"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, May 4, 2016

Did Derek Bowie deliberately try to kill Kylie Smith?

I've read the affidavit of Kylie Smith submitted to the court where she says that she had confirmed rib fractures from when Derek Bowie slammed her on the floor, and that Derek Bowie THEN sat on her.

Derek Bowie, at his deposition, admitted under oath not only to sitting on Kylie Smith, after he brought her down (and broke her ribs, according to her affidavit), but also to shifting his weight upon her in order to overpower her better - broken ribs and all. 

When Derek Bowie sat on Kylie Smith, he must have both heard - by cries of pain - and felt (by sitting on fractured bones) that Kylie Smith's ribs were fractured.

Continuing to sit on Kylie Smith and shifting his position could very well cause Kylie Smith's death, if a sharp fractured piece of her rib would penetrate her heart or lungs.

Not to mention that such behavior is sadistic - and confirms that Derek Bowie should not be allowed to be anywhere near the police force, while he was quietly shifted from one police department to another and is now toiling, according to my information, in the police department of the Village of Deposit.

Here is the list of complications that can result from a rib fracture:

Yet, there is no indication, despite the requirements of Delaware County Sheriff's policy on use of force by its police officers, not revealed through responses to my many FOIL requests on the subject over many years, but submitted to the court, that Derek Bowie inquired about Kylie Smith's injuries or attempted to arrange for provision of medical help to Kylie Smith

Instead of organizing for medical help for Kylie Smith, Derek Bowie only attempted to aggravate Kylie Smith's injury, from what I see in the court documents so far submitted, and very likely tried to cause her death by shifting his weight upon her when her ribs were broken when he sank his karate-trained knees into the woman's spine.

She is "lucky" he only broke her ribs, not the spinal column.

Did Derek Bowie deliberately and intentionally mean to kill Kylie Smith by first fracturing her ribs and then sitting and shifting his weight on them?

Why nobody is investigating that incident as an attempted murder?

I will analyze the policy of the Delaware County Sheriff's Department on the use of force - and blatant disregard of that policy by the Sheriff's Department, Derek Bowie and his supervisors in both cases, of Kylie Smith and of Barbara O'Sullivan, in a separate blog.

Stay tuned.

And, people living or passing through Deposit area - be very afraid if this man approaches you, in or out of police uniform.

The picture below was voluntarily put on Facebook in public access by Derek Bowie and/or his mother.  Note that Derek Bowie also has a German shepherd which can be as dangerous as its master, or more.

He is a dangerous and violent sadist, and the local government "has his back 100%".

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