Recently I.F.F.O.C. has discovered corruption within our court system, as well as, the huge profits to be made. What citizens do not realize is that these courts have huge contracts with SRS, therapy, and other non-profit groups, in which creates a conflict of interest, to include the judge, due to the fact that these contracts go into a court general fund, in which 15% to 25% goes into the judges retirement fund out of the general funding source. They are destroying families for profit. People are under the false assumption that these agencies are there to assist them in their troubled times. They are wrong. They are only out for profits, and it even gets worse. They do not care for the best interest of your children. My daughter was raped in the system. We have dedicated our life to the preservation of families, and assist those who are caught up in this type of corruption. We will assist those who are in need of counsel and cannot afford it.
Please contact us at:
Mr. David Martin Price
3121 SE Fremont St.
Topeka, Kansas 66605
(785) 267-5132
iffocpresident@cox.net
Tuesday, November 5, 2013
Thursday, July 21, 2011
Kline: Grand juror held meetings outside courtroom
Posted: July 21, 2011 - 11:11am
the Topeka capital-journal
Billing records of an attorney representing Johnson County grand jurors raised concerns for former Johnson County District Attorney Phill Kline, he testified Thursday morning.
The billing records showed that grand jury forewoman Stephanie Hensel was having meetings outside the grand jury room with special counsel Richard Merker during the period when the investigative body was looking into abortions being performed at a Johnson County clinic.
Merker was one of two special counsel appointed to represent the 15-member grand jury during its deliberations.
Kline contends Merker presented grand jury members with a proposed agreement struck with Planned Parenthood of Kansas and Mid-Missouri — operators of the Johnson County clinic being investigated — that made further prosecution of the clinic impractical.
Kline said he first saw the proposed agreement on Feb. 20, 2008 and strongly opposed it, saying it blocked prosecutors from filing any charges based on records Planned Parenthood agreed to turn over to the grand jury.
The grand jury ultimately didn’t enter into the agreement, and jurors never viewed the patient records. It also did not return any indictments at the end of its term.
The proposed agreement with Planned Parenthood was sent before Feb. 20, 2008, Kline testified Thursday in his second day of testimony before a state disciplinary board. That contradicts Hensel’s testimony that she didn’t see it until Feb. 20, 2008, Kline said.
Hensel later filed an ethics complaint against Kline, alleging he intentionally misled the grand jury about provisions of a law regulating abortions in Kansas.
Kline earlier testified Thursday that protecting children was the main objective in his office’s investigation of abortion practices at the Johnson County clinic.
The former Kansas Attorney General, appearing for a second day before the Kansas Board for Discipline of Attorneys, said limiting abortions at the clinic was never a primary goal in his investigation.
The three-member panel is conducting an ethics hearing tied to Kline’s professional conduct during the investigation.
Kline has said he investigated late-term abortions only as a means to determine the failure to report abuse of underage girls, as evidenced by their pregnancy.
Kline’s earlier Thursday testimony involved what he told the grand jury about what it would be investigating when in session in late 2007 and early 2008.
Kline told jurors they would be looking at seven legal issues including late-term abortions and the mandatory reporting of underage girls receiving abortions.
The grand jury concluded its investigation of the clinic operated by Planned Parenthood in March 2008 without returning any indictments. Kline said he considered seeking a 90-day extension of the grand jury term, but said the panel was too “fractured” to continue.
During his 50-minute testimony Wednesday, Kline denied a previous witness contention that he tried to "demonize" the clinic, or that he called anyone "baby killers."
By the hearing broke for the lunch break, Kline had testified three-and-a-half hours on Thursday and Wednesday before the grand jury.
Kline has since left Kansas to teach at Liberty University in Lynchburg, Va.
Tuesday, February 22, 2011
Pa. judge guilty of racketeering in kickback case
By MICHAEL RUBINKAM, Associated Press Michael Rubinkam, Associated Press – Sat Feb 19, 3:04 am ET
SCRANTON, Pa. – A former juvenile court judge defiantly insisted he never accepted money for sending large numbers of children to detention centers even after he was convicted of racketeering for taking a $1 million kickback from the builder of the for-profit lockups. Former Luzerne County Judge Mark Ciavarella was allowed to remain free pending sentencing following his conviction Friday in what prosecutors said was a "kids for cash" scheme that ranks among the biggest courtroom frauds in U.S. history. Ciavarella, 61, left the bench in disgrace two years ago after he and a second judge, Michael Conahan, were accused of using juvenile delinquents as pawns in a plot to get rich. The Pennsylvania Supreme Court has dismissed 4,000 juvenile convictions issued by Ciavarella, saying he sentenced young offenders without regard for their constitutional rights. Ciavarella maintained the payments were legal and denied that he incarcerated youths for money. "Never took a dime to send a kid anywhere. ... Never happened. Never, ever happened. This case was about extortions and kickbacks, not about `kids for cash,'" said Ciavarella, who plans to appeal. Federal prosecutors accused Ciavarella and Conahan of taking more than $2 million in bribes from the builder of the PA Child Care and Western PA Child Care detention centers and extorting hundreds of thousands of dollars from the facilities' co-owner. A federal jury in Scranton convicted Ciavarella of 12 counts, including racketeering, money laundering and conspiracy, but acquitted him of 27 counts, including extortion. He is likely to get a prison sentence of more than 12 years, according to prosecutors — who revealed after the verdicts that a reputed mob boss turned informant helped them make their case. Parents of juveniles who appeared before Ciavarella were outraged that he was released after the verdicts. Ciavarella often ordered youths he had found delinquent to be immediately shackled, handcuffed and taken away without giving them a chance to say goodbye to their families. Some of the children he ordered locked up were as young as 10. Sandy Fonzo, whose son was jailed by Ciavarella — and committed suicide last year at age 23 — screamed obscenities at the judge and even poked him as he and his attorneys held a news conference on the courthouse steps. "My kid's not here anymore!" yelled Fonzo. "He's dead! Because of him! He ruined my ... life! I'd like him to go to hell and rot there forever!" Ciavarella glanced at Fonzo, then turned his back. Fonzo's son, Edward Kenzakowski, was a 17-year-old all-star wrestler with no prior record when he landed in Ciavarella's courtroom for possession of drug paraphernalia. She said her son never recovered from the months he served at the detention centers and a wilderness camp. Tears streaming down her face, Fonzo said she couldn't believe Ciavarella was allowed to walk out of the courthouse. "There's no justice, there's not. He's never going to get what he deserves," she said. "I just wanted to see him handcuffed and taken out. But when I saw him just being released with that stupid smirk on his face ..." The jury found Ciavarella guilty of taking a $997,600 kickback from Robert Mericle, the builder of the juvenile facilities — money he was ordered to forfeit to the federal government after the verdicts were announced. He was also convicted of failing to report the payments on his state-mandated financial disclosure forms and failing to pay taxes on the income. Jurors acquitted him of extorting Robert Powell, the facilities' developer and co-owner. The defense declared victory. "We're amazed. The jury rejected 95 percent of the government's case," said attorney Al Flora. "I find it interesting," U.S. Attorney Peter Smith said in response, "that a man just convicted of racketeering is claiming any sort of a victory out there today. I wonder what he would consider a defeat." Prosecutors alleged that Conahan, who pleaded guilty to racketeering last year, and Ciavarella plotted to shut down the dilapidated county-run juvenile detention center in 2002 and arrange for the construction of the PA Child Care facility outside Wilkes-Barre. Ciavarella, who presided over juvenile court, sent youths to the center and later to its sister facility in western Pennsylvania while he was taking payments from Mericle, a prominent builder and close friend of Ciavarella, and Powell, a high-powered attorney. Luzerne County paid Powell's company more than $30 million between 2003 and 2007 to house juveniles at PA Child Care and Western PA Child Care. The county could have built its own juvenile center for about $9 million, according to testimony. In dismissing thousands of Ciavarella's convictions, the state high court said he ran his courtroom with "complete disregard for the constitutional rights of the juveniles," including the right to legal counsel and the right to intelligently enter a plea. Hundreds of youths and their families are suing Ciavarella and Conahan in federal court, but Smith said the judges' handling of juvenile cases did not figure into the federal prosecution for legal and evidentiary reasons. "We're very sympathetic to the pain to the community that was caused here ... and we're fully aware of the deep anguish that many parents and many juveniles feel. But the federal criminal courts are not the appropriate venue to resolve that issue fully," he said. Ciavarella, who took the stand in his own defense, acknowledged to jurors that he failed to report the payments on his tax returns and hid them from the public, but he denied any plot to take kickbacks or extort money. Ciavarella told jurors that he thought he was legally entitled to Mericle's money, calling it a "finder's fee" for introducing Mericle to Powell. Ciavarella also denied that he extorted Powell, who had testified for the prosecution that he was forced to pay the judges nearly $600,000 after they agreed to send juvenile delinquents to his new lockup. The payments were disguised as rent on a Florida condominium owned by the judges' wives. It was Conahan who made the arrangements with Powell, Ciavarella insisted. He said Conahan told him that Powell had agreed to pay them $15,000 a month for 60 months to lease the waterfront Florida property. Prosecutors scoffed at that explanation, questioning why Powell would pay nearly $1 million in rent on a condo he could have purchased outright for less than $800,000. Officials disclosed for the first time Friday that they were led to the judges by the reputed boss of a northeastern Pennsylvania Mafia family. William D'Elia — who regularly met for breakfast with Conahan — became a government informant after his 2006 arrest on charges of witness tampering and conspiracy to launder drug money. "D'Elia led us to Judge Conahan," said Assistant U.S. Attorney Gordon Zubrod. "From there we began to focus on them, the financial dealings between Judge Conahan, Judge Ciavarella, Mericle, Powell." D'Elia won a sentence reduction last year based on his cooperation in another criminal case and could be released as early as next year. Ciavarella and Conahan initially pleaded guilty in February 2009 to honest services fraud and tax evasion in a deal that called for a sentence of more than seven years in prison. But their plea deals were rejected by Senior U.S. District Judge Edward M. Kosik, who ruled they had failed to accept responsibility for their actions. A federal grand jury in Harrisburg subsequently indicted the judges on charges of racketeering, fraud, money laundering, bribery, extortion and tax offenses. Conahan pleaded guilty to a single racketeering charge last year and awaits sentencing. Mericle and Powell pleaded guilty to lesser offenses and testified against Ciavarella; both await sentencing. Ciavarella faces a maximum of 157 years in prison at sentencing, but will more likely receive 12 1/2 years to about 15 1/2 years under federal sentencing guidelines, prosecutors said. PA Child Care and Western PA Child Care remain open and continue to accept juveniles from many Pennsylvania counties, though Luzerne County no longer sends delinquents to them.
