THE EVOLUTION OF JUDICIAL TYRANNY IN THE UNITED STATES:

"If the judges interpret the laws themselves, and suffer none else to interpret, they may easily make, of the laws, [a shredded] shipman's hose!" - King James I of England, around 1616.

“No class of the community ought to be allowed freer scope in the expression or publication of opinions as to the capacity, impartiality or integrity of judges than members of the bar. They have the best opportunities of observing and forming a correct judgment. They are in constant attendance on the courts. Hundreds of those who are called on to vote never enter a court-house, or if they do, it is only at intervals as jurors, witnesses or parties. To say that an attorney can only act or speak on this subject under liability to be called to account and to be deprived of his profession and livelihood by the very judge or judges whom he may consider it his duty to attack and expose, is a position too monstrous to be entertained for a moment under our present system,” Justice Sharwood in Ex Parte Steinman and Hensel, 95 Pa 220, 238-39 (1880).

“This case illustrates to me the serious consequences to the Bar itself of not affording the full protections of the First Amendment to its applicants for admission. For this record shows that [the rejected attorney candidate] has many of the qualities that are needed in the American Bar. It shows not only that [the rejected attorney candidate] has followed a high moral, ethical and patriotic course in all of the activities of his life, but also that he combines these more common virtues with the uncommon virtue of courage to stand by his principles at any cost.

It is such men as these who have most greatly honored the profession of the law. The legal profession will lose much of its nobility and its glory if it is not constantly replenished with lawyers like these. To force the Bar to become a group of thoroughly orthodox, time-serving, government-fearing individuals is to humiliate and degrade it.” In Re Anastaplo, 18 Ill. 2d 182, 163 N.E.2d 429 (1959), cert. granted, 362 U.S. 968 (1960), affirmed over strong dissent, 366 U.S. 82 (1961), Justice Black, Chief Justice Douglas and Justice Brennan, dissenting.

" I do not believe that the practice of law is a "privilege" which empowers Government to deny lawyers their constitutional rights. The mere fact that a lawyer has important responsibilities in society does not require or even permit the State to deprive him of those protections of freedom set out in the Bill of Rights for the precise purpose of insuring the independence of the individual against the Government and those acting for the Government”. Lathrop v Donohue, 367 US 820 (1961), Justice Black, dissenting.

"The legal profession must take great care not to emulate the many occupational groups that have managed to convert licensure from a sharp weapon of public defense into blunt instrument of self-enrichment". Walter Gellhorn, "The Abuse of Occupational Licensing", University of Chicago Law Review, Volume 44 Issue 1, September of 1976.

“Because the law requires that judges no matter how corrupt, who do not act in the clear absence of jurisdiction while performing a judicial act, are immune from suit, former Judge Ciavarella will escape liability for the vast majority of his conduct in this action. This is, to be sure, against the popular will, but it is the very oath which he is alleged to have so indecently, cavalierly, baselessly and willfully violated for personal gain that requires this Court to find him immune from suit”, District Judge A. Richard Caputo in H.T., et al, v. Ciavarella, Jr, et al, Case No. 3:09-cv-00286-ARC in the U.S. District Court for the Middle District of Pennsylvania, Document 336, page 18, November 20, 2009. This is about judges who were sentencing kids to juvenile detention for kickbacks.


Monday, February 18, 2019

#TheCrimeToBeNamedMelania. Part 5. No immigrant farmer will own prime real estate in the middle of the business district of Oneonta, New York. A special kind of due diligence necessary before buying property in Oneonta, New York and Otsego County

In the four articles of the #TheCrimeToBeNamedMelania series so far, I have written about discriminations and misconduct surrounding the Oneonta Hotel bought in 2015 by a couple of Romanian Americans, Melania and Nicolae Pervu - whose business is now practically shot with the help of, among other people, husband and wife Merzigs - the wife who authored the "order to vacate", as the Chairperson of the Oneonta, New York Board of Public Service, and the husband who verified that petition - instead of the wife, mind, as the law requires, not to draw attention that he is enforcing his wife's (a local business consulting firm owner's) order and not acting "for public interest".








