The ex parte trial in the Mokay case (during my legitimate medical leave due to injury) was held on April 7, 2015. At the trial, over 270 exhibits were allegedly admitted, at least judging by the "trial minutes" filed with the court by Kelly Sanfilippo, and according to the transcript provided to me by the stenographer Brenda Friedel (without list of exhibits, which is highly irregular for a trial transcript - but what would you expect from a transcript created by a Facebook friend of the judge's law clerk, when the judge, his law clerk and his secreatry were subpoenaed witnesses in the case).
My first conversation with Kelly Sanfilippo, Chief
Clerk of Delaware County Supreme Court in Delhi, New York on May 22, 2015 (the audio recording is here):
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Dialing
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Kelly Sanfilippo:
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Supreme and County
Court, this is Kelly, can I help you?
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Tatiana Neroni:
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Hello, Kelly, this
is Tatiana Neroni calling, how are you?
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Kelly Sanfilippo:
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I am good, how are
you?
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Tatiana Neroni:
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I am not bad, thank
you. I am calling about Mokay trial
exhibits.
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Kelly Sanfilippo:
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Ok.
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Tatiana Neroni:
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Ok… Because I saw in the index of the case of
the case, you know, a line "court exhibits", and I looked at what
was filed, and it was not the exhibits that were mentioned in the trial
minutes, it's like 1 to 270 something, so my question is where the exhibits
are now, so that I can look at them.
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Kelly Sanfilippo:
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The court exhibits
should be in the County Clerk's file.
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Tatiana Neroni:
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The exhibits that
were filed? One to two hundred seventy three or whatever?
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Kelly Sanfilippo:
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Oh, no, no, no, I've
just meant the court exhibits. Let me
check on the other… (Hurriedly) Let me check on the other one, if the
exhibits are in the office, so let me make sure…
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Tatiana Neroni:
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Thank you very much.
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Kelly Sanfilippo:
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Sure, hold on. (Pause).
So, the other exhibits are here.
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Tatiana Neroni:
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The two hundred
seventy something, right?
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Kelly Sanfilippo:
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Probably (?), there's
two boxes (2:16)
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Tatiana Neroni:
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All right, ok, thank
you.
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Kelly Sanfilippo:
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Ok?
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Tatiana Neroni:
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Thank you, I will,
probably, come, not today, but I will, probably, come on Monday.
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Kelly Sanfilippo:
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Can you call ahead
of time, just so that we can make sure there's going to be somebody around,
with you in the room?
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Tatiana Neroni:
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I will, probably,
come at about 10 o'clock, on Monday.
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Kelly Sanfilippo:
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Tuesday there's
going to be…. This is a holiday weekend…
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Tatiana Neroni:
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Oh! ok, ok…
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Kelly Sanfilippo:
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Tuesday I don't
believe I can have anybody who could sit with you…
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Tatiana Neroni:
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Ok, today I just
cannot do that…
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Kelly Sanfilippo:
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Ok. Tuesday I just have two courts going, so I just
won't have backup on Tuesday.
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Tatiana Neroni:
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Ok.
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Kelly Sanfilippo:
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We can shoot for …
Wednesday might be able to if that's ok with you.
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Tatiana Neroni:
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Wednesday is fine,
10 o'clock then.
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Kelly Sanfilippo:
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Ok, we will plan for
that.
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Tatiana Neroni:
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Ok, and can I ask
you also a question, did the exhibits… did those exhibits ever leave the…
your office, I mean, were they taken out after the trial or not?
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Kelly Sanfilippo:
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After the trial,
they've been here.
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Tatiana Neroni:
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The whole time,
right?
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Kelly Sanfilippo:
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Right.
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Tatiana Neroni:
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Thank you very much.
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Kelly Sanfilippo:
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Ok.
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Tatiana Neroni:
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Thank you.
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Kelly Sanfilippo:
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Ok, bye.
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Tatiana Neroni:
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Bye.
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Several minutes after the above conversation, when
Kelly Sanfilippo made an appointment for me to review the file, she called me
back and left this message on my office answering machine (the audio recording is here):
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Kelly
Sanfilippo:
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Hi,
Ms. Neroni, it is Kelly. I am calling
you back on the Mokay exhibits, so I wanted to let you know that I just let
Judge Dowd know that you wanted to come see the exhibits, and he said that
you, you know, not able to see them at this time, as it's pending a decision
for the court, and the exhibits are deemed with the judge… ah… at this time
you are not able to see the exhibits, ok? Thank you so much, bye.