The President of I.F.F.O.C. and K.C.E.A.J. realizes that this, as tragic as is is, was long overdue, due to no oversight on judges. There needs to be a 12 member panel of public citizens to review cases, (Note: none of these members should be attorneys, counselors, or anyone involved in the legal system, but should have two attorneys only as advisors to the committee if they have questions). This committee should have the power to remove them from their position, or recommend a grand jury investigation if needed. This would turn over our justice system back to the people.
Tuesday, February 15, 2011
Kansas A.G. inquiry: 'Ill will' led SRS worker to ignore abuse
BY TIM POTTER
The Wichita Eagle
Posted on Sun, Feb. 13, 2011
A Kansas attorney general's investigation found that a state social worker disliked a Coffeyville couple and chose to do "nothing to protect" their 23-month-old granddaughter before she was murdered in 2008. The investigation concluded that veteran SRS social worker Linda Gillen treated abuse reports involving the couple's grandchildren very differently from others and failed to take steps that her agency required in child abuse cases. The investigation is coming to light now as part of a lawsuit brought by the couple, Larry and Mary Crosettos. Last year the Crosettos filed a lawsuit in federal court claiming that Gillen held a decades-old grudge against them and that it cost them their granddaughter's life. They say Gillen refused to act on repeated reports of abuse in the months before their granddaughter, Brooklyn Coons, died. The lawsuit — which offers a rare look at inner workings of the child protection system — says Gillen had a "personal animus, bordering on hatred" toward the couple. The Crosettos say that the "animus led to the tragic and totally preventable death" of the toddler. In January 2008 — more than two months after the Crosettos began pressing Gillen to have the children removed from their home — Brooklyn died. Authorities said the toddler suffered brain injuries after being beaten or violently shaken. Her father's meth-addicted girlfriend, Melissa Wells, was later convicted of first-degree murder. Last month, an SRS attorney filed a legal argument denying that Gillen is liable. Bill Miskell, spokesman for the Kansas Department of Social and Rehabilitation Services (SRS), said he can't comment on the investigation but that the agency will be filing a response in court. No one from SRS, including Gillen, can comment on pending litigation, Miskell said. Gillen has been with SRS since 1974. At the time of Brooklyn's death, she was the only licensed social worker in the Coffeyville SRS office investigating child abuse and neglect cases, documents say. Gillen remains in that role, Miskell said.
Another tragedy
The Crosettos had been the main caregivers for Brooklyn and her 5-year-old brother when their mother, Angela Coons, the Crosettos' daughter, was attending college. She became separated from the children's father, Randy Coons. In June 2007, the children and their mother moved to Wichita after she got a job. About two months later, Angela Coons suddenly became ill and died. Around September 2007, the children went to the Coffeyville home of their father and Wells, his girlfriend. As a child, Wells had been in SRS custody, and Gillen was a social worker assigned to her case, the lawsuit says. The Crosettos' lawyer is Randy Rathbun, a former U.S. attorney.
A striking difference
In an affidavit signed Jan. 24, Camie Russell, former director of the attorney general's Abuse, Neglect and Exploitation Unit, said that as director she reviewed about a dozen child abuse cases handled by Gillen in Montgomery County. Russell said she found a clear difference in the way Gillen treated Brooklyn's case. In the other cases, Gillen was "very hands on," Russell said. "She undertook actions without court order based upon suggestions made by the county attorney or the district judge." But, Russell said, "As to the Coons children she was very hands off." Russell's investigation concluded that Gillen held "some animus or ill will toward the Crosettos," according to her affidavit. The affidavit, based on a 2009 investigative report by Russell, said Gillen denied "that anyone blocked her from taking action." The investigation found that Gillen "elected to do nothing to protect" the Crosettos' grandchildren. The Crosettos say Gillen became unhappy with them in 1982 when they adopted their daughter — Brooklyn's mother — when she was an infant. The Crosettos said they excluded Gillen, the social worker, from their efforts to adopt their daughter. They said they reported Gillen's failure to complete a home study, which led a judge to rebuke her. As a result, the Crosettos said, she became angry at them. The couple "totally circumvented" Gillen from another adoption in 1985, "which further angered Gillen," court documents say. "This hatred was so immense that Gillen could not hide it — so much so that a Coffeyville police officer noted it while the Crosettos' granddaughter lay in a Tulsa hospital bed fighting for her life," the Crosettos' attorney said in the recent filings. Russell's affidavit says that when Gillen met with police and the Crosettos the day after Brooklyn went to the hospital, "Gillen's animosity toward Larry Crosetto was so obvious that Detective George indicated that she wishes that she would have recorded the interaction."
Repeated concerns
The lawsuit claims that before Brooklyn's death, "Gillen stonewalled the Crosettos' attempts to protect their grandchildren, arguing that it was her duty to do whatever she could to 'keep the family together.' The 'family' in this case consisted of Brook, her brother .., their natural father, Randy Coons, who at the time was living in squalor with his meth-addicted girlfriend, Melissa Wells, and her two children," one of whom had been the subject of a call to the SRS reporting center. The Crosettos argue that Gillen had a number of reasons to have Brooklyn and her brother removed from Wells' home: * An August 2006 report to the SRS Protection Report Center or hotline alleging Wells abused her own son. That boy's grandfather reported that the child had two nickel-size, black-and-blue bruises above the diaper line and a fading bruise under his right eye. Wells said the bruises came from falls, but her son's grandfather said he didn't believe her. He also reported that she smoked marijuana a lot, possibly with the child present. * A September 2007 report from Brooklyn's day care provider to the SRS report center that Brooklyn was being abused. In an affidavit, the former day care provider, Allison Horner, said that when she saw Brooklyn that September, "I was shocked by her condition. She had a black eye, a busted lip with stitches and random bruising all over her body. She was not the same little girl I had cared for just a few months earlier. ... It was very plain to me she was being abused." Horner called the SRS reporting center and gave details about Brooklyn's injuries and other information that would allow SRS to follow up. The report to the SRS hotline should have gone to Gillen "but is now nowhere to be found," the lawsuit says. * A November 2007 report from a school to the SRS center that Wells was suspected of abusing Brooklyn's brother. Gillen noted in a report that the boy came to school with a 2-inch-by-2-inch red mark on his face. "Wells confessed to Gillen that she had struck CSC (Brooklyn's brother) in anger leaving bruising that required icing at school later that day. Predictably, Gillen found the complaint 'unsubstantiated,' " the lawsuit says. * Repeated calls from Larry Crosetto to Gillen "detailing the abuse of his grandchildren." * "Deplorable living conditions in Wells' home that Gillen refused to investigate. She then lied to Crosetto about having visited there to get him to stop bothering her about it," the lawsuit says. * Evidence of drug use by Wells from two sources. * A Dec. 24, 2007, letter from a doctor to the local SRS office — which Gillen says she didn't get — reporting that Brooklyn had bruises that should be investigated. * On Dec. 28, 2007, Crosetto offered photos of bruises on the children. That same day, Crosetto told Gillen "that her refusal to do her job was going to end up causing the death of one of his grandchildren. ... Three weeks later, Brook was dead," the lawsuit says.
SRS worker defended
In a document filed early last month, SRS staff attorney Maureen Redeker defended Gillen, saying: * "There is no evidence of Ms. Gillen's intent towards Crosettos." * Gillen "is not liable for private violence." * There is no evidence that Gillen's conduct "created or increased the danger" to Brooklyn. * The risk to Brooklyn "was not obvious and known" to Gillen. * Gillen "did not act in conscious disregard of a known risk" to Brooklyn. * Gillen's "conduct was not conscience shocking."
A list of 'failures'
Regardless of whether Gillen is liable, she failed on the Coons case in multiple ways, court documents say. Russell, the former attorney general's official, said in an affidavit that Gillen failed to take actions required by her agency. Russell cited five areas: * "Failure to note prior SRS involvement with Wells ... ." * "Failure to take photos of the child to document the injury." * "Failure to complete a home visit; the site where the maltreatment occurred." * "Failure to report Wells' confession of intentionally hitting CSC (Brooklyn's brother, in the face) to law enforcement." * "Failure to interview additional significant caretakers of the children." Russell's investigation noted a lingering question: What happened to the letter the doctor wrote addressing bruises and other marks on Brooklyn about three weeks before she died? The doctor sent the letter to the Coffeyville SRS office. The doctor's letter "noted concern of abuse, listed marks and bruising, referenced records of past injury... and requested SRS look into child's environment and provide a report back to him," Russell's review said. Gillen should have received it, but there is no record of it being received, Russell's affidavit says.
