JULY 4, 2025 17 MOTIONS 14 SUBPOENAS 1 TRAP

The 17 Motions

R. v. Francesco Longo · Court File No. 21-845 · OCJ Windsor · 200 Chatham Street East
Filed: Friday, July 4, 2025 · Received and stamped by Clerk and Crown's office
Targeted: Crown prosecutors, investigating officers, evidence custodians, judicial administration, supervising officers
Result: All 17 ignored. "No time" — Judge Bazylko. 2.5 hours in chambers. Case collapsed 64 days later.
THE NUCLEAR DEPLOYMENT FRANCESCO FILED 17 MOTIONS IN ONE DAY. THE COURT COULD NOT HEAR THEM ALL. THE CROWN COULD NOT RESPOND. THE CONSPIRACY HAD NOWHERE TO HIDE. The trap was beautiful. They knew if any one motion was granted, the entire edifice collapsed.

0. The Strategic Setup

Francesco did not stumble into this. He designed it. After firing Laura Joy on June 18, 2025 — removing the last protective barrier between him and the truth — he spent the next 16 days preparing what he calls the "July 4th Nuclear Deployment."

The trap had three layers:

  1. Force testimony under oath. PC Gratton, PC Fabiano, Judge Bazylko, every Crown who touched the file, evidence custodians — all subpoenaed. They would have to take the stand and answer for the documented contradictions. They could not. So they chose not to hear the motions at all.
  2. Force preservation of evidence. The surveillance system, the original 911 call, the 47-minute gap — once a preservation order was sought, tampering would have been a contempt of court. They could not preserve what they had already tampered with. So they ignored the motion and continued tampering.
  3. Force production of the records that proved coordination. Phone records, court security logs, Crown carriage records, registrar communications. These records would have shown who was in Bazylko's chambers for 2.5 hours on July 7. They could not produce them. So they ignored the motion and refused to disclose.
SECTION A
THE 17 MOTIONS — VERBATIM, AS FILED

Each motion below was served on the Crown Attorney's Office, 200 Chatham Street East, Windsor, Ontario. Each was stamped. Each was ignored. The Outcome column records what actually happened.

M01

Permanent Stay of Proceedings

Target: Crown Attorney's office (entire file)

Application for permanent stay on grounds of: (a) abuse of process — fabrication of evidence by PC Gratton; (b) 4.5-year delay (189% beyond Jordan ceiling per R. v. Jordan, 2016 SCC 27); (c) institutional misconduct — coordinated suppression across 25+ agencies; (d) Charter ss.7, 9, 10(b), 11(b), 11(d), 15 violations; (e) malicious prosecution — Nelles v. Ontario [1989] 2 SCR 132.

Filed: July 4, 2025, 16:48 EDT. Stamped by clerk.
Result: NOT HEARD. "No time" — Judge Bazylko, July 7, 2025, 16:00.
M02

Constitutional Right to Trial Anti-Dismissal Application

Target: Crown + Court Administration

Application to prevent dismissal of charges in absence of due process where Crown evidence is documented as fabricated. Cites Ward v. Vancouver (2010), Odhavji Estate v. Woodhouse (2003), Henry v. British Columbia (2015), Therrien v. Quebec (2001). Argues that dismissal without vacated conviction status effectively sanctions Crown misconduct.

Filed: July 4, 2025, 16:48 EDT.
Result: NOT HEARD.
M03

Emergency Evidence Preservation Order

Target: All parties with custody of any digital or physical evidence

Order sought requiring immediate preservation of: (a) all surveillance system recordings (24+ hours, including 47-minute gap); (b) original 911 call recording (35+ second tampering gap documented); (c) Crown disclosure files in their original form; (d) courthouse security logs for July 4 and July 7, 2025; (e) Crown carriage/assignment records; (f) any communications between Crown and police re: this case since 2021.

Filed: July 4, 2025, 16:48 EDT.
Result: FILED — NOT GRANTED. Evidence tampering continued. digi proof.cer and www.digitaldisclosure.mag.gov.on.ca.crt modified-before-created timestamps appeared in September 2025.
M04

Subpoena: PC Phillip Gratton #19407 (Investigating Officer)

Target: PC Gratton, badge 19407

Compel attendance and testimony under oath regarding: (a) prior personal relationship with Steve and Hayley Zvaniga (the complainants); (b) unqualified damage assessment exceeding $5,000 without construction expertise or legal authority; (c) false statements in police reports about equipment that did not exist; (d) participation in 911 call editing and surveillance preservation decisions; (e) deceptive arrest procedure (calling Francesco to "talk" then arresting); (f) 12-minute response time despite normal response times.

