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Tuesday, February 12, 2008

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

14 comments:

Anonymous said...

The present state of OCA and their judiciary is conspiracy,perjury and altering transcripts. I am personally in possession of an altered transcript used in an official administration hearing and changed 10 days later to reflect information OCA needed to use for termination. OCA was reckless enough to think i did not realize this and never comprehended i was smart enough to obtain information to show what should be in the real transcript. The altered transcript, ordered by the administrative judge and her administrative assistant is about to be revealed in discovery. Unfortunately, the FBI was made aware of this and other criminal acts by OCA in early 2006, but stated that federal court should handle it. I was unaware that FEDERAL COURT was an investigative agency and thought the FBI was such! So, people who could have pevented a lot of OCA'S abuse of transcripts, ETC. and THE ABOVE, for the past 2yrs,(FBI) chose to let the taxpayers and court reporters suffer under orders of the NY JUDICIARIES ABUSE OF POWER AND COMMISSIONS OF CRIMINAL ACTS! You cannot say law enforcement was not aware that OCA was performing illegally in reference to all corruption...I TOLD THEM EVERYTHING THEY NEEDED TO OPEN AN INVESTIGATION in 2006! CONGRATULATIONS TO THE COURT REPORTER FOR EXHIBITING ETHICS AND STANDARDS....SO MANY COURT REPORTERS ARE CAVING TO THESE ROGUE NY JUDGES!

Anonymous said...

man oh man. some (big) heads should role over this case. this guy's got one thing right: what they did was illegal.

Anonymous said...

I CAN'T BELIEVE THIS. WHERE DID WE GET THESE JUDGES!?!

Twilight Zone said...

I guess I'm not the only one this happened to..WOW..They changed my transcripts..My testimony was altered and changed.. Some evidence, a taped recorded conversation was partly erased...During hearings at the DDC, they didn't have a court stenographer,an employee at the DDC, a man was there to control the DDC's tape recording device.They denied me the right to have an attorney. I felt like I was in the Twilight Zone. All too surreal. How could this be happening, is something I frequently said to myself.

Anonymous said...

THOMAS J.CAHILL, NAOMI GOLDSTEIN, RICHARD GODOSKY, MICHAEL ROSS, DAVID SPOKONY, ALLEN ISAAC, REBECCA TAUB, SHERRY COHEN.THE ABOVE INDIVIDUALS NEED TO BE INVESTIGATED.

victim of judge said...

this SOB in his black dress should drop dead!!!!!!!!!!!!!!
These bastards want respect, give them all a swift kick.
Put them in JAIL and take their dresses away. Let's see how they like JAIL!

Anonymous said...

SOMEBODY SHOULD INVESTIGATE AN ATTORNEY WITH THE LAST NAME LUPINETTI. WHAT SPOUSAL CONNECTIONS SHE MAY HAVE WITH THE OFFICE OF ATTORNEY GENERAL CUOMO.

Anonymous said...

yo judge. how you explain this one..... got caught with you robe unzipped.

a fly on the wall said...

hey Judge go directly to Jail, do not stop, you are jammed up

Anonymous said...

FLIP WILSON SAID.."HERE COME THE JUDGE".."HERE COME THE JUDGE"...THERE GOES THE JUDGE..DIRECTLY TO JAIL. PLEASE GO DIRECTLY TO JAIL..DON'T STOP..GO DIRECTLY TO JAIL..HA HA..WHAT DO YOU THINK YOU GET WHEN YOU MESS WITH OTHER PEOPLE'S LIFES?...JAIL...JAIL...JAIL..THE END

court victim said...

disgruntlled Judges screw people all day long and get away with it because they call it "DISCRETION" - that's their free pass, invented by the Judges to cover themselves, you gotta love this! And they get away with it because NO ONE WILL GO AFTER THEM AND BRING THEM TO THE BAR OF JUSTICE! Why are they not accountable? Why should they get a pay raise?

Anonymous said...

it's just lucky that everything wasn't sealed for no good reason. that's another scam the dirt bags use regularly. always bring at least one witness to observe the judicial wizardry. let's face it your word is worth nothing when your are up against a judge!

Anonymous said...

The truth about judges and sealing, as an ex-court clerk, is that most do not know the sealing laws nor do they care to learn it. Judges look it up only when they have to do a favor for a lawyer friend...otherwise, most cases go unsealed or the clerk seals them, if they are smart enough to know the law, per the cpl! So for soemthing to be sealed by a judge..it has to garner his or her special attention! This has been a fact for many, many years. When it comes to transcripts, i am certain that it is the same case and probably more of an effort to seal, because sealing transcripts or pretending to, is not in a judges ordinary duty on any day! Judges could care less if things get sealed, unless it involves a favor!

Anonymous said...

The U.S. Senate should be having hearings about the corruption in NY's courts, not baseball. And they can start with this knucklehead judge.......

Blog Archive

See Video of Senator John L. Sampson's 1st Hearing on Court 'Ethics' Corruption

The first hearing, held in Albany on June 8, 2009 hearing is on two videos:


               Video of 1st Hearing on Court 'Ethics' Corruption
               The June 8, 2009 hearing is on two videos:
         
               CLICK HERE TO SEE Part 1
               CLICK HERE TO SEE Part 2