Part III#TheCrimeOfBeingNamedMelania. How to steal a lucrative business from an immigrant with the help of a New York court. A tutorial. Part III. The burden of proof is on the Respondents - when a judge's and a city attorney's wives are involved in the mess. But, of course! - can be read here.



It is an open secret that the City of Oneonta, New York and Otsego County is predominantly white and deeply racist and xenophobic - anti-immigrant and anti-non-white.

The City of Oneonta was repeatedly sued for racial profiling in criminal cases, yet, it continued to do that for years, and, as far as multiple readers report to me, they continue to do it to this day, and racial profiling in the City and County was the subject of repeated local protests.

In 1992.
In 2005.
In 2012.
In 2014.


To check the racial profiling in how the all-white police investigates, how the all-white prosecution prosecutes and how the all-white judicial corps judges criminal cases, one can simply visit the Oneonta City Court (in Oneonta) and the Otsego County Court (for felonies, the worst of crimes) in Cooperstown, New York on arraignment days - they are open to the public.


With the census and a visitor's own eyes show that the city of Oneonta, New York and the County of Otsego are overwhelmingly white (but for students in Oneonta, New York - who are, together with their young minority professors, repeatedly targeted with racial profiling), those in jail jumpsuits and hand- and leg-cuffs in court are predominantly minority - Latino and African American.

The City of Oneonta was sued (including its former, now deceased by suicide, mayor Richard Miller, sued in his individual capacity) for deliberately trying, with the help of fabricating criminal charges, following around a man, Timothy Baron, who committed the double offense of being black and an immigrant, stopping him illegally, dragging him out of the car in the middle of the night while he did nothing wrong, beating him up, tasering him, pepper-spraying him, locking him up and fabricating criminal charges against him (a B felony).

Then, the county prosecutor John Muehl, famous for his 1. drinking and 2. corruption (just word-search my blog about his name, I have a lot of documentary information posted on the blog about him, as about all other public officials I mention in this article), kept threatening that man that if he does not cave in, does not plead guilty and does not go conveniently to prison, as John Muehl and so many others wanted him to do, John Muehl would pad up the charges through yet another grand jury and will pack him away for more.

And, the white Judge John Lambert, the former prosecutor from the same DA's office, after numerous ex parte conferences with John Muehl, the police and probation, kept denying motions of that black man and kept dragging him to unnecessary "conferences", to drain him of finances for an attorney, so that he would not be able to afford an attorney at trial - as is Judge John Lambert's habit of so many years, both in criminal and in civil proceedings.

Then, right before trial, when the man could not be coerced into a plea and the trial was right around the corner, John Muehl suddenly filed with the court for a permission to DROP charges because - lo and behold - he did not have his supposed main witness for prosecution (and, possibly, never had that witness in the first place).

So, all his threats of padding up the charges in order to coerce the man into a guilty plea and to go to prison was just bluff.

Charges were dropped and the man sued in federal, putting into his lawsuit a description of how his entertainment business, catering to minorities in Oneonta, New York, 
  • was repeatedly raided by the city police, 
  • badmouthed without basis that it was a source of crime in the city, and 
  • denied - by mayor Dick Miller who was coincidentally the Chairman of the Board of the Oneonta Art Performance Center (where the Oneonta City judge Lucy Bernier who was packing the man away in jail at arraignment and trying to deny him release when I asked for a felony hearing despite the fact that the felony hearing was not provided, and the release without bail was required by law, was a member of the Board) - denied a rental space in the Performing Arts Center while the Center advertised and continued to advertised that it had rental spaces available, specifically because Dick Miller advised the man, Timothy Baron, that Dick Miller did not want "his kind of people" not only in the Performing Arts Center, but in town, too.

The most recent lynching mob against minorities in Oneonta, New York was held on social media just last month when a black man, Terrence Truitt, was arrested without a good reason, charged with an arson that supposedly was the cause of death of a local former firefighter John Heller, and the local mourners of John Heller turned into a lynching mob and demanded death of Truitt, as torturous as possible, presumed his guilt and viciously bashed at anybody who dared to point out his presumption of innocence.  Moreover, the complaints of the lynching mob in Oneonta, New York caused the GoFundMe to stop a fundraising campaign for the defense of the presumed-innocent indigent black man - while the same GoFundMe freely allows fundraising campaigns of accusers of crimes, like Dr. Ford - accuser of the now U.S. Supreme Court Justice Brett Kavanaugh.

