THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"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).

“This 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, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"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.

“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.


Monday, November 30, 2015

And yet another stand-up comedy - John Muehl is appointed as a "special investigator" and prosecutor for investigation into burglary in our house

At 9:13 pm on Sunday, yesterday, November 29, 2015, I posted a blog criticizing the Delaware County District Attorney and now Delaware County judge-elect Richard Northrup of stalling and undermining a burglary investigation and prosecution into our home that occurred in September of 2013.

I wrote in that blog that DA Northrup did nothing regarding that case in two years, and when I requested evidence back from that "non-investigation", DA Northrup 


  • put himself between myself and where the evidence was, 
  • claimed that NOW the investigation is "ongoing" (while it was not ongoing for 2 prior years) and that now I am not allowed to see the incident reports or evidence that likely was lost, spoiled or hidden by now, 
  • that now the Delhi Village police does not have a confession that the police officers voluntarily told us some time ago they had, and
  • that they do not have our statements that they collected from us in September of 2013, and we need to "re-submit" our statements to Northrup as an investigator.


Here is the yesterday's blog.

6 hours and 10 minutes of Sunday-to-Monday night time later, at 5:23 am (!) today, DA Northrup sent me to my former law office email account an e-mail advising me that a special investigator and prosecutor has been appointed for the burglary investigation.

Of course, Northrup sent that e-mail to my former law office's account, knowing that my law license was suspended as of November 13, 2015 and that he should find other means of communication with me and especially with the second victim, my husband, than through my former law office.

Of course, I reasonably consider such conduct of judge-elect Richard Northrup as an attempt to entrap me into the criminal charge of unauthorized practice of law if I would answer him from that e-mail account.  

But, the content of that e-mail is really precious.  Here it is.


The special person who was appointed as the impartial special investigator and prosecutor, our champion to protect us, the victims of a burglary into our house is - ta-da! - the Otsego County District Attorney John Muehl, the star of my blogs about:


  • corruption of judge John Lambert and prosecutor John Muehl in the recently reversed case People v Michaels, 
  • corruption of John Muehl and judge Brian Burns (that story is not yet fully reported) in the case of teenager Anthony Pacherille; both as to the teenager defendant and his father and uncle - you can see all my blogs about Muehl by putting "John Muehl" into the search window on the right);
  • the prosecutor who has an obvious drinking problem, see my blog here;
  • the prosecutor who is systematically involved in ex parte communications with judges, and I am a witness to the fact that Muehl remains in the conference room with judges when defense attorneys leave that room and remains there until the next defense attorney comes in, and that John Muehl is in that room with the judge, police and probation officers, for some time before the defense attorneys enter;
  • the prosecutor who was sued for misconduct and escaped liability only because of "absolute judicial immunity";
  • the prosecutor who attempted to intimidate my own client to accept a plea bargain in a fabricated B-felony drug-related criminal case while not providing the key piece of evidence to me and my client (supporting affidavit for the search warrant) and while knowing that he did not have the main witness - Muehl tried to intimidate my client into accepting that plea by saying that if he doesn't, Muehl will re-indict my client with more and higher charges.  When my courageous client did not cave in and demanded to go to trial, Muehl folded and confessed he did not have his witness.  He did not reindict my client, as he threatened, and the case (a B felony!) was dismissed "on consent" because Muehl's witness - allegedly - disappeared.  Since we were never given a copy of that witness' supporting affidavit for a search warrant, we to this day do not know identity of the witness, content of the search warrant, or if that witness actually existed.

THAT is the prosecutor who was, of all people, appointed to investigate the burglary, attempted arson and intimidation committed at our home in Delhi, NY that was not investigated for 2 years, because our lives, as lives of critics of governmental misconduct in New York, are simply expendable.

THAT is the person whom we are supposed to trust to NOW give him our statements that he will compare with the incident reports created somewhere by the corrupt police Delhi Village Police Department who violated all possible procedures in investigation that they could violate, and who will have the pleasure to charging US instead for making some sort of false report.

He will have the whole-hearted support of the all judges who "serve" in our area who were ever criticized by my husband and myself through lawsuits, motions to recuse, complaints to the New York Glorified Shredder Commission (oops - that is, Judicial Conduct Commission) to do that.

And THAT is the "special", "honest", "impartial" man, the antihero of another blog - by Anthony Pacherille the father, the antihero of youtube videos by Anthony Pacherille and another videoblogger from Otsego County who exposed John Muehl's misconduct.  Just go to YouTube and type DA John Muehl in.