Gillen's role crucial
Russell found that the role of SRS and Gillen was crucial. "Law enforcement, the school, the doctor, a daycare provider, and others interviewed indicated that they were under the impression that SRS/Gillen was investigating and addressing the Coons abuse and neglect concerns." Larry Crosetto tried other routes besides Gillen and the doctor. On Nov. 5, 2007, he called Fire Chief Greg Allen to voice concerns about living conditions at Wells' home. Allen inspected the home's exterior and left a note asking permission to check inside but never heard back from Wells or Randy Coons. On Dec. 12, 2007, when Crosetto sought help from school district officials, he was told "that the school could do no more as the matter was in the hands of the SRS." Crosetto feared that if his grandchildren were removed from their father, he probably would not see them again. But after his grandson was struck in the face, he decided his "fears were insignificant compared to the welfare of the children," and from then on "he really started to push Gillen to protect the children," the lawsuit says. Crosetto called Gillen on Nov. 6, 14, 15 and 16. "She refused to return my calls," his recently filed affidavit says. On Nov. 20, Gillen "finally accepted a call from me. ... I tried to discuss my concerns about bruising on Brooklyn and the suspected drug use of Melissa Wells. Gillen said those were police matters and refused to discuss them."
Sunday, January 23, 2011
Editorial: Justice for all
Posted: January 21, 2011 - 6:14pm
Cjonline.com
The Justice Department has taken a nice first step toward ensuring that Americans aren’t victimized by powerful individuals who are supposed to be protecting them. Earlier this week, department officials announced they had created a new internal watchdog office to investigate federal prosecutors accused of misconduct. The goal of the office, known as the Professional Misconduct Review Unit, is to ensure that prosecutors are investigated quickly and that punishment is meted out more consistently in situations when misconduct is confirmed. A move toward tighter oversight is overdue. Earlier this month, an investigation by USA Today provided abundant evidence that the Justice Department’s existing oversight group, the Office of Professional Responsibility, wasn’t cutting it. The news organization found that the department cleared the vast majority of prosecutors who’d been hit with complaints about misconduct. The justification commonly given by federal officials in those cases that the prosecutors did not intentionally break the rules. What’s more troubling is that, even in cases when prosecutors were found to have intentionally committed wrongdoing, firings were rare. Most often, the cases resulted in reprimands, suspensions or agreements that allowed prosecutors to step down from their jobs with clean records. Even the founder of the Office of Professional Responsibility admitted, before he died in 2007, that the office needed to be abolished. He said a “history of delays and the bureaucratic layers superimposed on it” had made it ineffective. Getting prosecutors under control is a matter of critical importance. USA Today uncovered 201 cases over the last 14 years in which courts ruled that prosecutors had run afoul, including instances that resulted in innocent people being incarcerated and guilty individuals being released from custody. So it was encouraging to see the federal government take steps to get its house in order. That said, the upgrade in oversight will only be as good as it’s designed and implemented. Will the internal investigators be given proper authority and resources to do their work effectively? Have systems been put into place to ensure they’re held accountable for their actions? Only time will tell whether the new measure will help clean up the system. Still, it’s a comfort to know the Justice Department is working toward that goal.
Thursday, December 2, 2010
Guilty, but no jail time for head of prostitution ring
Severe bad health did the trick for John St. Marie, 66, a former assistant Hennepin County attorney who ran "Nice Guys." The man behind a secretive online prostitution ring for a group of well-to-do men who dubbed themselves "Minnesota Nice Guys" won't receive any jail time. John St. Marie, 66, a former assistant Hennepin County attorney, pleaded guilty Tuesday to three felony counts of promoting prostitution. The lack of jail time recognized his severe health problems, said Jim Dahlquist, St. Marie's attorney. He could be sent to jail if he violates his probation, and was ordered to pay a sum to a women's advocacy group. "An offer was made, and we went ahead and did it," said Dahlquist. "John has a great deal of respect for the legal process, and he decided not to prolong the issue." St. Marie, who uses a wheelchair because of childhood polio, can move his neck and a finger on his left hand. Post-polio syndrome forced him to retire in 2003 because he needs round-the-clock health care, said Dahlquist. The deal was made before an upcoming settlement conference with the Ramsey County attorney's office, which handled the case because of St. Marie's employment with Hennepin County. A key consideration in making the deal was the great expense to taxpayers to incarcerate him, said Paul Gustafson, spokesman for the county attorney's office. "He did plead guilty to three counts and is now a felon, plus he has been disbarred because of the charges," Gustafson said. "We had to be practical, too, in terms of would it send any greater message to send him to prison knowing there would be significant expense involved." As part of the plea agreement, three other counts of promoting prostitution were dismissed. St. Marie will be sentenced Jan. 20, at which time Dahlquist said his client "will have a lot more to say." St. Marie, of Minneapolis, couldn't be reached for comment, but Dahlquist said "this has been tremendously difficult for him. ." The case against St. Marie and the "Nice Guys" started in July 2008 and lasted more than a year. Police said St. Marie built a client list of 30 business owners, lawyers, accountants and mortgage bankers who met women at some of Minneapolis' finest hotels. The group got its name because members had clean backgrounds, regarded themselves as above mistreating the women and paid well, police said. The men would receive e-mails advertising when the women would be flown in from Florida, and St. Marie scheduled appointments. One man said he was willing to pay $1,200 for a woman, according to the charges. The "Nice Guys" ring was one of the more unusual rings they've seen in Minnesota, said Sgt. Grant Snyder and Sgt. Matt Wente, investigators for the Minneapolis Police Department's Violent Offender Task Force. The sophisticated operation flew under the radar for at least three years, police said. The investigation also brought down MyFastPass.com, the Twin Cities' largest locally owned prostitution website. Seven of the "Nice Guys" were charged with gross misdemeanor soliciting prostitution this month. Many of the men learned of St. Marie's reputation for luring women to Minnesota through a website for self-described "hobbyists" looking for high-dollar escorts. Police did surveillance in hotel rooms of several johns who were set up by women who worked for St. Marie but cooperated with police once the investigation began. In one recorded conversation, St. Marie paid for a woman's airline tickets and hotel stays in exchange for sex, the charges said. St. Marie didn't prosecute prostitution cases during his 28 years with the Hennepin County attorney's office. He represented social-service agencies and did civil commitments for mentally ill and chemically dependent people. Although he hadn't practiced law since he retired, the state disbarred him this month.
Lakin “Sex Accusation,” Still Investigated, Prosecutor Says
BY NICHOLAS J.C. PISTOR
Tom Lakin on April 23, 2007, after turning himself in to authorities and posting bond following his federal indictment.
EDWARDSVILLE, IL • After a 15-year-old boy accused one of Metro East's most powerful political figures of arranging to watch him have sex with women and then engaging him in a sex act, a state prosecutor vowed a swift investigation. Four years later, the promise remains, but the investigation is unfinished against Tom Lakin, a multimillionaire lawyer and big-time Democratic Party bankroller who was once at the pinnacle of Madison County's renowned personal injury litigators. Lakin did land in federal prison on a drug conviction. And he is being sued in civil court over the sex claims. But that suit has been stalled, its lawyer says, by the unfinished state case. "We can't proceed with our civil suit with the state saying it's considering prosecution," lamented Ed Unsell, an East Alton lawyer representing the boy, now 20, in a suit filed in 2006. "This boy needs vindication," Unsell insisted. Charles Colburn, a lawyer with the Illinois Office of the State's Attorneys Appellate Prosecutor, confirmed in a recent interview that its probe is still moving forward. He blamed difficulties in obtaining some unspecified piece of federal evidence for the delay. The investigation was initially stymied by issues of conflicts of interest and overlapping investigations, most of which were sorted out years ago. Lakin, who once headed the powerful Lakin Law Firm in Wood River, pleaded guilty in 2008 in federal court of possession with the intent to deliver cocaine, distributing cocaine to a person under 21 and maintaining a drug-involved premises. In exchange for that plea, federal prosecutors dropped their sole sex-related charge, that claimed Lakin took a minor to his second home in Malibu, Calif., with the intent of having oral sex. That allegation involved the same boy, a family friend, who said Lakin set up sexual encounters with women, young and old, to watch in 2005 and directly engaged in oral sex acts with him. The bulk of allegations involve incidents at Lakin's home in East Alton, thus falling under Illinois statutes. The allegations were reported to the Illinois State Police in 2005, but no charges were filed. William Mudge, the Madison County state's attorney, said at the time he was given only a "very general claim" and never a formal police report to act upon. Mudge later declined to get involved because the law firm where he worked before he was appointed state's attorney 2002 — Lucco, Brown & Mudge — had represented Lakin in his second divorce. The case was handed over to Illinois Attorney General Lisa Madigan, who also declined, reportedly citing conflicts of her own that included $66,000 in campaign donations from the Lakin family that was in addition to a $5,695 donation of airplane use for her campaign, estimated to be worth $5,695. Mudge ultimately asked that a special prosecutor be appointed. Lakin, 70, is serving his six-year drug sentence in a federal prison in Fort Worth, Texas, and is set for release in November 2013. He and his lawyers have long denied the sex-related allegations — which carry heavy penalties — and have pledged to fight them. The dropping of the sex-related claim from the federal case was widely considered a personal victory. Federal prosecutors also dropped, without explanation, their initial requirement that Lakin cooperate in other investigations involving judges and lawyers in Madison and St. Clair counties. Colburn, the special prosecutor, said, "It's an unusual case where the suspect is in custody." He suggested there is no pressing need to keep Lakin behind bars. Stephanee Smith, a spokeswoman for the Madison County state's attorney's office, said the cost of the special prosecutor is included in a flat fee of $30,000, based on population, paid to support the appellate prosecutor's office.
