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I am going to be discontinuing my participation in this blog in the next week or so. If you want someone to blame, blame 1) non-lawyers; 2) furries; and 3) the victims rights/tort reform industry.
Posted by S. COTUS on December 10, 2008 at 04:15 PM | Permalink
December 11, 2008 at 01:15 PM
Hate to see you go.
December 12, 2008 at 09:59 AM
Things today are not as they should be in New York's Appellate Division.
I am an advocate currently fighting to uphold the principles of due process in a most disturbing case concerning the rape, battery and near killing of a mother of one left permanently disabled with a broken neck.
Barbara Bracci was a long-serving and respected New York State corrections officer who claimed she was brutally attacked by her work supervisor, Captain William E. Peek. Bracci made tape recordings she claimed were of her remorseful attacker confessing to his crimes. She alleged the NY State Dept. of Corrections (DOC) took the tapes from her then conspired with a crooked judge to illegally withhold them from a New York court.
The case first appeared before the New York Division of Human Rights (SDHR) in 2007. Bracci wanted her original tapes played in open court. DOC defied court orders and refused to give the tapes back to her. Instead the state defense counsel gave them instead, to the presiding administrative law judge (ALJ) who inexplicably refused to let them be heard.
In a stunning piece of injustice the ALJ then took the tapes behind closed doors and weighed them secretly (ex parte, in camera) despite Bracci’s protests. Thereupon the ALJ ruled the tapes ‘unreliable’ and the case was dismissed. A perplexed Bracci protested and the matter went before the Appellate Division, Third Department earlier this year as an Article 78 special proceeding. Inexplicably, the tapes somehow became 'lost' and a tongue-tied (In)Human Rights declined to explain their actions in the higher court. So with Bracci having proof her tapes were now destroyed and with the opposing party declining to defend themselves, she duly filed for summary judgment.
However, out of left field the Appellate justices made the Article 78 special proceeding ‘disappear’ and simply upheld the lower court’s judgment dismissing Bracci’s claim on May 14, 2009.
Thus a New York higher court had not only condoned the secret weighing of evidence and then its destruction, it had unlawfully removed Bracci's status as a litigant in an Article 78 special proceeding.
Even a layperson looking at the court’s website under ‘Bracci-v-State Division of Human Rights’ (Case no: 506150) can see that nowhere does the term, ‘Article 78’ even appear. http://decisions.courts.state.ny.us/ad3/Decisions/2009/506150.pdf
Thus this raped, abused and permanently scarred woman was outrageously cheated of her most basic rights to due process. Now Bracci is filing with the Court of Appeals. We shall soon see if the very highest court in New York dares be as corrupt.
You see, I’m British and I grew up with a worldview of America as an honorable civilization. Like most people in the English-speaking world I was greatly influenced by Hollywood movies. I confess I have now learned that real 'American Justice' is quite different from what I saw in films. It appears your country has forgotten the Sixth and Fourteenth Amendments, the Bill of Rights and the Constitution. Law is practiced very differently today and ‘American Justice’ is a fiction told in Hollywood.
John O'Sullivan |
July 31, 2009 at 04:48 PM
hi john--i somehow found my way here--i and my two daughters are also victims of new york state and its extreme lies of policemen, attorneys failure to represent, violations of constitutional,civil and human rights--errors of law by a judge who verbally abused and threatened me--i have multiple docs of evidence of police and attorney misconduct--we have lived a nightmare--i have no faithe in the justice system of the state of ny or the usa at this time--even the supposed dept of the integrity has ignored us--based upon the fact that i was married to amillionare and never knew it--i was and my children were abused and are still being abused--we cant afford representation--a great attorney could sue ny state-who has exercised jurisdiction after i provided proof of legal action pending in two other states -ok who had declared my husband a legal by order of court non military resident us as legal residents of az---i am simply blown away--as i know this is not legal--i was forced under threat of enjailment--to sign documents and admit to wrongful confessions of contempt--i also have voice recordings from legal aid attorneys stating they were not going to represent me and the other party could do anything-well he did--and the ones to suffer are children who are not allowed child support and other injustices--many say we are f-----, but i will continue to fight alone somewhere someone may listen and help end this act of injustice--by a man ,who is allowed to even misrepresent himself as a high ranking member of the us military--and IS NOT !!! but, is a pornographer who at nearly age 30 did impregnate a teenage girl--funny--he never filed a legal action against me until i had filed for child support,obtained oop,and was nearly complete with my divorce pro se--he never filed for visitation--nothing--claiming after 5 years he "couldnt find us" yet ny state by its threatening me with enjailment and forcefully taking my children to ny state--forced me to their wrongful jurisdiction--i would have found a way to go to the end of the earth for my children--never waiting 5 years--have by their threats avoided our right to a trial whereby i had 12 witnesses waiting to testify to the lies and fraud committed by this individual. i am currently trying to obtain help thru the us senate--i remember this case--ny state will go to any length to lie --even sell a forum it absolutley knows is forum noninconvenience--ny taxpayers dont seem to mind... thx and my irish heritage will not allow me to give up--sure would be great if someone else would take over --i am tired after6 years of being my own attorny and the level of frustration when i know what has been done to us is an outrageous misuse of people in positions of power--the higher court is whom they will have to appeal their case to
mary petruno |
September 15, 2009 at 09:14 AM
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October 20, 2009 at 06:45 PM
very interesting post and comments by every one, happy to read these all
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October 06, 2011 at 02:25 AM
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January 23, 2012 at 02:08 AM
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