Smiling Faces Sometimes

Friday, November 23, 2018

Updates for Paul Bergrin and William Baskerville Cases

There are updates to Paul Bergrin's Rule 33 (Motion for a new trial) case and to William Baskerville's 2255 petition. I am linking the relevant documents herein and if you read the Opinion and Order the Court issued on William Baskerville's 2255 petition, you will see a part incorporated into Paul Bergrin's Rule 33 Defense Response. It is interesting to say the least, but I am not going to point it out; you will need to read everything.

The Opinion and Order from the Court in the William Baskerville case is a mixed bag. When I copied it to William, as he had not received it in the mail yet, my only statement was that it is good and bad. Most of the claims were DENIED, though with several, I see no valid reasoning for the denial. With most, I fully understand the reasons for denial as related to law. The few that were GRANTED are interesting, to say the least.

The Rule 33 Defense Response from Paul Bergrin's counsel Larry Lustberg is good and should get Paul a new trial. There are many new affidavits from witnesses attached that you should find enlightening. Apparently Paul does still have an active investigator working on the case; I was beginning to wonder. In a real Court of Law, the response would get Paul Bergrin a new trial, but thus far I am having a rough time viewing the federal courts in Newark as real because they are not going by law!

In my dying breath I will argue that the case against Paul Bergrin is 95% false and malicious. If you disagree and you have something with substance to say, then put your name on your comments and I will publish, but if you are a drive-by anonymous troll, take a flippin' hike, because it's obvious to me that you have an agenda that is not related to truth or justice.

I feel the same about the William Baskerville case in relation to the Kemo murder conspiracy, because if I didn't, I wouldn't be spending a minute discussing it as I have in past posts or mailing William documents to help his case.

Another situation that I have not mentioned, mainly because the case is completely convoluted, is that of Hakeem Curry and Rakeem Baskerville. After reading the case documents and the trial transcripts in past, I can honestly say that I have never come across any judge with as heavy a bias as the now retired Faith Hochberg (thank God!) or as much rhetoric and hyperbole as was used by the government AUSAs in any case ever.

Mr. Lustberg did indeed come through for Paul on this response to the government and while we (Paul's supporters) do truly appreciate that, I do have a bone to pick: There have never been any objections filed in any court in this country to the Special Administrative Measures (SAMs) that have kept Paul incommunicado in Florence ADX Supermax for over two years and three months now! Even the flippin' Boston bomber had objections filed on his SAMs quickly, in less than 30 days, so what in the hell is going on? Is there some big mystery in this case that no one else is aware of???

I hope that everyone had a nice Thanksgiving! Mine was complicated. As some of you are aware, I take care of my 88 year-old veteran mother, who is currently having a variety of complications, so between her and the heavy cooking necessary, I didn't think I'd make it. I'm doing much better today and figured I had better get these documents out there before I'm unable to. We never know when our day is going to come.

Here are the document links:







Here is a document from the William Baskerville 2255 case that discusses the call recordings and issues involved. It is document #37:

W Baskerville Letter November 30 2015



Happy Reading!


23 comments:

Anonymous said...

Haven't read Mr bergrins yet, but William baskerville has at least a foot in the door. I wish like hell he had or should I say those witnesses should have submitted affidavits or declaration,only Hakeem curry and rashida tarver gave signed affidavits.he made some mistakes in other areas also but they are going to allow him the chance to expand the record and call those witnesses and the court's want to question mr herman and mr Kayser for their (INCOMPETENCE) I dont believe they gave an all out effort for mr baskerville, but vicky if the courts for instance approve what they will here in court what does that mean being though they denied most of the complaints.

Vicky Gallas said...

Yes, you are correct. It is major to get an evidentiary hearing. The Court didn't make it easy for him, but he has the opportunity to fight for his life! And as you say, he is able to expand the record, which is really important.

Before I forget, another area of ineffective assistance of counsel was in his attorneys not allowing him to testify in his defense. William even wrote a letter to Judge Pisano (retired) about it.

Sometimes William recalls situations from the early part of the case and another issue is that he was attempting to hire a sentence mitigation consultant - he told me the name of the business, but I do not recall at the moment. This happened before Kemo was murdered, when he was considering a plea when Paul informed him that he faced 12-13 years on the drug counts.

