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.


Thursday, April 21, 2016

Delaware County, NY - hiring relatives into positions of power without credentials, without application, but by invitation

I am continuing to publish portions of the deposition of the former NY Delaware County (alleged) Deputy Sheriff Derek Bowie, nephew of Delaware County District Attorney's investigator Jeff Bowie, who is being sued by two look-alike women, both for assaults, while Derek Bowie, after assaulting them, fabricated criminal charges against both of them, and both of those criminal charges were dismissed.

There are also numerous other members of the Bowie family "toiling away" in Delaware County, the land of clans.

Local press wrote - twice in 2013 - about the little fact that Jeff Bowie did not even pass the civil service test while working for Delaware County District Attorney's office forever.




Yes, that's right.

A person who "earned" $77,700 in the year 2013, did not have on file evidence that he passed a civil service test.

Usually, a person cannot even be hired without such evidence.

Not in Delaware County, obviously.

Now let's see how Derek Bowie, Jeff Bowie's nephew, was hired for the position of Delaware County Deputy Sheriff in - he said at the deposition in Kylie Smith's case, November of 2009.

Here is Derek Bowie's "educational background" - a dropout of the Broome County Community college after an incomplete year at that community college:


New York state "Deputy Sheriff's exam" does not require more than a high school to take the exam, so that may be ok.

With one exception - in answers of the Delaware County to FOIL requests, it was not revealed that Derek Bowie took or passed that exam.

Here is Derek Bowie's work experience, according to his own sworn statements at the deposition on April 14, 2015:







So, on April 14, 2015, Derek Bowie was 33 years old.

He dropped out of Broome Community College at the age of 19 or 20, which makes it 2001 or 2002.

At that time, Bowie worked at a Chi Chi's Restaurant in Johnson City - a Thai food restaurant which reportedly is closed by now.



 Bowie worked at Chi Chi's "for 3 or 4 years" from 2001 or 2002 - up to 2004.

Bowie worked at Chi Chi's until 2004 at the same time as working at Deposit Computer Services, Incorporated, or DCSI.


Here is what DSCI is, does and contact information of its managers.





"Providing application server provider (on-line ASP) services. Involved in Carbon Processing Services, Financial Services, Logistics, and all other forms of information capture, manipulation and storage outsourcing services"?

So, Derek Bowie worked, for 3 or 4 years, in a place that captures, MANIPULATES and stores information for other people?

Gets more and more interesting.

While police personnel records are sealed by Civil Rights Law 50-a, records or prior employment are perfectly subpoenable, so where Derek Bowie worked puts out a trail of places that can provide information about him and people who can be subpoenaed to testify about him.

So, Derek Bowie, worked in Chi Chi's and in DCSI at the same time until 2004, when he was "laid off" by DCSI - or fired?  That is up for grabs in any civil lawsuit for discovery to verify.

The company still exists. 

After Bowie was allegedly "laid off" by DCSI, he claims he collected unemployment.

Unemployment is not usually collected if a person is fired for cause, but it needs to be verified whether Derek Bowie told the truth or lied whether he collected unemployment - given that Derek Bowie lied about other things, and fabricated evidence in his submission to Workers' Compensation (presented what was described in his medical records a bruise, possibly a self-inflicted bruise, according to the video provided in discovery in Barbara O'Sullivan's case, as a bite, which is a materially different injury), it will not be beyond him to lie on this topic, too.

While collecting unemployment, Derek Bowie practiced martial arts and received a purple belt in karate.











Ok, after Derek Bowie was allegedly laid off from DCSI, allegedly collected unemployment - he did not say what happened with his parallel employment at Chi Chi's, by the way - he wouldn't be able to collect unemployment if he continued working at Chi Chi's - Derek Bowie allegedly got hired, for two weeks, by a "Val Blue Associates" in Binghamton, NY.  I did not find such an organization on the Internet.

After two weeks at "Val Blue", Derek Bowie allegedly got a "better job" at James Cammer Building Contractor, as a carpenter and carpenter assistant, where Derek Bowie allegedly worked until 2007.  

So, in addition to working for a company that "captured, manipulated and stored" information, and holding a purple belt in karate, Derek Bowie is also an accomplished carpenter.



