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.


Saturday, March 19, 2016

Sons-of-judges, burned kittens and the rule of law - the story continues

I wrote on this blog recently about a slap on the wrist of judge Daniel P. Sullivan, of Whitestown Town Court, Oneida County, in attempting to influence the police in not "overcharging" his sadistic son who attempted to burn alive two bound-up kittens.

I also wrote that the son-of-a-judge did receive lenient treatment in only having been charged with a misdemeanor, and allowed to plead to even a lower misdemeanor, with no jail time, a fine, a conditional discharge, 50 hours of community service, and a prohibition to enter the public park where he planned to burn the kittens, and to stay away from cats.  I understand, he can burn other animals - or people - instead.

And, the judge was all upset that his monster son was charged at all, because the judge wanted nothing to stand in his son's way to a job in the Oneida County Sheriff's Department.

Sadistic tendencies and all.

Yet, what the son-of-a-judge could and should have been charged with is a felony attempt of aggravated cruelty to animals.

And other people, who are not sons of judges, are charged with that particular felony in New York.

A reader tipped me off to such a recent charge against a bank analyst who reportedly had a "hobby" of torturing animals.


The bank analyst was charged with a felony - as was only proper under the reported circumstances.



#JudgeDanielSullivan's son #JosephSullivan, on the other hand, got away with practically no punishment (money will be paid by father, otherwise it is just 50 hours of community service), and can still surface sometime in the future somewhere in "law enforcement".  

And - actually, Oneida County does have a general employee by the name of Joseph B. Sullivan, who has been employed in that county since 2012, and continues to be employed there, with a very high salary:





I wonder whether this Joseph B. Sullivan is Judge Sullivan's brother, and Judge Sullivan wants to get his monster kid get under his uncle's wing into the Sheriff's Deparment, or whether the monster kid got into the Oneida County employment at a young age of 18 (2012) with such a salary because of his father's position as a judge.

I will try to verify who is the Joseph B. Sullivan, the "general employee" of Oneida County.

Meanwhile, I've found this information about a "Joe Sullivan", "network administrator" of "many years" with Oneida County, New York on LinkedIn.




The "network administrator" Joe Sullivan left a recommendation to a Tim McGurk, indicating that the Joe Sullivan guy worked with Tim McGurk in Oneida county "for many years".

Appears to be an uncle to the monster kid of Judge Daniel P. Sullivan, but I will try to verify the connection through a separate FOIL request.



Yet, the whole idea of getting the monster kid into the Sheriff's Department where his doting father wants him to be, instead of the prison where he belongs, is ridiculous.

With such people on the police force, no wonder why the social media is getting more and more reports posted of completely unconscionable acts of police brutality.

With each one of police officers caught in unspeakable acts of violence, the question is - who got their jobs for them, who kept them in their job, can it be that they are sons of some untouchable public officials and are, by extension, untouchable themselves?

Friday, March 18, 2016

Delhi Town Court Clerk Kathy Fletcher reportedly offered a bribe to a criminal defendant's father in exchange for having the son's alleged back sentencing fees reduced

I recently reported on a criminal - felony - case against my friend Barbara O'Sullivan that was dismissed, and the official version for the dismissal was because Judge Gumo lied under oath that he signed the arrest warrant against Barbara.

With the legitimacy of arrest warrant out the door, the claim that police officers Bowie, Haqq and Alexander were on her property legally, as a pre-requisite for legal dog-bite charges, was also out the door.

When Gumo testified at the hearing in Barbara's case, his court clerk #KathyFletcher was reportedly ordered sequestered (out of the courtroom), but lingered in the doors, and Barbara's counsel had to ask once again to have Fletcher removed and make sure she is not listening by the doors.

Fletcher was not subpoeaned to testify, and her attempted presence in the courtroom for Gumo's testimony was interesting to begin with, since the question was who is signing arrest and search warrants in Delhi Town Court - Gumo or Fletcher, by using Gumo's rubber-stamp signature?

It is very possible that Fletcher stamped Barbara's arrest warrant - and how many more arrest and search warrants?  How many people are doing jail and prison times because of invalid search and arrest warrants stamped by court clerk #KathyFletcher while claimed to be signed by #DelhiTownCourtJudgeRichardGumo?

Moreover, Fletcher and Gumo are reportedly stalling now the FOIL request of Barbara O'Sullivan for security videos, and the NYS Court Administration claims that such videos are in the "custody" of Fletcher - a court clerk.

And Fletcher has a death grip on that "custody" - because, very possibly, the security cameras tell a story Fletcher does not want to be heard.

Gumo was reportedly turned into the Commission for Judicial Conduct for his actions in Barbara's case.

After that, Fletcher's high-standing friends in the government reportedly swarmed in her support and started to exert pressure on potential witnesses of her misconduct.

