Here is the text of the lawsuit.
The two parts were housekeeping issues before I started my analysis.
Part I dealt with the identities of two lawyers representing the New York State District Attorneys' Association in the lawsuit.
Part II dealt with the problem with the availability of independent, honest and courageous experts on the topics that the lawsuit raises, and reasons for such a lack of availability.
I also mentioned in Part II that the judge assigned to the lawsuit, David A. Weinstein, was reported as "encouraging" a settlement of the lawsuit and delay of creation of the Commission - while a judge can preside over negotiations between two parties and accept their result, but may not urge/encourage a settlement of a lawsuit heading for a jury trial.
Of course, THIS particular judge - who was formerly an attorney for one of the previous Governors of the State of New York, and who was himself a prosecutor, an Assistant Attorney General, was uniquely disqualified from both presiding over the case and presiding - and "encouraging" - a settlement with his former client, the Legislature who he represented as an Assistant Attorney General.
Same as one of the attorneys was uniquely disqualified from representing the DA's Association in the lawsuit while being a member of the Task Force of the State of New York for prevention of wrongful conviction - or, at least, that is what he advertises on his law firm's website.
Before I delve into the issues of the lawsuit, though, circumstances changed somewhat and insisted that I publish Part III of house-keeping issues - because Governor Cuomo threw a wrench into the appointments to the Commission, and a person who
- is an insider in the situation, Jeffrey Descovic,
- a wrongfully convicted and exonerated individual who has spent 16 years in prison convicted for rape and murder he did not commit,
- who is now in his 3rd year of Pace Law School,
- who had pushed for creation of the Commission,
- was present in the Senate for deliberations and, as I understand, had access to be talking and persuading senators voting for the creation of the Commission, who
- pushed for the Governor signing the Commission into law, and then
- publicly celebrated the creation of the Commission when the Governor signed it (on the last day such a signing could happen by law, after much theatrical suspense) as his personal achievement
that Jeffrey Deskovic, when tagged yesterday on my comment that people were actually cheated out of the Commission - said in reply this:
Let me quote again what Jeffrey Deskovic said about the Governor stalling creation of the Commission:
"It's not [people were not cheated out of their Commission]. We already knew that as a practical matter that the commission would not be formed till after the lawsuit was finished, and that nothing would happen with the lawsuit till the chapter amendments are passed".
A law student, the future lawyer of American says that it was pre-arranged that:
1. The Governor will stall creation of the Commission that he has signed into law on the verge of its first day of operation, and that
2. A lawsuit will be filed by the prosecutors' association to challenge the Commission, AND, most importantly,
3. that "nothing would happen with the lawsuit till the chapter amendments are passed" - meaning that:
- parties to the lawsuit had a pre-arrangement to enter into a stipulation; and
- the judge who WILL be (at the time of signing the Commission into law) assigned to the case, will approve the settlement - so, the identity of the judge assigned to the case was also, likely, pre-arranged.
modestly positioning himself as a "distinguished speaker" - "myself and other distinguished speakers"
So, voters were angry, justifiably so, and voters had to be appeased.
And, the Jeffrey Deskovic Foundation helped appease them by drumming up the "victory" of a Commission for Prosecutorial Conduct (modeled on the Commission for Judicial Conduct - a useless complaint shredder against judges), but even that useless model was fake, which Deskovic knew "as a practical matter", but was in no hurry to stress to the public at the time he celebrated his personal input into creation of the Commission, that it will not come into being on January 1, 2019.
He did not mention it to me personally when he blasted me for criticism of the makeup of the Commission, and when I suggested to wait until my criticism will be substantiated with the Commission's performance starting on January 1, 2019. Not a peep came from Deskovic that he does not expect the Commission to start working on January 1, 2019 - "after the lawsuit was finished" and that "nothing will happen with the lawsuit" (a fixed court case, imagine, before it was filed) "till chapter amendments were passed".
Talking about frivolous lawsuits and taking up and wasting precious court time at the expense of taxpayers. And soliciting corruption of a judge - David A. Weinstein, the former Assistant Attorney General and the former attorney for a Governor - who had to be in the loop to make happen what Deskovic said: that
"as a practical matter, … nothing would happen with the lawsuit til chapter amendments are passed".
So, a law student knew about such an arrangement, a plan to file a frivolous lawsuit while how the lawsuit will proceed was prearranged before it was filed - and, instead of publicly reporting misconduct of the parties, especially, attorneys involved - because it is professional misconduct, stayed mum until December 10, 2018, when he complacently dropped to me that, as a person "in the know", he knew this was going to happen all along.
Because his career was likely based on and depended on his timed silence.
His connections with powerful government officials in the State of New York (who were responsible, by the way, for wrongful convictions, so Deskovic had to know that the culprits could not be the solution to the problem they themselves created) - those connections likely depended on his silence.
His future jobs after law school likely depended on his timed silence.
His speaking engagements across the country that he boasts of on the Internet likely depended on it.
And, of course, the main button on the main page of his foundation - the DONATE button - likely depended on his timed silence.
So, he casually told me on December 10, 2018 what he knew on August 20, 2018, when, again, with much fanfare,
Governor Cuomo Signs Legislation to Establish Nation's First Commission on Prosecutorial Conduct
Addresses Complaints of Prosecutorial Misconduct Which Can Lead to Wrongful Convictions, Frequently Impacting People of Color