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Thursday, August 6, 2009

Federal Judge Warns On-Trial New York Lawyer

JUDGE WARNS ON-TRIAL LAWYER
The New York Post by KATI CORNELL - August 6, 2009

The Manhattan lawyer on trial after being caught on tape talking about bribing and threatening witnesses against his drug-kingpin client got a harsh lecture yesterday from the judge, who warned him, "Your career is at stake. Your liberty is at stake." The stern message from Brooklyn federal Judge John Gleeson came after Robert Simels was cross-examined by Assistant US Attorney Steven D'Alessandro. Gleeson warned Simels, who is charged with obstruction of justice, that he was in danger of hanging himself with rambling answers given in a combative tone of voice. After sending the jurors out of the courtroom, he said, "I'm going to start stepping on you in front of the jury. It's not going to help your case." The tapes were made by gang member Selwyn Vaughn, who had worked for Simels' client, Guyanese druglord Roger Khan. He was flipped and agreed to wear a wire. On one recording, Simels instructs Vaughn to tell a witness that collecting a fee was legitimate. D'Alessandro asked Simel yesterday, "She's coming to your office. She's thinking it's perfectly appropriate because a lawyer said it's OK?" Simels snapped back, "I never had any intention. Didn't have the money. Wasn't going to do it." On another recording, Vaughn told Simels, "We either try to buy them or we gotta drive fear in them." "I agree. I agree," Simels replied. Asked yesterday if he'd given that answer, Simels started discussing computer problems. "I was focused on a different issue at that moment. We were losing electricity . . . I flipped around to look at my computer. It was going down," Simels testified, before being told to give a yes-or-no answer. "Those are my words," Simels finally admitted. kati.cornell@nypost.com

27 comments:

Anonymous said...

I ask again, can anyone point to any class in law school that says you can't do what this attorney is accused of doing?

Quietly Smiling said...

You're kidding, right?

The class is called "Professional Responsibility," a 1 credit course commonly taken in 2nd or 3rd year.

Anonymous said...

But I was never told that you couldn't hire someone to 'eliminate' a witness. Go over your notes.

Quietly Smiling said...

Hiring someone to "eliminate" a wtiness is a Federal crime, a felony. A licensed attorney convicted of a felony automatically earns him a disbarment.

You can review these rules at the following URL:

http://www.courts.state.ny.us/rules/jointappellate/NY%20Rules%20of%20Prof%20Conduct_09.pdf

Anonymous said...

IF, and it's a big 'if', you get caught, you're OK if you've paid your dues. Legal insiders protect legal insiders. Get over it. You don't hear, too often anyway, about attorneys at big law firms getting slammed, do you? They have double protection: firms members on ethics policy committees AND paying the dues......

Quietly Smiling said...

Agreed, but it's quite a risk, not one I would venture to take.

Anonymous said...

Wow...this is amazing...a lawyer trying to eliminate a witness!

This crime is a natural for OCA ...they tried it with me.

So if the state court syndicate can do it..why not everyone else.....since no one in the judicial field seems to answer that question for me.

The state courts interpret and appply the law...and x Chief Judge Kaye and her throngs...not her thongs... of various additional animal justices and employees...felt comfortable enough to hire a state corrections officer from Attica... to attempt a break into a home, stalk 2 people for at least a week while sitting outside and following said people reving his vehicle in a menacing and terrifying manner on multiple city streets and then receiving permission to participate in an attempted highway accident..with a rollover expected on a very dangerous expressway.... going 90 mpr, driving in and out, at and in front of the said vehicle,as it rounded a corner of this accident prone circle of the highway. The correction's officer maneuvered incorrectly during his quest... and almost crashed...so the attempt became incomplete.

Evidence was gathered later that week determining who the officer was, esp after the officer ran away from one victim and left more evidence to identify himself...all of which OCA then realized that his identity was known to the victims .....indicting OCA as hired murders, stalkers and breaking and entering criminals!