Here is information about James Cammer Building Contractor available on the web:



In 2007, at the age of 25, according to his own statement of his age (33 in 2015), Derek Bowie got hired full time by the Deposit Village Police, while he started working there part-time on March 15, 2005 (at the age of 23), while also working as a carpenter/assistant carpenter at James Cammer Building Contractor.



Derek Bowie worked for the Deposit Village Police - including part time - for 4 years, from 2005 to 2009.

Then he was "invited for an interview" by Delaware County Sheriff's Department (while his uncle Jeff worked as an investigator for the Delaware County District Attorney's office) - and, without even filling an application, without verification of his credentials or residency, he got hired as a Deputy Sheriff of Delaware County since November 1, 2009.






Nowhere in the deposition there appears a question - or answer - whether Derek Bowie has passed two tests:

1) a civil service tests - necessary for such an employment, or
2) a Sheriff's Deputy test - also necessary for such an employment.

But, his uncle Jeff Bowie worked for the same county without any petty formalities for years, such as:


  • without being properly appointed from a civil service registry (meaning - only people who first passed a civil service test and, after passing the test, got on the civil service registry, can be hired for civil service jobs);
  • without ever taking a civil service exam - for his current position or any other; and
  • with an expired certification as a deputy sheriff (without an indication when the certification ended)




As I said before, Delaware County, NY, according to its own answers to my FOIL requests, does not have an anti-nepotism policy (a policy prohibiting close relatives from working for the County).

What the County apparently has, as we see, is an unwritten policy of hiring relatives into positions of power without ANY applications, without the necessary credentials, and obviously not "out of civil service registry" - BUT BY INVITATION.

And that little policy exposes the County - and all of us captive cash cows, the taxpayers feeding that County's coffers - to a huge liability for civil rights violations.

Make your County officials accountable.

Demand impeachment and criminal prosecution of those who, for years, continued to engage in this little corrupt scheme of "my clan is my best credential (even when I commit a crime)" - and that little policy is funded at your expense, Delaware County taxpayers.

Demand change from the County.

I certainly will.





Deposition of Derek Bowie in Kylie Smith's case: stalling questions about Barbara O'Sullivan's case

I finished the reading of the deposition of the former ALLEGED Deputy Sheriff of Delaware County Derek Bowie in Kylie Smith's federal civil rights lawsuit scheduled for a jury trial for this coming December.

All the glorious 140 pages.

What a read.

Somewhere in the middle, Derek Bowie beaten girlfriend's attorney starts asking Bowie questions about Barbara O'Sullivan's case - I don't know at that time, whether the attorney knew that Barbara O'Sullivan is a look-alike of Kylie Smith, which, under the circumstances of both women ending up beaten by the same rotten cop, raises interesting and alarming thoughts of a serial in the making.

Derek Bowie's attorney goes all up in arms and claims that his client will not be making any statements about "pending litigation".

Kylie Smith's attorney inquires whether information he is seeking is privileged (that is the only reason why Bowie would be able to escape questions at such a deposition).

To assert the 5th Amendment privilege against self-incrimination Bowie had to have a reasonable expectation and fear of criminal prosecution.

With his uncle an investigator in the Delaware County District Attorney's office, with Derek Bowie involved in two assaults on women - in January 2013 in Broome County and in September 2014 in Delaware County - and with both District Attorneys NOT pressing any charges against him, because he is a cop and comes from the family of cops firmly entrenched in local governments, and with ties to a District Attorney's office - there was no basis for such fear, and Bowie HAD to answer questions at the deposition about Barbara O'Sullivan's case, as a matter of law.

Moreover, Bowie did not even personally assert the privilege - it was for Bowie, not for his attorney, to assert the privilege, and he did not do that.

Still, the questions at the deposition about Barbara O'Sullivan's case were stalled, because the attorney - unlawfully instructed Bowie not to answer such questions, and Kylie Smith's attorney, surprisingly did not insist much.

So, Derek Bowie's attorney stalled - unlawfully - questions about Barbara O'Sullivan's case in Kylie Smith's case, asserting "pending litigation" against Derek Bowie (civil litigation).

