New York Penal Law 490.20 makes it a D felony, punishable by 7 years in state prison, to make a terroristic threat, here is the full text of the penal statute:
S 490.20 Making a terroristic threat.
1. A person is guilty of making a terroristic threat when with intent
to intimidate or coerce a civilian population, influence the policy of a
unit of government by intimidation or coercion, or affect the conduct of
a unit of government by murder, assassination or kidnapping, he or she
threatens to commit or cause to be committed a specified offense and
thereby causes a reasonable expectation or fear of the imminent
commission of such offense.
2. It shall be no defense to a prosecution pursuant to this section
that the defendant did not have the intent or capability of committing
the specified offense or that the threat was not made to a person who
was a subject thereof.
Making a terroristic threat is a class D felony.
A man in Bronx, New York City, was charged with that crime under the following circumstances.
A young man, with two young children and a pregnant wife, was injured and received a workers compensation that was put into a joint account with the wife.
A housing court made a judgement against the wife and ordered automatic payment out of her account, which tapped into the workers compensation.
The young man came, with the pregnant wife and young children, to court to ask a judge to change the decision and return his workers' compensation money.
It was obvious that, when people are dealing with workers compensation, and housing court, and have two young kids and a child on the way, they are on the brink of a disaster.
It was in November of 2015, a cold month in New York City, so having no money and nowhere to go with young children and a pregnant wife is an awful thing at any time, but especially in the bitter cold of New York chilly fall and winter.
By the time Charles Adams went to court to ask to return his workers compensation money, multiple things went wrong.
- He was injured.
- His workers compensation attorney - if he had one - did not advise him that it was a bad idea to put his workers compensation money into a joint account with his wife, thus exposing the money to garnishing if his wife has any judgments against her, which is exactly what happened.
- His family landed in housing court - so obviously, he was not able to pay rent.
- A housing court made a judgment garnishing the young father's joint account with his wife - and thus his workers compensation money.
The first judge he went to was judge Robin Sheares.
That was already bad luck, because judge Robin Sheares was transferred from another court for unethical behavior, bias, improper tirades from the bench and, reportedly, for jailing a mother for not allowing her son to go visit a serial rapist father in Arizona state prison, as Judge Sheares ordered her to do.
Judge Sheares jailed the mother, reportedly, after an ex parte communication with the father's family, without the mother's presence - a big no-no for a judge. Judge Sheares was then disapproved for service as a judge by a judicial screening panel - but still remained on the bench, and was allowed to ruin more lives.
Judge Sheares is not a newcomer to the court system who lacks experience. Instead, she has been an insider of the court system, as a law clerk/ court attorney, since 1986, according to her biography that she published herself during her election campaign in 2007.
When Charles Adams, the young injured father, appeared in front of Judge Sheares and asked her to return to him his workers compensation money garnished out of his and his wife's joint account by the housing court decision, Judge Sheares asked for evidence.
Charles Adams then claimed that he was a "sovereign citizen" and does not answer to Judge Sheares authority.
Judge Sheares, instead of telling Charles Adams to go, consult with an attorney and then return to the court again, simply denied his application.
So, Charles Adams went to another judge, Judge Theresa Ciccotto, who reportedly asked voters in non-Jewish communities, but not in Jewish communities, to vote for "one of us" (Theresa Ciccotto is not Jewish), which many people, naturally, perceived as anti-Semitic. Theresa Ciccotto was at that point running against a Jewish judicial candidate Shlomo Mostofsky.
The "one of us" judge Theresa Ciccotto did not help Charles Adams and his family either - she simply refused to vacate another judge (Judge Sheares') order denying them relief - even though she knew that workers compensation money is not garnishable.
Just like that - Judge Sheares denied it, go to Judge Sheares for any other relief.
That's when the desperate young father lost it.
He recalled Article 2 of the New York Constitution - dealing with judicial misconduct and Commission for Judicial Conduct.
He told Judge Ciccotto that she and Judge Sheares will hang from the highest tree for treason IN FEDERAL COURT (not in the yard, at his hand). And, he pointed A FINGER at the judge and said "pop".
After that, Charles Adams was overpowered, shackled, arrested and indicted with a D felony under Penal Law 490.20, making a terrorist threat against a judge, and for a 2nd degree criminal contempt of court, a misdemeanor.
It is very likely that Charles Adams was charged with an act of terrorism because of the theories of "sovereign citizen" that he expressed to Judge Sheares - since the FBI, that same FBI that refused to prosecute Hillary Clinton for exposing high-clearance national security secrets to the whole wide world through a private e-mail server, consider civil rights movements of those relying upon
- the Declaration of Independence,
- the concept that People and not the government are sovereign (confirmed by the U.S. Supreme Court before enactment of the 14th Amendment in the infamous Dred Scott case), and the concept of
- "consent of the governed" that comes directly from citizens and not from the government -
Fortunately for Charles Adams, reason prevailed in the judge who reviewed his assigned lawyers' motion to dismiss the charge that Charles Adams allegedly made a terrorist threat, ruling that while Charles Adams' behavior under obvious stress did not help things - and even constituted criminal contempt of court - it was definitely not an act of terrorism.
Yet, with the criminal contempt charge remaining pending, what will prosecution do now - call Judge Theresa Ciccotto as a witness, and she will testify that Charles Adams came to her for help, she refused help, and she now wants him to have a criminal record because of his emotional response for that?
Shouldn't a "one of us" judge be a little bit more compassionate than that?
The case of Charles Adams demonstrates how a poor, and injured person, a father of 2, soon to be three children, is horribly wronged by the system, at 4 different levels -
- at the worker's comp level where nobody explained to Charles Adams not to put his workers' comp money into a joint account with his wife;
- at the housing court which garnished the worker's comp money of another person, and no lawyer protected that money from garnishment;
- at Judge Sheares' court where the judge denied a motion to restore justice and return the workman comp money to an injured man to be able to take care of himself and his family, just because he raised the "sovereign citizen" claim;
- at Judge Ciccotto court where Judge Ciccotto grossly over-reacted to the father's emotional distress and, instead of understanding what he was going through, preferred to simply have him shackled, in front of his pregnant wife and young children, and carted away to jail, and charging him with a D felony that would have kept him away for 7 long years.