So, any immigrant needs to be beware what kind of town they are trying to settle in.

Just run the words "racial profiling" and "city of Oneonta New York" together in Google and see the results.

Just go to Pacer.gov, register a credit card account and look up lawsuits against the City of Oneonta - before you are making an investment in that city, without regard whether lawsuits are won or not - considering how hard for plaintiffs of this kind to get an attorney and how hard federal courts try to revoke licenses of attorneys who dare to sue state and local governments.

Just look up the mentioning of corruption in the local government - or how the local government used its authority of claiming a business is not up to code to get rid of "unwanted" (minority) business owners, in order to give it to wanted (white) business owners.  

It is actually all in open access, a matter of public records.

The racism, the xenophobia, the family clans, the corruption, the double standards.

The County Attorney (a DSS lawyers, DSS contracts to subsidize poor tenants, a lawyer for the Sheriff and the county prosecutor) and the Chief Administrative Judge for the entire upstate New York who assigns all judges to cases in upstate New York and is seated in Otsego County as a Supreme Court (trial court of general jurisdiction) judge are wife and a husband.

 Which allows the wife to hold both a fulltime County Attorney job at the expense of taxpayers, and a job at a private law firm, Hinman, Howard and Kattel, working for that firm on taxpayer-paid time.


And, the Chief Administrative judge's influence will get Ellen Coccoma a free assigned counsel in federal court, a representation by  NY State Attorney General who represents STATE officials, in order to claim that she was NOT sued as a state official - and dismiss the lawsuit this way.  The representation became necessary when Ellen and Michael Coccoma's personal liability insurance denied them coverage of legal representation because they did not cover legal representation of intentional misconduct and fraud - as was alleged in the federal lawsuit against the both.

Remember that local public officials who violate your constitutional rights are entitled to an "assigned counsel for the rich" if you sue them - while you will be scrambling to find an attorney who would dare to go against the government.

And, even if you find and attorney to represent you when the government sues you - and sink tens of thousands of dollars into that representation - he will be trembling like a leaf, telling you, as attorney #HonRyanTDonovan reportedly told Melania Pervu, not to even mention the word "corruption" - which was obvious in the case - and, when Melania Pervu insisted that Donovan should do his job and address all issues in the case, including misconduct of local public officials, Donovan took leave and left Melania and Nicolae Pervu in the middle of a contempt proceeding, while Donovan was amply paid for representation in that proceeding.

As to the lawsuit against Michael and Ellen Coccomas (brought by my husband, pro se) was that the lawsuit was denied, my husband sanctioned for bringing it, ordered to pay attorney fees to those he sued (meaning, the sanctions decision is ON THE MERITS, while the court dismissed the lawsuit BEFORE REACHING THE MERITS) - and blocked from filing CIVIL RIGHTS LAWSUITS in the future without asking permission to file.

Because saying the "c" word (corruption) in court is not allowed in our God-blessed country.

Also, public records are available that Michael Coccoma was assigned to the case that started in 2007 and eventually led to the unlawful disbarment of my husband in 2011, quickly recused (as he did in Melania and Nicolae Pervu's case), but then, as an Administrative Judge kept assigning judges to it throughout its long history - and his wife Ellen Coccoma, as a member of attorney disciplinary committee, made a decision to bring disbarment proceedings - no, not against a local son-of-a-judge attorney Richard Harlem who sued on behalf of a client who never hired him to do that, sued representing both defendants and plaintiffs in the same case - but my husband who complained about the conflict of interest.

So, this couple.

Another husband-and-wife couple in the local government worth noting is the husband and wife Merzigs.

The wife, Margery Merzig is the longtime business consulting owner - and a Chairperson of the Oneonta Board of Public Services, issuing decisions that buildings of local businesses are not up to code.