Friday, November 26, 2010
Judge Fisher...corrupt Van Nuys Superior Court jurist violates rights, coerces defendants, and destroys documents!
Written by julianayrs on Oct-7-08 8:00pm
Judge Fisher is the most corrupt Judge in the Superior Court Judiciary system in the greater Los Angeles area. Fisher, a Judge who warms the bench in Van Nuys, is under the mistaken impression that he is above the law - can willy-nilly ignore the rights of a defendant at whim - and destroy court documents to suit his dishonest purposes to avoid scrutiny or prosecution for his illegal conduct. In addition, Fisher is either ignorant of the law - or simply chooses to ignore it - to maintain ultimate control over his courtroom at any cost. Notwithstanding, the man is a liar. On a regular basis - he makes false representations to defendants - in a bold-faced deceitful effort to extract plea bargains from innocent victims that he will never honor. Yes, he has a perverse sense of humor, too. In one case that I am familiar with, Judge Fisher approved a plea bargain it's obvious he never intended to follow through on, when you review the facts of the case in retrospect. For example, Judge Fisher promised one defendant that if he pled to one felony count, there would be no jail time and three year's probation. In addition - the dishonest Jurist assured the defendant that at the end of the probationary period - the felony count would be reduced to a misdemeanor. On the day the plea bargain was to be signed, sealed, and delivered - Judge Fisher tricked the defendant into admitting to two felony counts - again on the premise - that both counts would be reduced after the probationary period ended. When the probation ended - and the defendant submitted a request to the court (and to Judge Fisher, in particular) to follow through on the terms and conditions of the plea bargain - the Judge refused to follow through. In sum, he did not honor the terms and conditions of the plea bargain agreement!
If the court doesn't meet its obligation, shouldn't that render the plea bargain null and void? But, that is not the extent of Fisher's disreputable conduct. At one hearing, after Fisher was informed that the FBI had been contacted regarding rights violations a defendant alleged he encountered in Fisher's courtroom - suddenly (and without explanation) the court file (poof) magically disappeared from the records. Curiously, in spite of this, Fisher proceeded to rule on an issue before the court! If there was no file, and nothing to reference in the court records, how would it be possible for Fisher to review the facts and evidence in the case? More importantly, how would it be possible to render a decision in the matter before the court? Under the circumstances, Fisher should have dismissed the action. His failure to do so, amounted to a gross violation of the defendant's Constitutional rights. On another occasion, Fisher used questionable "strong-arm" tactics to force a defendant to admit a probation violation under duress. For example, when a defendant was hauled into court to explain to Fisher why she failed to appear at the office of a probation officer (the individual thought she had summary probation) Judge Fisher proceeded to coerce the defendant into admitting a probation violation. Knowing that the defendant was ill and in need of urgent medical care, he informed the defendant that if she admitted to violating probation, that she would be released from jail that day. What person, who is ill and in dire need of medical assistance, wouldn't be tempted to agree to such an offer? In sum, Fisher's conduct amounted to an act of coercion! It should be obvious to any fool, too, that because the defendant was forced to make the admission (a false one, by the way) under duress, that she could not be held to the forced admission. But, if the defendant filed a complaint with officials afterward, there probably would not have been any record of what transpired. Why? Because Fisher would have taken appropriate illegal action to ensure that the transcript and/or court reporter's notes "disappeared" I wouldn't doubt it considering his track record. In one particular case - when a defendant wised up to Fisher's lies and deception - (and got wind of the fact the disreputable Judge was prone to bend and change the terms and conditions of court agreements at whim) - he asked Judge Fisher for a copy of the transcript for future reference. Judge Fisher refused to order the court reporter to prepare it, in spite of the fact the defendant was entitled to a copy, pursuant to applicable Statutes under State Law. "You can get the information you need from the public defender," he barked at the defendant." Fat chance. The Public Pretenders (State-appointed attorneys for indigent defendants) and the Prosecutors in the District Attorney's office are all in a handful of the Judges' pockets over there at the Van Nuys Courthouse. The Judiciary system in the San Fernando Valley, after all, is a cesspool of corruption! Until the Los Angeles Superior Court rids itself of the likes of Judge Fisher, the integrity of the court, will continue to be compromised.
If the court doesn't meet its obligation, shouldn't that render the plea bargain null and void? But, that is not the extent of Fisher's disreputable conduct. At one hearing, after Fisher was informed that the FBI had been contacted regarding rights violations a defendant alleged he encountered in Fisher's courtroom - suddenly (and without explanation) the court file (poof) magically disappeared from the records. Curiously, in spite of this, Fisher proceeded to rule on an issue before the court! If there was no file, and nothing to reference in the court records, how would it be possible for Fisher to review the facts and evidence in the case? More importantly, how would it be possible to render a decision in the matter before the court? Under the circumstances, Fisher should have dismissed the action. His failure to do so, amounted to a gross violation of the defendant's Constitutional rights. On another occasion, Fisher used questionable "strong-arm" tactics to force a defendant to admit a probation violation under duress. For example, when a defendant was hauled into court to explain to Fisher why she failed to appear at the office of a probation officer (the individual thought she had summary probation) Judge Fisher proceeded to coerce the defendant into admitting a probation violation. Knowing that the defendant was ill and in need of urgent medical care, he informed the defendant that if she admitted to violating probation, that she would be released from jail that day. What person, who is ill and in dire need of medical assistance, wouldn't be tempted to agree to such an offer? In sum, Fisher's conduct amounted to an act of coercion! It should be obvious to any fool, too, that because the defendant was forced to make the admission (a false one, by the way) under duress, that she could not be held to the forced admission. But, if the defendant filed a complaint with officials afterward, there probably would not have been any record of what transpired. Why? Because Fisher would have taken appropriate illegal action to ensure that the transcript and/or court reporter's notes "disappeared" I wouldn't doubt it considering his track record. In one particular case - when a defendant wised up to Fisher's lies and deception - (and got wind of the fact the disreputable Judge was prone to bend and change the terms and conditions of court agreements at whim) - he asked Judge Fisher for a copy of the transcript for future reference. Judge Fisher refused to order the court reporter to prepare it, in spite of the fact the defendant was entitled to a copy, pursuant to applicable Statutes under State Law. "You can get the information you need from the public defender," he barked at the defendant." Fat chance. The Public Pretenders (State-appointed attorneys for indigent defendants) and the Prosecutors in the District Attorney's office are all in a handful of the Judges' pockets over there at the Van Nuys Courthouse. The Judiciary system in the San Fernando Valley, after all, is a cesspool of corruption! Until the Los Angeles Superior Court rids itself of the likes of Judge Fisher, the integrity of the court, will continue to be compromised.
Hopefully, the FBI will step in and investigate, and prosecute accordingly.
Monday, September 13, 2010
Panel: Lawyer for Ex-Detroit Mayor Withheld Material Facts, Faces Discipline
Posted Mar 2, 2010 9:29 AM CDT
By Molly McDonough ABA Journal
The lawyer for disgraced ex-Detroit Mayor Kwame Kilpatrick is facing possible disbarment on professional misconduct charges relating to his handling of the text-messaging scandal that led to Kilpatrick's ouster.
A three-member panel of the Michigan Attorney Discipline Board found that lawyer Samuel McCargo violated five rules of professional misconduct. The panel, which issued an 83-page report (PDF) in the case, will now consider the penalty that McCargo should face, the Detroit Free Press reports.
Those watching the disciplinary case say that the board's actions this week don't bode well for other lawyers involved in the Kilpatrick case.
"The other lawyers should be fearful," says Peter Henning, a Wayne State University law professor and former federal prosecutor who teaches a course on legal ethics.
The panel specifically found that McCargo withheld material facts from the judge overseeing a 2007 police whistle-blower trial. He's also charged with failing to respond truthfully to the Michigan Attorney Grievance Commission during its investigation of his conduct. However, McCargo was cleared of five other disciplinary charges.
At issue is McCargo's handling of information he obtained from Mike Stefani, the lawyer for the police officers, that revealed Kilpatrick lied under oath during the 2007 trial.
The discipline cases surround a secret $8.4 million settlement struck after the revelation of the text messages. The settlement was aimed, in part, to keep the romantic text messages between Kilpatrick and his chief of staff from being made public, the Detroit News recounts.
But the messages became public anyway when Stefani reportedly leaked them to the local press. The revelation forced Kilpatrick to resign and serve 99 days in jail for perjury.
"While McCargo was dealt an unfortunate set of cards, including a less-than-forthright client, he played them poorly," the panel said in its decision. "We do not doubt that McCargo was acting in what he honestly believed was an appropriate and ethical course of action from the time Stefani handed him the draft" of a legal brief containing excerpts of text messages Stefani had obtained.
The panel noted that McCargo would have been better off had he sought advice from colleagues or ethics professionals before proceeding.
