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Saturday, September 11, 2010

Corrupt Judge Francis Nicolai Finds Sex Law Unconstitutional

Putnam County sex offender residency law struck down
Sex Offender Issues by Terence Corcoran - September 1, 2010

CARMEL, NY — A Putnam County law banning the most serious sex offenders from living near places that children frequent is unconstitutional, a state Supreme Court justice has ruled. The Aug. 26 decision by Justice Francis A. Nicolai means the county can no longer order Level 2 and 3 sex offenders — considered the most likely to reoffend — to move. It also means that [name withheld], a former Virginia schoolteacher who spent nine years in federal prison on child pornography charges, can continue living in his parents' Southeast home. [name withheld] had challenged the law, amended in 2009 by the Putnam County Legislature, that created child-safety zones within 1,000 feet of schools, child-care facilities, municipal recreation facilities and open-space areas. Three sex offenders were ordered to move as a result. One was arrested and served a brief stint in the county jail before relocating, while a second also moved, although authorities later determined that he was only Level 1. The third was [name withheld], 40, who had moved into his parents' Cobb Road home in 2006. He was no longer on parole or probation and had a job, according to court papers. He received a letter in 2009 from the Sheriff's Department telling him to relocate because the house was close to an open-space area. [name withheld]'s Mahopac attorney, Francis J. O'Reilly, praised the decision Tuesday. "The Putnam County sex- offender residency law was an ill-conceived reaction by the Putnam County Legislature to the revelation that persons convicted of sex crimes live among us," O'Reilly said in an e-mailed statement. "The attempt to regulate the residence of sex offenders beyond what is already provided in state law, which already provides a comprehensive plan for the management of sex offenders, was clearly an unconstitutional attempt to infringe on the rights afforded citizens under the Constitution by restricting where they can live." Nicolai found that the law imposed after-the-fact punishments that violated the state and federal constitutions and that it couldn't be enforced retroactively on sex offenders who had a legal residence before the 2009 amendment. County Attorney Jennifer S. Bumgarner called the ruling "unfortunate but not wholly unexpected." "The Legislature knew what it was up against when it adopted the law, but felt that its passage was, nonetheless, in the best interests of the County's residents," she wrote in an e-mail Tuesday. Bumgarner said she would not recommend an appeal but would do what legislators ask. Legislator Tony Hay, R-Southeast, called the ruling a "devastating defeat for the people of Putnam County." "My terrible disappointment is that the entire law has been deemed unconstitutional," Hay said. "I hope that any judge who renders decisions like this experiences the fear the people on Cobb Road felt and, in time, realizes why we proposed the law."

19 comments:

9th JD Victim of Nicolai said...

Most people don't know that Francis Nicolai covered-up more crimes than can be imagined in the 9th JD. Check out www.LeukemiaScandal.com - Nicolai and his corrupt friends in Westchester have benefited bigtime from the rat John Walter of the Leukemia and Lymphoma Society (HUNDREDS OF MILLIONS OF DOLLARS FLOW THIS SCAM SO-CALLED NON-PROFIT LOCATED IN WHITE PLAINS) Someone with handcuffs should ask Frank Nicolai what he knows about covering-up the arrest of John Walter for child molestation. Come on, "JUDGE" Nicolai, respond. You wouldn't because you're a rat also. VERY IMPORTANT, SEE:

www.LeukemiaScandal.com

Anonymous said...

I think you mean facilitated (and participated in), not covered up.

It doesn't surprise me that he continues to protect predators.

That's what he did in Westchester.

Car Lover said...

Yes, Frank Nicolai is corrupt, but he's a nice guy. Yes, he's always been interested in money, fast cars, cheap easy women and money. And everyone knew he was the bum to go to for a good old 'fix.' That's Frank. I'm in Frank's circle as it's better to on his good side than his bad side. If you like cars like Frank, here's an article for you:

Car crazy? Tuckahoe organization hosts show
Posted by: Randi Weiner - Posted in Business, Eastchester, Transportation, Tuckahoe on Sep 09, 2010. The Westchester Italian Cultural Center is hosting Westchester Concorso d’Eleganza 2010 on Sept. 19, a showcase of Italian cars that features “privately owned, rare and exotic Italian sports cars” by the names of Ferrari, Lamborghini, Maserati and Alfa Romeo. Here’s the official press release:

“The Honorable Francis A. Nicolai, Chairman of the Board of Trustees of the Westchester Italian Cultural Center, is pleased to announce the Westchester Concorso d’Eleganza 2010 on Sept. 19. “The Concorso will appeal to car aficionados, lovers of all things Italian, and those looking for a very pleasant way to spend an afternoon with the family,” said Nicolai, who invites everyone to come out for this special event. “The Westchester Concorso d’Eleganza is a celebration of Italian art, style and engineering. Visitors will be able to get up close and personal with a magnificent array of some of the most exclusive examples of Italian automobiles in the area. “Featuring privately-owned, rare and exotic Italian sports cars, notable marques include Ferrari, Lamborghini, Maserati, Alfa Romeo and more. Guests will feast on Italian food delicacies and children of all ages will enjoy special activities presented throughout the day. Westchester Concorso d’Eleganza 2010 Depot Square, Tuckahoe, NY Sunday, September 19, 2010
11:00am to 5:00pm (rain date Sunday, Oct. 3)
Suggested donation – adults $10; children 12 and under: free “The Westchester Concorso d’Eleganza 2010 promises to be an exciting and fun event for the entire family. For more information about the Westchester Concorso d’Eleganza 2010 or the Center in general, contact: Maria Masciotti, Executive Director, 914.871.7700.”

Anonymous said...

Of course Francis likes sex offenders he helped fix child custody cases in the Ninth Judicial District Second Department so sexual predators get and maintain child custody of their victims no matter what.

Still his sexual deviant behavior likes is been felt in the Ninth Judicial District by this pig who helps with the sexual exploitation of children which includes child porn, pandering of minors, familial pedophilia daddy gets custody to freely sexually abuse the child, with the help of Francis A. Nicolai...



Where are the FEDS?

Why is it that the Pro pedophilia of Nicolai been protected?

This pig needs the gas chamber for his crimes against children and mothers. Nicolai is a pro pedophilia just like the pimp of Bernadette E. Lupinetti, Esq.

Why aren't the Feds all over investigating this pair of sexual abuse on children promoters. What allegations are not enough cause we got the evidence witnesses, testimony, pictures, recordings, paper trial, and heck there are videos. What more do you want?

Nail the piece of pig excrement to the wall and make him scream like a pig.

Anonymous said...

Francis A. Nicolai has done some dirty pedophilia work in Orange County and he has his special law guardians working at full force making his pedophilia ring dream come true.

Anonymous said...

Frank is a dangerous man. Be very careful. Even the new top puppet Scheinkman kisses Frank hairy fat ass whenever demanded. Frank Nicolai belongs in prison. He has destroyed many, many lives, destroyed families and he doesn't give a rat's ass about what's right or the law.

Anonymous said...

Franki boo has a little surprise coming his way...If I was him I would find the nearest safe heaven for pedophiles and hide...

Anonymous said...

ALl of these pedophiles and pro pedophiles are been protected by the Office of Andrew Cuomo.

Look at Bernadette E. Lupinetti, Esq. selling children in child custody cases to have them sexually abuse. Fully documented with pictures, testimony of one her victims,audio, documentation, witnesses, and the confessions of another attorney of the stunts she pulls in the court. But for been friends with Andrew Cuomo she gets a get a out been investigated card. She is involved in the trafficking of minors for sexual performance a true dirty pimp with chicken legs.


I wonder how much money did the Lupinetti's donated to Andrew Cuomo and Francis Nicolai?


Francis A. Nicolai - A dirty perverted rat involved in child custody and divorce cases also for the purposes of the trafficking of minors for sexual performances.

I wonder how much did the Lupinetti' donated to the campaign of this sexual deviant freak?

I wonder how much did Nicolai is donating or has donated to the campaign of Andrew Cuomo?


The Leukemia and Lymphoma Foundation CEO and President John Walter been acussed of sexual crimes against children and case fixing. Upon information and belief Francis Nicolai helped this sexual predator get a favorable 100% divorce and helped with the kidjacking of the children from the marriage 100%.

I wonder how much baldy John Walter as president and ceo of the Leukemia and Lymphoma Foundaion donated to Andrew Cuomo and Francis Nicolai as a foundation?

I wonder how much baldy John Walter as an individual donated to Andrew Cuomo and Francis Nicolai?


Jonh Walter is it true you shaved your head not as an act of love and solidarity for children with cancer but because you got tired of implanting hair plugs because you are going totally bald?

Ok so why aren't the feds investigating the above allegations againts the following:

1. The pimp with the chicken legs in Orange County fixing child custody and divorce cases for the trafficking minors with the use of a court for sexual performances.

2. The the sexual deviant freak and official rat in Westchester County fixing child custody and divorce cases also for the trafficking of minors for sexual performances.

