EVOLUTION OF JUDICIAL TYRANNY:

"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).


“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.


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 cos
t.
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.







Saturday, December 24, 2016

Beware of Greeks (from the Delaware County, NY, Sheriff's Department) bearing gifts, or Merry Chritmas in Delaware County, New York

It was still "ha-ha-ha, we are above the law" in Delaware County on October 28, 2016 when Sharon O'Dell, Delaware County Clerk against whom I filed a criminal complaint for knowingly filing a multi-thousand-dollar fraudulent money judgment was allowed by judges Gary Rosa and Richard Northrup the use of a courtroom (the grand jury room) in the Delaware County courthouse to celebrate her abrupt "retirement".

The "ha-ha-ha" was complete with sushi - which Judge Northrup helped himself to, balloons and pictures of laughing Sharon O'Dell next to the laughing Delaware County Sheriff Thomas Mills, featured in prison garb, behind bars and against the word "LOCKDOWN" painted in blocks on the brick wall behind them.



Sending a message to all the public that Sharon O'Dell is above the law and that Sheriff Thomas Mills - who was charged with criminally investigating Sharon O'Dell - will never do anything against her, being such a good buddy of hers, and that the court system, all fed sushi and entertained with balloons and food, will never do anything to her too, being the great buddies of hers that they are.

In December of 2016, the Delaware County Sheriff's Department suddenly started a "Random Acts of Kindness program", soliciting donations and distributing gifts and gift cards to, as Delaware County Undersheriff Craig Dumond claimed, "unsuspecting" residents of Delaware County - I filed a FOIL request for the list of the lucky recipients of gifts and gift cards from Delaware County Sheriff's Department.

But, since, having lived in Delaware County for a long time and having worked against its government as a civil rights, criminal defense and Family Court attorney, and knowing that all Delaware County officials know is corruption - I smelled the rat in their "random acts of kindness" - and the rat did not linger in making its appearance.

Apparently, not only I filed a complaint against a Delaware County public official - County Clerk Sharon O'Dell.

The New York State police also lodged a complaint against the former Delaware County Commissioner William Moon (who quickly resigned recently amid claims of self-dealing, rigging of public contracts and misconduct).

First, in 2012, Richard Spinney, the alcoholic, misogynist and potty-mouth Delaware County Attorney and a bosom friend of William Moon and assistant county attorney-turned-Family Court Judge Carl F. Becker retired with an "honor plaque" for "services".


The one on the left is Spinney, the one on the right, giving out the "honorary plaque", is James Eisel, the longtime Chairman of the Delaware County Board of Supervisors, see Eisel (center) being sworn in in January of 2014 by O'Dell (right), with the help of Delaware County Board of Supervisors' Clerk Christa Schafer (left), the staller of FOIL requests - out of the three, only Schafer currently remains in her position:




Then, at the end of 2014 Delaware County Commissioner of Social Services William Moon resigned  - at the time New York State Comptroller was investigating the Department of Social Services for the use of County cars like it was their own, and giving out no-bid contracts for millions of dollars.

Then, just at about the time when the Comptroller was to release his report, Moon's and Spinney's bosom friend, the former Delaware County Department of Social Services attorney, and then Delaware Family Court Judge fixing Delaware County DSS cases Carl F. Becker




announced he will "retire" - and "retired" at the end of July of 2015, after just having been elected in 2012 (by fraud upon voters) for a coveted 2nd 10-year term, then Becker quickly put his house up for sale and, reportedly, disappeared from Delaware County.

At the end of October, 2016, Delaware County Clerk Sharon O'Dell abruptly "retired" less than 3 weeks before the election and while not announcing her retirement in advance, so that somebody could run for her elected position in 2016 elections - and "retired" right after my criminal complaint against her was filed and a request to impeach her and take her off her position.


