"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.

Thursday, March 10, 2016

The case of #BarbaraO'Sullivan: #OneDeadDog and the #DelawareCountySopranos

I wrote extensively about my friend Barbara O'Sullivan's case.

After Barbara O'Sullivan reported misconduct of Delaware County Judge Carl Becker in Glenford Hull's murder trial, Barbara, her family and her friends suffered the following repercussions:

1) custody of granddaughter was taken from her daughter - by Judge Becker;

2) death threat against her was dismissed contrary to her wishes (and despite the Delaware County DA's policy of always consulting victims before dismissing complaints) by Judge Becker's former law partner John Hubbard;  John Hubbard reprimanded Barbara for hiring me for her daughter's custody case and told her that whatever Becker decides must be right;

3) Becker used the death threat against Barbara to punish her further to block her from seeing her granddaughter - without her even being a party of the proceedings or being notified; that decision was reversed by a Pennsylvania court;

4) vehicular assault and attempted murder upon her by Delaware County Deputy Sheriff Derek Bowie (nephew of Delaware County DA's investigator Jeff Bowie) never brought;

5) the Delaware County financing, at taxpayers' expense, opposition to the lawsuit  of Barbara O'Sullivan against Bowie and had Judge Lambert vacate the clear default by Bowie - which had nothing to do with the County, Barbara did not sue the County, and the County did not owe any indemnification to Bowie when he was sued for intentional misconduct;

6) Criminal charges were fabricated by Derek Bowie against Barbara O'Sullivan and prosecuted by Dick Northrup and then John Hubbard - until Judge Gumo was caught fabricating the arrest warrant, and charges were dismissed;

7) Barbara's daughter Alecia Bracci was criminally charged on fabricated charges, went all the way to a jury trial and was acquitted by the jury.

8) Derek Bowie tried to destroy the evidence of his wrongdoing and tried to get the dog killed through a "dangerous dog" proceeding - that Gumo refused to do, dismissing that case on a technicality. 

9) A Binghamton TV station that initially reported the arrest of Barbara and her daughter - on the false warrant from Gumo - first told Barbara that they will call the initial reporter to the phone, then immediately claimed she is no longer working with the paper, and refused to run an announcement that Barbara's case was dismissed.

10) At the beginning of Barbara's criminal case, right after Judge Gumo, who was supposed to dismiss it at the stage of the felony hearing because he knew that the warrant was fabricated, committed her to jail - and the jail that is permeated by relatives and friends of Derek Bowie immediately invented for me a new rule not applicable to other attorneys, that my attorney files must be subject to search if I want to see my client, see also the audio recording of my conversation with Delaware County Chief-of-Jail Lt. Stanton and Delaware County Attorney Porter Kirkwood about search policies of attorney files here.

11) My law license was suspended, just in time not to be able to help Barbara out at her criminal trial.

12) In early February of 2016, Alecia was acquitted by a jury - reportedly quite unexpectedly for Judge Gumo who facially expressed frustration and then blocked release of security tapes that would show it.

13) Right after the acquittal, Alecia received a threatening text message that the police refused to investigate.

14) At the end of February, 2016, the fabricated case against Barbara was dismissed.

And - you know what happened then?

First, Christmas lights were cut up on the outside of Barbara's house that is located in a remote wooded area, and those Christmas lights was the only lighting available, on the perimeter of the house.  
The lights were cut not once, but twice. 

Then, when the two women started to let their dogs out at night on their own, on March 8, 2016, the International Women's day, one of Alecia's dogs was killed outside, under circumstances suggesting that the dog was killed intentionally.

Here is what Barbara wrote on her blog on March 8, 2016.

These people who are doing all of this to Barbara and Alecia are cowards.

They are retaliating against two innocent women at night, and they are hitting where it hurts the most, against the innocent pets, members of the family.

And, dear residents of Delaware County, if you do not get up and demand the local government to find perpetrators who are making life hell to a person who is trying to clean up the government in your county, anything can happen to anybody in the same position.

Do you want to be ruled by fear? 

It is not the "Sopranos" show.

It is life and it is getting too serious.

So, what should we expect next in our glorious Delaware County?

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