In November of 2015 it came out that Richard Harlem's representations to several courts for 8.5 years that David Mokay was suing my husband in the Mokay saga were false.
As said David Mokay in a sworn affidavit.
Since David Mokay never testified in any proceedings where he was allegedly a Plaintiff, over 8.5 years, never submitted any affidavits, and since Richard Harlem fought tooth and claw to prevent David Mokay from having to answer interrogatories under oath, to prevent my husband and myself as my husband's attorney from seeing the original of the retainer agreement, and to prevent our contact with David Mokay, it is clear that David Mokay is telling the truth.
The feds just obtained a criminal conviction and sentencing for 2 years in federal prison against an attorney who falsely added 100 parties to asbestos lawsuits.
Richard Harlem falsely added "just one" party to a lawsuit - which changes only the number of criminal counts.
My question is - when will Richard Harlem be investigated, prosecuted and locked up by the feds?
Richard Harlem's father, the retired Supreme Court judge, died in 2012 and cannot protect Harlem now, and his political connections may be wary of protecting the obvious fraudster, especially in view of the looming shadow of Preet Bharara who already obtained convictions of the two heads of New York Legislative chambers, Sheldon Silver and Dean Skelos, and is now after the New York State Governor Andrew Cuomo.
Richard Harlem's longtime tenant New York State Senator Seward may be wary to offer help to Richard Harlem in view of what happened to Sheldon Silver and Dean Skelos.
And, the recent tendency is to discipline judges for disobeying the law - not so good for sons of judges like Richard Harlem, is it?
So - my question is, when will Richard Harlem be prosecuted by the feds?
Sunday, May 8, 2016
Will attorneys Mary Gasparini, Monica Duffy and Andrew Ayers go to federal prison for falsifying court records?
I am talking about two disciplinary attorneys who handled my case in New York Appellate Division 3rd and 4th Judicial Department, and about the Assistant Solicitor General of New York State Andrew Ayers.
The trio claimed to several courts, falsely, but successfully, that I did not attend a deposition and caused a default of my two clients by not answering a default motion.
The claim brought about my suspension from the practice of law.
Available court documents submitted to the court showed that the deposition and motion in question occurred in 2008 when I was not admitted to the bar.
Therefore, not only I was not required to attend the deposition or oppose the motion AS AN ATTORNEY, on behalf of client, but I was forbidden by criminal law to do that.
Later on, attorney Mary Gasparini submitted to the court fabricated transcripts and attempted to criminally prosecute me when audio tapes of the transcribed proceedings showing that the transcripts she submitted to the court were fabricated ended up online, for the entire wide world to hear.
It has been recently reported that an attorney was sentenced to 2 years in federal prison for falsifying court records.
I am sure Preet Bharara, the U.S. Attorney for the Southern District of New York who is chasing corrupt New York "big fish", can find in his busy schedule some time to prosecute these three people.
I will file a complaint, and will follow up with it, as I will follow up with my previous complaint with Preet Bharara, about corruption of Governor Cuomo and Judge Leslie Stein.
Because in federal law, unlike in New York State law, the attorney general has an obligation to turn complaints of citizens into investigations of the grand juries and may be compelled by court to do that if he refuses.
The trio claimed to several courts, falsely, but successfully, that I did not attend a deposition and caused a default of my two clients by not answering a default motion.
The claim brought about my suspension from the practice of law.
Available court documents submitted to the court showed that the deposition and motion in question occurred in 2008 when I was not admitted to the bar.
Therefore, not only I was not required to attend the deposition or oppose the motion AS AN ATTORNEY, on behalf of client, but I was forbidden by criminal law to do that.
Later on, attorney Mary Gasparini submitted to the court fabricated transcripts and attempted to criminally prosecute me when audio tapes of the transcribed proceedings showing that the transcripts she submitted to the court were fabricated ended up online, for the entire wide world to hear.
It has been recently reported that an attorney was sentenced to 2 years in federal prison for falsifying court records.
I am sure Preet Bharara, the U.S. Attorney for the Southern District of New York who is chasing corrupt New York "big fish", can find in his busy schedule some time to prosecute these three people.
I will file a complaint, and will follow up with it, as I will follow up with my previous complaint with Preet Bharara, about corruption of Governor Cuomo and Judge Leslie Stein.
Because in federal law, unlike in New York State law, the attorney general has an obligation to turn complaints of citizens into investigations of the grand juries and may be compelled by court to do that if he refuses.
Alabama follows Wyoming - and a new trend in judicial discipline is born, taking state judges off the bench, from low to high rank, for not following precedents of the U.S. Supreme Court
In an interesting move, Alabama suspended its Chief Judge Roy Moore for defying the precedent of the U.S. Supreme Court regarding constitutionality of the gay marriage.
