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Tuesday, October 22, 2013

A little Corruption Cover-Up Leads to a Flood of Uncorrected Misconduct

The New York Daily News reports on a bizarre property rights fix by insiders, "Line drawn across home of retired cop by widow of Jets great." 

It gets better. The federal judge, the Hon. Cathy Seibel, ruled in writing on September 30, 2013, that "I was snookered" by one of the involved lawyers. But the judge left unchanged the new property line she drew through the homeowner's kitchen.


Equally bizarre is the fact that another federal judge involved in the Cullen/Deluca property dispute, the Hon. Lisa Margaret Smith, was herself found guilty by a New York State jury of punching a woman in the face.
Jury Finds SDNY Federal Magistrate Judge Guilty of Punching Woman

3 Stories follow:
  • Verdict is Battery; No Damage Award - December 11, 2008
  • Civil Trail Starts for Judge in Island Dispute - December 9, 2008
  • Judge Refuses to Award Costs in Case - March 4, 2009
Note: The Watertown Daily Times website is:
Note: Watertown, New York is located near the Canadian border, 320 miles from Manhattan
Verdict is battery; no damage award
The Watertown Daily Times by BRIAN KELLY - December 11, 2008

GRINDSTONE INCIDENT: Jury says Smith punched Purcell; plaintiff's attorney says case about 'vindication'

A state Supreme Court jury has determined that a U.S. magistrate judge punched a Jamesville woman in August 2006 on Grindstone Island, but awarded no damages to the victim. The jury deliberated for less than an hour Wednesday before reaching a verdict that Lisa Margaret Smith committed battery against Julie L. Purcell on Aug. 20, 2006. The jury subsequently pronounced Mrs. Purcell was entitled to no damages for the act. "It was never about providing damages," said Stephen W. Gebo, Watertown, Mrs. Purcell's attorney. "It was particularly a vindication that she was the victim of a battery. The jury said she was, and we're pleased with that.

Mrs. Purcell sued Ms. Smith in October 2006, claiming she was "sucker-punched" in the face at a gathering at a campfire. Mrs. Purcell was attempting to obtain more information about an incident the night before in which her two daughters and a friend had their clothes stolen and one of the girls was allegedly assaulted after skinny-dipping at Potter's Beach. Mrs. Purcell said she believed the judge's nephew might be able to identify some of the alleged assailants. Taking the witness stand Wednesday, Judge Smith, a chief U.S. magistrate judge for the U.S. District Court for the Southern District of New York, White Plains, vehemently denied she punched or kicked Mrs. Purcell.

Judge Smith testified that she was temporarily blinded by the campfire as she approached Mrs. Purcell to ask her to stop "ranting" and using "vile" language in the presence of the judge's children and other children. Because she couldn't see, she had her hand in front of her as she walked. "I took two small steps, and I came into contact with something. I touched something," Judge Smith said. She said Mrs. Purcell immediately began screaming, "She hit me," an allegation the judge denied.

"I did not touch her intentionally. I did not touch her maliciously," Judge Smith said. "I've certainly never punched anyone or hit anyone. I've never hit anyone. I don't even know how to punch someone." When asked by her attorney, Kevin E. Hulslander, why she immediately left the area while Mrs. Purcell was screaming that she had been hit, the judge said she knew it would be of no use to try to talk Mrs. Purcell about the incident. "I felt as though she had painted a target on my forehead and I knew that I was going to be in this courtroom, that she was going to sue me," Judge Smith testified. Mr. Hulslander said in his closing statement that the judge had been provoked by the "vile, nasty" language coming from Mrs. Purcell and that the judge was "standing up and taking a stand" on behalf of her children. He called Mrs. Purcell's lawsuit "revenge" for her belief she had been purposely punched, contending that Mrs. Purcell "exaggerated" the incident and her purported injuries. "Why are we here?" he asked the jurors. "Damages? Pain and suffering? This case? No. We're here because this woman here, Mrs. Purcell, wants retribution. She wants to bring a judge down."

Mr. Gebo argued in his closing statement that Judge Smith "abused her position" by identifying herself as a judge before approaching Mrs. Purcell in an attempt to "intimidate" her. "I submit to you that punching Julie as hard as she could, when she wasn't looking, was malicious," Mr. Gebo told jurors. "This is an opportunity to say the law applies to every one of us, even a United States magistrate judge." The incident at Potter's Beach that led to the confrontation between the women is the subject of a separate lawsuit pending in state Supreme Court. That suit was brought by Mr. and Mrs. Purcell on behalf of their minor daughter, Maeve E. Purcell, and by their daughter Heather E. Henderson and a third woman, Lisa M. Onderdonk, against eight Clayton-area residents who allegedly participated in the assault. Brian Kelly can be reached at BKELLY@WDT.NET.