By Molly McDonough ABA Journal
The lawyer for disgraced ex-Detroit Mayor Kwame Kilpatrick is facing possible disbarment on professional misconduct charges relating to his handling of the text-messaging scandal that led to Kilpatrick's ouster.
A three-member panel of the Michigan Attorney Discipline Board found that lawyer Samuel McCargo violated five rules of professional misconduct. The panel, which issued an 83-page report (PDF) in the case, will now consider the penalty that McCargo should face, the Detroit Free Press reports.
Those watching the disciplinary case say that the board's actions this week don't bode well for other lawyers involved in the Kilpatrick case.
"The other lawyers should be fearful," says Peter Henning, a Wayne State University law professor and former federal prosecutor who teaches a course on legal ethics.
The panel specifically found that McCargo withheld material facts from the judge overseeing a 2007 police whistle-blower trial. He's also charged with failing to respond truthfully to the Michigan Attorney Grievance Commission during its investigation of his conduct. However, McCargo was cleared of five other disciplinary charges.
At issue is McCargo's handling of information he obtained from Mike Stefani, the lawyer for the police officers, that revealed Kilpatrick lied under oath during the 2007 trial.
The discipline cases surround a secret $8.4 million settlement struck after the revelation of the text messages. The settlement was aimed, in part, to keep the romantic text messages between Kilpatrick and his chief of staff from being made public, the Detroit News recounts.
But the messages became public anyway when Stefani reportedly leaked them to the local press. The revelation forced Kilpatrick to resign and serve 99 days in jail for perjury.
"While McCargo was dealt an unfortunate set of cards, including a less-than-forthright client, he played them poorly," the panel said in its decision. "We do not doubt that McCargo was acting in what he honestly believed was an appropriate and ethical course of action from the time Stefani handed him the draft" of a legal brief containing excerpts of text messages Stefani had obtained.
The panel noted that McCargo would have been better off had he sought advice from colleagues or ethics professionals before proceeding.
Friday, September 10, 2010
Broken Justice in our Courts, Agencies, and the System
History
Our forefather’s had fought and had died for what they thought was right, to protect our freedom, as well as, our constitutional rights.
Somewhere in time, the translations had gotten lost, and now we the people are paying the cost.
This cost may be greater then we can ever imagine, and now we wonder what the hell had happened or had changed.
This system of justice has become a farce of hypocrisy of ideological ideas for the courts, agencies, and the system, in which is now conveniently re-arranged.
This system has lost the idea or concept, in which they so easily forget, that we are all equal under the law, and due process is allowed for those all.
As we as I.F.F.O.C. (Independent Federal Fund Oversight Committee) and K.C.E.A.J. (Kansas Citizens for Equal Access to Justice) monitor these courts, agencies, and Federal Funds, they receive, and I.F.F.O.C. has discovered, “Oh what a web they weave when they practice to deceive.”
This is not about mothers’ or fathers’ rights being violated, as a separate group, this is about the monies these courts, agencies, and system can recoup.
Somehow they had found a way to replace our constitutional rights with corporate and administrative laws, in which gives them the power to control, and they have basically traded their souls, in which we the people are now paying the toll.
We are losing our children and families to this corruption, and in the mist of all this there is a silent eruption.
These are individual groups of people getting together to assist those caught up in this corrupt system of justice, in which is conveniently ignoring our constitutional rights to our families, our children for profits and greed, in which leaves little doubt, this is the reason these groups are starting to enjoin, to find a way to assist others and attempt to weed this type of corruption out.
Due to each states regulations of practicing law without a license, they are putting their lives as freedom fighters on the line, to protect those who cannot find a way out, or conveniently left behind.
We are America, united we stand, these people who are in desperate need, we are here to give you a hand.
When this system is protecting those who create these loopholes in the system for greedy attorneys, courts, agencies, we step up to protect those who are caught up in this evil hypocrisy.
Our Courts
Our Courts were set up for equal access and protection and due process for all, not to let others take the fall.
Somewhere, our courts have discovered profits and greed, and they no longer have integrity, they only protect their own and run us through an administrative remedy, for plausible denial ability.
They have found a way to separate our courts in domestic cases, so the other court has no reality of what actually transpired, in which they find a way to interfere with parental rights, during this long drawn out fight.
Their intention is to get you mad, upset, or angry to a point you cannot control your actions and emotions, this gives them the upper hand in which they obtain control of your case, or your cause of action, do not give them the satisfaction.
Do not feed them the fuel for their fire, this is their actual desire.
They will play with your emotions, you heart, and most of your entire mind, Keep calm, Keep focused, and remember to document all of the time, to protect your own peace of mind.
Attempt to use their own tactics against them as your psychology, this will erupt their own hypocrisy.
They do not even follow their own statutes, laws, or even their own codes, but document this for your own peace of hope.
This may assist you in your appeal that they did not follow legislative intent, this is the message you wish to be sent.
These judges and Attorneys (Labeled as Officers of the Court) had taken an oath to uphold the laws and protect our constitutional rights, when did this idea get lost in the night.
These Agencies
These agencies are subcontracted out by SRS, DFS, or family services, in which had started from a grant to document records for each state, and this is what created our bad fate.
They began to create corporations in our system of justice, and somewhere in the mist of fog and despair of all this greed in which created a financial institution, this is where we lost our basic due process or parental rights, as defined in our U.S. Constitution.
These agencies have been known to falsify documents, commit perjury, conceal, and also commit fraud, to protect their corporate greed, funds, and the profits they make, caught up in this corruption is where most people hesitate.
They average citizen is caught up in their fight, as they continue to keep you on a defensive position, and attempt to destroy you in every situation,
You have to make good decisions, and ask the right questions to figure out their strategy and they way they attempt to sway the court, due to your anger and frustration, you have to make the best of every decision and situation.
These agencies are out for profit using your child, do not let the situation get out of control or wild, make excellent decisions and most of all act with care and precision.
The System
You have to remember these are greedy people fighting for profits, using their pretense is that their looking out for the best interest of our children, this is a farce, we have seen it all too well, this is the truth we want you to see and tell.
People are under the impression that this system is out to assist and protect families in need of care, when in actuality they are never there.
Once you get passed the concept that they do not care, and want to share (the huge Profits), in which they make, then you will see pass the hurt families, children, mothers, and fathers they forsake.
If you get caught up in this system of these evil people who act as a leach, then you will also want to protect those who stumble at their feet, and this will hopefully make you learn the truth, as well, learn to teach,
United we Stand, United we fall, do not let others get placed upon this evil wall.
Mr. David Martin Price
President of I.F.F.O.C. & K.C.E.A.J.
3121 SE Fremont St.
Topeka, Kansas 66605
(785) 267-5132
Our forefather’s had fought and had died for what they thought was right, to protect our freedom, as well as, our constitutional rights.
Somewhere in time, the translations had gotten lost, and now we the people are paying the cost.
This cost may be greater then we can ever imagine, and now we wonder what the hell had happened or had changed.
This system of justice has become a farce of hypocrisy of ideological ideas for the courts, agencies, and the system, in which is now conveniently re-arranged.
This system has lost the idea or concept, in which they so easily forget, that we are all equal under the law, and due process is allowed for those all.
As we as I.F.F.O.C. (Independent Federal Fund Oversight Committee) and K.C.E.A.J. (Kansas Citizens for Equal Access to Justice) monitor these courts, agencies, and Federal Funds, they receive, and I.F.F.O.C. has discovered, “Oh what a web they weave when they practice to deceive.”
This is not about mothers’ or fathers’ rights being violated, as a separate group, this is about the monies these courts, agencies, and system can recoup.
Somehow they had found a way to replace our constitutional rights with corporate and administrative laws, in which gives them the power to control, and they have basically traded their souls, in which we the people are now paying the toll.
We are losing our children and families to this corruption, and in the mist of all this there is a silent eruption.
These are individual groups of people getting together to assist those caught up in this corrupt system of justice, in which is conveniently ignoring our constitutional rights to our families, our children for profits and greed, in which leaves little doubt, this is the reason these groups are starting to enjoin, to find a way to assist others and attempt to weed this type of corruption out.
Due to each states regulations of practicing law without a license, they are putting their lives as freedom fighters on the line, to protect those who cannot find a way out, or conveniently left behind.
We are America, united we stand, these people who are in desperate need, we are here to give you a hand.
When this system is protecting those who create these loopholes in the system for greedy attorneys, courts, agencies, we step up to protect those who are caught up in this evil hypocrisy.
Our Courts
Our Courts were set up for equal access and protection and due process for all, not to let others take the fall.
Somewhere, our courts have discovered profits and greed, and they no longer have integrity, they only protect their own and run us through an administrative remedy, for plausible denial ability.
They have found a way to separate our courts in domestic cases, so the other court has no reality of what actually transpired, in which they find a way to interfere with parental rights, during this long drawn out fight.
Their intention is to get you mad, upset, or angry to a point you cannot control your actions and emotions, this gives them the upper hand in which they obtain control of your case, or your cause of action, do not give them the satisfaction.
Do not feed them the fuel for their fire, this is their actual desire.
They will play with your emotions, you heart, and most of your entire mind, Keep calm, Keep focused, and remember to document all of the time, to protect your own peace of mind.
Attempt to use their own tactics against them as your psychology, this will erupt their own hypocrisy.
They do not even follow their own statutes, laws, or even their own codes, but document this for your own peace of hope.
This may assist you in your appeal that they did not follow legislative intent, this is the message you wish to be sent.