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I called Kelly Sanfilippo back as soon as I got the
message, to verify how come that the exhibits which were in her office, which
were already admitted by the court at trial, were not available for the review
of defendant's counsel, even under the court personnel's supervision, even
though, according to Kelly Sanfilippo's own admission, the exhibits never left
her office and, consequently, were never claimed for review by Judge Dowd.
In other words, what could I do to the exhibits,
while reviewing them under supervision of court personnel, AFTER they were
officially admitted into the record of a trial against my client, that could
destroy their integrity. Could I
"despoil" them by simply looking at them?
Here goes the transcript of our conversation with
Kelly Sanfilippo on that subject (the audio recording is here):
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Dialing
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Women's voice:
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Supreme and County
Court, Nicole speaking.
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Tatiana Neroni:
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Is it Nicole? This
is Tatiana Neroni speaking, how are you?
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Nicole:
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Good, how are you?
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Tatiana Neroni:
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Not bad. I received a phone call from Kelly
regarding the Mokay exhibits. I asked
to review the exhibits, and she just called and left a message that the judge
did not allow me to see them, because they are "deemed with the
judge".
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Nicole:
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Right.
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Tatiana Neroni:
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Ok. Well, I already received three of them,
because they were filed with the court, and I received them from the County
Clerk's office.
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Nicole:
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Ok…
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Tatiana Neroni:
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So, my question is,
why can I receive the three and cannot receive the two hundred and seventy of
other exhibits, and then why they are not filed with the court?
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Nicole:
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That I don't know,
if you want me to have you speak with Kelly?
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Tatiana Neroni:
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Well, is there a
list of exhibits filed with the court right now that I can take a copy?
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Nicole:
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I won't have any of
that information with me. Kelly is the
one who … ah… is dealing with it, so if you want to speak to her?
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Tatiana Neroni:
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No, can you, please,
look up in the file yourself right now? I just need the list of exhibits, I
need a copy of the list of exhibits on file with your office.
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Nicole:
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Let me put you on
hold for one second, ok?
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Tatiana Neroni:
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Thank you.
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Nicole:
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You are welcome.
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Kelly Sanfilippo:
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Hello, it's Kelly.
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Tatiana Neroni:
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Hello, Kelly, I've
got your message that I am not allowed by the judge to see the exhibits,
right?
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Kelly Sanfilippo:
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Right.
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Tatiana Neroni:
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The thing is that
the three exhibits I not only saw, but have a copy of, because they were
filed with the County Clerk?
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Kelly Sanfilippo:
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Yes, they are,
probably, court exhibits?
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Tatiana Neroni:
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Yes, they are. And my question is, why can I have copies
of three exhibits and cannot even look at the 270 and why they were not filed
with the Clerk?
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Kelly Sanfilippo:
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Because, I think,
they came in from a party, so those are here for the judge to review if he
needs to, and when they are done we will send them back to the party.
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Tatiana Neroni:
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Well, is the judge
reviewing it on Tuesday when I wanted to come?
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Kelly Sanfilippo:
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I am not certain,
but they are telling me that you are not permitted to review them.
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Tatiana Neroni:
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Ok, is there a list
of those 270-something exhibits, you know, what they contain, with your
office? And can I get a copy of it?
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Kelly Sanfilippo:
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It's not yet, it's
not filed yet, so when the judge is done with the exhibits, then I will file
the list of exhibits.
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Tatiana Neroni:
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So, do you in your
office right now a list of what is in each exhibit?
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Kelly Sanfilippo:
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I do, but I cannot
turn it over to you yet, because it's not filed yet with the County Clerk.
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Tatiana Neroni:
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Well, it was
submitted to the court, wasn't it, on April 7th, right, so why can't you give
it to me now?
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Kelly Sanfilippo:
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Exhibit sheet?
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Tatiana Neroni:
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Yes.
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Kelly Sanfilippo:
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It is the form that
I created. I did not file it yet with
the County Clerk and it is with the exhibits I am going to go with what Judge
Dowd said about the exhibits, you can't view it yet.
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Tatiana Neroni:
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You did not file the
motion minutes either, but you gave copy to me, didn't you?
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Kelly Sanfilippo:
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And I filed that the
same day, because I thought that should have been filed, this should… I am
gonna leave the exhibit sheet with the exhibits, until there is a decision
coming from the judge, and once I get the decision, then I'll file it…
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Tatiana Neroni:
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So, I cannot even
know what is in the exhibits?
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Kelly Sanfilippo:
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I am assuming so
from what, you know, judge's Chambers told me…
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Tatiana Neroni:
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Ok, thank you very
much, Kelly.
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Kelly Sanfilippo:
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Ok.
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Tatiana Neroni:
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Thank you, bye.