By the way, a good question is - why Gumo is not prosecuted criminally for (1) perjury when testifying in court in February of 2016, perjury reflected in the court order of Judge Lambert; (2) filing a false arrest warrant, (3) prosecuting a person based on an arrest warrant Gumo knew was false.

I do not know how the various investigations against Gumo are going on, but the temperature is up for Fletcher for sure, as evidenced by her reported bizarre behavior.

Recently, #KatchyFletcher reportedly went so far that she offered an exchange to a son of a criminal defendant - to forgive a personal bill against herself in exchange of Flecther "forgiving" that business owner's son's court costs which, Fletcher alleged, are due and owing.

It was not simply a solicitation of a bribe.  It was blackmail.

It was a hint - forgive my personal debt, and I will have the judge go easy on your son for allegedly owed back-sentencing fines.

Enforce my personal debt - and you will see what happens.

By the way, a parent is not legally responsible in New York for the child's sentencing costs in a criminal case.

By the way, a court clerk has no authority to reduce sentencing fines and surcharges already imposed by the court, it could be done - if at all - only on a motion on notice to both parties, and decided by a judge.


"Court costs" is part of a criminal sentence, a resolution of a criminal case.

Fletcher is now offering to fix a criminal case in exchange for going easy on her own personal debt?

And is not so subtly threatening the father - forgive my personal debt, or see what will happen to your son?

Fletcher has that much influence upon Judge Gumo that Fletcher is the one deciding which court fines may be forgiven - in exchange for a personal favor from the defendant's father?

Isn't that called a bribe?

Isn't that called a crime?

Will anybody investigate and prosecute that crime?

How many more criminal cases were "fixed" by Fletcher through Gumo in exchange for personal favors?




The #BraveDefendersOfHumanRightsOverseas series continues

I wrote on this blog back in January this year about the tendency of the legal establishment to bravely defend violations of human rights overseas, while pretending selective blindness to the very same thing happening at home.

As yet another example of such bravery, a prominent legal blog posted an article defending Freedom of Speech, journalists and civil rights defenders - in Turkey.

It is good to support the rule of law in Turkey, Pakistan or other countries.

But - when we are doing that, we should practice what we preach, and we don't.

That people are viciously deprived of human rights in America for exposing governmental misconduct, examples of which regularly appear in the media - and I regularly publish such information - is not a prominent feature on that same legal blog.

I am not alone in this fight.  Other attorneys and members of the public punished for criticizing judges are going public with their stories.

See, for example, an excellent piece by Indiana attorney Paul Ogden about the striking resemblance of Rule 8.2 punishing attorneys for "untruthful criticism" of judges (found untruthful even when truth of the evidence is irrebuttably proven, see, for example, the #ChristineMire's case, I blogged about it here, here, and here) with the infamous Sedition Act.

That is the United States of America, ladies and gentlemen.

Even if it feels worse than Pakistan or Turkey where Freedom of Speech about judicial misconduct is concerned.

And I do not see prominent legal blogs spending any significant time on this topic.  As a means self-preservation, I understand.

Shouldn't we recall one very simply saying - "charity begins at home"?

Let's clean our own home.  

Because supporting freedom of speech rights of journalists and civil rights activists in Turkey, while keeping your mouth shut as to the same violations for fear of your livelihood, your own cozy lifestile and your own law licenses appears like just a little bit of hypocrisy to me.

No?


Will #JudgeJoelBaker of East Texas be criminally prosecuted and disbarred for physical and virtual stalking of women?

Here is the very recently resigned Judge Joel Baker from East Texas.





In 2011 - five years ago - a criminal complaint was reportedly filed against #JudgeJoelBaker claiming that the judge sent thousands of unsolicited sexually explicit e-mails to a woman.

The alleged female victim also reported that the judge stalked her physically, putting messages like "call me or text me" and "do not hide behind the curtain" on her window.

The matter was investigated in 2011.

The judge refused to turn over his laptop to the investigator claiming the laptop contained "sensitive material" related to his "official business" as a judge.

For that, search warrants for in camera court review exist.  There was enough evidence to obtain such a search warrant.

Obviously, the police, fearing the judge's status, did not apply for such a search warrant.

Of course, how could they.

Look how many "committees" the "honorable" Judge Baker was on, see that the "honorable" Judge Baker was also previously a prosecutor  (in case authorities pull this information offline, I also include it as scans) - how could such a criminal complaint against A JUDGE and a former PROSECUTOR be taken seriously?




How could the police put in turmoil the whole life of a "family man" and a "proud parent of three children" - as well as an "active member of Marvin United Metodist Church" where this "family man" is "serving on several church committees".  Like they do with the lives of other criminal defendants?

