Smiling Faces Sometimes

Thursday, April 18, 2013

While Out on Bail

Upon Yolanda Jauregui's arrest on May 20, 2009, she made bail and was released. On May 21, 2009. Her lover Alejandro (Barraza-Castro), his brother Lorenzo, and Yolanda's father were arrested when 53 kilograms of cocaine were delivered to 710 Summer Avenue. Paul Bergrin remained detained from the 20th of May 2009, to date.

Upon Yolanda Jauregui's release and subsequent to Alejandro's arrest, Abdul Williams surrendered to federal authorities and was incarcerated at the Hudson Cty Jail in Kearney, NJ with Alejandro, his brother Lorenzo and Yolanda's father. Yolanda visited Alejandro at the facility. The transaction was arranged on the telephone according to Yolanda. It had to be between the time frame of May 2009 to November 2009, when Yolanda was rearrested after she sold a kilo of cocaine to Maria Corriera.

The defense specifically asked for the recording of the transaction but it was never provided. Yolanda Jauregui informed the FBI that the transaction occurred and never equivocated. She described it in methodical detail of the arrangements and how Abdul Williams's cousin met with her and Castro's brother Pelon and the 7 kilos were placed in the trunk of the cousin's car. There is no way anyone could have copiously described the event without it occurring.

The defense never received the recording and Bergrin pleaded with his investigator to get it. Their position was that Abdul Williams used other peoples PIN numbers to make calls and made hundreds of calls from the jail during this time frame and they did not have the time to review. Williams denied the transaction to the government, denied that he ever gave Yolanda money when they met when she was out on bail and before he surrendered, and denied an intimate relationship with her. Bergrin found out from Yolanda Jauregui's daughter Ashley that Yolanda was sexually involved with Abdul Williams also.

What is of most importance is that Yolanda vehemently denied ever engaging in drug transactions with Paul Bergrin and that Abdul Williams worked for them as a courier and delivered drugs for Bergrin or her to customers and was paid a fee based upon that as Williams claimed. That is why they never called her as she would have disputed the testimony of Abdul Williams, Rondre Kelly, and Eugene Braswell. If Paul Bergrin had called her as a defense witness, she would have invoked the Fifth Amendment.

Paul Bergrin begged on multiple occasions to voluntarily take a polygraph or to have their witnesses be given one and the government refused.

You are going to see a nauseating pattern in this case if you have not already. The cooperating witness who knows that Bergrin is innocent, that the government presented false and perjured testimony, and was told by Yolanda that both Bergrin had no drug dealings with Castro and her, and that Bergrin was aware Oscar was an informant is Maria Corriera.

Maria Corriera sent SA Shawn Brokos an email stating that Paul Bergrin knew that Oscar was an informant. However, because Maria Corriera embezzled $22K of FBI funds, solicited Albert Castro to falsely testify against Bergrin in the first trial, and had open bank credit card and other fraud cases, she would have also invoked her Fifth Amendment right against self-incrimination.

Paul Bergrin was shit out of luck. The government kept all the cases open of potential witnesses who
would have exculpated him so he could not use them as defense witnesses. Even witnesses whom they knew would never be called such as Alejandro Castro, Alonzo Castro, Jose Jimenez, Yolanda Jauregui, Ramon Jimenez (Yolanda's brother), and all of the people that were allegedly at the Anthony Young / Paul Bergrin street meeting whom they never charged, and so many others like Corriera.

In short, the government AUSAs are definitely aware that they presented a false case to the jury and Judge Cavanaugh. Does that matter? It certainly should and it would, if the goal of this prosecution ever involved truth and justuce. 

25 comments:

Aziz Bashir said...

That's what i was alluding to in one post i made a month ago about the federal system has a 99.9% conviction rate in most states. And that's based on the bs they are allowed to do, they have their flawed conspiracy law,can and will come after family members that has absolutely nothing to do with the case ect. If you know they system and i have no doubt you do, you know how it goes. Mr paul bergrin in my opinion would have been that one percent out of that conviction rate that would have won trial have he been given a (FAIR TRIAL).

