Smiling Faces Sometimes

Monday, July 15, 2013

False and Misleading Evidence

A supplement to the defense letter dated 3 July, 2013, was filed on behalf of Paul Bergrin this morning. This is the first document in this case that was not filed by Bergrin's stand-by counsel Mr. Lustberg, and the reason for this is that time is of the essence. Paul Bergrin was found guilty on all counts by a jury deceived by the government; however, he has not been convicted.

An excerpt from the supplemental brief:

It is a sad day for our criminal justice system when the government pathetically and desperately submits a recantation letter such as the one of 3 July, and a letter with the contents contained in the one of 10 July; knowing they contain misleading, atrocious and blatant inaccuracies. Their misguided reliance on the December 4, date as the date of the meeting, proves they wrongfully pursued Bergrin and should not have relied on Young; a witness proven to be unbelievable. It further establishes that their underlying theory of the case and the fact pertaining to an alleged meeting on December 4, was absurd and misguided.

Read the entire brief here:




Note that I have uploaded the brief to a new website that is not yet complete. When the site is finished soon, I will introduce it here.

10 comments:

Anonymous said...

Is the sentencing delayed during appeals or will sentencing still take place?

Vicky Gallas said...

Sentencing was originally set for July, but had to be delayed until August because of something - don't recall at the moment. So Paul Bergrin will be sentenced in August. We really do not expect any relief from Judge Cavanaugh and much of what is currently being filed is to preserve the issues for appeal. Sure, it addresses Judge Cavanaugh, but have you read the trial transcripts?

It would be nice if this judge took a close look and acted accordingly, but due to his demeanor during the trial, I don't expect much from him. I hope I'm wrong.

Charles Pennington said...

http://whitecollarcrime.ru/novosti/bergrin-guilty.html

Paul has made the Russian Press

Vicky Gallas said...

Yes, my Google alerts went off on that article after the verdicts. Lots of visitors from Russia to this blog throughout the trial and even today.

Vicky Gallas said...

Deleting the weird Dalnoky stuff. The sentencing date is August 12th.

Anonymous said...

I can't believe he was denied an appeal. That is just ridiculous. There's really no hope left.

Vicky Gallas said...

Well, you are way off base. These are sometimes referred to as appeals, but really they're just post-trial motions for relief from the District Court. There will be an actual appeal filed after sentencing. We expected no relief from Judge Cavanaugh - look how he ran the trial. His denial (Memorandum document) sounds like it was written by the government.

There is plenty of hope left - this case will go to the Court of Appeals and in my opinion, they will find in Bergrin's favor. This is far from over.

Chin up!

Anonymous said...

I hope so Vicky. My heart hurts for him as well as for his family for having to go through this. I hope he is in the best spirits he could be in. I wish there was some type of help I could give him. For now I just pray for him. Better days to come.

Anonymous said...

No. These are not appeals. They are post trial motions. The Constance Post/Wayne Charles case shows you can lose one and win the next. Btw, in that case, no sentencing in four years since convictions.

Vicky Gallas said...

Yes, well sentencing is scheduled for August 12th in this case. It's a possibility that it will be reset for August 28 or 29, but I seriously doubt that it will go beyond that.

I am hopeful on the appeals. Once Cavanaugh is out of this picture, it will drastically improve.