On the continued inbreeding in the Otsego County Court (New York). People v Shelly Ann Young.

I have left the state of New York 5 years ago, but news do come to me from the local upstate court system from time to time.

And sometimes these news are just too funny - or tragic - depends on what role you play in this or that court case.

And what is very UNfunny, let's say, is the cowardly local press who takes upon itself to bravely thump on Trump every day, but pretends it does not see misconduct and corruption of local public officials, right under the noses of the editorial staff and writers of the God-blessed "The Daily Star", of Oneonta, New York.

Today that blessed media source has published a story about a woman, a criminal defendant in a sexual child abuse case (she is 37 and was accused of sex with a 15 year old boy).

Here:

https://www.thedailystar.com/news/local_news/judge-woman-accused-of-sex-abuse-is-avoiding-court/article_20460d8a-5168-5005-b22d-b1307e6cb65f.html

The story went that the woman did not show up in court for her arraignment (the first court appearance in a criminal case).

Of course, that information appeared to be false, since immediately somebody posted a comment on Facebook under this article that it was not true, that it was a mix up of court dates by lawyers, and that she will appear in court coming Monday.

But the whole cherry on the cake was in WHO the presiding judge in that case was and who were those attorneys who mixed up the court date - and how bad the charges were - and why this case required this particular judge and this particular assigned criminal defense attorney.

1. The attorney - a public defender, mind, so the criminal defendant is poor and cannot afford an attorney. Mind also that there are a lot of assistant public defenders in that Otsego County Public Defender's office, but who was chosen to represent the woman in this case?

Mike Trosset.

2. Who is the presiding judge in the case? John Lambert. 

And who is John Lambert to Mike Trosset? Former law partner.

And John Lambert appoints his former law partner Mike Trosset to represent a criminal defendant in a child sexual abuse felony case.  How cute.

3. Now, let's go further.  Who is the prosecutor in the case?

John Muehl.  And who is judge John Lambert to John Muehl?  Former employee in the District attorney's office, another former part-time prosecutor, along with the private law practice with Mike Trosset as a partner.

Already a big happy family.

And how does Judge John Lambert like to decide criminal cases?

Certainly not in open court.

Through "conferences" in the back room behind the courtroom, where he sits with John Muehl (his former employer) and probation department officers and police officers (witnesses for the prosecution), and very often he sits there for periods of time alone with the prosecutor and his witnesses, communicating with them ex parte (without the opposing counsel or the defendant).

And, Judge John Lambert calls in attorneys one by one to that back room - without their clients, mind, even though criminal defendants, especially in the County Court (where FELONIES are charged) have a right to be present at every significant stage of a criminal procedure - so it is a constitutional violation, not that Judge John Lambert cares about such trifles.

But in case of Mike Trosset as an assigned criminal defense attorney (and Judge John Lambert's former law partner) even that constitutional violation looks like a joke - because Mike Trosset, John Lambert and John Muehl are all buddies and will find how to sell out a criminal defendant anyway, back room or no back room.

So, if a defendant in such a situation even did run for sure - who would blame her for not wanting to subject herself to this incestous dog-and-pony show?

Because - you know WHY Judge John Lambert assigned his buddy (former law partner Mike Trosset) to represent a criminal defendant in a child sex abuse case prosecuted by his former employer John Muehl?

Because most likely (judging by the dates published in the article) John Muehl has neglected his duties, and the case was supposed missed - if, of course, the defendant would be represented by an honest criminal defense attorney who knew his job, and not by a judge's and prosecutor's buddy.

Just my follow their tricksters' hands for a moment.

The article says that the Otsego County Sheriff's Department has arrested the defendant back in February of this year.  That is 7 (seven) months ago.

By criminal procedure law of the State of New York, CPL 30.30, John Muehl had 6 (six) months from the date of the arrest to bring the defendant to trial in the County Court - and do it only after an indictment of the grand jury.

There is not a word about the indictment in the article, and the County Court prosecutes felonies only - or misdemeanors IF they are bundled with felonies.

Did they coerce the defendant to forgo the indictment? Don't know.

But if they did not and if the defendant IS being prosecuted on an indictment, John Muehl may have blown by the date when he must bring the defendant to a JURY trial (not to an arraignment) by 1 whole month.

That is, unless the defense counsel WAIVES the time limits and the DISMISSAL of the case, which can be dismissed with double jeopardy attaching because of John Muehl's neglect to prosecute it on time, so that it can NEVER be charged and prosecuted again - and only a judge's buddy can sell his client in such a way.  Hence, here comes Mike Trosset assigned by John Lambert.

Note, too, that the judge (John Lambert, former law partner of assigned public defender Mike Trosset and former employee of prosecutor John Muehl) claimed that it is the defendant who is to blame for not showing up in court, not his buddies for the mix-up of court dates.

And they pretend that everything goes like it should and everybody around them do not see the outrageous conflicts of interest and misconduct going on - or these 3 buddies just know that nobody will dare to raise their voices against this farce of "court proceedings".

You think that Judge John Lambert, public defender Mike Trosset and prosecutor John Muehl do not know of the existence of CPL 30.30 - and that the case needs to be dismissed for violation of New York speedy trial statute?

That his former employer John Muehl-the-drunk has blown a sexual child abuse case, a felony?

Of course they know, that's the very basics of criminal law, and they have been practicing that law for decades.

If I were the defendant I would sue the hell out of Mike Trosset if he does not make that motion to dismiss under CPL 30.30.

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And that is not the only dog-and-pony-show news from the Otsego County Court that I have received lately.

I also have received some news about yet another inbreeding with the upcoming judicial elections for a position in the same court and preparing an article on that one, too - so, stay tuned. 

Otsego County, New York, and its courts, are an endless source of stories about government corruption.