Once again, even after such serious accusations, supported by evidence - police reports were published by a blogger here, of sexual stalking - both physical and online, by use of means of interstate commerce, the judge was not criminally prosecuted by either the state or federal authorities (online stalking is a federal crime), and was not IMMEDIATELY taken off the bench as an interim measure of protection of the public.

Look at the police reports - from 2011.







When caught, the judge claimed that he had problems with neighbors stealing his electricity - and that's why his Logitech camera was pointing at the neighbor's bedroom window in the middle of the night.

Now is the question - since the alleged victim of Baker's online stalking asked to remain anonymous (at least for now), the question is - was it the same neighbor, or is it a different victim already.

And, whether it is a different victim or not, wouldn't Judge Baker's alleged use of his Logitech webcam on his laptop to catch his neighbors in stealing electricity (Baker's version), or, rather, to videotape or photograph a naked woman in her own bedroom in a neighboring house, like a regular peeping Tom (the alleged victim's version from 2011 police reports) acquire a new meaning with the reports of Judge Baker's online relentless stalking of a female, even during the sessions of the court where he sat on a panel hearing judicial misconduct cases?

Appears Judge Baker was fixated on sexual stalking, and the way the law deals with such fixation is not only and not so much resignation and prayer, but criminal prosecution.

So far, Baker was blaming his victim in 2011 - accusing the neighbors who complained about his sexual stalking of stealing electricity from him (wouldn't the judge then install a night-vision security camera then, specifically where the electric meter on his house(es) is or are, instead of pointing his webcam at the neighbor's bedroom window?)

Blame the victim it was in 2016, too, when Judge Baker accused the woman he was reportedly stalking with thousands of sexually explicit unsolicited messages was, instead, stalking him and trying to "destroy his family".

Which did not explain why Baker-the-family-man-the-church-committee-member has sent to the woman reportedly thousands of unsolicited sexually explicit messages in the first place.

By the way, this particular tactic ("blame the victim") was used before Judge Baker, coincidentally, by TWO judges out of Texas (federal judges) - Judge Walter S. Smith (according to deposition of his victim, Judge Smith's law clerk called the victim asking her to end investigation and practically accusing her of causing trouble for the judge, see also here) and Judge Samuel Kent.

Baker has actually resigned - "after much thought, consideration and prayer".  

I wonder whether Baker prayed much when he was stalking a woman in 2011.

I wonder whether Baker prayed much when he was SEXTING from the bench while sitting in review of judicial misconduct cases (!).

Remember, Baker remained on the bench for 5 more years after serious accusation of sexual stalking and harassment first surfaced.

To save face, the system exposed people to a sexual predator on the bench and in the streets for 5 years.

Now, the question is, will this "family man" and prayerful person be criminally prosecuted - as every one of us would, had any one of use, mere mortals, committed what Baker did - by state criminal authorities or by the feds?

Will there be an investigation whether any of the multiple connections of Judge Baker - the people from the numerous "Committees" noted in his biography, law school buddies, fellow judges - interfered with criminal investigation in 2011 and stalled it?

Will his law license be revoked?

Will his state pension be revoked?

For how long will the public tolerate sexual predators in black robes?

For how long will the public tolerate the cover-up and non-prosecution of public officials committing serious crimes against public safety?  Against women?

I will continue covering this story.

Stay tuned.



#CriminalDefenseAttorneyLivesMatter - where are the security videos of how DA Investigator Dillon Alley beat the criminal defense attorney James Crawford IN THE COURTHOUSE?

On February 25, 2016, California criminal defense attorney James Crawford obtained a retrial for his client in a criminal case where the judge ruled the unfair use by the Orange County police and prosecution of a jailhouse informant has robbed the defendant of a fair trial. 

The use of jailhouse snitches by the Orange County police and DA's office has hit the press long prior to that, and became a media scandal.

On March 9, 2016 attorney James Crawford who won the retrial of Henry Rodriguez, was reportedly beaten up, severely, IN THE COURTHOUSE by the Orange County District Attorney investigator Dillon Alley, right under the security cameras.

That happened just before the jury selection in another criminal case where Mr. Crawford came to advise a witness.  

Even though the brawl was clearly in front of court security officers, no arrests for the brawl was made - and the initial report on the brawl clearly raises an issue of selective non-enforcement of laws against the DA's investigator, because had the defense attorney been the initiator of the brawl, he would have been arrested for sure.  

On March 17, 2016 it was reported that the prosecution is claiming that their investigator was acting in "self-defense" and that the defense attorney - just before he was about to start picking the jury - punched the investigator in the face first.

Of course.

If that happened though, the defense attorney would surely have been arrested.  The court security officers though did not want to arrest their "brother", the DA investigator.

Not to mention that the Orange County Sheriff's Department, the same Department that is in charge of the jail where informants were illegally used, are also in charge of courthouse security.  Talking about conflicts of interest.

