"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.
“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).
case illustrates to me the serious consequences to the Bar itself of not
affording the full protections of the First Amendment to its applicants for admission.
For this record shows that [the rejected attorney candidate] has many of the
qualities that are needed in the American Bar. It shows not only that [the
rejected attorney candidate] has followed a high moral, ethical and patriotic
course in all of the activities of his life, but also that he combines
these more common virtues with the uncommon virtue of courage to stand by his
principles at any cost.
It is such men as these who have most greatly honored the profession of the
law. The legal profession will lose much of its nobility and its glory if it is
not constantly replenished with lawyers like these. To force the Bar to become a
group of thoroughly orthodox, time-serving, government-fearing individuals is to
humiliate and degrade it.” In
Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429
(1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong
dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan,
“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.
"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.
Thursday, August 27, 2015
Delaware County District Attorney Richard Northrup confirmed under oath that Derek Bowie's uncle works for his office as an investigator
I now have in my possession two documents that show misconduct of the Delaware County Sheriff's Department and of the Delaware County District Attorney Richard Northrup who is currently running for a judge in Delaware County.
Here are the documents.
The first one is an affidavit from the Meredith Town Judge.
The second one is a sworn Answer by Delaware County District Attorney Richard Northrup to the Petition for a Writ of Prohibition by Barbara O'Sullivan against Judge Lambert of Delaware County.
On page 1 in paragraph 3 of the Answer Richard Northrup admits that he employes Derek Bowie's uncle as an investigator in his office.
On the same page in paragraph 5 Richard Northrup denies that employing the uncle of the alleged victim of Barbara O'Sullivan as to events of September 18, 2014 (who is also a perpetrator of a deadly crime against Barbara O'Sullivan on September 5, 2014 which is "coincidentally" not prosecuted by Richard Northrup's office) disqualified him from prosecuting Barbara O'Sullivan.
Richard Northrup explanation of his position is that Derek Bowie's uncle allegedly did not participate in the investigation of Barbara O'Sullivan and that Richard Northrup did not talk to Jeff Bowie about Barbara O'Sullivan's case.
The point though is not whether Richard Northrup had conversations with Jeff Bowie about prosecution of Barbara O'Sullivan or not, but whether there was an appearance that Richard Northrup made a decision to prosecute the victim of his employee's nephew instead of his employee's nephew for the benefit of his employee.
Richard Northrup knows rules of disqualification very well. He regularly steps down from cases where there is even an appearance of impropriety.
Yet, in this case, he sticks to it like glue, being fully aware that his continued prosecution of Barbara O'Sullivan looks increasingly political and increasingly self-serving and serving the Bowie clan rather than the People of the State of New York and of the Delaware County.
I will remind my readers of the situation with Derek Bowie.
1. On September 5, 2014 Delaware County Sheriff's Deputy Derek Bowie commits a crime of vehicular assault and attempted murder of Barbara O'Sullivan on her property, by intentionally smashing Barbara O'Sullivan with an open door of a moving police vehicle while backing up into her. At the time of assault Barbara O'Sullivan was videotaping misconduct of Derek Bowie, and Derek Bowie was trying to smash the tablet in Barbara O'Sullivan's hands, even at the expense of her life.
2. That same night, Derek Bowie, who obviously did not report the incident with the vehicular assault which left Barbara O'Sullivan injured and shaken, to his authorities.
Instead, he arrested Barbara O'Sullivan's daughter, and brought her for an "arraignment" to the Meredith Town Court (even though the arrest warrant was from a Family Court on an Article 6, child custody proceeding - and Family Court does not have criminal jurisdiction, and admitted as of August 31, 2014 that it had no jurisdiction even over the custody proceedings).
In Meredith Town Court, according to a sworn statement of Judge Field, Derek Bowie showed an attitude to the judge and adamantly required that Barbara O'Sullivan's daughter be incarcerated despite the judge's order to release her on her own recognizance. The judge refused to change his order.
At the time of his "strong suggestion" to the judge to jail the daughter, Derek Bowie was already disqualified from handling cases of both mother and daughter because he committed a crime against the mother.
The portion of the audio file with that portion of the arraignment went mysteriously "missing" from the judge's court-assigned laptop, raising questions as to who exactly tampered with evidence to destroy proof of retaliatory behavior of Derek Bowie against the daughter of his victim.