The husband, attorney David Merzig, as a City Attorney, seeks enforcement of his wife's decisions through local (all-white) courts, featuring:

Judge Lucy Bernier - Oneonta City court, the former Board member of the Oneonta Performance Arts Center who got off the board when a lawsuit for racial discrimination was brought against the Center;
Judges Michael Coccoma, Brian Burns and John Lambert - at the County and Supreme Court level, all former prosecutors of the same county.

Let's not forget the Sheriff Richard Devlin - just re-elected for another term - and his son, a local police officer.

The son, reportedly, openly threatened to shoot up two elementary schools, the father blocked investigation for nearly 2 years, put the son on a PAID leave, never investigated or charged him with a crime - and the son was allowed to simply "resign" from the force, under public pressure, after getting paid for so many months for being under administrative (not criminal) investigation.

The father was re-elected - consider that somebody actually voted for that particular Sheriff to get him reelected.

Of course, running the "Devlin" last name on the website of the New York State Board of Elections website, their Campaign Finance, disclosure reports page, using the last name Devlin as a search criteria, returns a lot of names of judicial candidates with the same last name:


making one wonder.

Devlin, you know, is not Smith, and there are a lot of governmental dynasties in the State of New York, including judicial dynasties.

And, of course, one needs to check out the site guidestar.org, a database of non-profits across the United States, and browse freely and openly available tax returns of local non-profits, and who is on their boards of directors, who are their highest paid officers and employees (listed in tax returns), and how they cross-finance one another.

This way, a potential non-politically-connected investor conducting a due diligence research of what can potentially jeopardize his investment in Otsego County, New York, will find a Dewar Foundation, stationed in Oneonta, New York, a multi-million pot of money through which the local Chief Assistant District Attorney (and son-of-a-late-judge) Michael Getman gives tens of thousands of dollars to many local nonprofits, including those where local judges are on boards of directors - securing/buying for himself favorable rulings of all government officials in the area and immunity in case of any complaints about his misconduct.

By the way, the level of impunity as to Michael Getman can be demonstrated by the fact that the New York State Attorney General investigated and even filed a civil lawsuit against Michael Getman and his then-alive judge-father Frank Getman in 1999 for stealing from that same Dewar Foundation, big time.

Neither one was disbarred.

Neither one was criminally prosecuted.

Frank Getman was not disciplined as a judge or taken off the bench.

The case was hushed ("settled") in such a way that nobody suffered.

Michael Getman was only removed from voting on Dewar's decisions for a short while, and now is right back holding the reigns of Dewar and distributing its money.

But, I bet, nobody does this kind of due diligence before buying property in Otsego County.

People, especially starry-eyed immigrants who came to this country as a beacon of freedom and protector of human rights (this is how the U.S. portrays itself in self-propaganda anyway), presume that there is rule of law in Oneonta, New York, and in Otsego County.

But, if you do just a little research before you buy a property - and you see husbands and wives, sons and fathers - in key positions, for years and decades, in the local government, you can, and should, EXPECT CORRUPTION, and be wary of buying property up there, because it will be super-easy to deprive you of your life savings, without any remedy at law.

As it happens in Otsego County again, and again, and yet again.

People routinely learn about discrimination, and about their own inability to do anything about it - because they already voted in, through apathy or lack of knowledge, the same clans into the same key positions over, and over, and over again - only when they already invested their money and do not have an easy way to just up and leave.

As Melania and Nicolae Pervu did.

As to WHO may have been interested in the property, and the specifics of how those investors' desire to squeeze the Pervus out of their prime real estate was, and is handled by the local government officials, I will continue to write in these series.

Stay tuned.


Friday, February 15, 2019

New York disbars an attorney for misconduct as a judge? For something that ALL judges do routinely? What really happened in #AlanSimon's case? Whose path did he cross?


This is a long story of double standards in how judges are or are not taken off the bench in the glorious State of New York, and are or are not disciplined for misconduct as judges and as attorneys, so, please, bear with me.

A couple of days ago New York State disbarred an attorney, Alan Simon, for misconduct that he committed as a judge, and was taken off the bench for this misconduct.