And, prosecutor's and defense counsel's stories "significantly differ".

Now, all of this was happening IN THE COURTHOUSE.  

Are we living in the 19th century?

Do they not have security cameras in the courthouse to verify what exactly happened.  Why do they have to rely on verbal accounts that "significantly differ"?

Or, did security officers from the Orange County Sheriff's Department make sure that the tapes are overwritten, not available, equipment broken, is not working - etc., that's the usual excuses of New York Court Administration not to provide security video tapes from courthouses when such videotapes can reveal misconduct of public officials in New York.

I recently wrote an article about being criminal defense attorney as a disqualification from public office and as a danger to the attorney's life.

Being a criminal defense attorney, especially a good one, is somehow considered a disreputable profession in the United States - even President Obama caved in and did not nominate a female federal judge, former federal public defender, when #JudgeJaneKelly was viciously - and falsely - attacked verbally in a smear campaign for doing her job.

#JudgeJaneKelly was also viciously attacked physically in the middle of her 19-year career as a public defender, and left bleeding and unconscious in the park.  

Only that was in the park, with nobody around to see the attacker (and, obviously, the government did not try to knock themselves out to find the attacker, the attacker is still not found).

Here, whether Investigator Alley attacked Attorney Crawford or whether, as the prosecution now claims, the Investigator acted in self-defense, should be clearly visible on security tapes.

Using witnesses to verify what happened under court security cameras (operated by individuals with a distinct conflict of interest in the matter), as it is reportedly planned now in the forthcoming hearing, as I understand, verifying whether the DA's office should be disqualified from the case, is completely inadequate. 

Once again - where are the court security videos?

#CriminalDefenseAttorneyLivesMatter

Thursday, March 17, 2016

As the 4th Department disciplinary committee is afraid to touch the case against Richard Harlem, Eric Jervis, James Hartmann and Denis Dineen, I am publishing the affidavit of the witness to protect the witness and the integrity of future civil and criminal proceedings for fraud and fraud upon the court

I wrote on this blog about the complaint that my husband filed against attorneys Richard Harlem, Eric Jervis and James Hartmann and Denis Dineen, all either relatives of judges (Richard Harlem - son of a judge), or law partners of judges (Eric Jervis), or married to judge's law clerks (James Hartmann is married to Judge Gary Rosa's law clerk Nancy Deming) or who were confidential law clerks for a judge (Denis Dineen, former law clerk of retired and deceased judge Robert Harlem, see my blog "the Blanding saga").

Here is a copy of my husband's complaint against these attorneys, made in accordance with the old rules of attorney discipline on November 30, 2015.

The 4th Department committee, after some time, reacted by a letter claiming that if Fred's complaint against the above attorneys was not pending at the time of the order of transfer of June 11, 2014, they do not have jurisdiction over the case, and asked to confirm whether Fred's complaint was pending on June 11, 2014.

It was very obvious that the order of June 11, 2014 transferred all of disciplinary proceedings against me and all complaints I or Fred made against other attorneys, unconditionally, to the 4th Department.

Yet, very obviously, the 4th Department was afraid to touch Fred's complaint against the above 4 powerful attorneys (Richard Harlem is also the long-time landlord of NY State Republican Senator James Seward), and the reason was that it was not easy to refuse to investigate the complaint when it was supported by an affidavit of a person who Richard Harlem, Eric Jervis claimed to several courts and James Hartmann claimed to the Delaware County Supreme Court they were representing.

Denis Dineen was part of the complaint because there is no statute of limitations on attorney misconduct, and because of Denis Dineen's help to the now-deceased judge Robert Harlem to defraud the Otsego County Surrogate's Court by acting as a witness on one of the codicils (additions to a will) that Judge Robert Harlem illegally drafted while being a Supreme Court justice, bequeathing to himself more than 1/2 million dollars worth of shares of IBM, among other things.

As to attorneys Richard Harlem, Eric Jervis and James Hartmann, surely these attorneys had to talk to their alleged client when undertaking an 8-year-long litigation on his behalf.

Surely, these attorneys had to talk to David Mokay at each stage of litigation, before each motion was made by them or opposed by them at the trial or appellate level, before each appeal was filed by them or opposed by them.

Since these attorneys conspicuously did not invite any of the Plaintiffs to testify at their own trial on damages, it is clear that Richard Harlem, Eric Jervis and James Hartmann knew they were committing fraud upon the court and upon Judge Kevin Dowd.

Whether Judge Dowd knew of the fraud or not - I do not know, there is evidence of ex parte communications in the record, so there is a likelihood that he knew - but he did not care one way or another, as long as he could settle personal scores with me and with my husband.

Here is the affidavit from yet another victim of Richard Harlem, Eric Jervis and James Hartmann (in addition to my husband):  David Mokay.