These judges and Attorneys (Labeled as Officers of the Court) had taken an oath to uphold the laws and protect our constitutional rights, when did this idea get lost in the night.
These Agencies
These agencies are subcontracted out by SRS, DFS, or family services, in which had started from a grant to document records for each state, and this is what created our bad fate.
They began to create corporations in our system of justice, and somewhere in the mist of fog and despair of all this greed in which created a financial institution, this is where we lost our basic due process or parental rights, as defined in our U.S. Constitution.
These agencies have been known to falsify documents, commit perjury, conceal, and also commit fraud, to protect their corporate greed, funds, and the profits they make, caught up in this corruption is where most people hesitate.
They average citizen is caught up in their fight, as they continue to keep you on a defensive position, and attempt to destroy you in every situation,
You have to make good decisions, and ask the right questions to figure out their strategy and they way they attempt to sway the court, due to your anger and frustration, you have to make the best of every decision and situation.
These agencies are out for profit using your child, do not let the situation get out of control or wild, make excellent decisions and most of all act with care and precision.
The System
You have to remember these are greedy people fighting for profits, using their pretense is that their looking out for the best interest of our children, this is a farce, we have seen it all too well, this is the truth we want you to see and tell.
People are under the impression that this system is out to assist and protect families in need of care, when in actuality they are never there.
Once you get passed the concept that they do not care, and want to share (the huge Profits), in which they make, then you will see pass the hurt families, children, mothers, and fathers they forsake.
If you get caught up in this system of these evil people who act as a leach, then you will also want to protect those who stumble at their feet, and this will hopefully make you learn the truth, as well, learn to teach,
United we Stand, United we fall, do not let others get placed upon this evil wall.
Mr. David Martin Price
President of I.F.F.O.C. & K.C.E.A.J.
3121 SE Fremont St.
Topeka, Kansas 66605
(785) 267-5132
School Dist. Lawyer Suspended With Pay, re Claimed Failure to Tell Police of Touch Incident
Posted Sep 9, 2010 5:07 PM CDT
By Martha Neil
A school district lawyer in North Carolina has been suspended, with pay, amidst allegations that he may have played a key role in the district's reported failure to notify law enforcement authorities, as required by state law, of allegations of improper conduct toward a student by a teacher. Authorities are now investigating an incident months ago in which a teacher allegedly touched a student's leg, reports the Winston-Salem Journal. The principal at the school reported the incident to the district's lawyer, Drew Davis, according to the principal's lawyer, David Freedman. However, Davis told the principal to do nothing further, Freedman contends. Davis, declined to comment, the newspaper says. The school district is changing its reporting policy and from now on principals at schools to which a police officer is assigned will report such incidents directly to the officer.
Mr. Price, President of I.F.F.O.C. (Independent Federal Fund Oversight Committee) and K.C.E.A.J. (Kansas Citizens for Equal Access to Justice) thinks this gives new definition to the no child left behind policy. Evidently, the schools are still under the protection of each state and believe what the parent doesn’t know will not hurt them. Better defined as, plausible denial ability. Administration and their own policies, the art of confusion is illusion. Somewhere are children are not getting the right message and ideas from the Department of Education’s confusion and their own policies, Which now bring to question getting back to the basic education, and less academic credits, and more basic credits, to assist our children in achieving their educative goals.
By Martha Neil
A school district lawyer in North Carolina has been suspended, with pay, amidst allegations that he may have played a key role in the district's reported failure to notify law enforcement authorities, as required by state law, of allegations of improper conduct toward a student by a teacher. Authorities are now investigating an incident months ago in which a teacher allegedly touched a student's leg, reports the Winston-Salem Journal. The principal at the school reported the incident to the district's lawyer, Drew Davis, according to the principal's lawyer, David Freedman. However, Davis told the principal to do nothing further, Freedman contends. Davis, declined to comment, the newspaper says. The school district is changing its reporting policy and from now on principals at schools to which a police officer is assigned will report such incidents directly to the officer.
Mr. Price, President of I.F.F.O.C. (Independent Federal Fund Oversight Committee) and K.C.E.A.J. (Kansas Citizens for Equal Access to Justice) thinks this gives new definition to the no child left behind policy. Evidently, the schools are still under the protection of each state and believe what the parent doesn’t know will not hurt them. Better defined as, plausible denial ability. Administration and their own policies, the art of confusion is illusion. Somewhere are children are not getting the right message and ideas from the Department of Education’s confusion and their own policies, Which now bring to question getting back to the basic education, and less academic credits, and more basic credits, to assist our children in achieving their educative goals.
Thursday, September 9, 2010
GW Law Prof Promises Airing of Undisclosed ‘Critical Facts’ in Judge’s Impeachment Trial
Posted Sep 9, 2010 5:30 AM CDT
By Debra Cassens Weiss
A George Washington University law professor will be leading the defense for U.S. District Judge G. Thomas Porteous Jr. when the first phase of his impeachment trial begins next week before a special U.S. Senate Committee. Lead defense lawyer Jonathan Turley told the National Law Journal in an e-mail that the trial will “include critical facts that were never disclosed to the members of the House before the impeachment." Porteous, a New Orleans judge, is accused of corruption on the federal and state bench, including allegations that he participated in a kickback scheme with a law firm, the story says. The trial will be the first for a member of the federal judiciary since 1989. Porteous is also represented by Bryan Cave partner Daniel Schwartz and associates P.J. Meitl and Daniel O'Connor. They contend Porteous doesn't deserve removal for his conduct, and the charges are exaggerated or taken out of context. The defense lawyers also question the propriety of trying Porteous for conduct that occurred before he became a federal judge, and claim the FBI was aware of the allegations before Porteous was confirmed to the U.S. district court.
Additional coverage:
New Orleans Times-Picayune: "Judge Thomas Porteous' defense motions rejected; trial begins Monday"
By Debra Cassens Weiss
A George Washington University law professor will be leading the defense for U.S. District Judge G. Thomas Porteous Jr. when the first phase of his impeachment trial begins next week before a special U.S. Senate Committee. Lead defense lawyer Jonathan Turley told the National Law Journal in an e-mail that the trial will “include critical facts that were never disclosed to the members of the House before the impeachment." Porteous, a New Orleans judge, is accused of corruption on the federal and state bench, including allegations that he participated in a kickback scheme with a law firm, the story says. The trial will be the first for a member of the federal judiciary since 1989. Porteous is also represented by Bryan Cave partner Daniel Schwartz and associates P.J. Meitl and Daniel O'Connor. They contend Porteous doesn't deserve removal for his conduct, and the charges are exaggerated or taken out of context. The defense lawyers also question the propriety of trying Porteous for conduct that occurred before he became a federal judge, and claim the FBI was aware of the allegations before Porteous was confirmed to the U.S. district court.
Additional coverage:
New Orleans Times-Picayune: "Judge Thomas Porteous' defense motions rejected; trial begins Monday"
Wednesday, September 8, 2010
Lawyer Accused of Forging Judge’s Signature on Orders in 4 Adoption Cases
Posted Aug 11, 2010 1:28 PM CDT
By Martha Neil
A Georgia family practitioner was arrested at her Stockbridge law office yesterday after allegedly forging a judge's signature on court orders terminating parental rights in four different adoption cases. Lynn McNeese Swank, 60, is accused of falsely informing her client, the Catholic Charities for the Archdiocese of Atlanta, that she had made progress on the cases when in fact that wasn't so, apparently in order to obtain payment for legal services that weren't provided. She allegedly forged Fulton County Superior Court Judge Gail Tusan's signature on the orders and filed them with the court clerk after the client became impatient and sent her a termination letter, according to the Fulton County Daily Report. She was charged with four counts of forgery, two counts of perjury and one count of theft by deception, states the Atlanta Journal-Constitution. Noticing a typo in the mother's name on one of the orders, the charity took it directly to Tusan for correction. A staff attorney in her office then spotted the apparent forgery of the judge's signature, which led to a further investigation that revealed the other alleged forgeries of Tusan's signature on the other three orders, the Daily Report article explains. "We were very surprised," Pat Chivers, an archdiocese spokeswoman, told the AJC. "We had worked with her before and had no problems." Asked by the judge to provide a sworn explanation, Swank is accused of pointing the finger at her ex-husband and and telling the judge that he must have forged the orders because he had filed them, the Daily Report says. However, a subsequent probe by the Georgia Bureau of Investigation, which was called in by Tusan, determined that Swank's ex-husband, who is not identified in the article, had been out of state at the time the orders were filed. The Daily Report could not reach Swank or her lawyer for comment. A GBI press release provides additional details. At last report, Swank was being held in the Fulton County Jail.
By Martha Neil
A Georgia family practitioner was arrested at her Stockbridge law office yesterday after allegedly forging a judge's signature on court orders terminating parental rights in four different adoption cases. Lynn McNeese Swank, 60, is accused of falsely informing her client, the Catholic Charities for the Archdiocese of Atlanta, that she had made progress on the cases when in fact that wasn't so, apparently in order to obtain payment for legal services that weren't provided. She allegedly forged Fulton County Superior Court Judge Gail Tusan's signature on the orders and filed them with the court clerk after the client became impatient and sent her a termination letter, according to the Fulton County Daily Report. She was charged with four counts of forgery, two counts of perjury and one count of theft by deception, states the Atlanta Journal-Constitution. Noticing a typo in the mother's name on one of the orders, the charity took it directly to Tusan for correction. A staff attorney in her office then spotted the apparent forgery of the judge's signature, which led to a further investigation that revealed the other alleged forgeries of Tusan's signature on the other three orders, the Daily Report article explains. "We were very surprised," Pat Chivers, an archdiocese spokeswoman, told the AJC. "We had worked with her before and had no problems." Asked by the judge to provide a sworn explanation, Swank is accused of pointing the finger at her ex-husband and and telling the judge that he must have forged the orders because he had filed them, the Daily Report says. However, a subsequent probe by the Georgia Bureau of Investigation, which was called in by Tusan, determined that Swank's ex-husband, who is not identified in the article, had been out of state at the time the orders were filed. The Daily Report could not reach Swank or her lawyer for comment. A GBI press release provides additional details. At last report, Swank was being held in the Fulton County Jail.