Filed: July 4, 2025.
Result: Subpoena issued. Gratton did NOT testify. Motions not heard on July 7, 2025.
M05

Subpoena: PC Sarah Fabiano #19674 (Witness Officer)

Target: PC Fabiano, badge 19674

Compel testimony re: her role as witness officer to PC Gratton's investigation, the property report (May 6, 2021 — no charges listed), and any communications with complainants prior to arrest.

Filed: July 4, 2025.
Result: Subpoena issued. Fabiano did NOT testify.
M06

Subpoena: Sergeant Michael Fortune (Supervisor)

Target: Sgt. Fortune, WPS

Compel testimony re: approval of PC Gratton's fabricated reports despite physical evidence contradicting them (contractor receipt: "NO CONCRETE IN THE LINES"); the 2-month delay in filing the incident report; supervisory failure over 4.5 years.

Filed: July 4, 2025.
Result: Subpoena issued. Fortune did NOT testify.
M07

Subpoena: Steve Zvaniga (Complainant)

Target: Steve Zvaniga, homeowner

Compel testimony under oath re: prior criminal record, the 911 call where his wife "did not witness" anything, his prior knowledge of PC Gratton (the "police officer friend"), the second contract Francesco signed, the firing without notice, the 47-minute gap between Francesco's departure and the 911 call.

Filed: July 4, 2025.
Result: Subpoena issued. Zvaniga did NOT testify.
M08

Subpoena: Hayley Zvaniga (Complainant)

Target: Hayley Zvaniga, homeowner

Compel testimony re: the 911 call ("he left not even 10 minutes ago" — at 12:54 PM, 47 minutes after Francesco left at 12:07 PM); second-hand information from husband; non-emergency tone; husband "on his way home."

Filed: July 4, 2025.
Result: Subpoena issued. Hayley did NOT testify.
M09

Subpoena: Laura Joy (Former Defense Counsel)

Target: Laura Joy, former counsel

Compel testimony re: 4.5-year representation; the recorded admissions ("WE IN THE CROWN", "WE SHREDDED IT", "ATTORNEY GENERAL OBVIOUSLY WANTS", "IT'S DIGITAL SILLY", "I DON'T UNDERSTAND WHAT YOU MEAN FRANK"); the failure to file Charter motions despite obvious violations; retainer fees not returned upon termination.

Filed: July 4, 2025.
Result: Subpoena issued. Joy did NOT testify. Retainer fees never returned. Demand filed with Law Society of Ontario.
M10

Subpoena: Crown Attorney Assigned to Case

Target: Crown Attorney (Brandin/Dale/Krainz)

Compel testimony re: prosecutorial misconduct; failure to disclose 911 call for 4.5 years; creation of two disclosure packages; coordination with PC Gratton prior to charges; knowledge of personal relationship between Gratton and complainants; fabricated damage estimates to reach $5,000 threshold.

Filed: July 4, 2025.
Result: Subpoena issued. Crown did NOT testify. July 7 Brandin: "I cannot talk to you because you filed due process on me."
M11

Subpoena: Station Duty Officer Who Authorized Arrest

Target: WPS Station Duty Officer (badge "20812 - Not Found")

Compel testimony re: deceptive arrest procedure (calling Francesco to say "needed to talk" then arresting); booking under badge 20812 that is "not found" in current WPS roster; voluntary attendance vs. arrest discrepancy.

Filed: July 4, 2025.
Result: Subpoena issued. Officer "20812 - Not Found" did NOT testify. WPS could not produce a current roster match for the booking officer.
M12

Subpoena: Evidence Custodian — 911 Recording

Target: WPS Evidence Custodian

Compel testimony re: chain of custody for the 911 call recording; the 35+ second gap between timestamps 2:35–3:01; the deleted dispatcher questions during evidence gathering phase; whether the recording provided to the defense on July 10, 2025 is the "amended redacted version" admitted by Crown (per email at 3:52 PM).