In December of 2016, Delaware County Sheriff Thomas Mills, the one that is supposedly investigating Sharon O'Dell, suddenly engaged in "Random Acts of Kindness" giving gifts and gift cards to undisclosed "unsuspecting" recipients in Delaware County on a massive scale - considering the alleged list of donors at the very least:




When the police is given gifts of money by businesses, and when the police then gives out gifts to individuals, under any pretexts - which is what is happening, combined with giving away, by the Delaware County Sheriff's Department, of gifts and gift cards allegedly bought with those "donations" from businesses, to an undisclosed list of recipients, raises the following issues:

  1. Did businesses give to the police voluntarily or was the publishing of the list of "donors" just a front to avoid accusations of racket-for-protection by the Delaware County Sheriff's Department - at the time when the Sheriff's Department is supposed to investigate the same public official (William Moon) who the FBI is also investigating, and the Sheriff's Department is not sure whether the assignment for them to investigate is just a litmus test of how corrupt they are - as if there is any doubt about that... 
  2. Especially that many, if not "donating" businesses on the list deal with cash, what kind of violations, if any, Delaware County Sheriff's Department may have promised not to prosecute in exchange for donations?  I am not saying that DID happen, but what I am saying is that there is an APPEARANCE, when the police collects money from businesses, that the police then owes those businesses favors - and that smacks of corruption, which is unacceptable.
  3. Who are the people who received gifts from the Delaware County Sheriff's Department?  What was bought by the Sheriff's Department with those gifts? Past and future silence from witnesses of misconduct of public officials in Delaware County? A strong appearance of that exists when the police rides around distributing gifts and gift cards, at the time an FBI investigation is looming over the County.


Here is a tentative timeline of what was occurring in Delaware (and Otsego) Counties from September to December of 2016:


(Onondaga County is within at least a 3 hours' drive across from Otsego County, and is the seat of Chief Administrative Judge for the 5th Judicial District James Tormey, sued for mysoginistic misconduct three times, all three times by females - an court attorney, a court interpreter and a private attorney, once resulting in a $600,000 settlement, and the seat of the head of the National District Attorney's Association, law school buddy of Tormey William Fitzpatrick who engaged in a scheme to extort, intimidate and retaliate against a judge, but was never charged or prosecuted for it, and seat of U.S. "magistrate" David Peebles, former prosecutor who now tosses civil rights lawsuit in NDNY).

Through the agreement, Onondaga County now acts, without public approval or public bidding on contracts, as a "purchasing agent" for Otsego County.  I will run a separate blog analyzing this cozy deal, but that was happening during the FBI investigation of no-public-bidding contracts, including purchasing contracts in Delaware County;






  • At about the same time, two scathing articles by local media exposing improprieties in conduct of Delaware County Department of Social Services (Moon), Delaware County District Attorney's Office (Northrup and Jeff Bowie) and their improper connections were erased from the Internet (I have preserved them on file);


Here are the full texts of the erased articles, one and two.



  • On December 14, 2016, Richard Spinney's successor, and Becker's and Moon's friend and confidant Delaware County Attorney Porter Kirkwood suddenly resigned from his $127,917 a year position claiming that, after he has lost his bid for Delaware County Family Court judge - in which losing, I am proud to say, I helped Porter Kirkwood a lot with my blogs (just run his name in the word-search window on this blog to see all my blog articles about him that "helped" him not to be elected) - claiming that he is resigning from a complete sinecure paying $127,917 for doing nothing because ostensibly the Unified Court System of the State of New York for the Southern Tier offered him more;
  • on December 20, 2016, a criminal complaint was filed for investigation of the Delaware County Sheriff by the New York State Police against the former Delaware County Department of Social Services Commissioner (and friend of the previously "retired" or resigned Spinney, Becker, Kirkwood and Eisel) - which triggered the Delaware County Sheriff's Department, on December 23, 2016, to announce its "Random Acts of Kindness" campaign - taking what appears to be massive bribes from a list of businesses in Delaware County and redistributing them to potential witnesses who could testify against Spinney, Becker, Kirkwood, Eisel, O'Dell - and the corruptioners from the Sheriff's Department;
  • on December 21, 2016, a day after criminal charges were filed with the Delaware County Sheriff's Department by the New York State Police against the former Delaware County Commissioner William Moon, his friend the long-time Chairman of the Delaware County Board of Supervisors James Eisel - the one who gave the "honorary plaque" to Delaware County Attorney Richard Spinney in 2012 on his quick retirement and who has given out millions of dollars worth of contracts for public money without public bidding - has reportedly also resigned.

