The Legal Intelligencer by Leo Strupczewski - August 21, 2009
Two disgraced former Luzerne County judges have asked that a federal judge reconsider his decision to reject their plea agreements and assign a sentence he feels is more appropriate. Michael T. Conahan and Mark A. Ciavarella Jr. made a joint filing Thursday, petitioning U.S. District Judge Edwin M. Kosik to reinstate their agreed-upon sentence of 87 months in prison because neither could be found at fault for their post-plea hearing actions. Neither attempted to "obstruct and impede justice" or contradict the government’s evidence in public comments, as Kosik had written, the judges argued. In fact, the filing continued, Conahan and Ciavarella only did what the law entitled them to do. The 12-page memorandum asserts that Conahan’s objections to the federal probation office’s presentence report were within the guidelines established by the Federal Rules of Criminal Procedure and that Ciavarella was right to make public comments denying a "quid pro quo" in the scandal that has been called “kids for cash” in some media outlets. Both men have conditionally pleaded guilty to accepting more than $2.6 million from the owner and builder of two juvenile detention centers.
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10 comments:
We have to come up with a better system of having judges and, importantly, keeping them clean. The corrupt justices give the good ones a very bad name!
Reconsideration?! They must be kidding.
I would suggest that all legal proceeding be video taped.
There maybe a lot that goes on behind closed doors, but it's what takes place in the courtroom that determines the outcome of the proceedings.
At least if there is a video of the proceedings, you can see if the judge and the attorneys are actually doing the jobs they are supposed to be doing.
Just a suggestion.
Normally I am not an advocate of hard sentences, this country locks up too many people for the simplest of transgressions. This how ever is not one of them the abuse of power is over the top and an indictment of what never should have occurred which is the privatization of prisons and jails. Harsh sentences are warranted and it appears that is what the presiding judge is seeking in rejecting the plea deal.
If you want to stop lawyers, judges and public officials dead in their tracks, simply hang one or two in a proverbial sense. I never like to punish my 3 boys for what they do specifically when they fight; I like to randomly punish them so that it punishes all three. I do not listen to their pleas for leniency…I did not do it, he did or he started blah…I just grab one and he gets the screaming and sent to room, usually I grab the wrong one for fun to watch the guilty in horror as their brother gets it for their shtick. Call me a bad parent but it works and I waste no time with the nonsense, it sends a clear message to all three to behave or it could be them next from the random pool to grab from.
Can this child raising trick (for those with fighting kids who want not to waste a day figuring who did what) be used for our friends, the criminals running (ruining) our legal system. Take these two dirty judges who are involved in a crime like pedophilia on steroids and the abuse of power involving children is even worse, the fate of the kids = hell. Ok, now if that was Chester, the law might say castrate, the judge instantly, with no leniency is castrated. If Chester would serve 15-20 for child crimes, the judge gets a Trifecta with Treble Damage and serves the MAXIMUM 20x3, 60 Years, no leniency. The reason the punishment is so severe is because the crimes are committed through public trust, this should not be reversed but somehow it is. The Judges names and their disciplinary or other hearings and their full frontal circumcisions done televised, bring the women and children, HBO Live, make a party. This will send a signal, to all those who take oath under g-d to uphold law and order, of the fate of those who f---k with the Public. We used to just grab the dirty judge or lawyer, take him out the court house and shoot him point blank…bam…one less dirty official.
I would have the lawyers and judges investigated by investigators, not other lawyers and judges, that is just wrong. Once you change this current flawed system perverted to protect criminals by having criminals adjudicate for them by castrating a few, hanging a few more, sentencing them to the pen for 100 yrs a fate Dante hardly imagined, you will start to see an immediate change in the profession. Then make sure lawyers and judges can have no conflicts and earn a lot of money billing fees only, if they make more it is usually criminal in nature or has the ability to create a personal greed factor that perverts them into far worse than Chester. They are an educated lot so once they see a few friends peckerless they will be good boys and girls and get back to the profession of law and not crime.
Oh yeah, somewhere in college, all lawyers should be tortured with videos showing the various penalties for violating ethics laws of our new system, so as they do not think there is no barrier to crime. Ethics in law school obviously have been erased from the curriculum.
Simple solution, all the children behave, a few are missing dicks but they were most likely dicks and if not they serve the greater good as a deterrent. There is no other solution, our Democracy is in grave danger from the lawlessness of the legal profession or the infiltration of criminals into the legal profession who fear no retribution for their crimes because their friend in crime and conflict is the judge.
As always, Hemostats (keep foreskin together so that they are cut and removed as one), Guards (slid over the foreskin as close to the glans as possible to allow for maximum removal of the former without any injury to the latter), Scalpels (swoosh) and a Mohel FREE @ www.iviewit.tv . By the by, for those who do not know, I personally circumcised my three sons, as well as, pulled them out. I certainly would substitute for the Mohel for free, as nothing would make me happier than castrating bad lawyers and judges.
