, court Yurkinykh interrogated investigators and accepted at them put Agafoshina.
Yurkin it was necessary more difficultly, than to the expert. The subtlety of supervision inherent in experts, investigators, probably, doesn't suffice. During investigation the PDA withdrawn from me and my personal 20 thousand rubles, stored alternately with subput to me were gone at detention in 10 thousand, so-called purchasing money. Yurkina thumped in court without any krasivost that department of militia robbed. As at them in Department of Internal Affairs only one safe is well closed, all withdrawn lay not in it. The thief separated one notes from others, took away personal, without having touched material evidences. On theft to initiate proceedings investigators didn't guess.
However, notes - material evidences too didn't reach court. Them wrote off for "waste". As the embezzler the same operative Gridin acted. During preliminary investigation, on August 11, 2007, on this regrettable circumstance it was interrogated by the investigator Agafoshina, and he frankly admitted that made waste on August 13 same 2007.
In the quoted dates there is no disagreement. To time current, as well as there is a lot of still to that in the territory of the Department of Internal Affairs of SAO, it is peculiar to be distorted. The "bought" tablets there investigate one days prior to withdrawal, embezzlers admit wastes for two, interrogation of "purchaser" about the circumstances accompanying "purchase", is written one half a day prior to "purchase", material evidences withdraw when it simply physically couldn't be.
There is such stick - a lifesaver at militia, "the technical mistake" is called. Charge tried to throw it Agafoshina, but that claimed that interrogated "purchaser" and withdrew from it any confused fragment the Internet - correspondences on August 2, as well as is specified in protocols. To the judge to bring to reason her, it was necessary to request the protocol of a court session from Savelovsky court - "purchaser" that day just judged.
SCHOOL WITH THE BIAS
Now we approach to a psychological point of demolition of criminal case. Here it is necessary in detail.
Agafoshina took and performed inspection of money, with such regret left in badly being closed safe the thief supporting justice. In the course of survey it "became clear" that numbers coincide with numbers of the notes issued to "customer" for carrying out test purchase. For the purpose of an exception of bad doubts of Agafoshin made after survey a piece of paper that gave the examined money for responsible storage the opera to Gridin. And from that, as we know, and accusers cry.
To avoid charge of slander, I will be expressed hypothetically: what is necessary for the fictitious protocol of survey? "Pocket" witnesses are necessary! Their investigator Agafoshina also found.
But also the lawyer found which - that: on Odnoklassniki.ru site this Agafoshina Lyudmila Olegovna's page. And these witnesses flaunted at Agafoshina in the section "Friends", representing idea of impartiality.
One understood - her schoolmate on school with training Spanish, number 1252. Another - just a friend. Judging by photos which have at the same time appeared on a site from Thailand, their friendship is close that doesn't harm certainly to objectivity.
It is heavy to prove interest of the witness. But we recognized that to confess in friendship with witnesses even heavier. Also the vessels began to wait. In the camera I rehearsed aloud as I will expose the schoolmate. Cellmates were divided into two camps: sceptics and careful optimists.
At last began. One was only the schoolmate, Maria Borzenkova. Speaks: "I went by militia, and I was invited by an unfamiliar sledovatelnitsa, and I began to participate in survey of money".
The lawyer sparkled points and on a question of the judge, whether there is something at us to understood, nodded on me: "At the defendant is".
For a start I asked it: "Earlier you took part in similar investigative actions? " It was the easy question. The witness Maria honestly answered: "no".
Then I asked other question. Frankly speaking, it contained provocation. I asked: "And this sledovatelnitsa who invited you, her surname э - э... " - here I rustled with the pieces of paper, having twisted so that Maria understood: the sledovatelnitsa Agafoshina Lyudmila Olegovna of my thoughts at all doesn't occupy also t of and item t. I a little more поэкал also finished a question: "You it incidentally don't remember a surname? " Maria answered: "no".
"You more never met it? " Maria answered negatively.
"Before too? "
Maria smiled and patiently answered: "no".
I turned back to the judge: "Your honor, I will begin, only let nobody disturbs me! "
"You, - I speak, - the witness, it is casual in 1252-й to school weren't trained? "
Maria from this point already instead of "no" answered each question "yes".
"You precisely remember it? "
"Incidentally, school not with the Spanish bias? "
Prokurorsha writhed in mute hysterics. The judge derived pleasure (forgive for self-confidence, your honor).
"You there studied not from 1990 to 2001? "
"And Luda Agafoshina incidentally together with you there didn't arrive 18 years ago? "
Maria by this time answered already with one only lips. But all heard it well. Also condemned. Even escort.
"Odnoklassniki.ru", - the judge murmured.
I sang a hosanna to the komitetchik which have thought up as the rumor claims, Schoolmates: "Your schoolmate Luda Agafoshina and the investigator Agafoshina Lyudmila Olegovna - the same person is casual not? " Maria looked at me and was silent.
Here the judge joined. It is sympathizing, on - fatherlike: "Can such be, and, Borzenkova? "
Maria they are everything I told: as Luda called it, asked to arrive and certify.
Finally I couldn't keep: "Whose idea was to give false evidences - yours or the investigator Agafoshina? " Prokurorsha began to prove abnormality of application of the term "false testimonies" in a flowery style. And the judge again decided to participate: "Give - I right now will ask".
It appeared - idea joint. But the prosecutor didn't let matters drift: "Tell, the witness, what you are schoolmate Agafoshina, whether affected your objectivity? "
"Not - е - ет", - the witness was delighted.
Prokurorsha, encouraging a smile: "Well and why it was necessary to conceal this fact, and? "
"Because it is bad - about - about - about".
Judge (secretary): "Note. NOT - HO - RO - THAT! " And - хрясь on a table! And then to the lawyer: "You will attach something? "
The lawyer just pulled out in this world the Internet listings.
On that my trip to Moscow also ended. The issue with travelers here only still isn't resolved. Edition bounces to the Ministry of Finance of the Russian Federation. Speak, days of the Russian prison are estimated rubles in 300 - 400.On a bottle of average cognac for day of drivings on a destiny chariot. And again I can't agree with such figures. I study practice of Eurocourt.
FROM THE HALL VESSELS
Sentence for a consequence
"Oleg Moskvin's business" is made comments by Sergey Kostyuchenko, the judge of the capital Ostankino court who has acquitted the defendant
To admit, I long thought, whether it is worth taking out the separate resolution to the investigative crew working over this business. I came to a conclusion: sentence, completely justificatory, - more than sufficient evaluation of the work of a consequence in it indeed unprecedented business. First of all unprecedented by number of the violations allowed by investigative crew.
The tragicomedy if not to consider that from - for all this behind a lattice carried out eight months the innocent. Why such business in general appeared in court? I believe that here business not only as the consequence, but also in how business with public prosecutor's supervision in this district is. We in the Ostankino court serve Severo - the Western district, case investigated in next Northern, but the Savelovsky court in which, in principle, this case had to be heard, considered necessary to readdress it to us. Motivation: the incriminated crime allegedly occurred in our territory. With jurisdiction under the law we have no to argue the right: business - be so kind as came, consider.
Having considered, I will state hope that is the first and last business which arrives to us in such unattractive look. Certainly, both the defendant, and his lawyers produced a lot of evidence of innocence, however I think, what even without them I could understand and pronounce the same sentence. Consequence work in itself too obviously went in the "violation on violation and violation drives" mode to be estimated any otherwise.