Friday, August 2, 2019

William Baskerville Case: Evidentiary Hearing Update

I have discussed the William Baskerville case in numerous past posts. William ended-up with a bifurcated hearing – in other words the hearing was broken into two parts, with the second part perhaps unnecessary depending on the first part. We await the ruling of the Honorable US District Judge Peter Sheridan on the first part of the hearing. Judge Sheridan is expected to rule on August 8, 2019.

William Baskerville's attorney for the evidentiary hearing process is Bruce Throckmorton of Trenton, New Jersey. There was also an investigator on the case, but I will not name him yet. When Mr. Throckmorton was first appointed to this case, both William and I had our doubts, mainly due to the lack of communication. However, there are many attorneys who fail to communicate with clients early in a case and yet they are skilled at their job – which is being an attorney! Bruce Throckmorton fits this description!

When I read the brief linked below, at times I held my breath and at other times tears rolled down my face. Mr. Throckmorton has shown that he really does have a grasp on this convoluted case, which is not a simple task. This case is complicated by the voluminous Paul Bergrin case and the testimony of Anthony Young, who claimed to be the shooter in the Kemo Deshawn McCray murder.

No matter what happens on August 8th when the Honorable US District Judge Peter Sheridan rules, Mr. Throckmorton has effectively represented William. As this brief shows clearly, exemplary research and writing skills are far more important than initial client communications.

I will not say what I think the outcome will be and in a sense, I am still holding my breath. The brief itself is 29 pages and the the remaining pages are the relevant attachments.

William Baskerville 2255 Defense Brief July 30 2019

The government filed a brief responding to the defense brief linked above. They also filed two letters, one of which basically calls the judge's Opinion a farce. The government is in full threatening mode at this point and there's no telling what they're doing behind the scenes. As the government's case  against William Baskerville could easily be unraveled at this time, which also threatens their case against Paul Bergrin, this was to be expected. It is the reason my statement above was so short and really said nothing much.

The bottom line is that this case is one big farce - good word choice on the government's part, but applied differently from me. The additional documents:

William Baskerville 2255 Defense Letter August 5 2019

William Baskerville 2255 Govt Brief August 5 2019

William Baskerville 2255 Govt Letter August 5 2019

William Baskerville 2255 Govt Letter no 2 August 5 2019

In government letter no 2, they state:

Dear Judge Sheridan: William Baskerville seeks an adjournment of Thursday’s oral argument because the Government submitted a 1200-page Appendix with its post-hearing brief. Baskerville neglected to mention, however, that the Appendix mostly contains trial transcripts from the Bergrin case i.e., the very transcripts Baskerville cited in his § 2255 motion and Traverse and mentioned in his post-hearing brief. This farce has dragged out long enough. The requested adjournment should be denied.

So the government views the judge's Opinion and due process as a farce. But we already knew that, didn't we?

UPDATE ON 18 AUGUST 2019 @ 11:25AM -

Bruce Throckmorton filed a brief responding to the government's brief linked above and the government filed two letters. While the government's brief included everything but the kitchen sink, they chose to attack William Baskerville's attorney for including one (1) short telephone call transcript, referring to it as not within the scope of the hearing. The documents:

William Baskerville 2255 Govt Letter August 14 2019

William Baskerville 2255 Govt Letter August 15 2019

William Baskerville 2255 Defense Brief August 15 2019

As far as I am aware, the judge will rule soon. There could be a second part to the hearing as it was bifurcated and all of this is about the first part. It is also possible that the judge will rule on the case and there is no need for the second part of the hearing. I will update as soon as I get more information.



Anonymous said...

Hope all go's well for Mr Baskerville the Boyd 302 and lying agent brokos also the lawyers not calling or interview his witnesses,Oh and Jonnie Davis testimony that clearly proves Anthony young was not the shooter Mr davis was there and let's not forget THE CURRY CALLS,Mr bergrin and curry also should have a new trial or out right dismisal.

Vicky Gallas said...

@Anonymous -

There is actually much more, but the brief only addressed the issues questioned by the judge in the opinion. There is also the encounter that Kemo's other stepfather (Christopher Spruill) had when he was at the memorial. And then there's the government pretending that the identity of their CI was some sort of secret - he setup like 19 people for the feds and unknown for the state and Brokos-Manson's husband, also a special agent, loaned his phone to Kemo and someone else who Kemo setup called the number and the recording said he had reached FBI Agent Manson and to leave a message. They intentionally (because no one is this stupid) put Kemo's name in NEON LIGHTS. But somehow they manage to blame it on Paul Bergrin for telling Curry the name? Bunch of complete bs!