So.  The Delaware County, New York, experiences and extraordinary set of "coincidences":

1) articles about misconduct of Delaware County public officials who are subjects of criminal state and FBI investigation are getting scrubbed off the Internet;
2) three lawsuits against Delaware County, or its officials are, in quick succession, either:
with a clear indication that pro se lawsuits, where litigants do not have funds to hire an attorney, are disregarded while lawsuits of represented litigants are settled;

3) the Sheriff's office that is supposed to investigate the culprits, instead runs a huge money solicitation and giveaway campaign masquerading it as acts of "random kindness", but what can very well be collecting bribes in return for non-prosecution for some violations of the law from one side and giving that money to witnesses against Delaware County officials in return for their silence or perjury on the other side; and

4) the Delaware County experiences a tremendous sudden turnover of its public officials - and all of that is happening at once.

Over 4 years - from 2012 to 2016, the large in territory and small in population rural Delaware County, New York, hidden up in the snow-belt of the Catskill Mountains, suffered an extraordinary loss and turnover of its elected and appointed long-term highest and highest-paid public officials, who retired or resigned from their highly paid sinecure positions in which they did not have to do any work, resigned abruptly, on pretextual reasons and during pending investigations into their misconduct:

  • TWO County Attorneys - one (Spinney) "retired" in 2012 during investigation by the State Comptroller and the other (Kirkwood) resigned in 2016, in anticipation of a criminal prosecution of his former boss William Moon;
  • One Commissioner of Social Services - Moon, in 2014, during investigation of his misconduct;
  • One Family and County judge - friend of Spinney, Moon, Kirkwood, Eisel and O'Dell, in 2015, during investigation by New York State Comptroller (and, as my sources tell me, the FBI that has been working on Delaware County and its Department of Social Services for years, and continues to work now);
  • One County Clerk (O'Dell) - in October of 2016, right after a criminal complaint was filed against her;
  • One Chairman of the Board of Supervisors, from his super-lucrative position from which people are only "retire" into the grave, feet first - in 2016, right after a criminal complaint against his friend Moon was filed.
6 high-standing public officials abruptly resigned during New York State Comptroller, criminal and FBI investigations, and 3 out of 6, reportedly, already left (Moon, Becker - Moon left at least to work in Sullivan County, upon my information) or leaving (Kirkwood) the area.
Two elected (Becker and O'Dell) and 4 appointed top-ranking and top-paid public officials in a small county, all mutual friends, resign within the span of 4 years, pending investigation of their misconduct.

And, criminal misconduct of two of them (O'Dell and Moon) is somehow "investigated" by the Delaware County Sheriff, an insider in the case who is definitely disqualified from such an investigation - and the Delaware County Sheriff, instead of putting all of its resources into that investigation, suddenly engages in a campaign to collect funds from Delaware County businesses and to distribute those funds, in terms of "Random Acts of Kindness", to undisclosed recipients.

As I said, all that Delaware County officials know how to do is corruption, and more corruption - and they do it quite bluntly.

But, since the FBI is on the case, too, and the FBI is on the spot at this time after its royal blunder with letting Hillary Clinton and her cronies off the hook, with the new president coming in, I wonder whether the case will be allowed to be swept under the rug as it usually happens with corrupt public officials in New York.

Or - does Delaware County Sheriff, and his high-ranking subjects of investigation, have a real reason to worry - where they went very quickly from the

"hahaha, we are above the law"



to a frantic massive solicitation of funds, which appears to be a frenzy of activity to be able to timely pay off witnesses against them during a criminal and an FBI investigation (which, upon information that I received from different sources, went on for years in Delaware County).

Through "Random Acts of Kindness".

But, Delaware County residents - and taxpayers - have a right to know and to, finally, demand that this circus of corruption should stop and that those involved should finally get their due accountability, and are rooted out.

That would be an act of kindness for Delaware County taxpayers - a long overdue one - to make this picture from mockery of justice a reality,




and to add to it these individuals:





4 comments:

  1. Dear Tatiana,
    Thank you for your thorough expose on the misdeeds of Delaware county public servants and specifically, William Moon, current assistant commissioner of the Sullivan county division of health and department of family services. Considering his past history within your county, it is of no surprise to me that he would be hired by Sullivan county manager Josh Potesek, who obviously gave Wm. Moon a full vetting before hiring him at a salary in area of $90,000 per annum. Sullivan county is the second poorest county in New York State and salaries such as these are of no burden to the taxpayer when hiring a skilled hatchet man who without compunction is hell bent on assaulting families for his own personal gain and that of his totalitarian local colleagues.
    There are other cases that I have read about while Wm. Moon was overpaid to be a Delaware county public servant including the Parks case and the personal and vindictive actions against Edward Hoffman, all from a man who is a personal confidant of State Senator John Bonacic and served on at least one panel organized by the state senator to deal with the heroin epidemic in the Sullivan county area.
    Of course, the problem only got worse.
    There is also the case of former commissioner of division of health and department of family services, Randy Parker, a protege, who was arrested in his office that the two shared. The case is still pending. His position was filled by Joseph Todora who also served on Sen. Bonacic's panel.
    Clearly, the State Senator enjoys associating with people such as these.
    What Joseph Todora and William Moon have done to my family is malicious, disgraceful and fully unbecoming of any American public servant and at the behest and full knowledge of the state senator and county manager, because liars who are power hungry always need people such as themselves around in case one goes of script to protect themselves, not the citizen.