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Kelly Sanfilippo:
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Bye.
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Kelly Sanfilippo indicated that she will file the
exhibit sheets, with exhibits after the judge makes the decision.
The judge made the decision on June 12, 2015.
On June 19, 2015, a week after the decision was
signed, I called Kelly Sanfilippo's office and, once again, asked for access to
trial exhibits.
I was denied access again, now Kelly was hiding from
me and I had a discussion with her assistant (the audio recording is here):
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Dialing
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Woman's voice:
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Supreme and County
Court
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Tatiana Neroni:
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Hello, this is
Tatiana Neroni speaking, an attorney.
Can I, possibly, speak to Kelly?
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Woman's voice:
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You try and hold on
a minute please?
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Tatiana Neroni:
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Yes, thank you.
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Woman's voice (after
a pause of approximately a 4.5 minutes)
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Ms. Neroni? (4:45 on
the recording)
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Tatiana Neroni:
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Yes?
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Woman's voice:
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She is in the middle
of something, she'll call you back in a little bit, ok?
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Tatiana Neroni:
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Well, I am not in
the state of New York right now, so I am just calling… I might ask you… I am
calling… I will soon be in the State of New York, or my agent will be, and I
need access to the exhibits in the Mokay trial, now that the decision is
in. So, I want to…
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Woman's voice:
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I can ask her…
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Tatiana Neroni:
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What?
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Woman's voice:
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I can try to ask her
if she has a minute… If you would hold on…
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Tatiana Neroni:
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Yes, thank you.
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Woman's voice:
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Hold on.
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Tatiana Neroni:
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Thank you.
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Woman's voice:
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(Pause on the
recording from 5:17 to 5:49, for 32 seconds).
Ms Neroni?
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Tatiana Neroni:
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Yes.
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Woman's voice:
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You still cannot
review that.
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Tatiana Neroni:
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And why is that?
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Woman's voice:
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I am really not
sure.
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Tatiana Neroni:
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Well, the judgment
is in, so why cannot I review the exhibits upon which the judgment is based?
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Woman's voice:
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It's just what I've
been told.
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Tatiana Neroni:
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By Kelly?
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Woman' voice:
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Yes.
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Tatiana Neroni:
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Ok, thank you very
much.
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Woman's voice:
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You are welcome.
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Tatiana Neroni:
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Bye.
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So, I was not allowed to see the so-called trial exhibits, unless I would agree to extortion of Richard Harlem and review them under supervision of his paralegal, at a cost of $100/hr for my client, even though the exhibits in question were certified records of the court.
I was on a legitimate sick leave, yet, the judge who
was a subpoenaed witness in the case, proceeded without me – and is now trying
to punish me for not coming to trial despite a medically documented injury and
a legitimate medical leave.
The stenographer Brenda Friedel, Facebook friend of
Judge Dowd's law clerk Claudette Newman (another subpoenaed witness), did not
provide the list of exhibits, as she was supposed to, with the transcript of
the Mokay trial.
The clerk of the court Kelly Sanfilippo first made
an appointment for me on May 22, 2015 to review the trial exhibits that were in
her office, review them under supervision of the court personnel, then somehow
felt it necessary to consult with the judge whether I could review the records
that were already filed in a supposedly public trial and should have been open
to public review, not only mine as the attorney of record for the defendant.
Kelly Sanfilippo also did not file the list of trial
exhibits that she "created" and had in her office, nor did she file
exhibits with the court, because she claimed she was waiting for the judge to
make a decision to file the list of exhibits.
Then, Kelly Sanfilippo cancelled the appointment upon
a directive from Judge Dowd's chambers and indicated to me that I may not see
the trial exhibits, already admitted into evidence, and even under supervision
of court personnel, because the exhibits that were in her office were
"deemed to be with the judge", even though Sanfilippo was not sure if
the judge was coming on the same day as I was to review exhibits.
Yet, even a week after the judge actually made the
decision in the case, Kelly Sanfilippo still did not allow me access to the
trial exhibits.
Now, let's go back to the characterization by Judge
Dowd in the trial that my concern about trial exhibits is "a little
brouhaha".
Had it been that "little brouhaha", the
judge would not have bent over backwards to prevent my access to the exhibits
or from even knowing what was in there, right?
By the way, by rules of court "marked pleadings" (and Richard Harlem claimed at trial that all trial exhibits other than billing statements were pleadings in the case) must be filed with the court 3 days before trial - and served upon the opposing counsel (that never happened).
For Judge Dowd rules of court is "a little brouhaha".
I am turning the whole crew participating in the
Mokay trial and in blocking my access to the court to the feds.
I am tired of this crap.
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