Smiling Faces Sometimes

Wednesday, March 20, 2013

Unconstitutional Actions

Take a guess where Paul Bergrin is. I will tell you where he isn't first: He isn't in the same cell he's been in at MDC Brooklyn for the last four years. If you do a search on the BOP website "inmate locator" it tells you that Bergrin's status is RELEASED as of the 18th of March, but don't think he has actually been released.

Some vindictive party in the US Attorney's Office in Newark had Paul Bergrin sent to the Essex County jail and put on suicide watch and in protective custody. He is in solitary confinement. His legal papers and other belongings stayed at MDC Brooklyn. It was court-ordered, but Judge Cavanaugh did NOT order it. Paul Bergrin is also not in any way suicidal and just wants to be reunited with his papers so he can get the appeals show on the road.

Additionally, separating Paul Bergrin from his legal papers is in fact a violation of his right to counsel. This has now become a constitutional violation (Sixth Amendment to the US Constitution). Remember - Paul Bergrin is his own counsel.

So who is the asshat in the US Attorney's Office in Newark? Well, any one of the AUSAs could have initiated the action, but Paul Fishman had to know about it. Fishman was all over Paul Bergrin from the minute the verdicts were announced. Realize that Bergrin used to work in that same US Attorney's Office, until he testified on behalf of a friend, and then he was ignored until he left. He has been despised for his testimony ever since.

Imagine the level of vindictiveness it took to put him in solitary. I do not understand how the Court has allowed this to happen. He has been in general population for 4 years and clearly poses no security threat. It's also clear to anyone that has spoken to Paul that he certainly is not suicidal. So is this something they make-up when they really want to screw a person and prevent him from working on his necessary legal paperwork?

He has NOT even been convicted. Yet they are punishing him before sentencing to gloat and exact revenge. The court has just let the venomous reich have a free for all with a man who just (for now) lost the battle of his life while the government pays Anthony Young's commissary tab every month. How warped is that?

If you look-up Paul Bergrin in Essex County Corrections, you will see that the Detainer Information states that it was issued by NJUSM0100. Some knowledgeable person could define that.

I also know that there is a sentencing and time served issue involved. Sentencing law is extremely complicated and a specialty area, though I have attempted to interpret BOP's time calculation guidelines in past. I do recall that not all time served is necessarily time served the way it is calculated and it depends, among other issues, on what type of facility an inmate was held in.

More tricks and abusive games from the champion tricksters at the Newark US Attorney's Office, indeed. However, in this situation, the actions are unconstitutional.


UPDATE on 20 March 2013 @7:45pm: I am adding a link to the letter composed by Paul Bergrin's standby counsel Mr. Lustberg in reference to the current situation. Bergrin is still in the Essex County jail with no access to his legal notes and papers:

Bergrin Trial Defense Letter 20 March 2013
 

10 comments:

paul said...

Won't Larry Lustberg post the notice of appeal? Also maybe time for cja lawyer.

Vicky Gallas said...

1. Larry is Paul Bergrin's standby counsel. Paul is representing himself.

2. Paul has every right to represent himself.

3. This was not a discussion about a Notice of Appeal. The reference was to appeal briefs - huge flippin' difference.

4. I do know the story of why Bergrin represents himself in this case, but I am not at liberty to say.

5. If that is all you got out of this post, GTFO.

What part of solitary confinement, suicide watch, and protective custody do you not comprehend?

WTF.

Anonymous said...

FREE PAUL BERGRIN, ENOUGH IS ENOUGH!

I PRAY AND HOPE THOSE LAW SLANDERERS OF THE LAW, AND JURORS KNOW WHAT THEY HAVE DONE... I HOPE NONE OF THEM HAVE SLEEP AT NIGHT THIS WAS TRULY INJUSTICE. SHAME ON ALL OF YOU..

Anonymous said...


TEAM B ALL THE WAY!!!!
NO MORE MOTIONS, NO MORE TRIALS!!!

FREE PAUL BERGRIN, FREE PAUL BERGRIN, FREE PAUL BERGRIN!!!

Anonymous said...

Paul represents himself and just because they moved him to a different facility where he doesn't have his worthless notes doesn't mean there is a constitutional violation "right to counsel". Please inform me what precedent you are referring to where an inmate who was recently found GUILTY and who now doesn't have his trial notes results in a constitutional violation. Quite frankly your arguments and ignorance astound me.

1 out of 10 appeals are reversed. Do you really think Paul's appeal argument that (jurors didn't analyze the counts separately will do anything?! OR the counts should have been severed?!) Every convicted person would make that same stupid argument and get off. You need to face reality.

AND at the end of the day, you know what...a judge can look at an appeal (even if paul is right with certain issues) and still say FU*K YOU. Paul will make a ton of frivolous appeals and a judge will look at them for 10 mins and say "thanks but NO thanks".

