Bergrin Trial Judge Saved the Day

As stated in a recent post on Paul Bergrin's unexpected transfer to the Essex County jail following the verdicts, U.S. District Judge Dennis M. Cavanaugh was NOT the one to order Bergrin be sent to Essex County and placed on suicide watch and in protective custody. Judge Cavanaugh sure did undo what vindictive prosecutors arranged though.

Perhaps Judge Cavanaugh is coming around. In a statement made to Jason Grant at the Star-Ledger, Judge Cavanaugh stated “it’s really not over … this guy is fighting for his life; I think it’s fair that he has the chance to do his best”.

Source: Judge orders Paul Bergrin transferred from Essex jail back to Brooklyn federal facility

Mr. Lawrence Lustberg deserves our thanks for all of his hard work throughout this case and certainly for Paul Bergrin's transfer back to MDC Brooklyn in short time. Sometimes it is easy to forget the standby counsel and if I rarely mention Mr. Lustberg, it is only because he is quietly in the background and we have no contact. I do appreciate his letters and tireless work on Bergrin's behalf as do all of Paul Bergrin's supporters.

Have I been too rough on Judge Cavanaugh?

Well, let's not go that far, but it's possible that the judge has seen the light, and the government's case for exactly what it is: a farce built on false statements by witnesses with something to gain. I, for one, hope to see many more fair and impartial orders and rulings from Judge Cavanaugh before this case is over.

Now if only the US Marshal Service would stop dragging its feet with all that is related to Paul Bergrin - Just joking guys; we all know where your orders come from. *smile*

UPDATE on 23 March 2013 @8pm:

As of right now, Paul Bergrin still sits in Essex County jail. I am wondering if the government intends to abide by the court's order to return him to MDC. Will they cause as much time to pass as is possible to prevent Bergrin from having the time he needs to work on his post-trial motions and appeals? What will the excuse / reason be for the delay in his return to MDC? Have they read his notes and gone through all of his legal papers? Will all of his legal notes and papers still be there when he makes it back to MDC, if he does?

There is more going on than meets the eye here - definitely some sort of defense shake-up or clandestine actions by someone that is supposed to be assisting Paul Bergrin. I do not know anymore than that at the moment, but when I do, I will post about it.


UPDATE on 26 March 2013 @6am:

Paul Bergrin is finally back at MDC Brooklyn. They have had 8 days alone with his legal notes and papers, so we shall see if it's all still there.

 

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