"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.

Tuesday, April 19, 2016

Former Delaware County (NY) Deputy Sheriff Derek Bowie was an impostor - and had a history of more violence than what was so far reported

If you think you are looking at the same woman on both pictures, you are mistaken.

On the left is the mugshot of Barbara O'Sullivan, of Delhi, New York, against whom Delaware County Sheriff's Department, NY, fabricated criminal charges that recently resulted in a dismissal because the local judge falsified the arrest warrant.

The right picture is taken of, and is the picture of Kiley Smith, of Deposit, New York, from a civil rights lawsuit and describes a woman beat up by an ALLEGED police officer from the Delaware County Sheriff's Department.  

The uniting factor is not only the striking similarities between how these two women look.

It is also that both of them were brought to court, both on false charges, both after violent assaults by the same ALLEGED Deputy Sheriff (at that time) of Delaware County Derek Bowie, nephew of Delaware County District Attorney investigator Jeff Bowie.

Kiley Smith is, according to her lawsuit, Derek Bowie's former girlfriend and former high school classmate.

I wrote A LOT of blogs about Derek Bowie, you can word-search his name in the search window on the right of this blog to see them all.

Apparently, I missed the main stuff which was reported to me only today.

On January 16, 2013, according to the lawsuit of Kylie Smith, removed by Delaware County from the Broome County Supreme Court to the U.S. District Court for the Northern District of New York, Derek Bowie beat Ms. Smith up, including bruises and bone fractures, and subjected her to a false arrest and false criminal charges for trespass that were later dismissed.

This is what Kylie Smith alleges has happened to her at the hands of Derek Bowie on January 16, 2013.

Kylie Smith filed her lawsuit against Derek Bowie in May of 2014, according to the case's docket report.

This is what reportedly happened to Kylie Smith's look-alike Barbara O'Sullivan at Derek Smith's hands on September 5, 2014, and on September 18, 2014, after Kylie Smith's lawsuit was filed, and because of Delaware County Sheriff's Department's "unofficial" press release of criminal charges fabricated by Derek Bowie against Barbara and her daughter Alecia - criminal proceedings against both were terminated in their favor in February of 2016, see here and here.

Doesn't matter who to lash against, right?

Barbara O'Sullivan happened to look like Kylie Smith - and, without knowing it, suffered for it.

Barbara O'Sullivan also filed a lawsuit against Derek Bowie, in Delaware County Supreme Court.

In that lawsuit, the law firm that also represents the County in the Kylie Smith lawsuit, the Frank Miller law firm, has the audacity to ask the court, at this time, for sanctions against Barbara O'Sullivan for alleged non-compliance with discovery - while the firm itself did not disclose to the court, Judge John Lambert, while representing Derek Bowie as a Sheriff's Deputy, what the firm knows through the Kylie Smith lawsuit since at least August 14, 2015 - that Derek Bowie was not a legitimate Sheriff's Deputy at the time of his vehicular assault on Barbara O'Sullivan, or at the time of the alleged dog bite - about that fabrication (Bowie did not have a bite, just a bruise, and likely a self-inflicted one), see my blog here.

Derek Bowie was not a legitimate Sheriff's Deputy because Delaware County Sheriff has a residency requirements for Deputy Sheriffs, and, according to deposition of Derek Bowie, he resided in Broome County from 2006 to at least the date of the deposition on April 14, 2015.

Nor did Frank Miller law firm disclosed to court in Barbara O'Sullivan's case that in Kylie Smith lawsuit Frank Miller's firm got out of representation in a similar lawsuit against Derek Bowie, likely because of a conflict of interest:

while continuing to represent the other Delaware County Defendants:

The information that Derek Bowie was not a legitimate Delaware County Deputy Sheriff was relevant to:

1) Legitimacy of arrest of Barbara O'Sullivan and Alecia Bracci on September 18, 2014 by Derek Bowie;

2) Legitimacy of arrest of Alecia Bracci on September 5, 2014 on September 5, 2014 by Derek Bowie;

3) testimony of Derek Bowie in Barbara O'Sullivan's felony hearing in September of 2014;

4) testimony of Derek Bowie in front of the grand jury some time in the fall of 2014 upon which the indictment against Barbara O'Sullivan was issued;

5) testimony of Derek Bowie in front of the trial jury in Alecia Bracci's trial - it's good that the jury acquitted her, but the prosecutor did know that, and knowingly prosecuted her based on clearly perjured testimony of Derek Bowie that he was a legitimate Delaware County Deputy Sheriff at the time of Alecia Bracci's arrest in September of 2014.

Alecia Bracci was, fortunately, acquitted of charges fabricated by Derek Bowie, after a 1.5 year's ordeal, after her face was plastered, through an unofficial press-release by Delaware County employing Derek Bowie and his uncle Jeff Bowie, after people posted nasty things on Facebook about her and her mother based on that fabricated press release.

