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.


Sunday, January 21, 2018

Otsego, Delaware and Chenango Counties, New York, are united in giving its law enforcement license to commit violent crimes against minorities, women and children

I wrote on this blog in 2014-2017 about the case of Delaware County "alleged" police officer Derek Bowie, nephew of Delaware County District Attorney's office long-time investigator Jeff Bowie who:

  1. never took or passed the required civics test;
  2. did not reside, as required, in Delaware County while working as a deputy sheriff;
  3. never passed Taser certification;
  4. nearly killed two look-alike women, while trying to put both in jail;
  5. lied in court multiple times under protection of his uncle's employer DA Northrup (now Delaware County Judge Northrup).
For details of the story, just enter the name Derek Bowie in the search window on the right of this blog.

Naturally, Derek Bowie was never charged with vehicular assault and attempted murder of Barbara O'Sullivan because Barbara criticized and sued judge Becker, former law partner of Assistant District attorney (and now District Attorney) John Hubbard, and Derek Bowie was the nephew of the employee of the District Attorney's office.  The rule of law ceded to tribal ties that are exceptionally strong in Delaware County.

Moreover, when, after fabricated criminal charges against Barbara O'Sullivan and her daughter by Derek Bowie were dismissed (Barbara) and acquitted in a jury trial (her daughter),
  • first, one of their dogs was found dead under the circumstances suggesting that Derek Bowie's dog could have done that (especially that Derek Bowie was already accused - that was part of posted deposition transcripts - of killing a neighbor's dog out of anger), and then
  • somebody's trained hand threw a Molotov cocktail into Barbara's house, right where her then-pregnant daughter was supposed to be sleeping (it was sheer luck she was staying with friends), and the house burnt down, the local firefighters arrived without water and made sure not that the fire is extinguished, but that the house burns down and another dog dies, and the local authorities would not investigate, would not file necessary reports, and certainly would not charge Derek Bowie as one of the most likely suspects in the case.

Yet, after dismissal of charges against Barbara by the DA's Office fabricated by Derek Bowie as a supposed witness after he nearly mowed down Barbara in his police vehicle for videotaping his misconduct, the same judge who dismissed the charges, then also dismissed Barbara's lawsuit against Derek Bowie claiming that she failed to comply with Bowie's discovery demand - while papers he demanded to "disclose" burned in the house fire which the same Bowie likely caused.

Neither Lambert nor Bowie nor Northrup nor Hubbard were ever disciplined, on the opposite, Northrup and Hubbard advanced their careers after that:   Northrup became a Delaware County judge and Hubbard became the Delaware County District Attorney.

There was a burglary and attempted arson in our house, but Northrup refused to investigate or prosecute.

Judge Becker forged a certificate of election from 2002 and filed the forged documents, but Hubbard (without disclosure that he is the judge's former law partner) refused to prosecute.

At the same time, a man was charged by the same Northrup with a D felony and convicted for threatening Judge Becker.

The conclusion:  in Delaware County it is permissible to law enforcement and anybody else to attempt violent crimes against critics corrupt judges, prosecutors and police officers.

In Chenango County, one judge (Kevin Dowd), after hearing that a court attendant/ Nazi sympathizer acted in a way that can be perceived as an anti-Semitic threat, enabled that Nazi sympathizer further by allowing that same Nazi sympathizer, armed to the teeth, to stand behind the Jewish litigator's back, search his effects and then bodily throw him out of the courthouse.

In the same county, the former law clerk of Judge Dowd, Judge Revoir, just acquitted a white corrections officer of a hate-crime, attempted murder of an African American, despite ample evidence that the officer shot the African American deliberately and with a racist motive.

No jury could ever acquit under such circumstances, but the corrections officer saw the opportunity to use a biased judge who already dismissed the charges despite ample evidence of the crime and was eager to defy the appellate court that reversed his decision, waived jury trial - and got what he wanted: an acquittal.

I myself was a witness in 2015 how an African American who claimed he was beaten up by the police was put into Chenango County jail where nobody attempted to document his visible injuries, and I as his then-attorney was not allowed to bring in photographic equipment to document the injuries either.

