"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, January 9, 2019

Racial profiling and framing people of color by the all-white police force and the all-white prosecution in Otsego County continues? People v Terrence Truitt, Otsego County.

Update: Terence Triutt has been released from prison as innocent, charges dropped.

Imagine that people viciously attack you for a comment made online.

What would you think your comment should be to "invite" this particular attack?

That's about me.

You know what kind of comment actually triggered it?

This one.

My comment regarding presumption of innocence was made about comments of members of the potential jury pool in this case, members of the local community, about the defendant charged with arson that resulted in a death of a beloved local person, a white person, a former firefighter, who has saved his young nephews and his fiancée before perishing in the fire himself.

Charges were filed on the 31st of December, 2018, against this man who is, unmistakably, a person of color,

in a town and county with the all-white police force, all-white District Attorney's office, everybody in the local government intermarried and related to one another, and in a town and county with a long and disgusting history of racial profiling in criminal proceedings.

By the way, this is the picture posted by the police and prosecution of the defendant in the local newspaper:

The picture provided to the newspaper portrays the defendant as a white man with a tan.

The picture provided by the defendant's brother clearly shows that the defendant has African American or Middle Asian ancestry.

And, the GoFundMe Legal Defense Fund campaign filed on the Internet by the defendant's brother Timothy Truitt was DELETED by the GoFundMe site - so, GoFundMe allows fundraising of accusers like Christine Blasey Ford, but not of indigent people who are presumed innocent and charged with crimes.

Still, I was able to regain what Timothy Truitt published about his brother and about his case from the cached file.  Here it is:

That means that the defendant's brother:

  • was not satisfied with the defense provided to Terrence Truitt by his assigned counsel James Hartmann, husband to a law clerk of a criminal court judge (Nancy Deming, law clerk to judge Gary Rosa, Delaware County), I will concentrate on the quality of James Hartmann's representation a little further;
  • already found a private attorney to represent Terrence Truitt better, and that attorney asked for a $5,500 retainer - as shown by the fundraising goal, and
  • in the first 6 hours of the fundraising campaign, 5 people donated $225 total, so the goal was doable, 
but somehow GoFundMe - probably, prompted by outrage of the "local community", because of the report of one Brad Hess,

and the demand to shut it down by Leah Hernandez, both white people:

deleted the fundraising campaign and denied the indigent defendant an opportunity to hire a proper attorney for his defense.

So, the mugshot was offered to the public as a tanned white-like man.

The mentioning of racial profiling,together with the fundraising campaign for the defendant of color, was deleted, at the request of a at least two local white people, a man and a woman, 

And that is happening in an area with a long history of racial profiling.

I have listed some of those racial profiling cases in the civil rights lawsuit I have filed on behalf of my now-former client Timothy Baron, the text is available here.

I have lived in the area from 1999 to 2015, for 16 years, and during all of those years I worked in a law office, first as a legal assistant to a criminal defense attorney, then as a criminal defense/civil rights attorney myself.

Upon my memory alone, there were several cases of racial profiling in Oneonta, NY.

A year after I have filed this lawsuit, coincidentally or not, the Mayor, Dick Miller, one of the main defendants in the lawsuit, committed suicide.

Here is what he was accused of in the civil lawsuit by my client - with witnesses available of what Dick Miller said:

My client also provided information about Oneonta city officials denying people of color opportunities to own businesses and forcing businesses owned by people of color, at a loss, to white people, on contrived fabricated pretexts:

Here is how a racially profiled criminal case develops in Otsego County, New York:

As to the rampant police, prosecutorial, judicial and assigned defense attorney misconduct in this case (all white people, as well as the potential grand jury and jury pool will be), as well as the way potential jurors in Otsego County New York perceive the concept of presumption of evidence and choose ways to grieve, I will tell you in my next articles about the criminal case against Terrence Truitt.

Stay tuned.

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