The interesting part was that Derek Bowie himself tried to get Barbara O'Sullivan to divulge information in that civil case about her criminal case (now dismissed), which had nothing to do with her claim.

Her claim was asserted based on the events of September 5, 2014.

Bowie fabricated a criminal case against her based on the events of September 18, 2014, which obviously had nothing to do with Barbara's claim.

Bowie, sued in his individual capacity for an intentional tort of assault and battery, also defaulted.

Of course, Delaware County provided to Bowie, who was not even a legitimate Deputy Sheriff (according to the deposition, he lived in Broome County while falsely putting into his driver's license information and into his W2's that he lived in Delaware County, and while parking his patrol vehicle overnight at his mother's house in Delaware County to make it appear he resides in Delaware County), with a free legal defense team, at the expense of taxpayers.

Of course, Judge Lambert allowed to vacate the default of Derek Bowie on a completely frivolous statement by Bowie's attorneys, the Frank Miller Firm (who bowed out of his representation in Kylie Smith's case because of conflict of interest, where a member of their team attorney Brian Georgiady vigorously and in a hostile manner asked Derek Bowie questions at the deposition), that the Delaware County Sheriff's Department, Bowie's employer, did not know about his lawsuit.

First of all, whether Delaware County Sheriff's Department knew about a lawsuit against one of its employees, in an individual capacity, was absolutely irrelevant to the issue whether default should or should not be re-opened.

Delaware County was not sued in Barbara O'Sullivan's case, Notices of Claims do not have to be filed in intentional tort cases, because the County does not have to reimburse its employees in lawsuits for torts brought against employees doing something intentionally wrong, not just negligent, while on the job.

Moreover, you know who served upon Derek Bowie, personally, Barbara O'Sullivan's lawsuit?

The Delaware County Sheriff's Department.

Under such circumstances, to claim that Delaware County Sheriff's Department was "unaware of the lawsuit" - that it not only served, but also provided an affidavit of service to the court - was beyond frivolous.

Yet, Judge Lambert swallowed it - and vacated the default based on this fraudulent argument.

It has also been reported to me that one of the supporting affidavits for this arguments was also forged.

Two last pages were missing in the initial submission, that was scanned without those two last pages.  Then, the two last pages mysteriously appeared in the paper file.  Barbara O'Sullivan asked the Delaware County Clerk's office (she had to ask Deputy Clerk Deb Goodrich, the Clerk Sharon O'Dell is avoiding her) and the Delaware County Supreme Court Clerk Kelly Sanfilippo, how come that affidavits in court cases get "amplified" in this way, they gave her the perfect "Schultz defense" - "we don't know, we didn't see anything".

Of course they didn't.

Court files are available for anybody's review, there is no court supervision over review of the files (with one exception - when Tatiana Neroni asks to review trial exhibits from a court case for purposes of working on an appeal, then such records are not available for her review even with court supervision), so anybody can put anything into the file, or take anything out of the file.

The only degree of verification of what was originally filed is the scanned copy of the document - if the document is immediately scanned, and if scanned documents cannot be re-scanned, and files replaced in the record.

I do not know what technology is available to the Delaware County Clerk's office to replace scanned copies of "incorrect" documents in the file.

In this case, Barbara confronted the court personnel in time, and ascertained for herself that the initial supporting affidavit scanned missed two pages.

Ok, with all this fraud going on on Derek Bowie's side in Barbara O'Sullivan's case, Derek Bowie's attorneys in that case, the Frank Miller Firm (who disqualified themselves in Kylie Smith's case), asked the court to do you know what - sanction Barbara O'Sullivan for delaying resolution of the case and for stalling discovery!

When they asked her to disclose information about her then-pending criminal case.

When Derek Bowie refused to answer questions even about his civil case (hers) at the deposition by Kylie Smith's attorney.

And, Frank Miller's firm failed to disclose to Judge Lambert the little itty-bitty detail that Derek Bowie was not even a legitimate Deputy Sheriff at the time of his claim of "dog bite" (Judge Lambert generously allowed Derek Bowie to file even a counter-claim against Barbara O'Sullivan, despite the obvious default).