This is the amount of legal fees and costs that Richard Harlem claimed to Judge Kevin Dowd against all Plaintiffs, including David Mokay, knowing full well that David Mokay did not hire Richard Harlem - EVER - to represent him against Mr. Neroni, and that David Mokay never sued Mr. Neroni.


This is a major kind of fraud, ladies and gentlemen.  

In order for Harlem to claim legal fees as damages against Mr. Neroni, Richard Harlem first had to claim such legal fees against his own clients, and he included into clients David Mokay who was never his client, and Richard Harlem knew it very well, because David Mokay confronted him.

David Mokay, as open public records I have on file indicate, is indigent.

David Mokay, or even other Plaintiffs, who I know are not very rich people, would never have agreed to incur $156,290.48 in legal fees, and to put such a judgement, first and foremost, against themselves, in order to obtain damages of $23,890 apiece (treble damages of $215,011.38 where 1/3 goes to Harlem as attorney fee and the remaining 2/3 of $143,340.92 are split between 6 alleged plaintiffs): 





Such an "award", for David Mokay, of $23,890, even if combined with $95,000 obtained from the Estate, if David Mokay's petition is granted (Harlem opposes it, which is one other indication that David Mokay tells the truth when stating that Harlem never represented him), if the Estate is not completely ransacked by Richard Harlem which it could be by now, that will only make $118,890.

That amount of $118,890 does not satisfy the judgment of $156,290.48 that Richard Harlem fraudulently obtained against David Mokay, without David Mokay's presence at the trial or testimony that he, indeed, hired Richard Harlem or approved his legal fees.

Harlem instead did not invite David Mokay to testify, actually hid from David Mokay the subpoenas that I served upon Harlem as David Mokay's purported attorney, and withheld from David Mokay even witness fees for trial, which Harlem had no right to do.

It was obvious that Harlem tried to block direct contact between me and my husband and any of the Plaintiffs, and I have a funny feeling that none of the Mokay siblings may have hired Harlem to sue my husband, other than the executor of the Estate Daniel Mokay who signed verification on the 2nd Amended Complaint, but after the trial, filed an Affidavit in another court showing that he did not understand what the case was about.

Since the Mokay plaintiffs, other than Daniel Mokay, never were present at the proceedings, never provided any signed affidavits and none of the Plaintiffs, including Daniel Mokay, ever testified,  - throughout 8 years of litigation - the Mokay case is a case of one big fraud from start to finish, and the "Mokay Children" can be called Harlem's "ghost clients".

Richard Harlem got $48,000 out of attorney fees from the Supreme Court action through Surrogate Court (please, bear with me, it is an intcricate web of lies), and then claimed the same legal fees which were already satisfied, as unclaimed and the basis of damages, and treble damages, at the April 7, 2015 trial.

Obviously, Richard Harlem is thriving on such "ghost clients", on such fraud upon the court, and on his pedigree of a son-of-a-judge which in New York means everything.  A person with such a pedigree, as Richard Harlem's case indicates, can do ANYTHING, commit ANY fraud.

A son-of-a-judge like Richard Harlem has so far been protected by the 3rd Department disciplinary committee where one of the members of the committee was a partner in the law firm representing Harlem in the Neroni v Harlem case filed in May of 2011.

Instead of investigating and disbarring Richard Harlem based on evidence available from David Mokay AT THAT TIME - the 3rd Department committee protected Harlem and instead disbarred my husband.

Then, when my husband's case was transferred by the 3rd Department to the 4th Department, and the 3rd Department recused, the 4th Department is now afraid to touch the case, even with the affidavit of David Mokay, and preferred to turn down the case on jurisdictional grounds and return the affidavit back to Mr. Neroni.

But, in view of what Richard Harlem did with his father in the Blanding saga, in view of what Richard Harlem did - and continues to do - in the Mokay case, we do not know how many more such "ghost clients" Richard Harlem has, but it would be definitely prudent for any party or attorney opposing Richard Harlem and his law firm in litigation to verify whether Richard Harlem and his law firm, indeed represents who he says he represents.

Many attorneys pointed out to me when I practiced in Delaware and Otsego Counties that Richard Harlem is "sleazy", "be careful around him", "he is a dangerous person", and that he is known to squeeze attorney fees out of a stone and create them out of the thin air.

Now we know that legal fees in the Mokay case, at least against David Mokay were certainly created out of the thin air.

It is interesting that I have had reason to believe since April of 2011 that the recently-retired Judge Carl Becker, who presided previously over the Estate of Andrew Mokay's case in the Surrogate's Court from 2007 to April of 2015, knew about the fraud, because back in January of 2011 Judge Becker told David Mokay that Richard Harlem does not have to speak to David Mokay when David Mokay complained that Richard Harlem refuses to speak to him.