Civil trial starts for judge in island dispute
The Watertown Daily Times by BRIAN KELLY - December 9, 2008

Testimony began Monday in state Supreme Court in the civil trial of a U.S. magistrate judge who allegedly assaulted an attorney's wife during a dispute over a skinny-dipping outing on Grindstone Island. Lisa Margaret Smith, a chief U.S. magistrate judge for the U.S. District Court for the Southern District of New York, White Plains, was sued in October 2006 by Julie L. Purcell, James-ville, who claimed the judge "sucker punched" her in the face in August 2006. Kevin E. Hulslander, Syracuse, Judge Smith's attorney, argued in his opening statement that his client was provoked by "an explosion of expletives" from Mrs. Purcell in the presence of several children, including those of Judge Smith. "There's no doubt there was contact," Mr. Hulslander said. "There may have been a slap. The intent is what's at issue." According to court documents, the two women were discussing an incident that occurred the previous night in which two of Mrs. Purcell's daughters and a third teenager had their clothes stolen while swimming nude off Potter's Beach. One of the girls was allegedly assaulted as the teenagers tried to retrieve their clothes. The next night, Mrs. Purcell was discussing the incident around a campfire, with Mrs. Purcell claiming the judge's nephew had witnessed the incident at Potter's Beach and could identify some of the alleged assailants.

Judge Smith denied the youth saw anything, prompting Mrs. Purcell to call her "a goddamned lying bitch," and asking her, "Why the cover-up?" according to Mrs. Purcell's testimony Monday. She said she heard "shuffling" coming from the area where Judge Smith was sitting and then "I was punched, full force, in the right cheek." She also claimed the judge kicked or kneed her. "She said, 'You're not going to call me a goddamned lying bitch. I'm a U.S. magistrate judge,'" Mrs. Purcell testified. Mr. Hulslander told the jury that Mrs. Purcell's outburst went beyond a single curse, stating that she directed numerous expletives at Judge Smith "around a campfire with children roasting marshmallows." "Judge Smith spoke up, said, 'I'm a judge, please don't swear in front of my children,'" Mr. Hulslander said.

He contended that the statement initiated another round of expletives from Mrs. Purcell in which Mrs. Purcell indicated her indifference to Judge Smith's position. Judge Smith was charged by state police with second-degree harassment as a result of the incident. She later was granted a six-month adjournment in contemplation of dismissal and the charge was dismissed. Mrs. Purcell's attorney, Stephen W. Gebo, Watertown, denied his client swore multiple times, portraying her to the jury in his opening statement as an upset mother trying to find out more about her daughters' attack by "a mob" of eight people. Mrs. Purcell testified that she experienced pain in her cheek and around her eye for several months, although she suffered no permanent physical effect from the alleged punch. However, she said she remains "nervous" at times in public and the family has put its Grindstone Island property up for sale "because I don't feel comfortable there." She said she also had to leave her job as a grand jury court reporter. "I couldn't do that job any longer because I would start crying when I would hear these cases," she said. Her lawsuit seeks an unspecified amount in damages for the alleged effects the punch has had on her, as well as punitive damages. Testimony in the trial is scheduled to resume this morning.

A separate lawsuit filed by the three girls who claimed they were harassed while skinny-dipping is pending. That suit was brought by Mrs. Purcell and her husband, Robert E., a Syracuse attorney, on behalf of their daughters, Maeve E. Purcell and Heather E. Henderson, and a third woman, Lisa M. Onderdonk. Brian Kelly can be reached at BKELLY@WDT.NET.

Judge refuses to award costs in case
The Watertown Daily Times by BRIAN KELLY - March 4, 2009

WINNERS LOSE: Neither side showed 'complete success,' state justice says, denying payments

A state Supreme Court judge has ruled neither the plaintiff nor the defendant should be awarded costs in a civil case in which both sides, arguably, won. Typically in a civil case, the side that prevails is entitled to recover costs incurred in the action, excluding attorneys' fees. But what happens when it cannot be said with certainty which side won or lost? Judge Joseph D. McGuire has ruled that, under these circumstances, "it would be inequitable to award costs to either party." The issue arose when a Supreme Court jury in Watertown ruled in December that Lisa Margaret Smith committed battery against Julie L. Purcell, but awarded no damages to Mrs. Purcell. Mrs. Purcell, Jamesville, had sued Ms. Smith, South Salem, in October 2006, claiming she was "sucker-punched" in the face by Ms. Smith at a gathering around a campfire on Aug. 20, 2006. Mrs. Purcell was attempting to obtain more information about an incident the night before in which her two daughters and a friend had their clothes stolen and one of the girls was allegedly assaulted after skinny-dipping off Grindstone Island. Mrs. Purcell said she believed that Ms. Smith's nephew might be able to identify some of the alleged assailants.

Ms. Smith, a chief U.S. magistrate judge for the U.S. District Court for the Southern District of New York, White Plains, vehemently denied she punched or kicked Mrs. Purcell during testimony at trial. Ms. Smith said Mrs. Purcell was "ranting" and using "vile" language around her children and other children and she asked her to stop. She testified that as she walked toward Mrs. Purcell, she was temporarily blinded by the campfire. She said because she could not see, she had her hand raised out in front of her as she neared Mrs. Purcell and that her hand "came into contact with something," which Mrs. Purcell and others testified was Mrs. Purcell's face.