3. Baldy from a non-profit organization who got helped by the sexual deviant freak and official rat to get a favorable 100% divorce. And now is been accused of sexual crimes against children from the ORGANIZATION and I guess other places. These are children with cancer you piece of shit, I hope you burn in hell you sicko perverted monster. (Please see www.LeukemiaScandal.com)

FEDS CAN YOU INVESTIGATED THESE THREE STOOGES WHOSE CASES ARE BEEN HANDLE AND WERE HANDLE BY THE NINTH JUDICIAL DISTRICT SECOND DEPARTMENT. CAN YOU PLEASE IN THE NAME OF THE CHILDREN AND IN THE NAME OF GOD INVESTIGATE AND BEGIN WITH THESE THREE, LATER THEY WILL SING AND MORE WILL FALL.

EVERY FED, ICE, FBI, AGENT and COURT OFFICIAL AND PUBLIC SERVANT IN POWER WHO FAILS TO PROTECT A CHILD WILL BE JUDGED BY NONE OTHER THAN GOD FOR PARTICIPATING IN THE CRIMES OF CHILDREN BY FAILING TO DO SOMETHING TO PROTECT AND STOP THESE CRIMES.

NO PRAYER OF FORGIVENNES CAN CLEAN YOUR SINS. GOD HAVE MERCY ON YOUR SOULS AS I WOULDN'T WANT TO BE THERE WHEN YOU GET JUDGED AND GOD HANDES DOWN YOUR SENTENCES.

REMEMBER THERE ARE NO PAY OFF'S AND/OR KICKBACKS ACCEPTED AND THERE ARE NO APPEALS. YOU HAVE SENTENCES CHILDREN AND FAMILIES TO A LIFE OF PAIN AND SUFFERING, YOU WILL BE SENTENCED TO AN ETERNAL SENTENCE OF BURNING WITH NO RELIEF.

Anonymous said...

How come this story hasn't been picked up by the rest of the media?

It certainly seems precedent setting.

I wonder how John Walsh would feel about this?

And, someone should certainly get AG/candidate Cuomo's statement/position on this.

Anonymous said...

How about the Megan's Law Organization?

How would they feel that Francis A. Nicolai is a pro pedophile fixing child custody cases to grant custody to child sexual predators and protecting sexual predators?

How would they feel to find out that John Walter CEO and President of the Leukemia and Lymphoma Foundation not only got child custody of his kids with the help of a pro child sexual abuse Judge but he is also been accused of been a child molester?

Biker against Child Molesters..ummmm they can be rudeless.



tsk, tsk, tsk, Let's play...much work to do, very little time to waste..

CUOMO the Jew's block vote can only go that far.

Anonymous said...

Dangerous precedent.

Hope everybody calls in the morning to warn them.

http://www.parentsformeganslaw.org/

Contact Us at 1-(888) ASK-PFML or 1-(631)689-2672 or Email us at pfmeganslaw@aol.com

Anonymous said...

So, I guess everyone here wants to either change the constitution or let judges ignore it or you have a constitutional argument that you're keeping secret. Sounds like the judge did his job.

Anonymous said...

1:48 AM September 13 I am confused with your comment are you a pro pedophile, cause is sounds like it.

The only job Nicolai knows how to do is fix child custody cases so sexual predators get custody of their victims.

He likes to protect them maybe cause he is also a pedophile like his fellow male gender benefactors.


Nicolai is a pig from Westchester to Orange County this piece of pig excrement has destroyed the lives of children, mothers and families.

I said lets the exposure begin Nicoali helps people like Bernadette E. Lupinetti, Esq., John Walter and every other sexual predators out there just like him.


This pieces of pig's excrement have their own Forensic Experts on call and surprisingly (yeah right) most of them are jewish. Working for the court to help with the kidjacking for the purposes of trafficking minors with the use of a court of law for sexual performances.

Later I will post the name of the "Forensic Experts" been used to sexually abuse children.

Anonymous said...

Sexual predators like Nicolia and his pedophile's friends and protectors do not have constitutional rights they deserve the Gas Chamber.

Anonymous said...

Nice call Frank - How much did you get on this one buddy?

Anonymous said...

John Walter is a criminal but his high powered paid friends continue to keep him out of prison.

Anonymous said...

People should call Leukemia and demand that they return their money.

Anonymous said...

Why hasn't this guy been arrested?

What is going on?

Anonymous said...

I know from first-hand experience what it means to be a victim of the dis-Honorable Francis Nikolai. The people of the State of New York need to understand the character and record of those whom they elect as judges. Nikolai should have been tossed out years ago. DO NOT VOTE FOR THIS GUY. He will not serve anyone well.

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