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.
Wednesday, February 10, 2016
Congratulations, Alecia Bracci, attorneys Lauren Carlson, Richard McVinney, on Alecia Bracci acquittal in the jury trial. Shame of Delaware County establishment for persecuting Alecia Bracci and her mother for corrupt reasons.
Criminal charges against her and derivative criminal charges against her mother were leaked to the press through an unofficial press-release of the Delaware County Sheriff's Department.
I guess, now, the Delaware County Sheriff's Department owes Alecia Bracci and her mother an apology at the very least, for all the stress, heartache and financial losses they have caused them - including for Derek Bowie's and his uncle's employer's attempt to have their dog euthanized through a court proceeding.
I described the dirty circumstances surrounding the arrest on this blog before. You can search the previous coverage of these cases by putting "Alecia Bracci" and "Barbara O'Sullivan" in the search window on the right.
Criminal charges against both Alecia Bracci and her mother Barbara O'Sullivan were fabricated by the perpetrator of vehicular assault upon Barbara O'Sullivan, police officer Derek Bowie, nephew of Delaware County District Attorney's investigator Jeff Bowie.
Derek Bowie was not charged with attempted murder using a vehicle when he tried to smash the tablet in Barbara O'Sullivan's hands WITH A MOVING POLICE CAR - to destroy evidence of his misconduct.
Instead Derek Bowie was allowed to remain on the investigation of both mother and daughter after his vehicular assault on the mother (for which he is being sued), and was allowed to bring criminal charges against both the mother and the daughter.
Another conflict of interest is that the Acting Delaware County District Attorney John Hubbard is the former law partner of judge Becker who retaliated against Alecia Bracci and her mother by taking from her the custody of her child.
John Hubbard and the Delaware County DA's office should have stayed far away from this case, and especially because John Hubbard deceived Barbara O'Sullivan and agreed to an adjournment in contemplation of dismissal of a criminal charge against Ryan J. Adams brought against him for the death threat against Barbara O'Sullivan.
Judge Carl Becker punished Alecia Bracci for the criminal charges brought by Delhi Village police against Ryan J. Adams for the death threat he made on the phone against her mother Barbara O'Sullivan by taking her child away and imposing extremely inconvenient and costly conditions of out-of-state child visitation, even though it was not her initiative to take the child away from the state, and even though she had no money to finance those trips.
The father was since using his alleged U.S. Marine status to cart the child all over the country in order to get her away from the mother - first from New York to Pennsylvania, then, when Pennsylvania gave custody back to Alecia Bracci, to North Carolina, and then, when North Carolina court held him in contempt of court for denying Alecia Bracci visitation, further to Ohio.
Trial-level judges of Pennsylvania and North Carolina unanimously ruled in favor of Alecia Bracci, holding Ryan Adams in contempt of court (North Carolina) and ruling that it was the worst case of parental alienation in the judge's 14-year judicial career (Pennsylvania).
Yet, Adams was able to use Becker's corrupt, retaliative and self-serving decision in many courts to hurt Alecia Bracci.
He was behind the criminal charges fabricated against her for allegedly resisting arrest.
It is interesting to note that, even though he was allegedly the witness of the events that led to criminal charges - and used criminal charges against Alecia Bracci wherever he could to get her stripped of any visitation rights with her child - he did not appear to testify against her at the trial. I do not think for one second that it was done because he did not want to put the mother of his child in jail. He wanted to do that very much, there is enough evidence of that.
But, first of all, there was enough impeachment evidence to have him charged with perjury if he would dare to testify, and this U.S. Marine is a coward.
He was brave enough to assault his child's grandmother while in full uniform, and was sued for that.
He was brave enough to make a death threat against his child's grandmother over the phone.
He was brave enough to orchestrate criminal charges against the mother of his child.
He was brave enough to lie to his charge that her mother abandoned her and does not want to see her, even when his child's mother was desperately trying to get some contact, any contact, with her child.
From a New York court.
From a Pennsylvania court.