A main issue that was DENIED is the credibility of Anthony Young. While Rashidah Tarver alone doesn't establish that Young lied, and Diedre alone doesn't establish it, nor does Madison's statement or the Miller recordings, the call records and transcripts definitely cement it. His attorneys never bothered with the recorded calls from the Curry case, presumably because they were suppressed due to improper sealing (the 33K calls). However, the calls recorded on the date of William's arrest and the months that followed show that Young lied and there was never any street meeting as he claimed.

The government misrepresented what evidence they had and William's attorneys just believed the AUSAs. They were incompetent in many more ways than just not investigating and calling Curry and Rakeem. Their goal was to eliminate the possibility of a death sentence, and that's all they did, which is great, but only if you view William as guilty.

There are more affidavits submitted in the 2255 case, but I would have to go back and read to tell you who wrote them.

I don't know the answer to your question. The only thing I do know is that the DENIED claims can be appealed. But do they need to be? Is there enough without diving in again? I do not pretend to know.

I definitely appreciate your thoughts. William asked me to look at document #37 concerning other witnesses, so going to do that now.

Anonymous said...

Man I tell u what if Paul rule 33 motion doesn't get him a new trial I'll puke over MYSELF, THAT LYING ANTHONY YOUNG,FOR GOD SAKE JUST READ THE HUDSON COUNTY TAPE CONVERSATION. Paul should at least get a hearing. (LIE) TO THEM CRACKERS HASS TELL WHAT THEY WANT ?? those are the words out of Anthony young mouth then ADMITTED to the agent he wasn't the shooter?? ALSO THERE WAS NO MEETING THE CURRY CALLS PROVE THIS,ONE LAST NOTE JONNIE KEMO FATHER IN LAW gave a DESCRIPTION of a black Male dark skinned WITH DREADS THAT KILLED KEMO, and was threatened again by this person, ANTHONY YOUNG IS light skinned BALD HEAD AND FAT, FAT ANT IS ONE OF HIS ALIASES CAN BE MISTAKEN FOR HISPANIC,= VACATE THE SENTENCE NO MURDER NO DRUG CASE.

Vicky Gallas said...

@the last Anonymous -

You say it so eloquently. lol But everything you say is FACT!

If I seem negative about the Opinion in William's case, that is why. The Kemo murder conspiracy should have been VACATED. In that Kemo tampered with the drugs and the money, the drug counts should also be vacated.

Also, don't forget - William wanted to testify in his defense, but his incompetent attorneys refused to let him - he even wrote Judge Pisano (retired) a letter about it! That is not mentioned in the Opinion, but William included a copy of the letter in a motion previously. There is so much more, of course!

Anonymous said...

TODAY IS MAJOR PAUL W. BERGRIN BIRTHDAY, Paul was born on the day of the Immaculate
Conception of our mother Mary. His mother said he was the cleanest baby in the
hospital and Paul is still the cleanest soul and most precious man I have known.
Paul Bergrin does not deserve to be in prison. He should be near his children and
grandchildren on a day like today. When will Justice prevail in the USA.
TELL ME WHEN USA! Have the courage to stand up and reply. Marie.

Anonymous said...

That's a bit much. I knew Paul, I read the full trancsript of the first case and part of the second, he was framed for the murder and attempted murder, but it's a bit much to make him our Lord and Savior (by the way, is that like when one guy is CEO and chair, and one of the gigs largely ceremonial?). He was sloppy. He cut corners. He ran Jason Itzlers escort service, which he pled guilty to. He doesn't deserve 6 life sentences and 200 years, but lets admit his shortcomings.

Vicky Gallas said...

@ the last Anonymous...

Paul's only shortcoming was speaking to idiots like you!

Your absurd statement aside, Paul did NOT plead guilty to "running Jason Itzler's escort service". Paul pleaded guilty to a minor misdemeanor in the NY State case just to make it go away. He was back and forth from Iraq defending Corey Clagett in the US Army case against him when representing Itzler. What a stupid statement and he definitely had his faults, so I know that I have never considered him "our lord and savior" dipshit.

Anonymous said...