Vicky Gallas said...

A quote from a PBS Frontline interview with Albert Alschuler, a professor of law and criminology at the University of Chicago on the show, "The Plea"... The question was:

What about truth? And justice?

"Well, it's a system that's designed to keep the truth from coming out. We don't care enough in the American criminal justice system to listen to the defendant's story. We do everything possible to avoid having an impartial party sit there and hear both sides and decide who's telling the truth."

http://www.pbs.org/wgbh/pages/frontline/shows/plea/interviews/alschuler.html

That, Aziz, is why the feds have a 99% conviction rate. I also believe that the voir dire process and the original selection of the jury pool contributed to Bergrin being found guilty by the jury. Did you know that there was one woman in the jury pool that stated she'd never believe a criminal informant? The government excused her quickly.

Consider this... I have never been convicted of anything with the exception of a minor traffic infraction (speeding), yet I have never received a jury duty notice in the mail or been on a jury. Not that I would have been selected anyway, but I have never received notice for jury duty to get to that point, which is my point. There is some selection process in place that eliminates a person like me or you. Perhaps I assume too much - Have you ever received a jury duty notice in the mail?

I leave you with another quote from Alschuler. The question is:

Why do people think our justice system is the best in the world?

"...I've sometimes wondered if our justice system isn't close to the worst criminal justice system in the world. It's probably not as bad as the systems where they cut off hands for minor offenses, but, I don't know, maybe it's about on a par with the systems where judges take bribes. I think the systems where judges take bribes are less expensive and may result in justice just about as often."

Aziz Bashir said...

Actually two jurors were pulled i believe for the same reason they had issues with the credibility of these type of individuals. And they even stated that they will consider their testimony in high regards, they got pulled anyway. I Use to get those noticed and never was picked i say use to because i guess of the marijuana charge i received, nothing heavy some bags but its behind me and i moved on most don't want to here the defendant side of the story and it just part of the system that's more likely here to stay.

Aziz Bashir said...

And i understand since i been following your blog (last year) that your a up standing citizen and have understanding of the system that's why i say you know, just from following you. And i want to before the day is over with send my condolences to any victims and family members in Boston.

Vicky Gallas said...

@Aziz

I am sorry to hear that they screwed-up your record over weed. Ridiculous! Ah, but I did not grow-up in a place where weed was criminal. It (weed or hashish) certainly was not legal in Germany, but they did not have a Drug War there either and then I used to drive or take the train to Amsterdam every other weekend anyway.

Do you know what I wanted as a profession when I was in my teenage and young adult years? Of course you don't... anyway, my desire in life was to be the house dealer at the Melkweg (Milkyway), a club in Amsterdam. I'm sure it has changed some as a venue, but back in my day it was a really cool place with a moat around it and when it was filled, they pulled-up the drawbridge. A person could stand in line at a bar downstairs and purchase various types of weed and hashish by the gram, like you would say --- 'I'd like 10 grams of Afghani black, 10 grams of Turkish green etc... as if ordering at McDonald's.

Amsterdam was fun and it was also dangerous back then. I could tell you stories... This is the Melkweg today:

http://www.melkweg.nl/

And then sometimes we would tour the cafes, eating spacecake and ?

So I think I am no more "upstanding" than you - I just lived in a more free and more tolerant society. Every time I came to the US I had problems, so I did so rarely. Once I moved here, I could not return to live - I had a child and custody issues would have ensued.

At any rate, I'm sure I am tagged in the system and that is why I do not receive jury duty notices. What other excuse could there be? Most people I know have had jury duty numerous times. They do not want people like me and now not like you. Most jurors are from lilly-white backgrounds - most that is.

I too am sorry for the poor victims and family members in Boston. They were innocent as a group, but then innocent people die every day in nations that we invade and occupy. We will probably never hear 'why' (why Boston, why the marathon finish line, why at all) this was done and I can only believe that it was related to US foreign policy issues somewhere.