Anonymous said...

President Trump just said about the killings in EL PASO and in DAYTONA that hate
has no place in America. But does Justice have any place in the USA. If there was
a fair Justice system in the USA, there would be no HATE, and innocent persons would not be in prison. They would have all chances to a fair trial. There is nothing to be very proud of. Hope William wins his case and many other innocents like him.

Vicky Gallas said...

Well, the peace was short-lived. The government filed a 1300+ page brief in response to the brief Mr Throckmorton filed linked in this post. They also filed a couple of letters. The tone makes it clear that they're in threatening mode... I will edit the post and include links soon.the


Vicky Gallas said...

Excuse "the" at the end of last comment.

Anonymous said...

Hope Judge Sherandon sees what is truly going on here. These cases are built on
perjuries and threats. How can the American people respect their government when
THERE TO HAVE JUSTICE RESPECTED. Keep us posted Vicky, you are doing a good and
smart job by letting us know the truth. Thank you.

Diablow said...

A new trial or acquittal is possibly warranted on the Kemo murder conspiracy charge to the extent Young did not kill Kemo and lied about the so-called meeting Paul attended for which no date is given. The Cordova tapes ensared Paul and "play-acting" with a hitman is not the role of a criminal defense attorney and not a very good defense. Oscar leaded Paul to believe he was a hitman, pure and simple. Paul was out of control. If Paul said to Esteves that "we" can make a $1M per week, then Paul had a motive to help kill Junior the Panamanian. The tapes are the best evidence. Post them Vicki.

Vicky Gallas said...

@Unknown -

The Oscar tapes are not available to the public AND it was SA Brokos who transcribed the tapes AND Oscar was a looney-toon that actually called in a death threat against himself using a woman's voice. When the defense discovered all of this, Oscar was recalled to the stand. His testimony is a bad joke and no one with half a brain would have believed that he was a hitman - Paul sure didn't believe it! His father was Lord Gino in the Supermax at top of the Latin Kings??? hahaha what a stupid joke and Paul was playing with the idiot.

If you believe Oscar, I have some plots of land for sale out in the Everglades just for you! Oh and do feel free to post a link to the laughable Oscar tapes! lol

Vicky Gallas said...

@Unknown -

AND, I forgot to add the most important part: Vicente Esteves was already in plea deal talks with the government! Save Esteves from what and who? HIMSELF??? ROFLMAO that anyone would believe that shit, but mad as hell that some people were stupid enough to! Paul Bergrin is suffering because of this fraud of a fiasco with deranged, fake hitmen. Good grief.

Diablow said...

It all seems a like a low-budget movie (and a mini-series has been made) but Paul apparently wanted to cash in and exploit Esteves by assisting to get rid of a cooperating witness. The jury assessed the tapes and rejected the "play-acting" defense. The jury heard from Oscar, Esteves, Moran and the tapes that Paul was conspiring to kill Junior the Panamanian. Common sense tells you he was not play-acting. Yet, Paul may get a second trial if the Kemo count was based on perjury tolerated by the Government and infected the entire trial. Paul treated his scummy clients as friends, e.g., calling Curry his brother. Paul had no boundaries and his many meetings with Oscar became Paul's disaster.

Vicky Gallas said...

@Diablow -

Seems like you have reading comprehension issues or you just do not like Paul and conveniently skipped over what I said, so I will try again...

1. Vicente Esteves was in the midst of a plea bargain deal with the government. So why would he, Paul or anyone on earth need to "get rid of a cooperating witness"?

2. No clue what was up with the jury in trial 2. It seems like they all wanted to go home badly and didn't look at the case thoroughly. It was a long trial and they deliberated for a few hours. There was also the media influence with a New York media group repeating the Brokos transcribed statements on the audio in print form. The tapes do not even say what Brokos claimed they did. Mostly they were unintelligible, not even clear enough for a real transcriptionist to transcribe. In that sense they never should have been admitted as evidence. It was Brokos saying the tapes said that crap.

3. Oscar is pure trash and sucked more money from the government than the jury was aware of. A longtime informant and a criminal, and his recordings were tampered with. He was also on psychotropic drugs and frequently demanded more money from the government - he probably still does! Paul was not stupid enough to believe the whole daddy is Lord Gino, head of the latin kings bullshit. Who would believe it?