The only reason why Richard Harlem would not have to speak to David Mokay was if Richard Harlem did not represent David Mokay.  Richard Harlem claimed at the same time to the Delaware County Supreme Court, Judge Fitzgerald, that he actually did represent David Mokay.  Becker knew that David Mokay is listed as a Plaintiff in the Mokay case in the Supreme Court.  Becker was later assigned to that case without disclosure of his possible knowledge that David Mokay was NEVER a Plaintiff.

Moreover, Becker granted to Harlem a motion blocking my discovery in the case, including interrogatories that each of the alleged Plaintiffs, including David Mokay, had to personally sign under oath. 

That is where Harlem's fraud would have come out, because David Mokay could have said right there, in answer to interrogatories, that he is not a Plaintiff in that action.  

Moreover, back in January of 2011, in the Surrogate's Court hearing where my husband was not a party and was not called despite his clear interest in what was discussed, Becker rolled right over David Mokay in that same transcript, hinting at him that David Mokay is "moving against the current".

After I discovered that obvious sign of fraud, events started to happen rapidly.

Judge Becker "impounded" the transcript of surrogate court proceedings of January 18, 2011 (you can check that with the Delaware County Surrogate's Court clerk, File No. 2007-021 must be still there since Judge Guy, assigned to the case when it was transferred to the Supreme Court, refused to abide by the order of the court and refused to transfer the file to the Supreme Court).

The "impounded" transcript revealed Becker's likely knowledge of the fraud back in 2011 and hid it from public view, dismissed my husband's lawsuit against Richard Harlem and crew (Neroni v Harlem, Delaware County Index No. 2011-547), punished me for violation of Judge Robert Harlem's privacy (!) by quoting his and his son's misconduct from open court records and pleadings of NYS Attorney General (!), and for making frivolous pleadings.

Since the punishment (several thousand dollars) was imposed for my pleadings for a plaintiff at the pre-answer stage, when such pleadings are presumed-true, I was punished for TRUE CRITICISM of judicial misconduct.  It was very like Becker to do that.

Also, right after my discovery of fraud, my husband was disbarred (by a disciplinary committee where one of the members' law firm represented Richard Harlem in Neroni v Harlem and, judging by their billing statements, were engaged in ex parte communications with Becker and the next judge on the case, Ferris Lebous).  Then my husband and I were sanctioned in various cases, first only by Becker, then, based on Becker's sanctions, by other judges, and then my own law license was suspended.

The root of all of the assault upon my husband and I was - Becker's personal grudges against us, his jealousy against my husband, who was Becker's law school classmate and did better in life than Becker, and Becker's obvious involvement in the cover-up of Harlem's fraud in the Mokay case.

It is also interesting to trace how Richard Harlem's attempt to put his every sneeze and into attorney fees backfired.

I do not know whether trial exhibits existed in the Mokay trial, because Judge Dowd held the trial ex parte, behind closed doors, did not allow public to view the trial, blocked my access to trial exhibits after the trial and ordered trial exhibits released to Richard Harlem, so exhibits either disappeared or are irreversibly contaminated by now.

But, the trial transcript of the ex parte trial refers to multiple exhibits listing motions made by Richard Harlem.

For each motion described in the trial transcript, there must be a supporting attorney's affirmation.

Each supporting attorney's affirmation is made under oath.

Each supporting attorney's affirmation of Richard Harlem claiming that he represented David Mokay was false and was a separate count of fraud upon the court, because it claimed that Richard Harlem and his law firms represented David Mokay, which was not true, and Richard Harlem knew it was not true.

I wonder whether Delaware or Otsego County district attorney will have enough courage to bring fraud upon the court charges against Richard Harlem, Eric Jervis and James Hartmann.

Actually, they both may be disqualified from the case as witnesses.

Richard Harlem billed his alleged clients for conversations with Delaware County DA and two ADA's, and Co-Defendant's attorney Michael Getman who "aligned himself with" Richard Harlem's purported clients, is the Chief Assistant District Attorney of Otsego County, disqualifying both offices, so a special prosecutor may have to be assigned to the criminal case against these attorneys.

Harlem did the same thing in the Estate of Andrew Mokay, as he did in the Blanding case.

At the same time as holding me as Mr. Neroni's then-counsel and Mr. Neroni at bay and blocking us from direct communications with David Mokay because we thought he was a represented party, Richard Harlem robbed the Estate where David Mokay was a creditor, with his $95,000 petition against the Estate.

In the Estate of Andrew Mokay, Richard Harlem sold assets of the Estate and claimed attorney fees out of the sale proceeds, over David Mokay's objections, before satisfying David Mokay's claim as a creditor.

David Mokay, a disabled unrepresented individual, apparently felt helpless to oppose the robbery.