The disbarment of Alan Simon is actually a spectacular thing that happened - because, as a sneak preview, he was taken off the bench and disbarred for what many, if not all other judges in New York State, at all levels, routinely do in court, and the punishment usually falls on the opposite side, on those who dare to criticize and expose them, in and out of court.

Let's look at those double-standards.

Under the canons of constitutional jurisprudence of the U.S. Supreme Court, regulation of the "practice of law" is unconstitutional.

For 2 reasons.

  1. The law, to be constitutional, must have a clear prior (before the conduct happened) statutory definition - and what the hell "the practice of law" is, nobody knows.  In New York, "the practice of law" is also not clearly defined by statute - but is vigorously regulated and used as a sword against attorneys criticizing the courts anyway.
  2. Remember the standard of proof in criminal proceedings - beyond the reasonable doubt?  Violations of the regulation of the "practice of law" are prosecuted in the U.S., the State of New York included, through criminal proceedings, for 
    1. "unauthorized practice of law", and for
    2. criminal contempt of court.
In both of these cases, the "practice of law" is the main element of the crimes - so, that element must have not just a clear prior statutory definition, but a clear prior statutory definition that would be cler beyond the reasonable doubt of a non-lawyer juror of average education and intelligence, from the cross-section of the community.

Do we have that definition anywhere in the United States, including the glorious and now "democratic" and "pro human rights" State of New York?

Of course, not.

So, has the regulation of the practice of law declared unconstitutional by court on these simple grounds, and based on the supposedly mandatory and binding precedents of the U.S. Supreme Court - I pointed out a lot of them in my recent 3.5 page article that suddenly attracted interest from law professors from across the world and jumped to the top 4% of articles read on Academia.edu?

Of course, not.

Because who regulates the "practice of law" - unconstitutionally?

Right, courts do.

And who is supposed to declare that regulation unconstitutional?

Well, the courts are supposed to.

And will courts declare what they themselves do, and what gives them power over access to court of all Americans, as well as over financially powerful attorneys (who finance judicial election campaigns), and over financially and politically non-powerful attorneys who may sue judges for civil rights violations, and over powerful prosecutors who may bring criminal charges against judges violating people's civil rights and committing, thus, federal crimes - through unconstitutional regulation of the "practice of law"?

Well, they may be corrupt crooks, but they are definitely not idiots and will not upset their own apple cart.

So, the unconstitutional regulation of the "practice of law" continues.

And is used as a sword against attorneys criticizing judges, representing the poor and bringing civil rights lawsuits against the government, including judges - the unforgivable "abuse of legal process", in judges' opinion.

In 2008, a New York suspended attorney John Aretakis, the first attorney who sued Catholic priests for sexual abuse of children, on behalf of those children.  For making a motion to recuse a judge - and criticizing the judge in that motion for corruption.  The judge sanctioned John Aretakis, in a criminal proceedings for "frivolous conduct", the court-created rule not applicable to criminal proceedings.  The Appellate Division 3rd Department, instead of reversing and dismissing proceedings against John Aretakis, reversed and REMANDED them to the same judge, with instructions to the judge how to sanction John Aretakis in a way that will stick on appeal.  The offended judge did as he was instructed, sanctioned John Aretakis, on remand, for "contempt of court" (remember - for making the same motion to recuse?).

Then, the 3rd Department, wearing 3 hats at once, of 
  • a legislator of attorney "ethical"/disciplinary rules in (unconstitutional) regulation of "the practice of law", see above, 
  • an investigator/prosecutor (and also an "arm of the court", imagine a prosecutors and investigators being PARTS and ARMS of the court - an immediate disqualification for both sides, but this kind of thing continues across the U.S. in attorney disciplinary proceedings for 100+ years); and
  • of adjudicating court
suspended John Aretakis's license, for 1 year, that was 11 years ago, and John Aretakis is still without a license - because the court did not provide in its decision for an automatic reinstatement after 1 year, but John Aretakis has to humbly beg the court to return the license that was unconstitutionally revoked in the first place, in a regulation that is unconstitutional in the first place.

And John Aretakis did not beg.  So, he remains without a license.

