UPDATE: “Judge Confiscates Transcripts - Funny Business as Usual” (MORE, CLICK HERE)

An early report revealed the illegal confiscation of transcripts by Judge Herman Cahn with the collusion of Judges Jackie Silbermann and Bernard Fried. In an effort to obtain the transcripts and to bring the three rogue judges to account, Galison filed a complaint with the Commission on Judicial Conduct (CJC), and with the Institute for Judicial Studies.

While the CJC is yet to rule on the case, the IJS did some due diligence that turned up hard evidence, indeed proof, of wrongdoing by Judge Cahn. Heidi Bruggink, a reporter from the IJS interviewed Myron Calderon, the court reporter who recorded the ex parte conference that was illegally redacted by Judge Cahn. When asked about the case and the missing transcript, Mr. Calderon wrote to the Ms. Bruggink: "Hi, Heidi, I remember this case specifically. There was a record made in camera and was sealed. It was not transcribed or released as per orders of the court. What was done was approved by the court and released as such. Anything further must be addressed to the court. Myron"

Note, when Calderon says "a record was made" but that "it was not transcribed" he means that the record of the ENTIRE conference was taken in steno form, but that only the portion approved by Cahn was "transcribed" into plain English".

Mr. Calderon is an example of a court reporter who is willing to tell the truth, even though it reflects poorly on his superiors. He should be congratulated and admired by the community of court reformers and held as an example to his peers. Mr. Calderon’s confession confirms Mr. Galison’s account that the entire proceeding was recorded, but that only a portion was “approved and released as per orders of the court”. In other words, Judge Cahn removed two thirds of the record from the public record without going through the mandatory process of sealing the transcripts. It is particularly interesting that Cahn “approved” the final portion of the transcript before releasing it. He wanted to throw Galison a bone and make him go away, but first he had to have the record transcribed so that he could be sure there was nothing in there to get him busted.

Clearly, Cahn declined to legally seal the transcripts because sealing the transcripts can be challenged and appealed- a fundamental civil right Cahn could not afford to allow. It must be assumed that the portions that were “redacted” (read “stolen") were incriminating to either Cahn himself or to the two lawyers, Wendy Stryker and Leon Friedman, (whose firm represents the Bonanno Crime Family), who have been struggling for two years to keep the transcripts from Galison.

Coincidentally, Friedman is the lawyer for Myron Beldock, the lawyer alleged to have had corrupt influence over the DDC (see "Sealing the Truth"). More sinister is why Judge Bernard Fried and Judge Silbermann both supported Cahn and the lawyers in their efforts to deprive Galison – and the public- to the transcripts that they own as citizens. Mr. Galison hopes to work with the CJC, the IJS and others to get to the bottom of this.

To be clear, there is NO provision in New York law to withhold or remove transcripts without going through the bothersome process of “sealing” in accordance with section 216 of the Rules of the Unified Court System. Therefore, Judge Cahn appears to be guilty of : S 215.40 Tampering with physical evidence. Also, believing that certain physical evidence is about to be produced or used in an official proceeding or a prospective official proceeding, and intending to prevent such production or use, he suppresses it by any act of concealment, alteration or destruction, or by employing force, intimidation or deception against any person. Tampering with physical evidence is a class E felony.

Cahn appears to have conspired with Cahn and Silbermann and the lawyers to withhold these transcripts, which would make them all guilty of 105.10 Conspiracy in the fourth degree. A person is guilty of conspiracy in the fourth degree when, with intent that conduct constituting a felony be performed, he or she, being over eighteen years of age,agrees with one or more persons under sixteen years of age to engage in or cause the performance of such conduct; Conspiracy in the fourth degree is a class E felony.

Let us now see whether the CJC has the integrity to investigate this matter fully, with special attention to what undue influence is held over these judges by the primary Defense counsel to the Bonanno Crime Family. Galison is preparing a lawsuit against the OCA and will be seeking criminal charges against Cahn and his gang.

Stay Tuned!!!

For important background information concerning this story, see:

November 10, 2007- The Unethical Ethics Committee: The "Sealed Envelope Defense"
and
January 29, 2008- Funny Business, Part 1