HE WAS FRAMED FOR MURDER WHICH IS (TRUE) HOWEVER THEY PRESENTED FACTUAL EVIDENCE DURING THE TRAIL. TRANSLATION PERJURY ALL ACROSS THE BOARD YOU LIE ONE TIME BALL GAME, GOVERNMENT ATTEMPTED THIS DURING THE WHOLE TRIAL AND WAS SUCCESSFUL DUE TO LACK OF STREET KNOWLEDGE BY THE JURORS THEY BELIEVED OUR FAILED SYSTEM, THEY DIDN'T UNDERSTAND GOVERNMENT,POLICE,FED'S,AND SNITCHES WILL LIE.

Vicky Gallas said...

@the last Anonymous...

Yes, all true, but one additional point here: The jury didn't understand how criminal law works and the relationship between the attorney and the defendant. It was 100% normal for William Baskerville to give Paul Bergrin the name of the informant and there were no nefarious intentions on the part of either one of them.

@the previous Anonymous...

If Paul was running Jason Itzler's escort service as you claim, why didn't the government call Itzler to testify? Instead they called Natalia, who actually knew nothing whatsoever about the situation because she was busy doing drugs and shopping (read her book). Besides, at no point did she testify that Paul dispatched her to a call or that she paid money to Paul for any call. Think really hard about that.

Anonymous said...

So he didn't plead to the crime of running the escort service? He had the "best" lawyer, that bald guy. Please clear this up?

Vicky Gallas said...

@ the last Anonymous -

Nope, there is no such charge as "running an escort service" in NY State or anywhere else in the US to my knowledge. I operated escort services in Orlando for 10 years, so I would know. Try again.

Anonymous said...

So Paul Bergrin is a good man that became the victim of a government that had to
hide all its crimes and Paul Bergrin is a saint for enduring still today in
ADMAX all these sufferings because of the government. KEEP IT SIMPLE STUPID.
This man must be freed and compensated for all this. What a bad and unfair Justice
system based on nothing but perjuries.
One of the worst Justice system for a country that claims to be the first.
So what is next, a fair trial or some more shitty perjuries. How about doing some
cleaning in this mess.
Good job Vicky.

Anonymous said...

Reality check: true, but there crimes such as promoting prostitution, misdemeanor and felony, Paul, a highly experienced criminal lawyer himself, retained shargel, the most prominent nyc criminal layer, and he...pled out. So please, no excuses, he was guilty of promoting prostitution.
Next, we were co counsel on a drug case in 1995. He had the nj buyers. I had the nyc sellers. And he was young and a very nice guy. But he and his partner tried to rep both sellers. A conflict and a big no no. They had the clients sign waivers. Still no go.
He and his partners harnessed the families for dough in the hallway. Bush league.
He wasn't aware of a motion called dunnaway, and instead of doung his homework, he asked me to fax a copy of my motion, for which I'm sure he billed the client a nice, fat fee.
So please, stop the fanboy/fangirl stuff. It's a horrible application of "justice," but some of which, such as previously mentioned, he brought on himself.

Vicky Gallas said...

@the last Anonymous (the attorney)

And a reality check for you - it was indeed a misdemeanor, promoting prostitution, that Paul pleaded guilty to in the NY State case. He was charged (malicious and overzealous) with a list of counts, including felonies) and took the misdemeanor plea to make it all go away. Defendants do this every minute of every day in the lousy US criminal justice system - some are actually guilty and some are NOT. If you, an attorney, are not aware of that fact, you need to go back to school. Paul was not guilty, but was dealing with the Iraq fiasco and an upcoming divorce, so he went with the simple solution, which would have allowed him to practice law in the future and survive the divorce. As an attorney that decision should make sense to you.

At least we agree that the murder and murder conspiracy counts in this case were and are a government created farce. That should really matter to you, but clearly your hatred runs too deep.

And I am a fan of Paul's yes, but I also know that he did bring some of this on himself. The rest of it, which is everything that actually matters, is ALL on the deceptive government AUSAs.

I was also charged with "promoting prostitution" a felony in my Florida State case, but it was so minor that they dropped it before trial and went with the over-reaching racketeering and RICO conspiracy, so I do know enough on the topic to argue with you.

Anonymous said...

YES MR THE ATTORNEY DONT MAKE US BELIEVE THAT YOU ARE BETTER THAN PAUL BERGRIN,
JUST STOP FEEDING US BULLSHIT OR AS VICKY SPECIFIES GO BACK TO SCHOOL IN 2019.
MAYBE YOU COULD GO TO PRISON TO KEEP COMPANY TO PAUL IN ADMAX, YOU NEVER KNOW WITH
THIS FLIP FLOP JUSTICE SYSTEM. JUST BE SMART MR ATTORNEY. STOP ATTACKING PAUL SO
UNFAIR YOU ARE.