While, this week, the revolutionary New York Legislature finally gave victims of sexual child abuse at the hands of Catholic priests the extension (not full repeal, mind) of the shameful statute of limitations that prevented John Aretakis to fully sue the bastards on behalf of the children.

But, among celebrations of the legislation, I do not see the name of John Aretakis mentioned. Because he is, you know, a suspended attorney, and recognizing that the suspension was as shameful as the statute of limitations upon his clients, is "not done" in New York.

By the way, John Aretakis was suspended without a hearing, just on the basis of the contempt of court sanction imposed upon him by the judge who was in that proceeding 

  • the initiator/party;
  • the alleged victim;
  • the unsworn witness;
  • the investigator;
  • the prosecutor;
  • the judge and the jury -
all in one.

In 2015, New York suspended the law license of another attorney, me, for 2 years, also without automatic reinstatement, also without a hearing, also based on sanctions imposed by the "offended" (corrupt) judge, also based on a motion to recuse the judge to which the judge reacted by instituting a "frivolous conduct" proceeding, based on a judge-made "rule of frivolous conduct", which is as vague (and as unconstitutional) as regulation of "the practice of law" is, and where the judge acted, like in John Aretakis' case, as

  • the initiator/party;
  • the alleged victim;
  • the unsworn witness;
  • the investigator;
  • the prosecutor;
  • the judge and the jury -
and then, the licensing court acted, behind closed doors, as

  • a legislator of the substantive and procedural rules;
  • the investigator and prosecutor; and
  • the adjudicator.
Of course, the result in such "court proceedings" is obviously pre-judged, so many attorneys do not even bother litigating, they just surrender their law licenses once they see they are targeted and move on with their lives, what's left of them.


"Coincidentally", I was an attorney who, in a poor rural mountain area, was THE ONLY lawyer who combined litigation in state criminal, civil (consumer debt, foreclosure), Family and federal civil rights courts, and sued local government officials, including social services and judges - who other attorneys, including the revolutionary ACLU and NYCLU, refused to touch with a 10-foot pole.

Well, now there is nobody to do that for the indigent in that poor area, as far as people keep telling me - but, what can I do?

In 2018, New York suspended, for 2 months only (but before judicial elections), the law license of yet another attorney, Gino Giorgini, for criticism of a corrupt judge in a motion to recuse.

That the judge was corrupt was confirmed by:

  • a series of newspaper articles about the judge's fixing cases through handing out lucrative assignments to friends and friends of friends (rich and politically powerful, of course);
  • New York State court system having to change the rules of assignment because of the judge misconduct;
  • New York Commission for Judicial Conduct NOT booting the judge in question off the bench only because "he did not know" that what he did was unlawful - because supposedly it was not discernable from the rules of assignment that it is bad for a judge to be partial and play into the hands of friends and financial sponsors; and by
  • the New York State Court of Appeals that reversed the judge's most corrupt decision.
That did not save Gino Giorgini's law license, though.

He was still suspended, and was told in the order of suspension that he is not allowed by disciplinary rules to criticize the judge's political corruption, in those words.

That said, there was one sacred cow for judges that was untouchable in attorney disciplinary proceedings.

That sacred cow was - judges themselves.

And, even though the suspension was only for 2 months, and "stayed", Gino Giorgini remains suspended as of today:




For example, 

1. an East Greenbush village part-time justice (and an employee of the Chief Administrative Judge for upstate New York Michael V. Coccoma), Diane L. Schilling, who was (and still is) and attorney was taken off the bench for trying to fix a traffic ticket for another judge's wife - but nobody touched her law license, and she continues to practice with "no record of public discipline".

Beautiful woman, isn't she?  Judge Coccoma has a good taste in female beauty in picking - and protecting - his employees.





And,

2.  A Family Court judge, who was also an attorney, Bryan Hedges, was taken off the bench for sexual molestation of his 5-year-old deaf-mute niece - but his law license remains intact, and he has "no record of public discipline", too.