Aziz Bashir said...

Sounds like a place that i would love to visit, i've seen those documentary on you know ID discovery, and channels alike about Amsterdam,London ect. They are protected by law in those places. to bad for us were charged criminally here for such petty offenses as you stated before. And this country does a lot of red flagging they have history of it.

Vicky Gallas said...

@Aziz

Oh yes, it was always legal in Amsterdam. Sadly, they have recently tightened laws there and limit licenses for cafes and clubs to sell. They were getting so many tourists only there for this (marijuana tourism). With the open borders in the EU today everything has changed. Still, they have no concern at all in comparison to here and there are no mandatory minimums. Hopefully in the not-so-distant future there will be marijuana tourism in Colorado - they welcome it according to an article I read recently.

And then when I say that it was dangerous there (in Amsterdam) in past, it was nothing in comparison to anywhere I've lived in the US.

Vicky Gallas said...

Oh and visit you say? No, you'd never want to return to the US...

Aziz Bashir said...

I can believe that ,i probably wouldn't come back hearing these things it sounds like never come back.

Aziz Bashir said...

And you made a couple of post in the past one just blame paul bergrin and i believe the pozo plot, and after reading pozo testimony i see why. he had lies like all that gave false testimony even stated he met some unknown black women that mr bergrin sent him to for fake identification, no proof what so ever just his word. And if i say (IF) mr bergrin was guilty you would believe he has caught on by this time. At some point at least all premeditated.

Vicky Gallas said...

Ever since I moved to the US, life has gotten in the way of leaving. What a series of events!

Vicky Gallas said...

Yes, the Pozo plot stuff was crazy. Crazier yet that agents / AUSAs claimed to believe that dude. Either the lot of them are really f'ing stupid, or they're full of crap. I vote for full of crap.

Vicky Gallas said...

@Aziz

Someone shared an article with me yesterday...

http://www.innocenceproject.org/Content/Michael_Mortons_Prosecutor_Will_Face_Criminal_Charges_for_Withholding_Evidence.php

While that particular case involves DNA, the issues that resulted in the judge holding this prosecutor accountable did not.

These people need to be held accountable for their actions; I'm sure they will be one day.

Anonymous said...

Vicky great job following the case. Is Paul's war crime case the same one the Boston bombing was covering up when it was initially published in the NY times front page with the tiny article mentioning Obam, Bush and others we indicted? -R in NJ

Vicky Gallas said...

Paul represented Javal Davis in the Abu Ghraib case. Davis was supposed to testify for the defense in this trial, but disappeared.

Paul was also representing Corey Clagett in the Operation Iron Triangle case when he was arrested in NY. The result was that Clagett had no choice except to plead guilty - this is the case I think you are referring to wherein Paul Bergrin had stated his intention to subpoena Bush, Cheney, Rumsfeld and other military officers. Clagett was left with an attorney that really did not help him at all and advised him to plead. I think he was sentenced to 18 years, but his website states life.

On Clagett's website, which I think is operated by his mother, it states:

"When Corey was charged, we were able to get a civilian lawyer to represent him free of charge, only to have him abandon Corey just days before trial. Represented by an inexperienced JAG lawyer, Prosecutors threatened Corey with the death penalty. He agreed to plead guilty in exchange for a life sentence."

http://www.coreyclagett.com/

That civilian lawyer was Bergrin - a former JAG. And he only "abandoned" Clagett because he was arrested in NY.

One of the Operation Iron Triangle case defendant's mother mailed me a couple of books that I would truly recommend anyone read:

http://www.amazon.com/Good-Soldier-Trial-Sociological-Misconduct/dp/0875867413/

http://www.amazon.com/Engagement-Anatomy-American-Operation-Triangle/dp/0875866727/

Both books were enlightening for me. I intended to review them on Amazon or Goodreads, but have not yet.

Anonymous said...

Vicky. Was the rule 29 motion filed today?

Vicky Gallas said...