Barbara O'Sullivan, fortunately, obtained through a FOIL request testimony of Judge Gumo in front of the New York State Commission for Judicial Conduct that helped find out that the arrest warrant that Judge Gumo has allegedly issued in Barbara's case was not legitimate.

But, "fortunately" should not have been the word in this situation.

Richard Northrup, John Hubbard, Sean Becker, Frank Miller and other attorneys from Frank Miller's law firm that participated in civil rights lawsuit against Derek Bowie by Kylie Smith, filed in May of 2014, had an affirmative duty to report to three court involved (Delaware County Court for Barbara O'Sullivan, Delhi Town Court for Barbara O'Sullivan and Alecia Bracci and Delaware County Supreme Court for Barbara O'Sullivan in the civil lawsuit against Derek Bowie), that Derek Bowie is NOT a legitimate police officer.

Since he was not a legitimate police officer, he could not possibly be represented at the County expense.

Since he was not a legitimate police officer, and confirmed under oath during deposition in the civil rights lawsuit on April 14, 2015, that was taken within walking distance from Delaware County Court, Delaware Supreme Court and Delhi Town Court, at 111 Main Street, Delhi, NY, Delaware County had to:

(1) immediately require Derek Bowie to disgorge (return) the monies paid to him while he did not satisfy residence requirements and was not a legitimate police officer;

(2) immediately fire Derek Bowie for lying;

(3) immediately fire Derek Bowie as a violent man out of control - with a purple belt in karate, according to his testimony at the deposition;

(4) notify all attorneys, all criminal defendants and all judges who ever handled proceedings where Derek Bowie signed statements or testified claiming he is a legitimate police officer, because all of those criminal cases are now subject to be vacated because arrests by Derek Bowie are illegitimate.

At least after April 14, 2015, the day of the deposition, these prosecutors knew that Derek Bowie was not a legitimate police officer - and still proceeded relying upon his perjured testimony that he is, and planning (Richard Northrup and John Hubbard) and actually soliciting (Sean Becker) such perjured testimony under oath.

Here are our "heroes":

  • Richard Northrup who obtained the indictment against Barbara O'Sullivan in the fall of 2014 which was based on legitimacy of Derek Bowie's presence on her property, and did not notify her that the legitimacy of Derek Bowie, and of his presence on Barbara's property, went up in smoke since Derek Bowie, from 2006 to at least April 14, 2015 (date of his testimony at the deposition) resided in Broome County;  Richard Northrup the fraudster is now a judge;
  • John Hubbard who obtained and prosecuted charges against Alecia Bracci and handled the felony hearing of Barbara O'Sullivan, and who prosecuted Barbara O'Sullivan's case from January 1, 2016 to its dismissal at the end of February of 2016, right before the scheduled trial, for reasons unrelated to illegitimacy of Derek Bowie;  John Hubbard the fraudster is now running for the position of the District Attorney - to serve people of Delaware County the same way he did before, covering up for violent criminals like Derek Bowie because of employment of his uncle Jeff Bowie with the District Attorney's office;
  • Sean Becker (the new addition to the Delaware County District Attorney's office) who prosecuted Alecia Bracci on resisting an allegedly lawful arrest charges, put Derek Bowie on the stand before the trial jury and had him testify that he was a legitimate police officer at the time of Alecia Bracci's arrest in September of 2014.

I have questions.

Now that we know that Derek Bowie was not a legitimate Delaware County Sheriff, at least from November 1, 2009 to April 14, 2015 (the date he started employment with Delaware County Sheriff's Department based on false representation that he lives in Delaware County to at least the date of the deposition), what will be done by Delaware County to rectify - at least somewhat - the situation?

1)  Will Derek Bowie be made to return salary and benefits illegally obtained from Delaware County?

2) Will Derek Bowie be made to return Workers Compensation he illegally obtained from the State of New York for "injury on the job" after he falsely reported a dog bite while all he had was, according to medical documents, a bruise, and, very possibly, judging by videos released in discovery, a self-inflicted bruise?

3)  Will Derek Bowie be made to reimburse the Delaware County taxpayers for all fees and expenses that cost the County to prosecute Barbara O'Sullivan, Alecia Bracci and all other criminal defendants on Derek Bowie's false written and oral statements in criminal proceedings from November 1, 2009 to at least April 14, 2015?

4)  Will Derek Bowie be made to reimburse the Delaware County taxpayers for the cost of litigation in two lawsuits, by Barbara O'Sullivan and by Kylie Smith, that were the direct result of his false employment with Delaware County Sheriff's Department and his violent outbursts on the job?

One reader reported to me recently that Derek Bowie was quietly let go from the Delaware County Sheriff's Department at the end of December (!) of 2015 -  I wonder, what made the Delaware County wait from April to December before firing him?  

The desire of certain County and court officials to have fabricated charges against Barbara O'Sullivan and her daughter stick no matter what?