Now, apparently both David Mokay and my husband Frederick J. Neroni have claims against Richard Harlem, Eric Jervis, their law firms and James Hartmann for fraud upon the court - and the statute of limitations for these claims is 6 years.

Many of the currently presiding judges will reach mandatory retirement age before the end of those 6 years, allowing at least a possibility that a fair and impartial judge with no personal investment in the case may be assigned.

Since the fraud upon the court continues as we speak, where Richard Harlem and his law firm oppose Mr. Neroni's appeal claiming, once again, that he represents David Mokay, the statute of limitations gets more and more extended.

The 4th Department committee actually returned David Mokay's original affidavit back to Mr. Neroni, afraid to proceed with the investigation of such an obvious and major fraud against the politically connected attorney.

I am publishing this affidavit here as a citizen journalist, to expose misconduct of Richard Harlem, Eric Jervis and James Hartmann.

I cannot speak to David Mokay since my suspension of November 13, 2015, since it will be then misinterpeted as an attempt to give "illegal legal" advice, and our family already had enough of that kind of harassment with my husband - my husband had to file a lawsuit to fend off 3rd Department's disciplinary committee with their claims that he cannot talk to my clients, cannot sit in front of his own computer, talk to people in his own home or accept delivered mail without being accused with practicing law without a license.

Yet, I can publish David Mokay's affidavit as a journalist.

I did not make the decision to publish the affidavit lightly.

But, when the 4th Department returned the affidavit and refused to investigate, on pretextual grounds, I started to fear that the next thing will be pressure upon David Mokay to recant, or threats to punish him for exposing Richard Harlem and his crew.

With his affidavit published, any reasonable person will clearly see that if any pressure is imposed upon David Mokay from November 30, 2015 (when my husband first sent David Mokay's affidavit to the 4th Department, obviously stirring up a storm), if any government agency associated with Delaware County, Otsego County or other entities where Richard Harlem and his father judge Robert Harlem had connections, if David Mokay is deprived of any rights by local governmental authorities, you will know that it may be retaliation against him for coming forward and exposing the fraud of Richard Harlem, Eric Jervis and James Hartmann.

And, one thing may actually work in our favor in attorney disciplinary rules.  New York did not change in attorney disciplinary rules when it changed those rules in December of 2015 - there is still no statute of limitations for attorney discipline.

Thus, fraud upon the court of Richard Harlem, Eric Jervis and James Hartmann can be brought up at ANY time as a disciplinary matter.

And, come July of 2016, a complainant now has a right to appeal dismissals of a complaint.  

So, the complaint that was rejected by the 4th Department on jurisdictional grounds can just as well be refiled after the new rules, complete with the right to appeal the possible dismissal of the complaint.

I will certainly describe the reaction of disciplinary authorities to this extraordinary case of fraud upon the court by politically connected attorneys that lasted so long and caused, and is continuing to cause, so much damage to so many people.




A fundraiser to buy more asses is needed in Delaware County, New York

No, really.

While the population of Delaware County, New York is dwindling, so that downtown Delhi, the County seat, has reportedly turned into a ghost town, we have the following interesting developments defying reason in that same ghost county.

The population is dwindling - but an extra judicial position is created to handle the "growing case load".   Of course, the position was created at the request of Carl Becker and his friends, to have two Becker-like judges on the bench to handle all of Becker's friends' business.  Becker wanted two of his buddies to replace him on the bench - Kirkwood and Northrup, only one got in, but the "outsider" Gary Rosa has quickly started to blend with the environment and act just like good old Carl Becker did.

So, we do have two Carl Becker's on the bench in Delaware County - handling the "increasing caseload" while population declines, people leave the county in droves, the local college increasingly switches to online-only courses, thus student population drops, too, and no tourist or business traffic comes in.  A court monitor, if such a person comes, will find clerks in the Delhi courthouse drowsy half the time rather than doing anything essential.

The population is dwindling - but an extra Assistant District Attorney is hired to handle the "growing case load", of course, the extra ADA is paid out of fines, which is completely illegal - but apparently, the job as an ADA is better for Sean Becker than his previous job as an associate of Brett Cowen, the Facebook friend of Judge Dowd's law clerk Claudette Newman (who is also married to  the timid attorney Sarah Cowen).

So, I guess, things are not going that well for the greatly advertised "Cowen law firm", and Sean Becker switched to become an ADA at the right time, even if it meant engaging in a conflicted prosecution of Alecia Bracci, after Sean Becker, as part of Brett Cowen's law firm, was the attorney for Alecia Bracci's child in the Family Court proceedings - and did not disclose the conflict to the presiding judge Gumo.   

Delaware County also proudly announced recently that it now has horseback police for "crowd control".  The only crowds Delaware County has is the growing deer and bear population.

