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.

 

The Judge has Removed his Mask

It is not as if we are unaware of where Judge Cavanaugh collects his paycheck, but most of us believed that a federal judge is supposed to at least pretend to be impartial. I have never heard of a judge placing a time limit on defense questioning of government witnesses and referring to defense questions as irrelevant throughout the first couple of weeks of trial. It's all relevant to reveal contradictions in testimony, but apparently not in Judge Dennis Cavanaugh's courtroom.

I gave Judge Cavanaugh the full benefit of doubt, as I do with anyone until they reveal their true motives and biases. Judge William Martini was removed from this case because of his impartial rulings. When the government's case is voluminous, yet has no substance, they absolutely need a judge that will favor anything prosecutors say or do, no matter how outlandish, and clearly Cavanaugh is their man and Martini did not fit the bill.

Paul Bergrin should be able to question a witness for several days if that's what it takes to defend himself on a lengthy list of charges that could each result in a life sentence. Judge Cavanaugh will have none of that defense nonsense! He has revealed a clear bias in favor of his pals at the U.S. Attorney's Office in Newark. We must wonder if they golf together or had lunch prior to the start of this trial.

So rulings that favor prosecutors are considered impartial, but rulings that favor the defense are viewed as biased? Do they teach this stuff in law school? I opted to pass on law school because I knew they'd manage to get rid of me in short time and no one wants to spend years in school and a boatload of money only to lose everything they worked for. Judges like Cavanaugh reinforce all that I have believed since 2002.

Most federal district judges at least maintain a pretense of impartiality, but what of the Third Circuit Court of Appeals? How would the panel that ordered Judge Martini's recusal from this case for alleged bias judge Cavanaugh's behavior yesterday and the previous days in this trial? Is it all one big government production with everyone v. the defendant? Why call it a trial when it is much closer to a theater production with a planned outcome?

Peter J. Sampson is present in the courtroom so you do not have to be:

Bergrin seeks to discredit FBI account of murder and racketeering allegations

The title of the above linked article reminds me... I wonder if Paul had the opportunity to ask agent Shawn Brokos (AKA Brokus) how many other informants have been murdered that worked with her Newark office over the years. One thing that is for sure - Kemo was not alone and I believe the latest informant murdered was Hykine "Hak" Johnson in November of 2012, but more on that over the weekend.

I will guess that Judge Cavanaugh either never watched Perry Mason or didn't appreciate his character. Well, I will definitely have to revert back to my point system in this week's summary. Kangaroo court is now in session and the one remaining mask in the room has been removed.


EDIT on 2 February 2013 @645pm:

Since this post went up yesterday, someone commented to me that the judge almost seems like he is afraid of prosecutors in this case. I have a rough time accepting any level of fear, no matter how mild, in relation to Judge Cavanaugh, though you should make no mistake - these prosecutors (mainly a reference to AUSA Gay) and these agents (mainly a reference to Shawn Brokos (AKA Brokus) - are indeed dangerous.

Really I am not sure what to make of the statement, however, it came from someone with nothing to gain or lose that is mostly neutral in this case. Is it possible that federal prosecutors have exerted their authority and intimidated the judge? I do not know and I would like to hear additional thoughts on the topic from anyone that has watched this case and trial play-out.

At any rate, there is no reason for someone in Judge Cavanaugh's position to have any level of fear whatsoever of these overzealous government workers. He is near or at the age of retirement and if there was any sort of intimidation tactics, the best response is to tell all of them to shove it where the sun doesn't shine. However, we are all aware of what they did to Judge William Martini when intimidation did not work.

Food for though, indeed. 

Paul Bergrin Trial Transcripts

UPDATE - Trial transcripts no longer available


Welcome to Paul Bergrin on Trial, a blog started to support Paul Bergrin, a zealous defense attorney facing almost insurmountable legal hurdles in a yet unknown number of trials. This is a transitional post from Paul Bergrin Trial: The Summation on my other blog. From this moment forward you will find any posts, updates, documents, and transcribed testimony posted herein.

Please do view the "Documents" and "Comments" pages linked in the main navigation of this blog. You are free to download copies of the transcribed court days from the last trial that resulted in a hung jury and any other documents listed. This is for the many people interested in the case and trials of Paul Bergrin that were unable to attend and to shine a bright light on the problem of government misconduct.

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We currently await the decision from the three-judge Appeals panel in reference to the goverment's attempt to have the Honorable U.S. District Court Judge William Martini removed from the next Bergrin trial and decide evidentiary related issues from the last trial brought forth by prosecutors.