Yet, the Meredith Town Justice, in an extraordinary step, provided an affidavit to the young lady explaining at least that Derek Bowie adamantly insisted on setting the bail for Barbara O'Sullivan's daughter, even after the judge already released the young lady on her own recognizance. Derek Bowie explained his desire to put Barbara O'Sullivan's daughter in jail, right after he assaulted Barbara O'Sullivan with his vehicle, because, as the judge states in his affidavit, he was planning on September 5, 2014 to bring more charges against Barbara O'Sullivan's daughter. The judge still released the young lady.
3. Derek Bowie remained on the team investigating both Barbara O'Sullivan and her daughter, he was not taken off duty and was not investigated for his misconduct of September 5, 2014. Delaware County Sheriff did not even try to talk to Barbara O'Sullivan and verify circumstances of assault by its employee upon her with the of a deadly weapon - a police vehicle.
4. On September 18, 2014, Derek Bowie showed up on Barbara O'Sullivan's property, with arrest warrants against her and her daughter on charges that Derek Bowie promised to bring to the Meredith Town Justice on September 5, 2014, right after his assault on Barbara O'Sullivan.
Derek Bowie did file such charges, which he was disqualified to file because he was involved in a crime committed at that same time.
Yet, Derek Bowie did file charges and did obtain arrest warrants of both Barbara O'Sullivan and her daughter from the Delhi Town Justice Richard Gumo (recently disciplined for misconduct). Richard Gumo is a judge who considers it appropriate for himself to host Christmas parties for local public officials and people connected with them. Richard Gumo had as a guest at such a Christmas party Barbara O'Sullivan's estranged brother Peter Bracci whom Barbara O'Sullivan sued on allegations of wrongful death of her father and fraudulent depletion of her father's Estate.
Issuing the warrants and presiding over cases of Barbara O'Sullivan and her daughter under the circumstances looked like a direct favor to Peter Bracci by Judge Gumo - as well as a favor to the District Attorney's office that employed Derek Bowie's uncle.
Moreover, the prosecuted who handled the felony hearing in front of Judge Gumo was John Hubbard who, according to my information from a reliable source, is related by marriage with Barbara O'Sullivan's other estrange, her sister Mary Bracci Hallock who was also a defenant in the wrongful death lawsuit.
John Hubbard personally admitted the relationship to Barbara O'Sullivan, but did not do that at the time he was handling the felony hearing.
The fact that the District Attorney Richard Northrup, the current judicial candidate, picked Derek Bowie as a victim instead of a perpetrator of a violent crime against Barbara O'Sullivan committed earlier than any alleged acts of Barbara O'Sullivan against Derek Bowie, and is now prosecuting Barbara O'Sullivan practically on behalf of his employee, shows voters in Delaware County what they can expect from Ricahrd Northrup once he gets on the bench as a judge.
It is going to be the law of connections, the law of kissing cousins and local clans, and not the law of the State of New York that Richard Northrup will be applying on the bench.
Don't let Richard Northrup occupy that bench. It will be a 10+ year disaster for you and will mean destruction of many lives in order to please people with whom Richard Northrup is connected.
And, the question remains as to how a portion of the audio file disappeared from Judge William Field's computer, in the Meredith Town Court.
I believe, an investigation is in order as to how did that happen - did the judge or his employee simply erase a portion of the arraignment file to eliminate the proof of just how "strongly" Derek Bowie "suggested" to put the daughter of the victim of his criminal behavior in jail, in sheer abuse of his power as a police officer.
Audio recording in justice courts is usually conducted through the judge's laptop equipped with a special recording software. Normally, only the judge and the clerk of the court must have access to that computer. There is no explanation as to why a portion, and a specific portion of the audio file disappeared from the judge's computer. I wonder if any authorities will investigate what happened with the recorded audio file - how it happened and, actually, WHO happened TO that file.
Stay tuned as to how Richard Northrup shamelessly continues to make "discretionary" decisions not to prosecute his employee's nephew for a vehicular assault and attempted murder, but instead to prosecute his employee's nephew's victim in a case fabricated by his employee's nephew against his victim.
It would have cost Derek Bowie his job and career had Richard Northrup prosecuted him for what he did to Barbara O'Sullivan.
Barbara O'Sullivan is a retired and disabled corrections officer, and Richard Northrup does not care a rat's ass as to what will happen to her - all he wanted to do is to protect the relative of his employee from a disaster.
Corruption in Delaware County is such a routine thing that Richard Northrup, apparently, does not even recognize it (or at least pretends not to recognize it) when it is screaming back at him from the mirror.
Yet, for normal reasonable people, Richard Northrup's corrupted prosecution of Barbara O'Sullivan is very obvious.
And that corrupted prosecution should prevent Richard Northrup from getting on the bench, should cost him his law license and should get him criminally prosecuted.