But, when you are thinking about voting or not voting for John Hubbard in the upcoming elections, think about this:

John Hubbard allowed a violent felon to be FALSELY employed - at taxpayers' expense - in the Delaware County Sheriff's Department, without disclosure to opposing counsel in litigation, in order to be able to win illegitimately brought criminal cases.

John Hubbard knew, from civil rights litigation, that when Derek Bowie was assaulting Barbara O'Sullivan on September 5, 2014 with his police vehicle, instead of Barbara's face

he saw the face of his girlfriend who was suing him at the time for assault and violation of her constitutional rights:

But, John Hubbard did not care to tell Barbara O'Sullivan about that - or to protect Delaware County residents and visitors from Derek Bowie, a violent felon on the loose who lashes out at women because they look like his former girlfriends who sued him.

Think about it.

Derek Bowie was NOT prosecuted for vehicular assault upon Barbara O'Sullivan.

Derek Bowie was NOT prosecuted for assault, with grave injuries, upon Kylie Smith, including after she was already under his "arrest" - which, of course, was illegal because his employment was illegal and based on his false statement of residency.

The assault on Kylie Smith, according to court papers, occurred in Derek Bowie's apartment, at his place of residence - IN BROOME COUNTY.

A trial is planned in Kylie Smith's case in December of 2016 in the U.S. District Court for the Northern District of New York.

Be there.

Write to John Hubbard, the Delaware County Acting DA.

Demand criminal prosecution of Derek Bowie who, despite committing at least two violent felonies, two violent assaults, one using a police vehicle and amounting to an attempted murder, of two helpless women - one his former girlfriend and another a disabled and retired corrections officer - he is still walking the streets, and walking the streets WITH A GUN, and with authority vested with him, as a police officer to arrest people.

This is the face of Derek Bowie from the website of Delaware County Sheriff's Department - note that the Delaware County Sheriff's Department still lists him in old reports as "DS" - Deputy Sheriff, in full knowledge that it is not so, as a misrepresentation to the public, to prevent massive cases from being vacated, and from being sued by more people.

But, this is not the real face of "DS" Derek Bowie:

THIS is his real face: 

*   *    *

So, how safe is life in Delaware County nowadays - with an additional position of a prosecutor and an additional position of a judge?

You can judge for yourself.

One reader gave me a tip that Derek Bowie was let go from Delaware County since December of 2015 (not fired, to protect his reputation, and not criminally prosecuted).

Another reader notified me that Derek Bowie is now employed by the Deposit Village Police Department.

Yet a third reader gave me a tip as to this lawsuit.

All readers wanted me to report these events, and I consider it newsworthy, and I do.

But - why wasn't this lawsuit, that was pending in federal court since 2014, and is about the issue of utmost public concern, police brutality in Delaware County, was not considered newsworthy by the local newspapers.

The Walton Reporter in Walton, NY?

The Daily Star in Oneonta, NY?

Why should an issue of SUCH public concern for Delaware County, NY be reported out of South Carolina?

Because in Delaware County, New York, people are afraid to report it?  

Even what is in court papers, in public access?

So, people of Delaware - and Broome - Counties, be VERY afraid.

Because Derek Bowie, in a police uniform, at your expense, is riding a police vehicle, while being armed with a baton, a taser, a gun, a pepper spray and having a purple belt in karate (according to the deposition), and has the power to stop you and assault you at any time, day or night, on the road or by bursting into your home.

And, believe me, he will be getting bolder by the day - because he was not disciplined and not criminally prosecuted.

He already assaulted two helpless women that the Delaware County Acting DA John Hubbard refuses to protect as victims of Derek Bowie's violent crimes because Derek Bowie's uncle Jeff Bowie works in the Delaware County District Attorney's office as an investigator - and, upon a tip of yet another of my readers, works together with Derek Bowie on some cases, NOW.

Be VERY afraid - you know why?

Because you do not know how people who have ever stepped on Derek Bowie's little toe, look.

Because after Derek Bowie was sued by this woman

he attempted to first assault and murder with a police vehicle the suing woman's look-alike

and then tried to fabricate claims that her dog must be euthanized, and she and her daughter should be criminally charged and go to jail or prison.

How do you know if you are not a look-alike of Derek Bowie's perceived enemy?

And that you are not on Derek Bowie's demented look-alike hit-list?

 *   *   *

There is a wealth of information filed in Kiley Smith's lawsuit about the dirty dealings in Delaware County (NY) local government that taxpayers and voters have a right to know.

I will gradually start analyzing and publishing that information - it is well over 500 pages to read.

For more about Derek Bowie's hit-list of look-alikes, lawsuits and efforts at cover-up of Derek Bowie's violent propensities by his governmental employers -

Stay tuned.

1 comment:

  1. Anyone that covers up this much shit should rot in hell. that's what's wrong with our world .there is karma people be aware