Not to mention FEDERAL JUDGES hardly ever get overturned. Oh and I forgot Paul was found GUILTY on 23 COUNTS! This wasn't a case where it was 1 guilty count and 22 not guilty counts and there might be a valid appeal issue for the 1 guilty count.

Get your head out of your A**!

Anonymous said...

I don't understand why this unjust is going on. First they put him in solitary confinement when he's first indicted. I'm assuming they did that assuming he would break or something but the man obviously didn't break because he's done nothing wrong. I wonder if any of the co-defendants were put in the same conditions.

Secondly, how common is someone put on suicide watch after a guilty verdict?

Third, I'm just completely mind boggled how the jury reached a verdict in less than 2 full sessions. With everything in evidence and all the counts it should have taken at least a week to examine everything. It takes at least 2 days to elect a foreperson. Your supposed to be innocent until proven guilty not guilty until you prove yourself innocent.

Fourth, I'm sick to my stomach how such an injustice can occur because this can happen to anybody. Bergrin deserves another trial if not an immediate acqutiall for insufficient evidence like a Judge Martini said. Judge Cavanaugh was beyond pro-prosecuterial.

If Paul Bergrin had come off with an acquittal the government would of found a way to break the constitution and try him again. Seems to be what they are good at.

Anonymous said...

Sorry for such a long post I'm just disgusted as an American of this unjust verdict. Like come on the juror said because of his pattern? What pattern if he didn't do anything wrong in the Kemo count. The jury was beyond gullible if they believed convicted criminals. But thanks to that jury all of these criminals will be back on the street committing the same crimes. Will the US Attorneys office be liable for their actions once released? Because ultimately they guaranteed them their release correct?

Vicky Gallas said...

Well, I do know for fact that Thomas Moran was threatened with the death penalty and given 10 minutes to decide if he would be a witness for the government. Yes, I believe that Moran was in protective custody before getting a bond, but for solid reasons. The rest of them may have also been in protective custody for a while, but only to further the government's claim that Paul kills witnesses (lol - really - if you know Paul it is a laughable claim).

I think suicide watch after a guilty verdicts is rare. Consider Jeane Palfrey (accused DC Madam) - she was free as a bird after the verdicts. She only committed suicide over the money and as she was not convicted (process left unfinished) her mother and sister got it back. Paul has no money. Paul is far from sucicidal.

Totally agree. I would think that it would take at least a few hours of discussion for each count. Seriously hard to believe they all agreed and so quickly. I believe that many had their minds made-up when they were chosen for jury duty as a result of reading denigrating statements about Paul online - the New York Magazine article comes to mind. That's one main reason this blog exists - to counter BS in mainstream news with actual first source (documents and transcripts) material. Sure, I have a bias in favor of Paul, but the title of the blog tells you that much; it is not a hidden agenda.

The jury asked for the Anthony Young transcript, so I assumed that they were looking closely at his testimony - obviously not. Why did they want it? I do not get it.

A fair judge would acquit Paul Bergrin on all counts. We shall see if Judge Cavanaugh is fair. It has certainly happened - the Nino (Antonio) Lyons case in the Middle District of Florida. The judge (U.S. District Judge Gregory Presnell) eventually declared Lyons innocent! Read about it here - the court scenarios are same as this case:

http://usatoday30.usatoday.com/news/washington/judicial/2010-09-22-federal-prosecutors-reform_N.htm

I believe that Bergrin and his standby counsel NEED to research the Lyons case. I may myself, but my PACER bill is already a killer from downloading all of these docs and the bill will be due May 1 - we will definitely be on a diet here during May.

I hope that you read the article about the Lyons case - it's enlightening to say the least.

Vicky Gallas said...

Yeah - I called the jurors stupid, but in this sense, it's defined as gullible, naive, no street smarts at all, blind to criminal acts of government representatives etc...

Several made deals that already put them back on the street, like Lachoy Walker, Richard Pozo. Others have deals that depend on their successful testimony. So yes, now many more get out of jail care of Paul Bergrin. In the end it is up to prosecutors and the judge on their specific cases, whether state or federal. Most often the ones that do not have prearranged deals get time served after a successful prosecution, with their substantial assistance, and this was a major success for each of the criminal informant witnesses.

So yeah, you can expect that most, if not all, of them will be back on the street soon if they're not already. Liability for their actions? ROFLMAO because the government will lie and never admit a damn thing no matter what happens to anyone in the future. Look what they did to Kemo - refused to protect him, he was shot dead, and the government managed to blame it all on Paul Bergrin.

Anonymous said...

Yeah completely absurd. I just hope he's released from ECC tomorrow and returned to MDC BROOKLYN. He needs to get the ball rolling on his appeal. I wonder what Judge Cavaungah has to say about the deliberations and the verdict. I also doubt he will do the right thing because like we all notice there is a lot of politics in this case.