Tuesday, September 7, 2010
Lawyer Found Dead in Home After Suicidal Gunman Shoots at Downtown Indy Firm
Posted Aug 26, 2010 9:59 PM CDT
By Molly McDonough
The body of Mary Jane Frisby, 44, a former partner at the Indianapolis-based Barnes & Thornburg, was found in her home, the apparent victim of homicide. Police discovered her body after her estranged husband, David Frisby, shot himself at a parking garage near the firm, which she'd recently left, reports Channel 6 in Indianapolis. The news outlet reports that the couple was getting a divorce. Police went to Mary Jane Frisby's home after finding a tape recording apparently left by David Frisby in his car, WTHR Channel 13 reports. Late Thursday afternoon, Barnes & Thornburg staff was under lockdown, told by police to stay away from exterior walls which had been penetrated by two bullets, firm partner Don Knebel told Indiana Lawyer. Knebel told the publication that lawyers were getting news updates about the shooting on their BlackBerrys. "Indiana Supreme Court public information officer Kathryn Dolan, who has an office in the 30 S. Meridian building across from the parking garage, said several people in the Division of State Court Administration heard the gunshots and saw the man shoot himself and then fall from the garage," Indiana Lawyer reports. Frisby is believed to have fired six shots from the top floor of the parking garage before shooting himself, then falling to the ground below, according to several news reports. "He turned and it's like he looked directly at us and fired two shots," Barnes & Thornburg lawyer Anthony Prather told Channel 6. Channel 6 reports that David Frisby, 58, had posted Mary Jane Frisby a message on Face book condemning the law firm, writing, "The bad lawyers at the Barnes & Thornburg law firm ... do not respect the institution of marriage and corrupted my wife Mary Jane (sex and drugs). Someone (maybe one of their good lawyers) please make them pay. Justice demands the truth out. It's a tragedy." Barnes & Thornburg Managing Partner Alan A. Levin released a statement Thursday, saying, "The Barnes & Thornburg family is deeply saddened by the tragic incidents that occurred today. Our thoughts and prayers go out to the family of our beloved former partner, Mary Jane Frisby. Mary Jane was a valued member of Barnes & Thornburg for several years. She will be missed by all of us. This is a very sad day for the firm." Last week, Mary Jane Frisby left the firm to accept a position at Cummins, according to Channel 13. Cached versions of her profile at the firm show that she was a longtime IP lawyer, who handled IP litigation and non-litigation enforcement matters.
By Molly McDonough
The body of Mary Jane Frisby, 44, a former partner at the Indianapolis-based Barnes & Thornburg, was found in her home, the apparent victim of homicide. Police discovered her body after her estranged husband, David Frisby, shot himself at a parking garage near the firm, which she'd recently left, reports Channel 6 in Indianapolis. The news outlet reports that the couple was getting a divorce. Police went to Mary Jane Frisby's home after finding a tape recording apparently left by David Frisby in his car, WTHR Channel 13 reports. Late Thursday afternoon, Barnes & Thornburg staff was under lockdown, told by police to stay away from exterior walls which had been penetrated by two bullets, firm partner Don Knebel told Indiana Lawyer. Knebel told the publication that lawyers were getting news updates about the shooting on their BlackBerrys. "Indiana Supreme Court public information officer Kathryn Dolan, who has an office in the 30 S. Meridian building across from the parking garage, said several people in the Division of State Court Administration heard the gunshots and saw the man shoot himself and then fall from the garage," Indiana Lawyer reports. Frisby is believed to have fired six shots from the top floor of the parking garage before shooting himself, then falling to the ground below, according to several news reports. "He turned and it's like he looked directly at us and fired two shots," Barnes & Thornburg lawyer Anthony Prather told Channel 6. Channel 6 reports that David Frisby, 58, had posted Mary Jane Frisby a message on Face book condemning the law firm, writing, "The bad lawyers at the Barnes & Thornburg law firm ... do not respect the institution of marriage and corrupted my wife Mary Jane (sex and drugs). Someone (maybe one of their good lawyers) please make them pay. Justice demands the truth out. It's a tragedy." Barnes & Thornburg Managing Partner Alan A. Levin released a statement Thursday, saying, "The Barnes & Thornburg family is deeply saddened by the tragic incidents that occurred today. Our thoughts and prayers go out to the family of our beloved former partner, Mary Jane Frisby. Mary Jane was a valued member of Barnes & Thornburg for several years. She will be missed by all of us. This is a very sad day for the firm." Last week, Mary Jane Frisby left the firm to accept a position at Cummins, according to Channel 13. Cached versions of her profile at the firm show that she was a longtime IP lawyer, who handled IP litigation and non-litigation enforcement matters.
Suit Seeks to Block Appointment of Kansas Supreme Court Judge
Posted Aug 27, 2010 10:26 AM CDT
By Terry Carter
The supremely successful election-law gadfly, provocateur and mover-and-shaker James Bopp Jr. is at it again, already. The earth is still trembling from the Supreme Court’s decision earlier this year, in a case Bopp developed, that the First Amendment protects unlimited corporate spending on independent campaign advertising, in Citizens United v. FEC. Now, Bopp has returned to one of his favorite issues, judicial elections. (Bopp’s extensive work challenging election laws was detailed in a profile "The Big Bopper" in the ABA Journal in 2006.) On Thursday, he filed suit in a federal court in Kansas challenging the privileged role given lawyers in selecting nominees for vacancies on the state supreme court and its appeals court. The system was devised under the state constitution to limit the role of politics in the judiciary by avoiding direct judicial elections, the Wichita Eagle reports. Five of the nine members of the Kansas Supreme Court Nominations Commission are lawyers, including its chairman, and they are elected to the posts by a vote of state-resident members of the Kansas bar. The other four members are lay persons. Bopp argues in his complaint (PDF) that scheme gives the lawyers on the Commission “majority control” in filling judicial vacancies, violating the 14th Amendment right to equal protection of the laws because citizens of Kansas have no say in the election of those commission members The suit comes on the heels of the Aug. 3 resignation of Chief Justice Robert E. Davis, who died the following day. “This restricted election denies the rights of Kansans to vote and the right to participate equally in the selection of justices and judges in Kansas,” Bopp wrote in the complaint, which seeks an injunction and an end to the current system.
By Terry Carter
The supremely successful election-law gadfly, provocateur and mover-and-shaker James Bopp Jr. is at it again, already. The earth is still trembling from the Supreme Court’s decision earlier this year, in a case Bopp developed, that the First Amendment protects unlimited corporate spending on independent campaign advertising, in Citizens United v. FEC. Now, Bopp has returned to one of his favorite issues, judicial elections. (Bopp’s extensive work challenging election laws was detailed in a profile "The Big Bopper" in the ABA Journal in 2006.) On Thursday, he filed suit in a federal court in Kansas challenging the privileged role given lawyers in selecting nominees for vacancies on the state supreme court and its appeals court. The system was devised under the state constitution to limit the role of politics in the judiciary by avoiding direct judicial elections, the Wichita Eagle reports. Five of the nine members of the Kansas Supreme Court Nominations Commission are lawyers, including its chairman, and they are elected to the posts by a vote of state-resident members of the Kansas bar. The other four members are lay persons. Bopp argues in his complaint (PDF) that scheme gives the lawyers on the Commission “majority control” in filling judicial vacancies, violating the 14th Amendment right to equal protection of the laws because citizens of Kansas have no say in the election of those commission members The suit comes on the heels of the Aug. 3 resignation of Chief Justice Robert E. Davis, who died the following day. “This restricted election denies the rights of Kansans to vote and the right to participate equally in the selection of justices and judges in Kansas,” Bopp wrote in the complaint, which seeks an injunction and an end to the current system.
Ex-Judge Reprimanded After Vowing to Let Cases Sit ‘Until Hell Freezes Over’
Posted Aug 27, 2010 8:18 AM CDT
By Debra Cassens Weiss
A former Wisconsin judge who complained about a lack of clerical help has been reprimanded for a backlog of about 3,500 cases. Former Judge John Zodrow had worked in the city of Cudahy municipal court, which had an annual caseload of about 4,000 cases, according to an opinion by the Wisconsin Supreme Court published by Leagle.com. The Milwaukee Journal Sentinel’s Proof and Hearsay blog has a story. Court officials repeatedly warned Zodrow about the backlog, but he did nothing about it, the opinion says. Zodrow had contended the court's one full-time clerk couldn't handle all the work, and the inadequate staffing forced him to spend time on clerical tasks. He also objected to the city’s decision to cut court access to the police computer system, and he refused to adjudicate parking ticket stipulation cases in protest, the opinion says. He told the Wisconsin Judicial Commission that those cases "can sit and collect dust until hell freezes over” for all he cares. Zodrow lost his bid for re-election in April and he expressed remorse for the backlog. The court said a reprimand is appropriate since it is unlikely he will repeat his conduct.