From a North Carolina court.
Ryan J. Adams is brave only to parade his military uniform and status to disregard the mother's statement to him that the child is getting prepared for the journey back to him, could not wait an hour to get the child prepared, instead he went to court, obtained an illegal arrest warrant signed by a judge who acknowledged he had no jurisdiction and who quickly recused from the case afterwards, and had the mother dragged out of the house in handcuffs in front of the hysterical child who hid under furniture while Derek Bowie was threatening her grandmother with a taser and roughing up her mother - for no legitimate reason.
But, at the trial, Ryan Adams was afraid to show up his face and let Derek Bowie testify against Alecia Bracci alone.
Derek Bowie, by the way, was reportedly quietly let go by the Delaware County Sheriff's Department and testified today at Alecia Bracci's trial, reportedly, in civilian clothing.
The presiding Judge Richard Gumo whose dirty footsteps are all over this case, too (I will report on his involvement later, after Barbara O'Sullivan's trial) reportedly blocked off any questions to Derek Bowie as to termination of his employment by Delaware County Sheriff's Department, blocked off any objections of Alecia Bracci's assigned counsel Lauren Clarkson and shut down Alecia Bracci's second chair, the Hon. Richard McVinney (part-time judge of Oneonta City Court).
To attorney McVinney Gumo reportedly, rudely stated that he must sit down and not advance any legal arguments, because he was only a "second chair".
I am happy that the jury saw through the bullshit of these criminal charges.
I congratulate the team of lawyers, Lauren Carlson of Oneonta, NY and Richard McVinney, of Oneonta, NY and Alecia Bracci for this acquittal, it is quite an accomplishment, and a lot of work went into trial preparation, and especially it was quite an accomplishment against the odds the team was facing in this case where they were up against a team of corrupt officials from Delaware County, village and town of Delhi and the court system.
But, these charges should not have been brought in the first place, should not have been accepted by Judge Gumo who recuses himself from all cases where the Bracci family members (Alecia Bracci's cousins) are involved because of conflicts of interest, should not have been prosecuted by the Delaware County DA's office, disqualified by multiple conflicts of interest in this case.
It is a waste of limited taxpayer-funded resources. It is abuse of power in order to retaliate against two women for the only reason that they had the audacity to report misconduct, FOIL public officials, sue public officials, including the same Judge Becker, and insist on their rights.
It is dirty.
It is disgusting.
It was uncalled for.
And now, the acquittal in Alecia Bracci's case severely undermines validity of charges against her mother Barbara O'Sullivan, also prosecuted by the disqualified Delaware County DA's office - instead of prosecuting Derek Bowie for vehicular assault on Barbara O'Sullivan and attempted murder against her.
If the arrest warrant with which Derek Bowie came to Barbara O'Sullivan's property to arrest her daughter, was not even valid (and it wasn't, it was fabricated by Bowie and Judge Gumo, I have documentary evidence on file clearly suggesting that).
Derek Bowie was merely a trespasser on Barbara O'Sullivan's property on September 18, 2014 who came to her house at night to get her and her daughter out of the house, lock them up in jail, kill her dog and search their house, now cleared of animals and people, to search for and destroy the tablet that he could not destroy when he attempted to smash Barbara O'Sullivan with his vehicle while she was videotaping his roughing up of her daughter.
There is evidence in the case indicating that the dog accidentally got out from behind Barbara O'Sullivan, and did not mean to harm officers at all - but was beaten up, tasered, shot by a taser arrow through his jaw, because officers planned to kill the dog before they approached the house, and their conspiracy is documented in a tape.
We will see what Barbara O'Sullivan's counsel Attorney Joseph Ermeti, of Sidney, will do with this evidence of Alecia Bracci's acquittal to help his client fight the disgusting fabricated charges of corrupt Delaware County officials who colluded with no less corrupt judicial system in retaliation for Barbara O'Sullivan's efforts as a citizen to expose judicial misconduct.
I will continue to cover the People v O'Sullivan case. Stay tuned.