2 weeks after OCA failed with this plot and 6 weeks after the federal case was filed in the Western Dist...OCA hatched plan B ...where they solicited a friendly to OCA... black female domestic violence judge to slander said x employee...victim one ...who had and still has the evidence...well hidden......and then this judge....yes a female minority judge...blasted vicious gossip claiming she saw me at the international airport...and with tons of security in place... and I flipped out on her like a crazy person... as she became in fear for her safety... she thought she should call crisis services to assist my public insanity attack..but instead she just ran and caught her flight...all in the vein to make me look unstable and crazy... so if I came forward with my above evidence and story...no one would ever believe that OCA and their judges could possibly commit such acts!

Not a bad plan knowing my past travel history..but what they did not know, was that I have not been to any airport since Apr 2001- till today....and this attempt at trashing me was initiated in Apr 2006!

The original story was testified to in a depo by a clerk who testified on my behalf and accused this judge of lying and attempting to deny it was me...after she found out I knew...but instead, now Judge Jeanette is charged in federal court with the rest of the thugs of OCA...with slander and defamation added!

So is this story as bad as the one above...federal court judge?

At least I can report it here without massive black redactions...protecting the judges connected to all actionable events..as the AG is obsessively covering all discovery...with black construction paper.

Is OCA playing fair in their discovery submissions and are they any less criminal than the lawyer above or anyone other common criminal?

Anonymous said...

Lock up this snake and throw away the key

Anonymous said...

Disciplinary rule of the bar: DR 7-109 B: "A lawyer shall not advise or cause a person to hide or leave the jurisdiction of a tribunal for the purpose of making the person unavailable as witness therein." This scum lacked ethics and his act is an accessory to the crime. Jail now and Hell in the after-life.

Anonymous said...

AS TO THE ABOVE POST. Where do you think lawyers get this from? They get it from the prosecutors via the cops to do such things themselves. The most common method they use is to tell the witness NOT to speak to anyone from the defense team. And that is a fact that I have experienced many times myself, both in a PD and as a PI.

I wouldn't dare tell a witness in either of my professions not to speak to a cop or a defense attorney. Not even an implied suggestion. It has always been my belief that the truth is the truth. If the witness was lying, then so be it.

Anonymous said...

being stalked, reving engines,
false reports being filed,
accident with injuries then stories that documented injuries are not there and not allowed into a court of law, no witnesses, no experts allowed and a trial is on a disease you have never had.......
that is how the legal system seems to work.....
wow I would have just thought it was lawyers protecting themselves from the malpractice they have been committing for years,
trying to discredit the witness
I have something in common with the other writer of their horror
stories with our justice system!
Is it all a coincidence?

Anonymous said...

oops, I forgot the most important
watching a 40 year old masturbating in your yard,
they will try anything...

Anonymous said...

maybe there was a handbook put out in 2001:

Everyway Possible to Discredit a Witness......

don't forget falsifying medical records and passing them around!

Anonymous said...

it that like a lawyer telling you not to speak to the judge or the DA so you never know what happened to your false charges, so you can not charge the perpetrators with anything....never advise them of their rights and tell your client they will get you if you say anything...
who is they?
add that one to the book.....
how to discredit anyone and make them pay for it!

Anonymous said...

make sure the target can tell what type of undies you wear and whether or not you have a brazilian,
just in case it goes to court
the evidence may need to be seen!

Anonymous said...

Disciplinary rule of the bar: DR 7-109 B: "A lawyer shall not advise or cause a person to hide or leave the jurisdiction of a tribunal for the purpose of making the person unavailable as witness therein." This scum lacked ethics and his act is an accessory to the crime

the DA & sheriff's can do it,just not a lawyer,
so the perpetrators do not get charged!

Anonymous said...

Disciplinary rule of the bar: DR 7-109 B: "A lawyer shall not advise or cause a person to hide or leave the jurisdiction of a tribunal for the purpose of making the person unavailable as witness therein." This scum lacked ethics and his act is an accessory to the crime

the DA & sheriff's can do it,just not a lawyer,
so the perpetrators do not get charged!

Anonymous said...

The DA is a lawyer bound by DR 7-109 B.

Anonymous said...

Aren't DR optional?

It sure seems that way.

Anonymous said...