By Debra Cassens Weiss
A former Wisconsin judge who complained about a lack of clerical help has been reprimanded for a backlog of about 3,500 cases. Former Judge John Zodrow had worked in the city of Cudahy municipal court, which had an annual caseload of about 4,000 cases, according to an opinion by the Wisconsin Supreme Court published by Leagle.com. The Milwaukee Journal Sentinel’s Proof and Hearsay blog has a story. Court officials repeatedly warned Zodrow about the backlog, but he did nothing about it, the opinion says. Zodrow had contended the court's one full-time clerk couldn't handle all the work, and the inadequate staffing forced him to spend time on clerical tasks. He also objected to the city’s decision to cut court access to the police computer system, and he refused to adjudicate parking ticket stipulation cases in protest, the opinion says. He told the Wisconsin Judicial Commission that those cases "can sit and collect dust until hell freezes over” for all he cares. Zodrow lost his bid for re-election in April and he expressed remorse for the backlog. The court said a reprimand is appropriate since it is unlikely he will repeat his conduct.
Army Sergeant Charged with Threatening Judge in YouTube Rap
Posted Sep 7, 2010 5:30 AM CDT
By Debra Cassens Weiss ABA Journal
A Tennessee serviceman in a years-long battle over custody of his teen daughter took his frustrations to the Internet, posting a YouTube rap that brought charges of threatening a judge.
In his rap, U.S. Army Sgt. Franklin Delano Jeffries II mentions a judge but doesn't give a name, the Knoxville News Sentinel reports. The newspaper cites two statements that landed the Knoxville resident in trouble. "I guarantee you, if you don't stop, I'll kill you,” he rapped in the song posted in July. Then, when the rap was over, he said, "You don't deserve to live and I hope I encourage other dads to go out there and put bombs in their [expletive] car. Blow 'em up."
Last week Jeffries was jailed pending trial on a charge of using the Internet to threaten the Knox County judge in his case. His lawyer, Ralph Harwell, told the newspaper that his client was merely exercising his right of free speech.
By Debra Cassens Weiss ABA Journal
A Tennessee serviceman in a years-long battle over custody of his teen daughter took his frustrations to the Internet, posting a YouTube rap that brought charges of threatening a judge.
In his rap, U.S. Army Sgt. Franklin Delano Jeffries II mentions a judge but doesn't give a name, the Knoxville News Sentinel reports. The newspaper cites two statements that landed the Knoxville resident in trouble. "I guarantee you, if you don't stop, I'll kill you,” he rapped in the song posted in July. Then, when the rap was over, he said, "You don't deserve to live and I hope I encourage other dads to go out there and put bombs in their [expletive] car. Blow 'em up."
Last week Jeffries was jailed pending trial on a charge of using the Internet to threaten the Knox County judge in his case. His lawyer, Ralph Harwell, told the newspaper that his client was merely exercising his right of free speech.
Monday, September 6, 2010
Michael W. Lynch - Former Chairman Of McCook Metals - Fighting Judicial Retaliation Against His Family and Himself for Uncovering Judicial Corruption in Chicago Federal Bankruptcy Court.
CHICAGO -- More evidence of $40 Million ''Judicial Bribery Fund'' turned over to civil and criminal authorities On July 11, 2006, without notice or due process, Federal Bankruptcy Court Judge Wedoff ordered Michael Lynch to sit for his third 341 examination. Despite filing for his dismissal of his personal bankruptcy due the discovery by Lynch and Federal authorities of extensive judicial corruption in his courtroom, Judge Wedoff is retaliating against Mr. Lynch's wife, children, brother and mother in attempt to intimidate and silence Lynch, according to Lynch. On July 20, 2006 at 9:30 a.m. in Courtroom 744, Judge Wedoff has ordered that Federal Marshals shall take Lynch into custody and force him to attend his third bankruptcy interrogation proceeding. These alleged unlawful orders indicating alleged coercion under duress were entered despite Michael W. Lynch filing motions to dismiss his bankruptcy proceedings March 2006 and July 2006. Instead choosing to lawfully pursue federal actions against the attorneys Ted Cornell and Gus Palioan of Seyfarth Shaw, officers of General Electric Commercial Finance (GECC), and federal court agents for alleged wrongdoing that resulted in the forced collapse of Lynch's McCook Metals in August 2001, Judge Wedoff has allegedly threatened Mr. Lynch and his family for Lynch's now public exposure of Judicial Corruption in his courtroom and the Seventh Circuit. Judge Wedoff's rulings are evidence of apparent judicial retaliation, according to Lynch. Bankruptcy is at the sole discretion of the debtor and cannot be imposed upon a citizen by the government. Judge Wedoff is allegedly using forced bankruptcy proceedings as a weapon against Lynch to cover up for alleged crimes committed by Judge Wedoff for which further material evidence has been turned over to civil and criminal authorities, according to Lynch. Lynch comments, "Operation Greylord came out of Chicago courts. The idea that there may still exist alleged "criminals in black robes" is not foreign to this city. But my heart is heavy to be on the receiving end of actions defiling our great US Constitution by those who have taken oaths to safeguard it, while our young patriots are willing to die abroad fighting for its principles of democracy and due process." In a May 31st, 2006 Business Wire National Press Release, Mr. Lynch announced the discovery of a $40 million judicial bribery fund and his fight against systemic judicial corruption in Chicago's state and federal courts in partnership with Independent Federal Fund Oversight Committee (IFFOC) out of Topeka, Kansas. Federal actions were filed in Chicago (case numbers, 06-CV-2500, 06C 3783) and Kansas (case number 06-4055-JAR) in June 2006 respectively. (See Business Wire National Press Release of June 6, 2006). Due to the alleged judicial corruption in Cook County and the Federal 7th Circuit District Court Mr. Lynch and IFFOC were forced to file a lawsuit in the 10th Circuit Federal court in Kansas.
Federal Auditors hired by IFFOC have allegedly uncovered material evidence of Judicial Corruption pertaining to the forced bankruptcy of Mr. Lynch's former company McCook Metals. The evidence alleges the following was discovered:
1) Lynch's law firm, Seyfarth Shaw conspired with General Electric Commercial Finance (GECC conspired to force McCook Metals into bankruptcy and wrest control of the company from Mr. Lynch.
2) Judge Wedoff released the aluminum giant Alcoa from a $100 million dollar pension liability and forced those obligations onto the Pension Benefit Guaranty Board (PBGC). Former chairman of Alcoa and Secretary of Treasurer, Paul O'Neil who was a Trustee of the PBGC had exparte communications with Judge Wedoff pertaining to dismissal of those obligations, despite being hugely conflicted as Trustee for the PBGC. Like the United Airlines case that Judge Wedoff handled, thousands of workers lost their pensions or received dramatically reduced payouts. Those obligations were not honored by Alcoa or United Airlines, but instead were forced on the US taxpayers.
3) Judge Wedoff admitted on the record to Mr. David Martin Price President of I.F.F.F.O.C., that he still was receiving residuals from his prior law firm, Jenner & Block.
4) McCook Metals was never formally sold to French Aluminum Pechiney.
Instead, the McCook Metals manufacturing equipment and US Military contracts were assigned to Alcoa with no formal written agreement or court order.
5) Seyfarth Shaw, General Electric and Alcoa conspired to raise aluminum prices for the US Military.
6) Despite being a defendant in three lawsuits pertaining to his participation in judicial corruption Judge Wedoff refuses to recuse himself. The law requires an impartial judge and a constitutional right to a fair hearing.
Despite alleged judicial against his family and loved ones, Lynch vows to obey his civil and moral duty to fight judicial corruption in the public interest.
Federal Auditors hired by IFFOC have allegedly uncovered material evidence of Judicial Corruption pertaining to the forced bankruptcy of Mr. Lynch's former company McCook Metals. The evidence alleges the following was discovered:
1) Lynch's law firm, Seyfarth Shaw conspired with General Electric Commercial Finance (GECC conspired to force McCook Metals into bankruptcy and wrest control of the company from Mr. Lynch.
2) Judge Wedoff released the aluminum giant Alcoa from a $100 million dollar pension liability and forced those obligations onto the Pension Benefit Guaranty Board (PBGC). Former chairman of Alcoa and Secretary of Treasurer, Paul O'Neil who was a Trustee of the PBGC had exparte communications with Judge Wedoff pertaining to dismissal of those obligations, despite being hugely conflicted as Trustee for the PBGC. Like the United Airlines case that Judge Wedoff handled, thousands of workers lost their pensions or received dramatically reduced payouts. Those obligations were not honored by Alcoa or United Airlines, but instead were forced on the US taxpayers.
3) Judge Wedoff admitted on the record to Mr. David Martin Price President of I.F.F.F.O.C., that he still was receiving residuals from his prior law firm, Jenner & Block.
4) McCook Metals was never formally sold to French Aluminum Pechiney.
Instead, the McCook Metals manufacturing equipment and US Military contracts were assigned to Alcoa with no formal written agreement or court order.
5) Seyfarth Shaw, General Electric and Alcoa conspired to raise aluminum prices for the US Military.
6) Despite being a defendant in three lawsuits pertaining to his participation in judicial corruption Judge Wedoff refuses to recuse himself. The law requires an impartial judge and a constitutional right to a fair hearing.
Despite alleged judicial against his family and loved ones, Lynch vows to obey his civil and moral duty to fight judicial corruption in the public interest.
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