Court

Discussion in 'Long Island Serial Killer' started by ps149, Mar 23, 2013.

  1. fred&edna

    fred&edna Well-Known Member

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    Integrity
    1. the quality of being honest and having strong moral principles; moral uprightness.
    2. the state of being whole and undivided.

    Ya' have to start with integrity for it to be "preserved", and I don't believe honesty, strong moral principles or moral uprightness have been primary factors in this case. (Particularly when Burke and cronies were overseeing). And, as for an "undivided" aspect... well, SCPD is only unified in efforts (expensive legal fees and authoritative mouthpieces) to continue "this shiz show".
     
    Last edited: Nov 2, 2018
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  2. lady gaga

    lady gaga Member

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    Im not a legal eagle, but I'm wondering if it is a conflict of interest for


    Geraldine Hart to represent the SCPD in this matter.
    I keep telling you that the Feds have legal power over the LE,

    and when Geraldine was the head of the FBI in Long Island, she
    nor her colleagues subpoenaed that 9-1-1 call, even though they
    had power over SCPD.

    Now, as SCPD Police Commissioner, she is representing the police
    and negating the tape from being released, but, as she was the head
    of the FBI, I wonder if this could be deemed a legal conflict of interest
    and I'm wondering if there is probable cause to sue SCPD
    for the tape from a different Fed camp, I guess SDNY.


    I wonder if an expert in First Amendment Law would be the right
    lawyer to sue Geraldine, or if it needs to be FBI in NYC to sue her.
     
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  3. lady gaga

    lady gaga Member

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    A law firm needs to step in to sue SCPD
    over the release of Shannan's 911 call and
    be intelligent and experienced in:

    SCPD police procedure regarding 911 calls

    subpoena the SCPD transmissions forms from the moment the 911 call came in
    to the moment the first responder arrived at the scene

    commercial sexual exploitation of girls

    felony level promoting prostitution

    probable cause in advance and profit from the prostitution of another [Pak] [Diaz]

    was there evidence of Shannan being controlled by a 3rd party promoting prostitution [Diaz]


    This law firm needs to be able to argue this case all the way up to the Supreme Court.
     
  4. WINDSOR

    WINDSOR Well-Known Member

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    I believe, unless they appeal, again, they will be compelled to obey, or be in contempt of court.
     
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  5. fred&edna

    fred&edna Well-Known Member

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    But what type of actual punishment will be handed down if they are found guilty of contempt? A verbal admonishment? Smack on the hand? A fine? Whatever it is, imo it would primarily involve months (possibly years) of costly legal wrangling with nothing actually gained. An expensive dirty smudge on SCPD faces... nothing more.
     
  6. Suglo

    Suglo Well-Known Member

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    They could lose the underlying lawsuit. Judges can, at their discretion, impose sanctions that include an automatic judgment in favor of the opposing party. The judge can also send the attorney to jail, impose daily fines and all sorts of other things. An attorney is not going to just ignore this order. The attorney could even lose their license to practice law.
     
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  7. lady gaga

    lady gaga Member

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    Federal Tort Claims Act

    grants the Gilbert family the right to sue
    the Federal Government (U.S. Attorney's office [Eastern,] FBI and SCPD.)

    John Ray has never argued in front of the United States Supreme Court

    and Ray hasn't a clue about prostitution, nor criminal enterprise of sex industry.
     
  8. WINDSOR

    WINDSOR Well-Known Member

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    Contempt rulings usually involve jail time for somebody, usually the party in contempt or a representative. The jail time is usually indefinite until the party comes into compliance with the judge's ruling. Contempt orders are serious matters.
     
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  9. fred&edna

    fred&edna Well-Known Member

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    Yes, I believe you and Windsor are correct in possible serious penalties. I'm simply questioning whether Berland would actually impose those penalties. I mean, would a Suffolk County judge REALLY order the Suffolk County Attorney to serve jail time and/or be subject to daily fines?? I don't see it happening.

    jmo
     
    Last edited: Nov 3, 2018
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  10. Suglo

    Suglo Well-Known Member

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    You know the players better than I do but I would be shocked if they just ignore it. The more likely thing is that they are going to wait until the last possible second to appeal it to a higher court. Attorneys are master procrastinators.
     
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  11. lady gaga

    lady gaga Member

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    Don't bother guessing here on what will happen
    call an attorney and ask him what happens in matters like these.

    The attorneys representing the opposition are going to appeal
    the judge's decision to give the tapes to Ray.
     
    Last edited: Nov 3, 2018
  12. fred&edna

    fred&edna Well-Known Member

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    I would love to see the judge impose a serious penalty forcing SCPD to comply. But, yep, I agree... their attorney will eventually come through with an appeal.
     
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  13. NY Ranger Fan

    NY Ranger Fan Member

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    What local lawyer would want to get that involved with the case, really none that I can think of. It would have to be a law firm from way out of town, although actually winning a lawsuit has a slim to zero chance IMHO.
     
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  14. lady gaga

    lady gaga Member

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    Yea - especially 8 1/2 years later
     
  15. WINDSOR

    WINDSOR Well-Known Member

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    Besides John Ray's Wrongful death suit on behalf of the estate of Mari Gilbert, I do not believe there is any potential for civil action in this case.

    On the other hand, there are criminal charges possible. Suffolk County has expressed to Judge Berland in court, that Shannan Gilbert's case is an ongoing investigation, not that I expect they are really doing anything concrete.

    I know it may sound trite, but currently, it appears John Ray's efforts are the best hope for a resolution to this case.
     
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