4. Moran was willing to say absolutely anything when the government threw him in a cell and informed him that they were going for the death penalty.

5. I have done such play acting myself, though the discussions never involved a hitman. The post is on my other blog. There comes a point when a person just starts playing back when severely harassed, which I was for years and Paul Bergrin was in this fiasco.

6. Well, the government always considers criminal defendants to be "scummy". Some are and some are not. But now we know where you come from! ;-)

7. Paul called lots of people his brother. And? You would have to know something about Paul's background to understand his use of such endearing terms. He had such a term for me too, but I just brushed it off like I'm sure that Curry did. Paul is Paul and he was not going to change for your crowd.

Hope that helps you to come to better terms with the situation.

Vicky Gallas said...

@Diablow -

I used to play back with harassing informants too. A post from 2010 on my other blog:

Diablow said...

Paul liked money and pu$$y and both led to his downfall. His is a cautionary tale for bad-ass bi-polar lawyers. If Paul for one minute believed Oscar to be a paid informant he would have told Esteves. Instead he certified Oscar as the real deal. Paul has a blind spot for criminals. Maybe Paul sniffed money but he played along too long to later assert he did not belong. Paul needed a wake up call prior to being indicted as he is not evil but just stupid and drunk on Puerto Rican pu$$y. Hell of a fucking hangover. I am sympathize as hell but will not pretend that Paul was innocent.

Vicky Gallas said...

@Diablow -

Paul had a weakness for women, but Yolanda Jauregui is from Peru, not Puerto Rico.

And you are able to guess what Paul was thinking and how he would react because of what connection? You're pretending to know him well, but do not know him at all.

Paul Bergrin was back and forth between Iraq, Kuwait and Afghanistan defending US soldiers accused of torture and murder during the years the government claims he did all of this BS.

Read the post with the link, the one that says everything you want to know about the case. It's not a short read but you will learn from it. We are done here until you do your reading and research because I have no time to argue with false statements about Paul daily.

Diablow said...

I do not know Paul but I am a trial lawyer and read most of the trial transcripts when you posted them 5 years ago and do not buy the story that he knowingly played along with a fake hitman (and, therefore, a likely informer) for no apparent benefit to himself or his client, Esteves. I do not believe beyond a reasonable doubt he was part of a plot to kill Kemo. Curry and his organization had more to gain from the killing and had killed others before Kemo. The theory that Paul advised Curry to kill Kemo for reasons of self-preservation is weak. Paul was not competing against Curry.

Vicky Gallas said...

@Diablow -

Okay, well, you are entitled to your opinion. You really do not see a problem with the Oscar tapes being unintelligible and Special Agent Brokos doing the transcribing for the jury? That's surprising. Really, a real transcriptionist wouldn't touch it, so Brokos did it herself.

Have a good day.

Vicky Gallas said...

@Diablow -

If I was rude it is only me pushing buttons, trying to figure out the connection to Paul. Anyway, I believe you are a trial attorney and do not know Paul personally. Great to know that you read the trial transcripts when I posted 5 years ago!

I truly appreciate your assessment of the situation. I believe that we only disagree on the Oscar the hitman fiasco because you do not know Paul. As a person, that's just how he was - for him, especially after his parting with the Newark US Attorney's Office many years earlier, all of this was nothing more than a reaction to accumulating harassment over a long period of time. I had such a reaction myself in a recorded call just prior to my own arrest - more than my usual off jokes - and it was a main reason they went ahead with my arrest even though there was no evidence of the charges. The recording was damning. The recording was also the main reason that I testified in my defense... I had to explain it to the jury. I advised Paul that he had to testify too, but he disagreed. Attorneys tend to view defendants testifying in their criminal case as ill-advised, but no choice in my case and really not much choice for Paul either. It was a serious error for Paul.

Still, Brokos lies a lot so not sure why anyone would trust her to transcribe the Oscar recordings.

Best to you,


Diablow said...

I took no offense.

Anonymous said...

All the so called evidence against Mr bergrin and remind you it was a mountain of of evidence 8 YEARS WORTH and they didn't sever those charges, how can anyone get a fair trial? Those charges would of made the pope look BAD. they should have sever the charges in most cases with that much evidence by law they should have broke them down grounds for appeal.