So, in Chenango County racist violence by law enforcement is encouraged and enabled by the local government, including the court that practically blessed racially motivated killings of African Americans by law enforcement.

Otsego County would not fall behind in such glorious behavior.

In 2011, Otsego County Judge Brian Burns denied a "youthful offender" status and sent a mentally disabled teenager, Anthony Pacherille, to 11 years in prison, convicting him for a crime of attempted murder because Judge Burns was pissed that the boy's father asked the judge for mercy personally, pointing out that Judge Burns is also a father.  Judge Burns triggered criminal prosecution of the father, but never recused from the case and retaliated against the boy for the father's actions - which were not illegal.

And, when the Oneonta City police beat up and tasered an African American man, Timothy Baron when he was stopped on a pretense because his turn signal was on, and when the police tried to fabricate charges of possession of marijuana against him -  no charges for assault against the police were filed against the police officers and nobody was disciplined.

Instead DA Muehl was trying to prosecute the beat-up African American man with a felony, threatened him that if he does not plead guilty, he will be indicted for more - and only when Mr. Baron turned down the plea bargain and we came close to a trial, did DA Muehl confess that he cannot "locate" his main witness and thus that he was trying to obtain a plea of guilty through mere bluffing.

Yet, at the same time when the Otsego County Sheriff Richard Devlin's son Ros Devlin promises to shoot up two local schools, the schools are not notified, the same Otsego County District Attorney John Muehl - who convicted a child, Tony Pacherille, and who tried to lock up the victim of police misconduct, African American Timothy Baron - makes no attempt to charge the son of the County Sheriff Ros Devlin with a terrorist crime when he promised to shoot up two schools, does not even care to notify the potential victims, and does not attempt to arrest the Sheriff's son.

Here are the exact words of the Sheriff's son reported in the local press - also note that the Devlins is not the only clan working in the Sheriff's Department (Otsego County does not have an anti-nepotism policy on file, which allows employments of whole clans).


The entitled son the local nobility violated two rules, and when it was pointed out to him that he actually needs to comply with rules, like everybody else does - he promised to shoot up two schools "as a diversion" and then to shoot himself in front of the supervisor.

So, the violent compulsive terrorist remains free, waiting for a new chance to threaten (or shoot up) local schools - and is not only not charged and not fired, but is suspended "with pay", so, Otsego County taxpayers are forced to pay him for doing nothing, and he is rewarded with $55,000 a year for threatening to shoot up two schools and then sitting at home.

Moreover, Sheriff Richard Devlin had the audacity to participate in his own son's investigation and hamper it, and Ros Devlin had the audacity to apply for a gun permit after it was initially - naturally - revoked.  That means that Ros Devlin thinks that what he does is right and proper, and should be allowed to him as the local nobility, and that he will never be held accountable in any way.

Well, Ros Devlin has a point in that - given the record of what is allowed to law enforcement in Delaware, Otsego and Chenango Counties - minorities, women and children can be shot or tasered or mowed over with police vehicles, or burnt with their houses in these three counties - if the perpetrators are members of the local glorious law enforcement.

And this crap WILL continue and WILL get worse - if people continue to tolerate it and do not insist that criminals be held accountable as provided by law.

By the way, I sincerely hope that the victim of racist shooting by corrections officer Wayne Spratley sues the hell out of that officer, and out of Chenango County - since when spouting racial slurs and shooting, Spratley also flashed his badge and thus claimed he was acting in an official capacity.

And - acquittal in a criminal case is not a bar to that lawsuit, since the burden of proof in criminal proceedings is much higher than in a civil rights lawsuit.

If Revoir thought that Wayne Spratley may not be found to be guilty "beyond the reasonable doubt", certainly a federal jury may find Wayne Spratley - and Chenango County - be found liable by preponderance of the evidence.

I also hope that parents of children of the two schools that were not notified sue the hell out of Otsego County, Ros Devlin individually, and Richard Devlin individually - for making such a threat (Ros Devlin), for not notifying them of the threat (the County), for hampering the investigation (Sheriff Devlin) and for letting the son-of-the-local-king-of-the-hill terrorist roam free for a year.

They only understand when they are hit in their own pockets.

It is a disgrace.



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