In that move, Alabama is following the example of the State of Wyoming where the judicial disciplinary board took off the bench Magistrate Judge Ruth Neely for doing the same as Alabama Chief Judge Roy Moore did - defying the U.S. Supreme Court precedent regarding constitutionality of gay marriage.
With the only exception that in Wyoming a low-ranking judge was taken off the bench, while in Alabama they dared to suspend and start removal proceedings against the Chief State judge - for defying a U.S. Supreme Court precedent.
Meanwhile, I have a long list of judges in New York state and federal court defying a long list of U.S. Supreme Court precedents, as I am sure, is happening in other states.
Those precedents they defy are not about gay marriage.
They are about retaliation for contents of protected speech, right to work and due process.
Since the tendency started, I suggest constitutional referendums in New York and other states replacing lawyer- and judge-controlled disciplinary boards for judicial discipline by citizen panels composed of citizens without any professional, social or familial ties to the legal profession or the judiciary.
Such panels can, for free, without any budgets, start reviewing non-compliance of the state judiciaries, with mandatory precedents of the U.S. Supreme Court on important civil rights issues.
I am sure people will be enthusiastic about the topic and no additional infusions from the budget will be needed for such an endeavor.
Which state will be the first?
I will surely ask the NYS Commission for Judicial Conduct to revise some of their decisions not to discipline certain judges, in view of the encouraging examples of judicial disciplinary boards in Wyoming and Alabama.
Way to go!
In that move, Alabama is following the example of the State of Wyoming where the judicial disciplinary board took off the bench Magistrate Judge Ruth Neely for doing the same as Alabama Chief Judge Roy Moore did - defying the U.S. Supreme Court precedent regarding constitutionality of gay marriage.
With the only exception that in Wyoming a low-ranking judge was taken off the bench, while in Alabama they dared to suspend and start removal proceedings against the Chief State judge - for defying a U.S. Supreme Court precedent.
Meanwhile, I have a long list of judges in New York state and federal court defying a long list of U.S. Supreme Court precedents, as I am sure, is happening in other states.
Those precedents they defy are not about gay marriage.
They are about retaliation for contents of protected speech, right to work and due process.
Since the tendency started, I suggest constitutional referendums in New York and other states replacing lawyer- and judge-controlled disciplinary boards for judicial discipline by citizen panels composed of citizens without any professional, social or familial ties to the legal profession or the judiciary.
Such panels can, for free, without any budgets, start reviewing non-compliance of the state judiciaries, with mandatory precedents of the U.S. Supreme Court on important civil rights issues.
I am sure people will be enthusiastic about the topic and no additional infusions from the budget will be needed for such an endeavor.
Which state will be the first?
I will surely ask the NYS Commission for Judicial Conduct to revise some of their decisions not to discipline certain judges, in view of the encouraging examples of judicial disciplinary boards in Wyoming and Alabama.
Way to go!
Friday, May 6, 2016
Wyoming is not Kentucky - not at all
In Kentucky, they praise and support a clerk refusing to issue state licenses to gay couples, in defiance of court orders. And even some presidential candidates got a couple of seconds in the spotlight by holding hands with the (in)famous Kim Davis.
And, Kentucky even changes rules removing clerk's names from marriage licenses to accommodate Kim Davis' requests to honor the clerks' religious beliefs in doing their service to their constituents, both religious and not.
In Wyoming, on the other hand, they removed a judge from the bench who refused to marry gay couples because of her religious beliefs.
Wyoming is surely not Kentucky.
And, the territories allowing bigotry of public officials, at least in some areas, is rapidly shrinking.
I wonder when punishing people for free speech by public officials will be deemed bigotry as atrocious as denying marriage licenses to gay couples.
I hope it will happen on my lifetime.
One can always hope.
And, Kentucky even changes rules removing clerk's names from marriage licenses to accommodate Kim Davis' requests to honor the clerks' religious beliefs in doing their service to their constituents, both religious and not.
In Wyoming, on the other hand, they removed a judge from the bench who refused to marry gay couples because of her religious beliefs.
Wyoming is surely not Kentucky.
And, the territories allowing bigotry of public officials, at least in some areas, is rapidly shrinking.
I wonder when punishing people for free speech by public officials will be deemed bigotry as atrocious as denying marriage licenses to gay couples.
I hope it will happen on my lifetime.
One can always hope.
Barbara O'Sullivan's house fire: Troop C is still not in compliance with Public Officers Law 66-a
On April 29, 2016 I wrote on this blog that State Police Troop C in Margaretville, NY is not in compliance with Public Officers Law 66-a in regards to Barbara O'Sullivan's access to incident reports in the case of her suspicious house fire that nobody is investigating.