That is John Muehl who reportedly bullied a grand jury to indict a mentally ill teenager on a racist hate crime, bullied him into submitting to a plea "deal" and had him sentenced for 11 years in prison instead of being given a youthful offender status.

The teenager's father claims on his blog that he was contacted by a grand juror in his son's case who told him that he abstained from voting on the indictment because of how John Muehl was trying to coerce the grand jury to have a teenager indicted on a race-motivated hate crime.  

Anthony Pacherille's father claims on his blog, and it is reasonable for him under the circumstances to claim that, that Muehl was trying to advance his career on the back of his son by pretending to be a champion for minorities, while I can say that in my opinion, observing the racial composition of criminal defendants arraigned in Otsego County City Court and County Court, that John Muehl's exercise of "prosecutorial discretion" in disproportionately targeting minorities through criminal prosecutions, expose him as a racist.

To see how well backed up my opinion is, just visit Otsego City Court or to the Otsego County court to watch the "racial composition" of people who are being arraigned.

And remember, I am a minority myself, I am an immigrant and a Russian American, and I speak with an accent.  

That is the same John Muehl who tried to frame my then-client who had NO criminal record with a drug-related B felony while concealing (together with his buddy Judge John Lambert) the supporting affidavit for search warrant that likely does not exist along with the witness, and who tried to bluff my client into accepting a felony conviction and going to prison on a framed charge.

Guess what - my client in that now dismissed B-felony action was African American, an immigrant and spoke with an accent, and he was being ousted out of the area by the now-deceased (through a suicide) Oneonta mayor Richard Miller who was actively helped by the local police - and, necessarily, by John Muehl - to trump up fabricated charges and get the "likes of" my client out of the area where he was doing an impermissible offense - entertained minorities with music that they liked.

And guess what - John Muehl is likely the one, along with Judge Brian Burns, behind the raid of the Cooperstown police on the home of Anthony Pacherille's father to seize computers upon which the blog "Cooperstown Hall of Shame" criticizing Burns' and Muehl's corruption, was created.

Computers for my blog are a little far away for seizure by New York officials, who, like Richard Northrup, read my blog in the wee hours of the morning.

I am sure there was nobody more sober, more competent, more honest and more impartial to be appointed instead of the corrupt Delaware County District attorney Richard Northrup who reads my blog in the wee hours of the morning.

And - if John Muehl's disqualifications are not enough, here is the snapshot of the Otsego County DA's website featuring yet another "hero" from Muehl's DA's Office - his Chief Assistant District Attorney Michael Getman.




That is THE Michael Getman who represented my husband's co-defendant Connie Mokay in the so-called "Mokay saga" that led to my husband's disbarment through fraud of Richard Harlem - and Michael Getman - of which my husband received sworn proof that indicates that attorneys Richard Harlem, Eric Jervis and James Hartmann definitely and Michael Getman likely should be investigated and prosecuted, charged with fraud upon the court and, if convicted, then disbarred.

We are actually considering, given the circumstances, who would be the impartial public official to even handle such a criminal case against 

  • son of a judge Richard Harlem, 
  • James Hartmann, husband of Delaware County Family Court judge-elect Gary Rosa's law clerk Nancy Deming, and 
  • son of a judge and Chief Assistant Otsego County DA Michael Getman.  


That is THE Michael Getman who is a likely witness to fraud of son-of-a-judge Richard Harlem in that "Mokay saga", at least draft affidavits of his client Connie Mokay against my husband were never provided to me in discovery as Richard Harlem's "work product" (Richard Harlem is suing Connie Mokay), so Richard Harlem, I guess, co-represents defendant Connie Mokay with Michael Getman in the Mokay action, with all judges happily accepting anything, any abominable, unlawful and stupid crap, as long as that crap comes from sons of judges.

That is the Michael Getman who appeared on April 7, 2015 at the ex parte Mokay trial and told Judge Kevin Dowd ON RECORD (I have the transcript) that his client, a co-defendant in the action, is "more aligned" with opponents of my husband.




With the above statement, Michael Getman earned from Dowd permission to leave the trial on damages (while his client was a co-defendant) in order to go do something else, more important to Getman than properly representing his client Connie Mokay.