Your guess is as good as mine. You happened to catch me just leaving PACER and I will tell you this:

No documents whatsoever have been filed on this case since prior to the verdicts with the exception of Judge Cavanaugh's order sending Bergrin back to Brooklyn MDC and an order allowing him to have contact with someone named Geraldine (I think she is an attorney) that was previously listed as "no contact allowed".

Even the verdicts were never filed. We would not know that the jury found Bergrin guilty on all counts except for the newspaper articles. I did not receive the trial transcripts until March 25th and read it for myself in the last volume (volume 37). Realize that those transcripts are not available to the general public in PACER and the only other way to get them was to walk into the courthouse and view them or purchase from the court recorder. Obviously an attorney gave them to me or we would not be looking at them at all. lol

There has been no notice of appeal, no rule 29 motion, no anything at all filed in reference to this case anywhere since prior to the verdicts.

I had no contact with Bergrin for close to 2 years because I felt that he needed to prepare for this trial. The only reason that I emailed him a few days before the verdicts was because something transpired - I cannot descibe what specifically happened at this point. So then Bergrin was moved to Essex County jail immediately after the verdicts and again we had no more contact. The day after he returned to Brooklyn, I heard from him and there have been several emails exchanged since. I have asked him (why why and why) about there being no verdicts and no docs filed twice now and while he's answered everything else I have ever asked him, no response on *that*. Twice is my limit and I won't be asking again; however, I am expecting a package from him tomorrow - perhaps my question will be answered.

Is the clerk holding back from filing documents or have none been filed by either party or are they all now secret and sealed with no entry? I have no clue.

Anonymous said...

Yeah. It seems very mind boggling.. I hope he's holding up well with the circumstances. Hopefully his appeal goes swiftly and successfully.

Anonymous said...

Hi Vicky, as I read this post..I really disgusted with this Yolanda but wondering why she was not called..so frustrating that her testmony was not allowed at this trial...clearly if it was the verdict would have been different...did u receive the package? any new updates..thanks again for all of your updates!

Vicky Gallas said...

Update: The judge gave Paul an additional two weeks to file the rule 29 and 33 motions because Mr. Lustberg is busy with a trial.

So it was 45 days and now 2 more weeks on the motions and we can expect to see something in the near future.

No package yet, but I hear it has some extremely helpful information anyway.

Anonymous said...

I'd really like to research the procedure for filing records. Hopefully they decided not to file because the Judge knows he needs to grant a new FAIR trial.

Vicky Gallas said...

Well, in this specific situation there may be nothing to file. Mr. Lustberg is busy with a trial elsewhere and the judge gave Paul an extra 15 days beyond the 45 days he originally allowed. However, there have been documents not filed in this case in past. Even the missing February 12 trial minutes bothered me and then when I received the transcripts, I couldn't miss the fact that Feb. 12 was omitted. I was grateful to get them, so I didn't even ask... but that doesn't mean I do not want to know. ;)

There is a certification that should have been filed long ago too. Trust me - no reason for it to be in-camera. For one thing, the defense did not name the witnesses in it anyway, except to say CW-1, CW-2, CW-3 etc... and I can guarantee that the defense did not file it in-camera. The government and the judge wanted it buried, apparently. I can also guarantee that it'll all come out in the wash.

Yeah... I'll hold my breath on this judge granting a new trial on any counts. Remember - he's the one that made it unfair for the most part. lol

Vicky Gallas said...

While I'm here, I'll mention another issue...

Numerous government witnesses that were drug traffickers were actually angry with Paul Bergrin for not taking their cases because he was too busy in Iraq helping US soldiers. WTF? How did the jury not catch that? It's all in the transcripts...

Anonymous said...

Vicky,

Any word on whether the motions were submitted?

Vicky Gallas said...

It was filed yesterday (Omnibus Motion), but was not available in PACER until this AM. A link:

http://www.accusedmadam.com/wp-content/uploads/Bergrin-Omnibus-Motion-16-May-2013.pdf