Now Troop C gave Barbara the following form to fill out and get copies of the records "from Albany":
First, 6-8 weeks is not a "reasonable time" within the meaning of Public Officers Law 66-a.
Second, why Albany and why a copy of the report if, pursuant to Public Officers Law 66-a, when an inquiry for ACCESS and INSPECTION of records is made, the first thing that the custodian of the police records (and that's Troop C, not "Albany") must do is ascertain whether they have any reports and what kind - and only then charge the person fees in accordance with Public Officers' Law 66-a, depending on what is in the record and what the inquirer wants to see and have copy of?
Where is the inspection of the records?
No records, right?
Takes 6 to 8 weeks to fabricate something to appease Barbara O'Sullivan?
Yet another murderous Delaware County (NY) cop? Who would think...
A former Deputy Sheriff in Delaware County, NY, was just indicted for assault and attempted murder of his wife.
Well, at least former Deputy Sheriff Theodore Tiska was indicted.
Yet, there is another former Deputy Sheriff of Delaware County, NY, employed by the Deposit Police Department, armed and on the loose, who attempted to kill two women, on January 16, 2013 and on September 5, 2014, and was never prosecuted (because his uncle works as an investigator in the local District Attorney's office).
Derek Bowie likely attempted to kill Kylie Smith on January 16, 2013 - judging from court papers - by first fracturing her ribs and then sitting on them and shifting his weight on them, which could cause the ribs to penetrate Kylie Smith's heart or lungs or other vital organs.
And, Derek Bowie attempted to kill Barbara O'Sullivan by ramming a police patrol vehicle back into her while she was videotaping Derek Bowie's misconduct with a tablet.
Neither of these assaults and attempts to murder were investigated by the Delaware County District Attorney's office employing Derek Bowie's uncle Jeff Bowie as an investigator.
Instead, Barbara O'Sullivan was criminally prosecuted - charges against her finally had to be dismissed in February of 2016, but then her two dogs died and her house burned down under suspicious circumstances, where she is lucky she escaped alive, and nobody is investigating that either.
What else is new in Delaware County, New York...
Well, at least former Deputy Sheriff Theodore Tiska was indicted.
Yet, there is another former Deputy Sheriff of Delaware County, NY, employed by the Deposit Police Department, armed and on the loose, who attempted to kill two women, on January 16, 2013 and on September 5, 2014, and was never prosecuted (because his uncle works as an investigator in the local District Attorney's office).
Derek Bowie likely attempted to kill Kylie Smith on January 16, 2013 - judging from court papers - by first fracturing her ribs and then sitting on them and shifting his weight on them, which could cause the ribs to penetrate Kylie Smith's heart or lungs or other vital organs.
And, Derek Bowie attempted to kill Barbara O'Sullivan by ramming a police patrol vehicle back into her while she was videotaping Derek Bowie's misconduct with a tablet.
Neither of these assaults and attempts to murder were investigated by the Delaware County District Attorney's office employing Derek Bowie's uncle Jeff Bowie as an investigator.
Instead, Barbara O'Sullivan was criminally prosecuted - charges against her finally had to be dismissed in February of 2016, but then her two dogs died and her house burned down under suspicious circumstances, where she is lucky she escaped alive, and nobody is investigating that either.
What else is new in Delaware County, New York...
What judges in Texas are locked up for, judges in New York are praised and rewarded. The cases of Christopher Dupuy and Carl Becker
I wrote on this blog that my law license was suspended - without a required hearing - based entirely on sanctions imposed upon me by the now-former judge Carl Becker, who sanctioned me for making motions to recuse him based on lack of documents proving legitimacy of his elections in 2002, and based on appearance of impropriety and appearance of multiple conflicts of interest.
Not to mention that Judge Becker sanctioned me - and my pro bono client - after we both sued him, and the lawsuit was pending at the time sanctions were imposed.
Now, other jurisdiction approach the issue of judicial disqualification quite differently.
A lot of states have the following layers of protection for lawyers making motion to recuse a judge:
1) a peremptory challenge to a judge allowing an attorney to remove one judge from the proceedings without explaining reasons why (same as there are rights for peremptory challenges to jurors);
2) a rule prohibiting the challenged judge from ruling on any issue in the case, including the motion to recuse, once the motion is filed; the motion must be transferred and decided by another judge, and the case is stayed until that is done;
3) a rule allowing the challenged judge to rule on legal sufficiency and/or timeliness of the motion to recuse, but not on the merits.
A lot of states have one, two or all three above protections for lawyers.
New York State has none.
New York State allows challenged judges not only to rule on the merits of a motion to recuse, but to retaliate against the moving party - by sanctions (as was done with me and my pro bono client), and by physical force, as was done by Judge Kevin Dowd with a pro se litigant who dared to move to recuse him.