A jury deliberated about 35 minutes before determining that Ms. Smith had committed battery, but awarded no monetary damage to Mrs. Purcell because she had not demonstrated that any pain or suffering resulted from the act. Ms. Smith, contending damages were an essential element of battery and their absence meant she won the case, filed a judgment Jan. 9 at the Jefferson County clerk's office against Mrs. Purcell for $1,095, representing her costs and disbursements in defending the case. The costs do not include attorneys' fees. According to an affidavit filed Monday at the clerk's office by her attorney, Kevin E. Hulsander, Syracuse, Ms. Smith "had to pay our firm tens of thousands of dollars to defend the case." Mrs. Purcell countered that she, not Ms. Smith, won the case and argued that she was the one entitled to costs because the jury had found that Ms. Smith committed battery. Mrs. Purcell applied to the court for an order vacating Ms. Smith's judgment.

Judge McGuire ruled that an award of zero damages did not entitle Ms. Smith to costs or disbursements "when there has been a companion finding in (Mrs. Purcell's) favor arising out of the same facts." "In this case, both parties were successfully asserting their rights, although it cannot be said that there was complete success by either," Judge McGuire wrote in his decision. He granted Mrs. Purcell's motion to vacate Ms. Smith's judgment awarding her costs, but also denied a motion by Mrs. Purcell to have costs awarded in her favor. Judge McGuire's decision on the matter has been accepted for publication with the state Law Reporting Bureau, which serves as a legal reference for jurists and attorneys facing similar cases. The decision was posted on the bureau's Web site Monday. Brian Kelly can be reached at BKELLY@WDT.NET.


Anonymous said...

Someone needs to investigate that judge !

Anonymous said...

The FBI does NOT investigate Judges.

Anonymous said...

The Painfully Obvious New York “Plantation” Form of Government and Corruption in the Courts

The New York State Office of Court Administration (“OCA”) is essentially run, as Hillary Clinton once said, as a “Plantation” with Chief Judge Jonathan Lippman as its Jewish-White Plantation Owner, and tens of thousands of African-American black and Bridge and Tunnel white-trash slaves working as “Law Clerks” or “Staff” in varying capacities from the top-most (Judges or Magistrates) all the way to the lowest levels (Janitors and Filing Clerks).

Each one of these African-American or White-Trash slaves know exactly how to rise on this Plantation, which is by doing things and acting in ways (even unethical or illegal) that please the Plantation Owner, Chief Judge Jonathan Lippman, his boss Mayor Michael Bloomberg, Attorney General Eric Schneidermann, or their Overlord-Boss, Governor Andrew Cuomo (all these men are Jewish by the way).

This means that all “Sub-Plantations” under Chief Judge Jonathan Lippman which consist of the Civil Court, Supreme Court, Family Court, Criminal Court, and Small Claims Court, and all the spaces in between, such as the Departmental Disciplinary Committee, the NYCLA Fee Dispute Committee, and the Appellate Courts, are literally used as torture chambers and petri dishes to “mete out justice” to any of Michael Bloomberg’s or Jonathan Lippman’s or Eric Schneidermann’s or Andrew Cuomo’s enemies (all these men are Jewish by the way), or the enemies of those people that have either paid off, or funded, or financed, or are close to, or are friendly with, Michael Bloomberg or Jonathan Lippman or Eric Schneidermann or Andrew Cuomo (all these men are Jewish by the way).

Justice, or who is right on the law, or the law itself, is completely and totally meaningless on this Plantation - if you are not in the right “club” or paying off the right people, you will LOSE in Court every single time, you will be nailed to the wall by the Departmental Disciplinary Committees or the Fee Dispute Committees, your children will be stolen from you in the Family Courts and sold as sex slaves, your freedom will be taken from you in the Criminal Courts and you will be jailed and ass-fucked and stabbed in the shower, your business will be bankrupted and destroyed in the Small Claims, Civil and Supreme Courts, and you reputation and livelihood will be destroyed in the other arenas by the slaves/servants/house-niggers of the OCA Plantation.

This is how it was, this is how it is, and this is how it will always be, because no one in New York State either gives a shit, or knows that it is run this way. And if you complain about it, or report it to the authorities, you will be retaliated against, punished, whipped, destroyed, ruined, bankrupted, murdered, harassed, attacked, audited, jailed, humiliated, feminized, emasculated, threatened, isolated, tortured, and smeared until there is nothing left of you, your life, your family, your career, your finances, or your existence. And the New York Federal Bureau of Investigation (“FBI”) will be the chief enforcement agency in charge of doing all of this to you. Because while you stupidly and foolishly think that the FBI exists to protect and serve you from the civil and human rights and corruption abuses that the OCA Plantation regularly hands out like bolts of lightening to its victims, the FBI is in fact merely making a list, and checking it twice, gonna find out who’s naughty and nice, and then helping the above Jewish Plantation Owners to absolutely and totally fucking destroy you.

Welcome to New York - there is no Justice motherfuckers.

Anonymous said...

They are supposed to....that is their job! They are LIARS if they claim it is not.....

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
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