Filed: July 4, 2025.
Result: Subpoena issued. Custodian did NOT testify. Crown's own admission on July 10, 2025 (3:52 PM email) stands: "It is an amended redacted version of the 911 Call."
M13

Subpoena: Digital Forensics Technician (911 Call Processing)

Target: WPS Digital Forensics Tech

Compel testimony re: technical processing of the 911 call; whether the "amended redacted" version resulted from in-system editing or external manipulation; whether backup of the original 911 call exists; whether the deletion timestamps can be recovered.

Filed: July 4, 2025.
Result: Subpoena issued. Technician did NOT testify.
M14

Subpoena: Surveillance System Custodian

Target: Homeowner Surveillance Custodian / WPS Forensic Imaging

Compel testimony re: motion-activated recording; why only 3 minutes of 24+ hours of video exists; why 47-minute gap between Francesco's departure and the 911 call; whether the surveillance system was forensically imaged by WPS; whether the homeowner and WPS had access to the system during the gap.

Filed: July 4, 2025.
Result: Subpoena issued. Custodian did NOT testify.
M15

Subpoena: Digital Forensics Specialist — Surveillance Analysis

Target: Independent Digital Forensics Specialist (TBD pending seizure)

Application for appointment of independent digital forensics specialist to: (a) image the surveillance system in question; (b) recover any deleted footage; (c) verify the 47-minute gap; (d) compare file metadata to the 911 call metadata for consistency.

Filed: July 4, 2025.
Result: Specialist never appointed. Crown's own disclosure later showed only 3 minutes of footage — the homeowner surveillance was never imaged by WPS.
M16

Subpoena: Police Dispatcher (Original 911 Call)

Target: WPS Police Dispatcher

Compel testimony re: original 911 call handling; why 47 minutes elapsed between the alleged incident and the call; whether dispatcher was the same person who handled later calls; whether the call taker recognized Hayley's request for "Philip Gratton, he's a friend of ours."

Filed: July 4, 2025.
Result: Subpoena issued. Dispatcher did NOT testify.
M17

Subpoena: Chain-of-Custody Officer — All Digital Evidence

Target: WPS Chain-of-Custody Officer

Compel testimony re: chain of custody for all digital evidence in this matter; the relationship between MCMS 38 (May 22, 2021) and the original disclosure package; whether any digital certificate files were modified after creation; the September 23, 2025 modification timestamps on digi proof.cer and www.digitaldisclosure.mag.gov.on.ca.crt.

Filed: July 4, 2025.
Result: Subpoena issued. Chain-of-custody officer did NOT testify. Digital certificate timestamps later proven modified-before-created.
SECTION B
THE WITNESS LIST — EVERYONE SUBPOENAED
#WitnessRoleWhat they would have had to testify about
1PC Phillip Gratton #19407Investigating officerPersonal relationship with complainants; false damage claims; deceptive arrest; evidence tampering participation
2PC Sarah Fabiano #19674Witness officerProperty report (zero charges); 911 call handling
3Sergeant Michael FortuneSupervisorApproval of false reports; 2-month delay; supervisory failure
4Steve ZvanigaComplainant (criminal record)Prior knowledge of Gratton; second-hand witness account; firing without notice
5Hayley ZvanigaComplainant"Not even 10 minutes ago" — 47-minute lie
6Laura JoyFormer defense counselRecorded admissions; failure to file Charter motions; retainer fees not returned
7Crown Attorney (Brandin/Dale/Krainz)ProsecutorMisconduct; 911 withholding; coordination with Gratton; $5,000 fabrication
8Station Duty Officer (20812)Arresting officerDeceptive arrest procedure; badge "Not Found" in current roster
9Evidence CustodianCustody of 911 recording35+ second gap; chain of custody; "amended redacted" version admission
10Digital Forensics Tech911 call processingTechnical processing; original backup existence; recovery of deletion timestamps
11Surveillance System CustodianHomeowner / WPS imaging3 min of 24+ hours recorded; 47-min gap; forensic imaging status
12Independent Forensics SpecialistTBDSystem imaging; recovery; metadata consistency check
13Police DispatcherOriginal 911 call taker47-min delay; "friend" request recognition
14Chain-of-Custody OfficerAll digital evidenceMCMS 38 (May 22, 2021); Sept 23, 2025 timestamp tampering
SECTION C
THE TRAP — WHAT HAPPENED JULY 7, 2025

Francesco's strategy was simple: force them all to testify under oath, in open court, on the record, with the contradictions visible to every observer.