As I am learning now, other states also deal differently than New York in case judges retaliate against litigants or attorneys for making motions to recuse, or for even presiding over cases of parties who had pending lawsuits against judges.
In South Carolina, a "Merit Selection Board" of judges canned for re-election judge F.P. ("Charlie") Segars-Andrews who withdrew her pledge to recuse because of a conflict of interest and who has ruled in favor of the party and attorney who has benefited the judge's husband with a $300,000 bounty shortly before the judge presided over the case.
In Texas, the State Attorney General brought criminal charges against judge Christopher Dupuy for doing exactly what Judge Becker did to me - retaliating for making a motion to recuse.
In Texas, the now former Judge Christopher Dupuy was criminally charged for retaliation against attorney Lori Laird for making a motion to recuse the judge with abuse of office, perjury, taken off the bench on petition of State Attorney General and convicted of perjury and abuse of office on charges presented by State Attorney General.
At sentencing, a Texas judge reportedly told Judge Dupuy this:
"You brought an incredible dishonor to yourself, your name and this profession. ... Anybody who reads or knows about this case makes our job as judges harder because of what you did."
Judge Christopher Dupuy, by the way, tried to have his criminal prosecutor sanctioned for bringing criminal charges.
And, in North Carolina, a judge was censured for presiding over a case of a party who had a pending lawsuit against a judge.
In my case,
The bottom-line - New York is a real wonder world when it comes to the rule of law.
Not to mention that Judge Becker sanctioned me - and my pro bono client - after we both sued him, and the lawsuit was pending at the time sanctions were imposed.
Now, other jurisdiction approach the issue of judicial disqualification quite differently.
A lot of states have the following layers of protection for lawyers making motion to recuse a judge:
1) a peremptory challenge to a judge allowing an attorney to remove one judge from the proceedings without explaining reasons why (same as there are rights for peremptory challenges to jurors);
2) a rule prohibiting the challenged judge from ruling on any issue in the case, including the motion to recuse, once the motion is filed; the motion must be transferred and decided by another judge, and the case is stayed until that is done;
3) a rule allowing the challenged judge to rule on legal sufficiency and/or timeliness of the motion to recuse, but not on the merits.
A lot of states have one, two or all three above protections for lawyers.
New York State has none.
New York State allows challenged judges not only to rule on the merits of a motion to recuse, but to retaliate against the moving party - by sanctions (as was done with me and my pro bono client), and by physical force, as was done by Judge Kevin Dowd with a pro se litigant who dared to move to recuse him.
As I am learning now, other states also deal differently than New York in case judges retaliate against litigants or attorneys for making motions to recuse, or for even presiding over cases of parties who had pending lawsuits against judges.
In South Carolina, a "Merit Selection Board" of judges canned for re-election judge F.P. ("Charlie") Segars-Andrews who withdrew her pledge to recuse because of a conflict of interest and who has ruled in favor of the party and attorney who has benefited the judge's husband with a $300,000 bounty shortly before the judge presided over the case.
In Texas, the State Attorney General brought criminal charges against judge Christopher Dupuy for doing exactly what Judge Becker did to me - retaliating for making a motion to recuse.
In Texas, the now former Judge Christopher Dupuy was criminally charged for retaliation against attorney Lori Laird for making a motion to recuse the judge with abuse of office, perjury, taken off the bench on petition of State Attorney General and convicted of perjury and abuse of office on charges presented by State Attorney General.
At sentencing, a Texas judge reportedly told Judge Dupuy this:
"You brought an incredible dishonor to yourself, your name and this profession. ... Anybody who reads or knows about this case makes our job as judges harder because of what you did."
Judge Christopher Dupuy, by the way, tried to have his criminal prosecutor sanctioned for bringing criminal charges.
And, in North Carolina, a judge was censured for presiding over a case of a party who had a pending lawsuit against a judge.
In my case,
- the New York State Attorney General refused to bring a "quo warranto" proceeding against Judge Becker to remove him from office or to prosecute him for fixing cases for friends and abusing his office by retaliating against me and my clients,
- then, the New York State Attorney General represented Judge Becker in two lawsuits that I brought against him, one in state court, and one in federal court, for retaliation through sanctions imposed on me and my pro bono client by Becker after we sued him in State court; and asked, on Becker's behalf, to dismiss the lawsuits and leave us without a remedy - which was done;
- the NYS Commission for Judicial Conduct refused to sanction Becker, despite Becker's presiding and sanctioning a party and her attorney while having a pending lawsuit filed by that party and attorney against him, and instead
- I was suspended without a hearing for making motions to recuse Becker.
The bottom-line - New York is a real wonder world when it comes to the rule of law.
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