I'm pretty sure that even our AG would agree that this case takes the cake.

Eliot: NO, but Andrew; Yes (I think)

Anonymous said...

Copied from Ny Lawyer's Code of Professional responsibility; "(DR) Disciplinary Rules, unlike Ethical Considerations, are mandatory in character. The (DR) Disciplinary Rules state the minimum level of conduct below which no lawyer can fall without being subject to disciplinary action. The (DR) disciplinary Rules should be uniformly applied to all lawyers, regardless of their professional duties." That includes DA's and this scum too.

Anonymous said...

How about walking up to a witness and simply asking when did the alarm in the building begin to ring, before, during, or after you left the parking lot? Why does the witness run into the house and say she can't talk to you?

It was simple enough to give that to a detective 5 years earlier when you were on the scene.

How about her friend that was with her in the car and said the same thing. When I called her father the lawyer, he said he really didn't know anything about this. When I read the detective's notebook entry that when he called the father, he said my daughter will not talk to you without my lawyer being present.

Both young ladies weren't being charged with anything. All they saw was two unknown males in the store that they couldn't identify.

It was all about the alarm ringing and when it began ringing. It made a liar out of the informant by contradicting his lie when testifying.

How about calling another witness simply to get his version of a particular night in question. He lies to you but you don't know that yet because the DA does not turn over his grand jury testimony of discovery. You part with his offer to call him anything should I need to speak to him again. What I got was a phone call from the detective telling me that this person feels intimidated because I know where he lives and works. That I should not speak to his witness. You don't find out he lied until you get the grand jury testimony on the Friday before the trial.

How about the witness I found only 10 minutes after I read the grand jury testimony and learned the witness above lied to me and how the grand jury testimony was a lie. How about that latest witness telling me after he realizes this lie was concocted by the police, then tells me: Look, I have to live and do business in this town and I don't want these guys coming around bothering me - meaning the cops.

How about after you go to his business the next morning to serve him a subpoena and the guys partner won't give you his partner's name, or his own name. And then tells you the guy you spoke to went on an extended vacation to places unknown.

Whatever Simels has done, or is believed to have done, pales by comparison to what the DA and cops have done and continue to do to this very day.

The difference between the private lawyer and the district attorney is the lawyer will be prosecuted and the prosecutor will not be prosecuted, or even reprimanded by the Grievance Committee.

Anonymous said...

that is why our lawyers need to be corrected/fined while the cases are ongoing and they need to report the judges and the judges need to be corrected/fined...
including the DA

until they have to pay they will all play!

Anonymous said...

Lawyers involved in lawsuits and depositions against themselves or their employer, are the most vicious liars imaginable not locked up in prison...and their body language tells it all....when their flapping jaw isn't saying all day.....I don't recall...but they repeat over and over again...which they acknowledge completely as being so...4th and 5th party information, hearsay and conversations.

After their testimony enters a few hours, they suddenly testify like they might have actually been there. The trouble with this intensive hearsay testimony under oath...by lying lawyers.... is that they were not only never a participant in any observations...but they just met the pltf yesterday, but feel confident that they can speak so...because perjury is accepted by OCA for employees in all legal settings, as it is only prosecuted against the public!

OCA.... you are as pitiful as the beasts you hire...and only someone you pressure and can buy off will believe your stories backed-up by employees who are thieves, drug addicts and live or lived with x drug dealers while often admitting to other employees they have done drugs so severly that they had no conscious mind for the 5 yrs they were an abuser...or living with convicted rapists etc...that OCA now pretends are credible..because get this...OCA says they are hardworking and thus as a testifying lawyer... maintains through years of legal and political investigations...he deems these shadows of crime are credible by that understanding alone!

The truth ALWAYS prevails ....whenever or wherever..before and or after any buyoff.

Your stories from you witnesses under oath are contradictory among themselves(perjurous) and don't follow the evidence that is mounted against you...that you refuse to request!

Such a sad group of self identified "benevolent" lawyers and judges.... that believe they work towards justice.

OCA..office of corrupt administration!

Anonymous said...

To look at more detailed corruption...go to

http://foodirect.net/page2.html

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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
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