Local Attorney Wins Discovery Motion in Tiffany Valiante Case
As the age old saying goes ... Justice delayed is justice denied.
That's almost always the case. But, not this time!
I strongly believe that justice will soon be served in the Tiffany Valiante case.
Tiffany Valiante died on the evening of July 12, 2015, just two hours after leaving her parents (Steve and Diane) home, she was killed by a moving train.
Incredulously, the New Jersey Transit Police Department put out a public statement in less than 24 hours, calling Valiante's death a suicide.
Since this rush to judgment, all actions taken to date have been centered on supporting only the suicide conclusion.
Vailiante's family and all who knew her unconditionally reject this theory. Attorney Paul D'Amato, who has diligently worked this case for five years calls it "Confirmation bias."
This means that they immediately arrived at a false conclusion, but, refuse to look at anything that disproves their one and only conclusion.
It has been confirmed many times over that Valiante was not suffering from depression. She was in fact very excited about her life; which included going to her job, college (which was about to begin), organized sports and a range of other social activities with friends and family.
In the past five years, not one person has come forward to share any recollection of Valiante being suicidal, or, the least bit depressed about anything.
D'Amato confirmed today that the train that struck Valiante was not a scheduled train. There is no way that Valiante would have known that the train would be there.
It's also so hard to believe that Valiante had walked 5 miles while wearing no shoes or shorts.
Also, it is confirmed that Valiante suffered from Nyctophobia, an extreme fear of night or darkness.
Valiante was even afraid of darkness within her own home or other indoor surroundings.
To believe the New Jersey Transit Department and Medical Examiner, Valiante would have had to walk 5 miles in extreme darkness, whereby you couldn't see anything without a flashlight.
Again, she wearing no shoes or shorts. Also, her cell phone (which she was never without) was ditched (outside) near her home and was not with her during this alleged 5 mile walk.
I've personally walked the terrain. It is rough in nature. Traversing it barefoot in the pitch dark, her feet would have been dirty and roughed-up. Yet, it is proven that her feet were pristine clean at the time of her death.
It just doesn't add up.
Many with knowledge of the evidence (myself included), believe that Valiante was the victim of foul play. It must also be noted that Valiante was hit by the side of the train and not head-on.
To his credit, Atlantic County Superior Court Judge John Porto was open to take a fresh look at D'Amato's newest motion to reopen discovery and achieve what they've been asking for (for) five years; to have the DNA from the scene tested.
Yes, there's been DNA sitting for 5 years, which is a public disgrace and such a disservice to The Valiante family, who have deserved better.
D'Amato says there will be a hearing before Judge Porto this Wednesday, December 9, 2020.
D'Amato also confirmed that he will be submitting a new motion (as early as today) for Judge Porto to order the release of the DNA and DNA card.
This motion should be approved as soon as possible.
Judge Porto noted that D'Amato's persistence in this case weighed on his decision to grant the motion to reopen the discovery phase, thereby paving the way for DNA testing.
D'Amato would like the DNA evidence transferred to the high respected Dr. Julie A. Heinig, Laboratory Director of Forensic Services/DNA Technical Leader of Forensics at DNA Diagnostics Center at the University of Toronto, Cincinnati, Ohio area.
D'Amato noted that the New Jersey Attorney General has always been very cooperative. From the beginning, the problem has been with the New Jersey Transit Police Department and the Medical Examiner.
However, complicating this matter is the fact that it is the New Jersey Attorney General's Office which represents the New Jersey Transit Police in this matter.
D'Amato also confirmed this morning that the national television program, "Unsolved Mysteries" wants to do a one hour program about the Valiante case, when the Coronavirus pandemic is resolved.
Also hindering this case is that the New Jersey Transit Police allowed the crime scene to be contaminated from the beginning by alleged bad police work.
In talking with D'Amato and reviewing the case evidence, it appears that people not highly trained in conducting investigations of this kind have been tasked with doing so.
The civil law suit seeks to have the New Jersey Transit Police confirm all of the evidence that they have and reveal if any evidence has been destroyed.
D'Amato confirmed on-air this morning that the state never performed a rape kit. The state admits to this.
The Valiante case is no longer a "cold" case and must not ever be allowed to become one ever again.