And, 

3. A New York State Supreme Court Justice Christina Ryba, just before her day of election as a judge, was booted from her job of "special counsel" of (gasp!) the attorney licensing court, the Chief Judge of this court, for dishonest and unethical behavior - for using her position and the court system to circulate e-mails just before the election day in order to impress voters that she had support of the court system.

In other words, she has gotten herself elected by fraud.






She was not disbarred - after being fired BY AN ATTORNEY LICENSING COURT, FOR A BIG ETHICAL VIOLATION.

Instead, she was sworn in, 

my request to the New York State Commission for Judicial Conduct to take her off the bench as elected by fraud was denied - the Commission did not see any judicial misconduct in the situation.

And, she now "serves" as a Supreme Court Justice, with the truncated word "Honorable" as part of her job title, no less:






has "no record of public discipline", and - lo and behold - 



is on the Board of Trustees of the Albany Law School.



Imagine, you can only be trusted with funds of a non-profit forging (pun intended) the new lawyers of America if you have a record of fraudulent behavior, right?

And, after the former New York State Chief Judge Jonathan Lippman has publicly announced that the statute making it a crime to videotape OPEN court proceedings in New York is shameful and should be abolished, and despite the fact that now New York has a Democratic majority in the Legislature baking statutes left and right as pancakes, that statute - as well as the statute protecting records of police misconduct from public access - remains on the books and there is no indication that the "revolutionary" Legislature is going to repeal it any time soon.

Not to mention that, on top of that statute, the New York State court administration invented a rule,  court rule 22 NYCRR 29.1(a), prohibiting also AUDIO-recording (allowed by New York Penal Law without requesting consent of those recorded, as long as the person recording the conversation secretly is a party in it) - ANYWHERE in the courthouse, and here is how that rule is used in criminal proceedings.

Why?

Because:

1. Judges do not want to be booted off the bench after being caught on tape or on the audio recording in doing what they are habitually doing - fixing cases, making incompetent and rude statements and harassing litigants and attorneys; and

2. Judges do not want to be reversed on appeal if video-recordings are made part of the record.  Now they are not part of the record, and appellate courts routinely "defer" to the decisions of trial judges because they saw demeanor of witnesses, and the appellate court doesn't.  Why? Because it prohibits to create the full record through criminal law.

For example, Judge Carl F. Becker behaved quite as Alan Simon, and worse, but it was me who was suspended from "practicing law", and not him booted off the bench for pointing out to the Commission for Judicial Conduct what he was doing.

And, the same happened to attorney Gino Giorgini.

And, the same happened to attorney John Aretakis.

With this background, now I am asking a question - what was the REAL reason why judge Alan Simon was taken off the bench and then disbarred for his conduct on the bench - for which NO OTHER JUDGES get taken off the bench, or disbarred?

I will attempt to give some insights into this curious situation in one of my next blogs.

Stay tuned.

Tuesday, February 12, 2019

#TheCrimeToBeNamedMelania. The case of City of Oneonta v Melania and Nicolae Pervu, Part 4. How the City of Oneonta tried to stamp out "a Russian crime family" supporting Trump

I am continuing to publish articles about the case of Melania and Nicolae Pervu.

This is Part IV.






Part III#TheCrimeOfBeingNamedMelania. How to steal a lucrative business from an immigrant with the help of a New York court. A tutorial. Part III. The burden of proof is on the Respondents - when a judge's and a city attorney's wives are involved in the mess. But, of course! - can be read here.


Melania and Nicolae Pervu are a Romanian American couple whose hotel has been evicted - supposedly - by the government.

  • By - supposedly - the Board of Public Works of the City of Oneonta,
  • by - supposedly - the City of Oneonta attorney, 
  • by - supposedly - the New York State Supreme Court, and 
  • by - supposedly - the Otsego County Sheriff.
All public servants in taxpayers employment and pay.

All doing what is good for the people.

Right?

Not so fast.

Let's look at what neither the City of Oneonta Attorney David Merzig who has filed the petition where he swears under the penalty of perjury that the petition is truthful, did not tell anybody about.

Let's look at the story of how Melania and Nicolae Pervu purchased the Oneonta Hotel and what came out of it.