Taping legal proceedings is equivalent to having a court reporter record same..... using a code unknown to everyone but themselves....AND CAN BE ALTERED WHEREVER IT IMPLICATES THE DESIGNATED PERSON TO BE VICTIMIZED.
The answer to appropriate court proceedings being recorded properly...is for the state to pay to have both parties choose their own source of documentation...until the NY court system has been purged of crime and a workable independent system can be initiated.
Court reporters are OUT forever...sorry sisters/brothers but you created you own demise!
Why not type or record in a language that can be read or heard immediately by all parties...a solution to think over!
OCA thrives in corruption over court reporter's alterations...as the courts were once vehement about disposing of that job in the 80's and 90's. But......OH YES HER AGAIN... Kaye thought it out and realized that she could use them for her power and money plays...so they became secure to the point that the administrative judges.... in and outside of NYC.... were considering raising their salaries greatly in the year 2000...transcript of said meeting is on file at OCA-NYC...held in upstate with plenty of big names present!
Taping and video recordings are not the same, if that is what you meant.
Family Court records testimony, which is then sent out to an outside company, which is selected by whoever orders it. I have more confidence in getting a accurate transcript when there is more than one source to get it transcribed.
I'm sure you have all read the decisions where the Appellate Courts give complete and total weight to the opinion of the judge who is the one who is present and they determine is in the best position to determine what is actually occurring in court.
If what goes on in the courtroom is so important, why leave it to the opinon of just one person? Why not let any and everyone be the judge for themselves? Aren't court proceeding in NYS public? We all know that judges and attorney's behave very differently when they know they are being watched and can be held accountable.
If the Corut's won't put in a video recording system, the certainly should let anyone who wants to video record a proceeding to do so. There is absolutely no law or constitution prohibition to this anyway.
Where is the ACLU on this? They should have attacked this as soon as Kaye put in the rule, which has no legal basis.
Now that I think of it, where has the ACLU been on any of this?
What has been occurring in the court's is a total and complete violation of everyone's civil rights and liberties.
Time for them to get off their a**es and actually do something that will be the most help to the people they are supposed to be protecting.
Come on folks, years ago I invented scaling video tech and remote control apps for it. First idea was to use for husbands to watch live cams of bedroom, then wives too, then all that jazz, imagine a live feed out of court, hidden deep in the bowels of mole. These guys are violating every right you have, listening to phones, intercepting emails, derailing complaints, beating up court people trying to make an honest living, satellite intercept and patriot acting your ass of every bit of intellectual property you have, so fear not a little self defense. Force them to turn off the light publically if they want or hide in secret chambers for rulings. Start with a few video cameras, have some invisible ones (fiber is a treat), have 10-12 entering, a few may be maybe stopped and confiscated, record that with other hidden cams, some concealed, some in the bench, under dash, just kidding. Then have a paid stenographer who takes it down as back up, at critical hearings, costly but good witness too. It may be illegal to tape them but if they are found doing bad shit, no one cares how the tapes came about, esp from concerned citizens. Mainstream news is useless so you must blitz in the e-world and get a print copy out and one stored offsite, then implant and grow. Nothing better than a good video from several angles, to nail coffin, you can just transcribe tapes too, time consuming though. If you want your rights back, you may have to fight for them and covert info is a joy to do, can get you in trouble but it’s a youtube world thanks to my hard work so I grant you licenses to use all the video techs necessary to tape the circus courts. If they stop your witnesses or block the courts have vids of that, show the public what is up.
I will do editing for cheap and gallison has plenty of time to help and frank was opening a video gallery on this OLD School Blog that has no video opt. With Anderson coming up the court should be packed, after some people should video interview who ever regarding the trial highlights of the day, etc. if the media won’t do it, do it yourself. Make mockery of their Corrupt Courts and make it public, get arrested, have some friends show up with picket signs. Pink Lady their asses.
I will agree with the" personal" video taping..only.
I understand all forms of court attempts at record taking and keeping and trust none of those methods..other than what is described above.
OCA is very slick in any and all operations...even if they appear above board.....and all of it skirts the law!
OCA has a counsel's office whose exact purpose is to circumvent justice and destroy the lives of those that the top....command they ruin physically, financially or legally. Murder is not negated as an option!
Do what Eliot says...video tape every move OCA operatives make...and then play it all back for the world to view... these activities.... carried on, in and out of court.
Watch the black robes run...which means they don't come to work for weeks at a time!
This is Something the FBI knows happens..but refuses to make public or control it's obvious theft from the public coffers!
Let the public really see... JUSTICE SCREWING NY CITIZENS~
The way to tape them best is to DEMAND tapes based on the info from Anderson that evidence and records are altered or destroyed and to preserve the integrity going forward. All of these cases should have coverage one way or the other so until you get a Legal reason through best to have it recorded as many ways as possible. Others helping but always a wire of sort on the bait.
They are going to resist tapes because then the game stops, I mean they threw gallison out of betsy hearing, they shut you into hell where there are no rules. With cameras that game becomes impossible...best to prepare in advance, days, weeks, months, I prefer a year or two, then it appears natural, part of the scenery. Best and Happy Huntings Snoops
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