And, if he was not a legitimate Deputy Sheriff, and, since Judge Lambert HIMSELF established that the warrant with which Derek Bowie arrived on Barbara O'Sullivan's property was invalid, Derek Bowie's legal status on her property was as a criminal trespasser, who arrived on her property with an intent to commit a crime - kill her dog (and, according to Kylie Smith's attorney, he was accused of killing a dog by beating it to death before, by a witness in Deposit, NY by the name of T.J.Brown), subject her and her daughter to false arrests, get her out of the house.

And the dog had to be killed or taken out of the house because Derek Bowie and his crew wanted to illegally search the house looking for this:




Derek Bowie undertook his illegal Men-in-Black assault on Barbara's house, Barbara's daughter and her daughter's dog in an effort to get - and, no doubt, destroy - the tablet with which Barbara was videotaping how Bowie was roughing up yet another female victim of Derek Bowie, Barbara's daughter Alecia.

That's why Derek Bowie backed his patrol vehicle into Barbara O'Sullivan in the first place, to destroy the tablet in her hands - her own life and safety be damned.

He did not finish the job, so he used his armed authority to get a forged warrant, likely from the Delhi Town Court Clerk Kathy Fletcher because Judge Gumo was away dealing with his own troubles at the New York State Commission for Judicial Conduct (and Judge Lambert already issued an order that the warrant was invalid, based on Gumo's testimony that was "either confused or disingenious" - in other words, Gumo lied under oath whether the warrant was signed or stamped, and if stamped, who has the hold of his signature stamp).

I wonder, I just wonder - how much more of this crap will Judge John Lambert or his court attorney Mark Ousler buy from the disqualified law Frank Miller Law Firm of the illegitimate former Deputy Sheriff of Delaware County Derek Bowie who was caught (but never prosecuted) for (1) pummeling various look-alike women; (2) beating up dogs and then pretending he was bitten by those dogs (by the way, one of Barbara's daughter's dogs DID get killed, under mysterious circumstances, after Barbara's criminal case was dismissed and after her daughter Alecia's was acquitted.

Both Barbara's and Alecia's criminal cases were brought on charges fabricated by Derek Bowie - and the prosecutors who prosecuted Alecia at trial in February of 2016 and who nearly brought Barbara to trial in the same February of 2016, knew or should have known that Derek Bowie was not a legitimate Sheriff's Deputy at the time of events charged, because Derek Bowie's deposition where he testified under oath that he lived in Broome, and not in Delaware County, happened - at the Delaware County building - much earlier, on April 14, 2015.

Now Frank Miller's firm asks Judge Lambert - without disclosing that Derek Bowie was not a legitimate cop at the time of events charged in his counter-claim - TO SANCTION BARBARA for not answering questions about her NOW SEALED criminal case?

How much more CRAP will Judge John Lambert swallow to help cover up local police misconduct?

How much more? 





Tuesday, April 19, 2016

Deposition of Derek Bowie - and they sent THIS man to a residence with dogs?

From questions of Kylie Smith's attorney at the deposition of Derek Bowie, and from some reluctantly given answers, the following picture arises:




So, according to Kylie Smith's attorney, there is a witness, a Mr. T.J.Brown who resided with Derek Bowie at the same apartment building, who can testify that:

  • when somebody else's dog killed Bowie's dog, Bowie, in retaliation, has beaten that dog to death.
Derek Bowie actually confirmed that there was an internal investigation about that incident - which was not made known to the public.

And - THAT man, a potential dog killer, with a history of violence to women and dogs, was sent to arrest two women in a remote wooded location, at night, where the women's house was guarded by dogs?

Really, Delaware County?

How many more armed perverts do you send to people's doors on a daily basis?

Deposition of Derek Bowie: the issue of the patrol vehicle - and of other, more necessary, police equipment

I continue to publish portions of the deposition of Derek Bowie - issue by issue.

In this blog, I am going to show portions where Derek Bowie is questioned about where he parks his patrol car - he claimed he parks it at the address that is on his driver's license and employee forms (W2's), in Delaware County - while he resides in Broome County, and while he may not be employed in Delaware County Sheriff's Department as a Deputy Sheriff if he does not live in Delaware County.