In fact, by coming to the ex parte Mokay trial on April 7, 2015, Michael Getman, a full-time employee of Otsego County, with a reported annual salary of $52,159, as per seethroughny.org



already violated his duty to Otsego County taxpayers, since he appeared in a private case during time for which he was paid as a criminal prosecutor by Otsego County taxpayers, and in a case where he represented a person who admitted under oath to committing fraud - a private job that was starkly contrary to his duties as an investigator and prosecutor of crimes in Otsego County.  

But, since Otsego County Attorney Ellen Coccoma, the wife of Chief Administrative Judge for upstate New York Michael Coccoma who regularly employs pretty-face disgraced female attorneys as very "special" counsel (see also a report here indicating that the pretty-face fraudster and judge-elect Christina Ryba accepted the job offer), does the very same, represents private clients on county time and on taxpayers' dime - I guess, son of a judge Michael Getman can certainly do the same with impunity.




By the way, Otsego County Attorney Ellen Coccoma is a very "special" counsel for a Binghamton law firm Hinman, Howard & Kattell, advisor of state and federal judges, while she occupies the full-time position of Otsego County Attorney (the picture is old, by the way, Ellen Coccoma does not look in reality as young as the pretty-face "special counsel" of her husband, the moralist and churchgoer and "elder leader" Michael Coccoma):



At the same time, Ellen Coccoma is a full-time Otsego County Employee, and her salary, as reported by seethroughny.org, is $75,349 per year, making any of Ellen Coccoma's work for HHK's private clients and presence at court proceedings during day time for her private climate a theft of public money.



Ellen Coccoma, as the County Attorney, is also responsible to provide legal review of FOIL request.  Yet, legal review is not a legitimate reason to delay release of public records.

At this very time, Ellen Coccoma is stalling my FOIL request to provide copies of HER OWN time sheets for the times she was involved during County time paid by taxpayers - in private cases paid for by Hinman, Howard and Kattel private clients.

And, she is stalling my FOIL request into emails of Otsego County employees, which are also public records.

The declared reason for stalling is the "legal review" which cannot be used as a legal reason (no pun intended) for such stalling.

I guess, if I ask for timesheet of Michael Getman for April 7, 2015, I will be similarly stalled by Ellen Coccoma, after all, the two of them are siblings-in-crime.

But back to Getman and his involvement, through a private client, in a case against my husband.

Since Michael Getman, the Chief Otsego County Assistant District Attorney, according to his own words stated on record in court as recently as on April 7, 2015, 


  • is "aligned", along with his client, against my husband, and is a witness, along with his client, against my husband, and has been for the last 7 years 
  • since Getman's client provided an affidavit against my husband in the Mokay case, 
  • since the appeal from the Mokay action is still pending, with Getman's private client who is "aligned" against my husband as a party to that appeal, 

the office where Getman is a Chief Assistant DA cannot in anybody's bad dream be assigned as a "special investigator" into a case where I and my husband are
victims of a violent crime, a burglary, possibly an attempted arson and likely an intimidation of witnesses of official misconduct.

I wonder who signed that order of appointment.

I wonder whether materials from the investigation into burglary in my own house that I was not allowed to see by Richard Northrup are now in the hands of John Muehl and his office, with Michael Getman having access and thus irreversibly tainting a criminal felony investigation.

I would be delighted to have been that proverbial fly on the wall to hear the accompanying conversations before that order was signed.

Alas, I did not have the pleasure to have been that fly on the wall.

Of course, I will not provide any information to the disqualified DA Muehl or his office.

Of course, this "appointement" will not stop me from continuing to expose John Muehl's misconduct.

And, of course, this "appointment" will not prevent me from continuing to report on the Anthony Pacherille story - as I promised, and, as part of it, on the lawsuit of Anthony Pacherille - father against John Muehl for misconduct and grave constitutional violations.

And you know what, my dear County Court judge who signed that interesting order of appointment of yet another corrupt local investigator and prosecutor to investigate and prosecute what is left of the burglary case into my home - if you cannot offer anybody better than Muehl and his disqualified office for a "special investigator", just hand me over the evidence collected at my house.  

I will hire a private investigator of my choice to do the job.

An honest one.




1 comment:

  1. again I say, I wish there was a way to bring this criminal to justice-he prosecuted my son, and although my son is guilty, he should have been given a lighter sentence. this man looks on cases as victories, he doesn,t see the people as individuals

    ReplyDelete