There are two "events" in Delaware County where people gather into anything remotely looking like a crowd - those events are: 

1) the Walton County Fair in August for 7 days

2) "Fair on the Square" in Delhi, NY 4 (four) days a years in July.  

In Fair-on-the-Square horseback police is not needed because the square is tiny and the horses will not fit.

In Walton County Fair, there are no crowds needed to be controlled on horseback, and to have horseback police to "control crowds" for the total of 11 days a year is ridiculous.

Maybe, not ridiculous enough, of course, if you consider that Craig Dumond, Delaware County Undersheriff, "trains" and boards the "police horses" on his own horse farm, giving business to himself and his wife.  After all, Delaware County does not hold public bidding on such training and boarding contracts - as is its nice little tradition.

After horses, come dogs.

Meet "Ozzie", a German shepard entrusted into the handling of a police officer with a history of violence, John Demeo.  

I know as an attorney that John Demeo tasered a woman in front of her hysterical three small children, and one taser shot actually reached a child - and that was on a winter night, after John Demeo barged into the woman's home at 3 o'clock in the morning for no legitimate reason whatsoever.

After that, John Demeo was removed from Walton police force, but then resurfaced as the Ozzie-handler.

I heard reports from some clients of additional - grievous - misconduct of John Demeo, but all of that is covered up by Civil Rights Law 50-a blocking disclosure of police misconduct to impair cross-examination of police officers in criminal proceedings (an intended statutory 6th Amendment violation).

John Demeo was part of illegal raid on Barbara O'Sullivan's property in September of 2014 which occurred, as we now know, without a valid arrest warrant, so John Demeo had no right to be on her property, but John Demeo was not investigated or disciplined for misconduct in Barbara's case.

I had dogs, and large dogs, my entire life, in both Russia and here in the U.S., and, as any large-dog owner and handler can tell you, a mentally unstable handler should not handle a dog as serious as a German shepard, it will result in a mentally unstable dog prone to unnecessary violence.

I had the displeasure of cross-examining John Demeo in an administrative proceeding, and John Demeo's reactions showed that only the presence of the judge prevented him from bursting out and going at me physically, so pissed-off he was at my questions.

There is no question in my mind that John Demeo is a violent man and should be as far away from police force, and from a German shepard, as possible. 

Relegating Demeo to handle dogs rather than people, while allowing him to remain on police force armed with taser, baton, gun and authority of a police officer, does not diffuse the situation, and John Demeo is a huge liability for Delaware County taxpayers waiting to happen.  The Delaware County taxpayers should be happy that Demeo's previous victims who reported his misconduct to me, did not sue.

In the future, Demeo, and Delaware County employing him, might not be so lucky.

Instead, John Demeo is "honored" as Ozzie's handler.


 Look at those who are "honoring" Demeo.

It is the same Craig DuMond, the "police horse trainer and boarder", on the left.

And, it is investigator Karl Vagts, whose girlfriend is reportedly sister to Lt Stanton who invented a rule that only my files, as the then-attorney of Barbara O'Sullivan must be searched as a condition of visiting Barbara O'Sullivan, my then client, in the Delaware County jail.

After Demeo was "honored" in 2014, there is a report that recently, a fund-raiser was held "for Ozzie" that reportedly garnered nearly $30,000.  


And, the Delaware County Sheriff's Department reportedly is planning to buy yet another Ozzie - and, very possibly, give that Ozzie-2 to handle to another nut like John Demeo.

Here is the nut John Demeo - portrayed while hugging a child.   Such a nice man.  




There are no pictures posted of John Demeo tasering a helpless woman in her night clothes in the middle of the night in the presence of her scared-to-death children - and tasering a child in the process.  Not newsworthy, was it?

What next in Delaware County?

We have an extra - unnecessary - judge to handle "growing caseloads" while population dwindles.

We have a self-serving undersheriff Craig Dumond training and boarding (without public-bidding contract) "police horses" for "horseback police" for crowd control in the county where there are more bears than people.

We have a violent nut John Demeo handling a German shepard who just got money to get yet another German shepard and what - turn it into a killing machine, like Ozzie-1 very likely is, judging by who his handler is?

So, we have the local police who has hooves instead of brains, teeth instead of brains, tasers and guns instead of brains - and no integrity or conscience whatsoever.

Why don't we, ladies and gentlemen, taxpayers of Delaware County, come together and just buy some asses because we have enough dogs and horses, but obviously not enough of asses in Delaware County?

Since Delaware County gradually replaces people with animals in its "public service", animals both two-legged and four-legged, we will be quite in the trend with that fund-raiser. 

I am sure asses, nice, fuzzy and hard-working animals (let's make sure we are buying only hard-working asses, we have enough of lazy ones), will be better public servants for Delaware County than what we have.