On May 22, 2015 a Romanian American couple - American citizens by naturalization who escaped communism and came to the U.S. for the better life in a supposedly more just society - bought a large historic building in the middle of the business district in downtown Oneonta, New York, 195 Main Street, the former "Oneonta Hotel".

The local rumors immediately branded them "Russians" and claimed that Russian criminals bought the place.

While a Romanian accent is close to a Russian accent, and while Melania Pervu looks close to how the American public would stereotype a Russian woman - light hair, round pretty face - the couple was definitely not Russian.

Yet, that did not really matter for the locals.

For many of the local people a person with an accent is presumptively a criminal.  

People are completely dense as to various accents and various alphabets and various cultures.

I remember how the clerk in the town where I came to live for 16 years refused to issue a marriage license for my then-would-be-husband and myself because my divorce certificate issued by the Russian Federation - surprise! - was in Russian, in Cyrillic alphabet.  She demanded to see an ORIGINAL divorce certificate in English.  

I also remember how my husband, a criminal defense attorney, won a criminal case because a local police officer stopped a Polish woman and considered her lisping Polish accent as proof of her being drunk.  On cross-examination, the cop revealed that he had no idea how Polish language sounds and that it has a lot of sounds that an English-speaking person can perceive as a lisp.

So, for the locals, the Romanian American couple was as Russian as Russian can be, and, if they were Russians, they had to be criminals, and, later on, if they were Russian criminals and supported Trump - they had to be ousted out of town.

I have written on this blog before, with a lot of documentary evidence showing how being Russian American, and especially being a Russian who does not even support Trump, but who would simply point out where Trump may be right and his opponents wrong - invites violent and vulgar personal attacks.

As it will be shown further in this article series, the rumors that Melania and Nicolae Pervu are Russian criminals that overtook a large hotel in the middle of the Oneonta business district will play a significant role in the fate of the couple's new business.

Having had a hard time rising to financial stability in the U.S., the couple decided to help those less fortunate with their business.

With that in mind, the couple turned the hotel into a place where they welcomed low income tenants subsidized by the government and called their place (unofficially) The St. Ekaterina Hotel, in the name of Melania's mother.

Yet, it is not that simple to help the poor in Oneonta, New York.

The moment the couple has bought the hotel, a reassessment happened, and the city has doubled the taxes on it.

In order to get some additional income, Melania Pervu decided to operate a hotdog stand - since there was no place to buy a hotdog on the Main Street, Oneonta, and there were a lot of students around, potential customers.  Oneonta is a student town, with two colleges - the private Hartwick College, and SUNY Oneonta, with nearly 6,000 students all in all, and students give a lot of business to the local community.

Reportedly, Melania Pervu duly applied for the health permit, tax number and city permit, and invested $7,200, on credit, for a hotdog cart.

The permits were given to her, but not for long.

Because Melania Pervu did not just sell hotdogs.

She sold hotdogs while proudly supporting Donald Trump for President in his elections, had a message like that in her hotdog cart window and flew a flag like that on the cart.

Moreover, Melania Pervu, a survivor of a communist state, talked to students who were buying hotdogs and discussing her support of Trump with her - and telling them what communism is like, and why does she support Donald Trump, in whom Melania Pervu saw protection from the onslaught of communism upon the country.

Within 5 days of her operating the hotdog cart, the City of Oneonta has sent its police to yank her hotdog permit and shut down her hotdog business, telling her that the permits were supposedly given to her "by mistake".

It took a complaint to the New York State Senator James Seward, who also has an office in Oneonta, New York, and a local influence, to have her hotdog license restored.

The City of Oneonta did not relent, though, in its efforts to oust the Pervus, for three reasons.

  1. Not only the Pervus were "Russian criminals" supporting Trump and upsetting students (and their parents) with explanations as to why Trump is good for the country, between selling them hotdogs, but 
  2. the Pervus upset their neighbors from 189 Main Street by housing the poor and thus dropping prestige of the business district, and
  3. they owned a lucrative business downtown that many people "better than them", more influential, craved.
And the onslaught has begun.

As to the details of the onslaught, stay tuned for more articles in this series.

I will publish documents, as I always do, describing the case.