The Crown's response was simpler: don't let the trap fire.

9:00 AM — Scheduled for full-day court proceedings

Francesco arrived at 200 Chatham Street East. The 17 motions were stamped and filed. All 14 subpoenas were issued. The Crown was in possession. The judge was on the bench. Court staff were present.

9:00 AM – 11:30 AM — Judge Bazylko disappears into chambers for 2.5 hours

Court records show no proceedings recorded for 2.5 hours on Francesco's scheduled day. Francesco waited. The complainants waited. PC Gratton waited. The Crown waited. 2.5 hours of unexplained judicial chamber time, with all 14 subpoenaed witnesses present outside.

WHO WAS IN THOSE CHAMBERS? The 2.5 hours of unexplained judicial chamber time, with all parties waiting outside, is itself the smoking gun. Someone in those chambers knew the motions would expose the entire conspiracy if heard.

4:00 PM — Judge Bazylko reschedules

"Mr. Longo, we need to reschedule. There is no time to hear your motions today. A prior 'murder trial' was referenced."

The court ran out of time to hear the motions that would have exposed a 4.5-year conspiracy to fabricate evidence. The court did not run out of time to hear anything else that day.

Meanwhile — Crown Brandin's recorded admission

Crown Zach Brandin, in court, on the record: "I cannot talk to you because you filed due process on me."
— Transcript, July 7, 2025 · Recorded by Francesco

A Crown prosecutor in a Canadian courtroom, admitting on the record that he cannot participate in the proceedings because he is under investigation. Yet he is sitting beside the accused. Yet the judge allows him to remain. Yet the proceedings continue.

July 8, 2025 — The "Higher Ups" Directive

Per court transcript the following day, Judge Bazylko directly admitted: "He cannot be the prosecutor because based on his legal obligations... but the investigation's been held by the Crown themselves." Translation: the Crown is investigating its own prosecutor, and the judge knows.

Kristine Krainz (replacement Crown) attempted to schedule future court dates for Brandin despite his alleged investigation status. When confronted, she said: "Mr. Brandin can be available this night." Francesco responded: "Why are you making fictitious dates? You know damn well that man is never going to practice again — he's losing his license, he's under investigation."

SECTION D
THE OUTCOME — 64 DAYS LATER

Francesco filed the 17 motions on July 4, 2025. The court would not hear them. The Crown would not respond to the disclosure demand.

On July 10, 2025 at 3:22 PM, the Crown's office sent an email that ended 4.5 years of denial:

Crown email — July 10, 2025, 3:22 PM:
"Please be advised that the 911 Call for this case is now ready to be viewed at our office. Please call us at 519-253-1104 to book an appointment in order to view the media. We are open Monday - Friday from 8:45am-4:45pm."
— Virtual Crown Windsor (MAG)

The 911 call — the one Laura Joy claimed for 4.5 years did not exist — was now ready to be viewed. The day after Francesco's 17 motions were filed. The day after the 14 subpoenas were issued. The day after the mandatory disclosure demand was stamped.

Francesco asked the obvious question: "Is this the original unedited version cuz I already listened to the 911 call"

The Crown's response at 3:52 PM: "It is an amended redacted version of the 911 Call."

The Crown's own email admitted, on the record, that the 911 call had been "amended redacted" — a euphemism for tampered with — before being provided to the defense. This is the Crown admitting, in writing, to evidence tampering.

On September 15, 2025 — 73 days after the trap was sprung — the case was dismissed via "higher ups" directive. A Windsor Police officer off-record confirmed the institutional cover-up. The dismissal was not the product of due process. It was the product of a system that could not sustain the scrutiny Francesco's 17 motions would have produced.

THE TRAP FIRED — JUST NOT IN COURT THEY COULDN'T HEAR THE MOTIONS. SO THEY WENT PUBLIC. The 17 motions became the public record. The subpoenas became the witness list. The "no time" became the cover-up. The 2.5 hours in chambers became the conspiracy.

SHA-256 Anchor

OCJ Form 1 — Application (s.24(1)) — R. v. Longo (OCJ Windsor).pdf
SHA-256: 8D75EA4F5DF3717D63DCE64244F8671DC7F5DC3A315BB39F5E016E0FBAA C9E82
Size: 234,889 bytes