    http://martinhersh.com/global_pictures/Parks%20decision.pdf

    http://www.leagle.com/decision/199923641FSupp2d195_1217/HOFFMAN%20v.%20COUNTY%20OF%20DELAWARE

    http://www.thedailystar.com/news/local_news/county-pols-quarrel-over-impropriety-in-land-sale/article_3d35f2cd-d77d-5db1-8369-a10bc8ce7eb7.html

    Again, Thank you for your revealing story.
    Maybe the FBI can do to Wm. Moon what he has been doing to American families.



    ReplyDelete
    Replies
    1. Thank you for your kind words, and for the tips. I will follow them.

      Delete
    2. Dear Tatiana,

      In the interest of fairness to our fellow citizens, individuals and families, it may be best to add a few words or more to the comments I wrote last night.
      First, if you feel that my comments are inappropriate because I am unable to substantiate them and this Your blog of very hard work, I would understand. again as it is not mine. With this said, may I regale you with some tales from the county to the south of Delaware.
      Hang on tight...

      At one time and a very long time ago, Sullivan county was a hub of tourism to the tune of roughly one million visitors per summer season. Many dollars were thrown to the four winds and gathered up humbly by the local populace always in anticipation of the nine hard months to come. This extended from the George Washington bridge and points east through New Jersey on route 4 to old route 17 on the way to the Catskills. Prior to world war II, the area of the Catskills was also a retreat for asthmatics and other maladies who found the clean air and water life sustaining and peaceful. It was also something of a haven for the Orthodox Christians of Asia Minor who fled the genocide of the collapsing Ottoman empire, and mostly Greeks. But as all Orthodox Christians know, all time belongs to the Pantokrator and anytime his children turn their back to the Triune Spirit and the Theotokos, chastisements will follow and continue till His way is returned to. All history anno domine bares this, without exception.

      Since the end of the 1960's and that concert which is still clung to for local economic reasons, this area has collapsed to the point that only tax revenue from the "damn city" can sustain it and any bloated local salaries that accompany it which would include things like new prowlers with the latest technology, old surplus tanks and military grade assault vehicles, just in case some of the citizens should come out of their heroin or pharmaceutical stupors and perhaps peacefully challenge the actions of their servants on a playing field that doesn't favor the ones who are actually footing the bill. Sullivan county has nary a single toothless county employee, the payers may be a different story. While unsubstantiated, it is the truth.

      If you deem appropriate, I will continue.

      Since the hire of William R. Moon and Joseph Todora following the arrest of Randy Parker, this county further descends into the pit of cronyism bordering on racketeering, similar to what you have described involving the courts, the police and the local bar association.

      Stories from the Sullied side

      There is a local Fallsburg judge from a powerful local family whose brother was arrested driving a tractor trailer full of marijuana.
      case dismissed

      This same pillar of jurisprudence was found out by his wife to be having an affair with a local police officer. when confronted by his wife, he shot up his house.
      arrest? case? disbarred?
      What would the locals of any stripe have to laugh about? Why wallow in one's own misery?
      Brother, a failed restaurantuer got a license for a food truck at the building of the new casino, others may have also got one subsequently, but his the first.

      A semi-local "teacher" and charges of fondling a male minor. Charges dismissed on the first day of trial.
      This "teacher" has not been accused of running over a family member with a four wheeler.

      Was there a paramilitary training camp of foreign nationals(teenagers) here in Sullivan? with pictures in the print edition?

      A planned slaughterhouse fully funded by the federal government in Liberty.
      Yes and no. Yes to the above, but did the money actually come into the village and did it ever leave after being turned down by local officials?

      Time doesn't allow for more.

      It's about the good struggle.





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    3. Thank you, I will research the tips.

      Delete