Anonymous said...

It's just a reality check, in our hostess with the mostest words. He was a decent guy who made mucho mistakes and got in way over his head.

Anonymous said...

Paul was and is still a decent man. He definitely does not deserve what the government has done to him. For one minute, Mister attorney, imagine what you would
do or would have done if you were at his place.
Never forget that Paul from the very beginning was against this practice of perjuries in court and that he felt responsible for these soldiers accused when having followed orders received from their superiors. Its a humanitarian way of
living for others and Paul did that. This does not justify six life time in prison.
Paul has values that no one has now a days or very few have and that I know.
This is why I have the highest respect for this man.
NO ONE IS PERFECT AND OBVIOUSLY YOU CANT MAKE EVERYBODY HAPPY, YOU JUST TRY THE
BEST YOU CAN. In 2019, I wish some Justice for this man, some real Justice. I also
wish you would wish Paul the same.

Vicky Gallas said...

@the last Anonymous

Paul's biggest flaw was being friendly to everyone and believing in truth and justice, which does not exist in the US. It's amazing how stories evolve... example is this attorney: before he stated that Paul copied his motion, but later (here) he stated that Paul asked him to fax a copy of the motion. This guy shouldn't even feel the anger that he does about Paul. So why hold a grudge because Paul asked a simple favor? Paul was rough, not like the usual paper-pushing attorneys, and outspoken.

At least the attorney admits that Paul was framed on the murder conspiracy garbage by the government. At least someone who admits to despising Paul sees the frame job. That's a major victory!

Anonymous said...

I said I liked the guy. It was 1995 and we were both young. My point, I knew him from one or maybe two court appearances, and can name mucho unethical things he did: not doing his own motion papers, trying to waive an unwaivable confict to make more money, harassing family members for money in corridor. He brought it on himself is all I'm saying.

Vicky Gallas said...

@the last Anonymous (the attorney)...

Paul's crimes in your eyes:

1. not doing his own motion papers (oh wow an attorney copying another attorney's motions AFTER ASKING)

2. trying to waive an unwaivable confict to make more money (being an attorney)

3. harassing family members for money in corridor (oh wow an attorney who expects to get paid for his services)

So yeah, he brought IT ALL on himself, government frame job for multiple murder conspiracies, life sentences, solitary confinement at the worst facility the US operates, incommunicado to all but his daughter and his attorney etc... etc...

Wow. The anger and hatred over trivial garbage are the worst I have ever seen for Paul Bergrin. Would you like the government to go ahead and put him to death for you? GTFO.

Anonymous said...

Let me try again. By the time I showed up, the judge had already told Paul that he and his partner could not represent the two buyers. It's a clear conflict that any lawyer could see, but might not be obvious to the clients. So he gets a waiver, and before the appearance he and his partner are harassing the families for money in the corridor. This was just a single incident, over 20 years ago, for which he was not called to account. To make things worse, for the love of money he has his jailed clients sign waivers of the conflict.
Any other atty doing this would be a lowlife. But Paul's a martyr.
Go figure.

Anonymous said...

not sure where this guy practices but pushing up on family members for money in a courtroom hallway is just one of the many realities facing a crim def attorney in Nj and waivers of conflicts are commonplace, he is probably a civil attorney. In crim practice motions are canned and revised per the individual case and chasing money is a sad fact

Anonymous said...

Paul is different from many attorneys. I am sure that he would want like everyone
to be paid because, we all have bills to pay and we all want to succeed in life.
But when he went to defend these soldiers, I do not think he was looking only for
money and glory, because Paul Bergrin has a big heart and cares for people.
I can remember many circumstances where I saw Paul put others before him and help
others the best he could. NO ONE IS PERFECT, are you Mister attorney a perfect guy.
I don't think so, we are all different, some truly truly nice and others truly truly
evil. Perfection is relativism, the art of knowing how to balance things in our life.
Personally, I believe in Pauls human values and I know he would not hurt anyone.
Hope he stops suffering so much. Hope you understand the essence of our lives.
Marie.