Friday, June 19, 2015

Delaware County Supreme Court/ Judge Kevin Dowd continue to deny me access to trial exhibits upon which Judge Dowd based his decision in the Mokay case

On May 22, 2015 Kelly Sanfilippo, Court Clerk of the Delaware County Supreme Court denied me access to trial exhibits admitted by the court on April 7, 2015 in the Mokay trial, and of the list of exhibits created by herself that she said she had, but did not file waiting for the decision in the case.

Prior to that, Richard Harlem's office "allowed" me access only under supervision of his paralegal, to be paid by my client at over $100/hour (review required at least two full days - it was two full boxes of certified records claimed to be from the Delaware County Clerk's office).

I asked the court to compel Richard Harlem to file the records allegedly certified by the court's clerk Sharon O'Dell with the court where such certified records belonged.  The court did not indicate to me whether the judge was on a vacation or not at the time of my inquiry, but Claudette Newman indicated to me that the judge may not grant orders based on letters. 

Judge Dowd did grant orders based on letters before and after my letter, only to Richard Harlem and NYS Attorney General, Judge Dowd's own counsel in a case where AG's office represents Judge Dowd sued in his individual capacity.

Access  to trial exhibits was denied to me by Sanfilippo on May 22, 2015 despite Sanfilippo's admission that exhibits were on file in her office and despite my request to review exhibits under supervision of court personnel.  Sanfilippo also could not conclusively state that the judge was going to be at the courthouse on my requested review date, so there was no indication that I would interfere, by reviewing the trial exhibits, with the judge's work on the decision.

Nor was there any indication that I would be able to tamper with exhibits, since the request was made to review the exhibits under supervision of Sanfilippo's office and Sanfilippo was willing to provide such supervision and made an appointment for me initially (until she talked to Judge Dowd, called back and cancelled the appointment).

Sanfilippo advised me that there was no written order from Judge Dowd denying me access to the file or sealing the exhibits, when I asked for a written order.

The decision in the case arrived yesterday.

Today I called Sanfilippo's office once again.

First, I was put on hold by Sanfilippo's assistant for a long time.

Then, Sanfilippo's assistant told me that Sanfilippo was busy and will call me at a later time.

When I asked the assistant to deal with the issue of access to exhibits directly, since the decision in the Mokay case is already in, she said she will consult Sanfilippo.

After consulting Sanfilippo, the assistant told me that Sanfilippo still denied me access to exhibits.

I've sent an e-mail to Sanfilippo demanding access to exhibits upon which a court decision and judgment have already been made, exhibits ALLEGEDLY admitted into evidence by the court on April 7, 2015 ("allegedly" - because (1) the stenographer was a Facebook friend of the judge's law clerk who was subpoenaed as a witness in that case, because (2) a court observer from the public was misled by the court personnel into believing that the trial was over when the trial proceeding, thus precluding her from observing the trial, and because (3) my access to trial exhibits was blocked before and after the decision was made after the ex parte trial).

Stay tuned as to what, if anything, Sanfilippo will answer.

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