Look how cynically this public servant lies under oath.

He claims that some mysterious "former undersheriff" gave him an "oral permission" to park the car a mile from where he lived - but that is also an admission that the undersheriff knew that he lived in Broome and not where he parked the car and not where the mail came.

And, if Bowie was allowed to park the car some place away from home, how could that car be covered for liability for theft for that overnight parking?

It is clear that Bowie was neglecting his duties to protect people and to come as fast as he could - that's why he was given the right to have his government-issued vehicle with him overnight - in order to be able to falsely claim he lives in Delaware County and not where he lived in reality with his girlfriend - the yet unbeaten one, Jessica Valentino, his aider and abettor in the false arrest of Kylie Smith.

And there is an interesting detail.

Officer Derek Bowie kept his patrol vehicle that he needed, when called as a police officer, to get to places where he is needed at his earliest convenience - parked overnight at his mother's place, a mile or so away from his home.

But you know what he held right at home, as a necessary instrument that he needed to always have by his side?

Handcuffs.

Right by his and his girlfriend's bed.





Deposition of Derek Bowie in #KylieSmith's lawsuit: claimed residence in Delaware County, lived in Broome County - and thus was not a legitimate Deputy Sheriff of Delaware County

I mentioned in one of my previous blogs that, according to deposition of Derek Bowie, alleged former Deputy Sheriff of Delaware County, New York, Derek Bowie resided in Broome County while claiming he resides in Delaware County.

The difference that Delaware County requires of its police officers to live in the county.

Derek Bowie knew the policy, claimed on his driver's license and on his employment forms (W2's) that he resides in Delaware County, kept his police patrol vehicle parked at his mother's house (in Delaware County), while residing in Broome County.

It was possible because the town of Deposit, NY, where Derek Bowie resided for many years, is located on the border of two counties, some addresses are Broome County addresses, and some - Delaware County addresses.

Here are portions of deposition of Derek Bowie taken on April 14, 2015 about his residency:
























See how Bowie lies to protect the fact that he does not live in Delaware County, but that the incident when he was beating Kylie Smith happened in the apartment where he actually lived - in Broome County:



I hope this information will help someone to impeach this liar and violent criminal whose local tribal connections protect him from criminal prosecution - if he dares to falsely testify in any more court proceedings.





Judge David S Card of Deposit Town court (NY) recused when asked to disclose connections to the Bowie family

I was informed that judge David S. Card, of the Town of Deposit criminal court, has recused in haste, when he was asked either to recuse, or disclose his connections to the Bowie family (see my two previous blogs).

The reader indicated to me that a motion to recuse was filed in the Deposit Town Court, and that Judge S David Card was turned into the New York State Commission for Judicial Conduct, because he ruled in a case involving a person associated with the "enemies of the Bowie" family without disclosure that he is a close personal friend to the Bowie family - as reported to the reader by a reputable source, and ruled against that person without formal court orders, reasoning or explanations, even though the opponents reportedly defaulted.

If you are brought in front of Judge David Card, and brought by Derek Bowie or his uncle Jeff Bowie or any other member of the family, beware the connection.

Judge Card is not disclosing it voluntarily unless confronted.



#JeSuisBarbara, #JeSuisKylie - charity begins at home

I just ran a blog about terrible harm done to two women by one police officer whose family, firmly entrenched in the local government of Delaware County, New York, protects him from any accountability.

Over the time of Barbara's and Kylie's ordeals, there were many publications on Facebook where people identified with victims of violent crimes very far away from them.

The hashtag #JeSuisCharlie gathered crowds and a firestorm of posts on social media around the world.

It is good when people show such solidarity with victims located far away from them.

Yet, it is better - and definitely more helpful - if they help and support victims that live, struggle and fight right next to them.

There was no attempt in the local press to cover Barbara O'Sullivan's or Kylie Smith's story or to help them.

There was no attempt in the local press to expose misconduct of Derek Bowie or those who covered up for him and who continue to cover up, who hired him again as a police officer, who provide to him, at taxpayers' expense, legal defense in civil lawsuits that were brought because of his misconduct.

Charity begins at home.

#JeSuisBarbaraOSullivan

#JeSuisKylieSmith