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.

Monday, February 11, 2019

Terrence Truitt is being released from custody. After he was portrayed as presumed-guilty by the police, and after the public lynch-mobbed him in social media. All those "70 leads"

I wrote on this blog about the fire in Oneonta, NY at the end of December, 2018 where a former firefighter died.

 See my 4 articles about the case:

 Part I here - called "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";
 Part II here - called "The quality of the jury pool and lynch-mobbing a presumed-innocent person of color as a legitimate way to grieve in Oneonta, New York"

 Part III here - called "On the value of reputation", and

 Part IV here - called "People v Terrence Truitt: an interesting timeline of deaths/murders and fires in the area, as well as visits of high officials. Is Terrence Truitt a fall guy for the cover up of some local official's involvement in a global child pornography ring? "

I wrote in these articles about a black guy, Terrence Truitt, who was charged, in a predominantly white town notorious for discrimination against immigrants and minorities, for the supposed arson and death - exactly at the time of the funeral of the firefighter where the local law enforcement came in droves.

I wrote about the improper publicity by the police and the local prosecutors where the police press-conference, indicating "70 leads" supposedly leading to Truitt, and allowed without sanctions by the judge, determined, out of court, that it was an arson and that Truitt was supposedly responsible, igniting the public.

I wrote how these "70 leads" riled up the local public who, as a matter of mourning, presumed guilt of Terrence Truitt and, when I pointed out just that he is presumed innocent - bashed me with vile personal attacks, pointing out that, with 70 leads that the police was talking about, there is no chance that Truitt is not guilty.

And, remember, Truitt's assigned counsel who allowed him to be held for the action of the grand jury on hearsay statements of the prosecution's witness, conveniently allowing the judge to illegally adjourn the felony hearing when the prosecution's witness could not produce competent evidence at the felony hearing.

And, remember that Truitt's brother was trying to get crowdfunding for a private criminal defense attorney, but the fundraising campaign was shot by complaining local residents demanding that Truitt, as already presumed guilty, should not be able to have an opportunity to have better legal defense than that assigned to him by the biased court.

Well.

Now the DA who have been an active participant in this whole orchestration, announced that, in view of "new evidence", he will ask the court to release Truitt from jail because he is now not a suspect in the fire during which the firefighter died.

 DA Muehl also stated that there is evidence indicating that Truitt was not responsible for the fire - but Muehl modestly omits that the release of Truitt means that no criminal charges are pending against him any more, because Muehl is not going to turn his charges into the grand jury.




In other words, DA Muehl has evidence based on which, he knows, the grand jury that is totally under his control as a "legal adviser" and that can "indict a ham sandwich" (according to the former Chief Judge of the State of New York Sol Wachtler) - cannot indict Terrence Truitt, that bad.

And, DA Muehl now says that he is "ETHICALLY REQUIRED" to ask for release of Terrence Truitt.

Muehl and ethics.  Right.

 Ethics did not prompt Muehl to direct the police to use the word ALLEGED and PRESUMED INNOCENT in their press-release.

 Or, come to the Facebook page where the public was crucifying Truitt in comments and bashing me for mentioning his presumption of innocence and say - yes, people, he is, indeed, presumed innocent, our charge is only an allegation, slow down with your presumption of guilt.

 He did not do that.

 Even though THAT he was ethically required to do - not to engage and not to allow his witnesses, the police, to engage in pretrial publicity that may undermine the integrity of the case.

So, the police look like idiots.

The fire "experts" look like idiots.

The DA Muehl looks like an idiot.

The Chief Assistant DA Michael Getman who held Truitt in jail and prosecuted him at the felony hearing (held on the same day as the ormer firefighter's funeral) looks like an idiot.

Judge Lucy Dernier looks like an idiot.

The assigned defense attorney James Hartmann who sold his client out looks like an idiot.

And, certainly, members of the public who were demanding torturous death of Terrence Truitt, claiming that he is presumed guilty because of the 70 leads, and bashing anybody who would invoke his presumption of innocence, including 4-letter-language and vile personal attacks - also look like idiots.

Maybe, that will be a lesson to the public not to believe press-conferences of the local police?

Prosecutors?

Not to presume guilt?

Respect presumption of innocence of all accused?

And not interfere with fundraising for legal defense of indigent criminal defendants?

I wish Terrence Truitt luck.

I wish him to get as far away as possible from Oneonta NY, since they will pin something on him if he doesn't leave the area.

And, I wish Terrence Truitt to sue the hell out of the City of Oneonta, its glorious police, the Sheriff's Department, James Hartmann for malpractice and the DA for false imprisonment and defamation and violation of civil rights.

As well as commentators who presumed his guilt in comments - for defamation, too.

He can get rich, after all, without any fundraisers.

Simply because of people's stupidity.

Maybe, if people pay a couple hundred thousand dollars in a judgment for defamation, they will then learn what presumption of innocence is?

 And, by the way, it remains to be investigated (which I doubt that that will be diligently done) whether we have a Hero's Death here

or whether John D. Heller was murdered, knocked out unconscious while he already saved everybody from the fire, and then left to die of smoke inhalation.

Could John D. Heller be a witness in the child porn ring investigation ongoing in the area by the FBI?

So, next time, ladies and gentlemen of Otsego County, NY, when the local police tells you about "70 leads" and their supposed "quick and efficient" work, think "Terrence Truitt".
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