Sergeant criticized for handling of Robert Card prior to mass shooting running against sheriff.
Sorry, I'm speechless.
I discovered around the year 2005 that the judicial system in the UNITED STATES OF AMERICA is not as great as everyone seems to think it is. Or maybe it's the people who run it that suck! So I'm exposing the judges who it's clear did not have the best interest of justice in mind when they handed down their dirty decisions.
Eerily similar to the Maine mass shooting case, but on a larger scale, and involving law enforcement - Crumbleys convicted in Michigan
From an NBC news story about the Crumbleys by Eric Ortiz and Corky Siemaszko
While neither James nor Jennifer Crumbley knew their son Ethan was plotting a deadly attack at his high school, they both failed in their legal responsibilities to help prevent it.
Here's what the Commission investigating the mass shooting in Lewiston last fall in which 18 people were killed, stated in it's 30 page Initial Interim Report a few days ago.
The Commission is unanimous in finding that in September 2023, the Sagadahoc County Sheriff’s Office (hereinafter SCSO) had sufficient probable cause to take Robert Card Jr. into protective custody under Maine’s Yellow Flag1 law and to remove his firearms and that the SCSO had probable cause to believe that Mr. Card posed a likelihood of serious harm.
When public safety officials who we're paying to protect us fail in their duties... to be continued.
From Judge dismisses gun charge against convicted felon; ruled as unconstitutional (WAVE, 3/15/24) by Natalia Martinez:
Prohibiting a convicted felon from possessing a gun is unconstitutional, according to a Jefferson County Circuit Court Judge’s ruling
And as she reports on 3/15/24, the defendant Jecory Frazier, "has been in and out of custody on a number of cases."
The problem is many people are being released from jails and prisons though they are dangerous, despite they might not ever have been labeled a "felon." Without the proper supports to make changes in their environments when released, some revert to their former life of crime.
On the other hand some people who've committed non-violent crimes that are classified as felonies, have been stripped of their gun rights.
From the Portland Press Herald story
Former Gouldsboro resident Vladek Filler already reached a $375,000 settlement against more than a dozen police officers and prosecutors.
If you can't access that story because you don't have a subscription to the Portland Maine newspaper, here's a link to Filler's story at the National Registry of Exonerations.
And a summary at the website for WABI 5
In 2011, I blogged about this, and tried to help.
Abraham Lincoln was a self-taught lawyer. How ironic, that The Maine Supreme Judicial Court - if Lincoln was alive today - would not allow him to practice law in Maine. States that do allow students to practice law, who've graduate from non-ABA-accredited schools, limit the cases they can litigate. An article at the Cleveland State University, tells what some of the pros and cons are:
The short-term benefits of attending unaccredited law schools are outweighed by the realities of the legal profession. The National Conference of Bar Examiners (NCBEX) found that 23 states and territories required completion of ABA-accredited law degrees for bar exam eligibility. Graduates of non-ABA accredited law schools limit where they can practice law from the start.
It's not like an individual is going to behave in a more ethical manner if he graduates from an ABA-accredited school than one who hasn't.
I was reading some of the decisions by The Maine Board of Bar Examiners today. One applicant, who wanted to practice law in Maine, had fraudulently married a man in 2010 so that he could stay in the United States: immigration fraud. She divorced him in 2013 so she could marry her boyfriend. I had to laugh when I read the following in the Board's decision on May 23, 2023 decision denying certification:
When asked at hearing whether it was accurate to describe herself as being fully cooperative with police in light of her removal of the handcuffs, Ms. McGonagle testified that it would have been uncooperative if police had specifically told her not to remove the handcuffs.
Now that's the kind of response I'd expect from a lawyer, and I might even hire her... and fire the police officer who didn't properly apply the handcuffs.
The Board is sympathetic to those who have remorse and who have changed their ways. Apparently, the reason the Board denied McGonagle's application for a Certificate of Qualification on May 12, 2023:
At every turn since 2010, Ms. McGonagle chose deception over candor.
Despite her past, she'd been hired to work as a law clerk in Superior Court of York County, for two justices. When interviewed for the position in 2020 she wasn't asked about her past evidently. And in the summer of 2021 Allison took the Bar exam and passed it.
Being of good moral character a supposed necessity to practice law in Maine, Allison appealed the Board's decision; she did that within days of getting their decision. Efficiency is a good skill for an attorney to have.
On August 31 a hearing was held, and on September 25, 2023 Justice Joseph Jabar remanded the case to the Board for issuance of a Certificate of Qualification! Surely having the two justices she clerked for, Mulhern and Douglas, testify on her behalf influenced the decision by the Maine Supreme Court justice.
The recordings of the meetings of the Commission investigating the Lewiston mass shooting are available, including the one I spoke at on November 20, 2023. The Chair, Daniel Wathen, tried to silence me a few times when I spoke about some of the interactions I've had with the police, and some of the horrible decisions of all of the judges on the Commission! And yes Mr. Wathen it is relevant.
I understand police are faced with difficult decisions, especially in domestic violence situations when two people need to have space from each other at least, yet they both have a right to occupy one residence. It's a problem in every state around the country. And I believe it was a problem in Robert Card's family, although that aspect of his life has not garnered much attention. Just as many people die every year in Maine by acts of domestic violence as died in the mass shooting.
Is verbal assault domestic violence? I mean it doesn't always lead to physical violence but sometimes does. In Maine about half of homicides are related to domestic violence. At the Maine State Police/Department of Public Safety the number of homicide deaths in 2023 is listed at 53; this includes the 18 mass shooting victims. I feel that the resources which police have to deal with domestic violence are not adequate. Since there's usually nowhere to bring someone except for jail, argumants which can't get resolved often turn violent.
Nobody's perfect, but it's clear that in Maine it's very difficult to get people in government held accountable. Will there be consequences for those who failed to take appropriate action? Will changes come in time to prevent another mass shooting?
You can use the search bar at the top left of my blog to search the names of the judges: Wathen, Gorman, and Rushlau to find out my connections to them... some of their dirty decisions.
The Commission investigating the Lewiston Maine mass shooting met again on March 4. I attended and listened to the stories of victims who survived, and family members and friends of those who didn't. They want answers, so something like this doesn't happen again...and solutions.
Eager to work on making Lewiston safer, I've been trying to find out the status of the safety committee which Mayor Sheline formed last fall, before Robert Card killed 18 people. I want to participate in the meetings. Despite that I've left messages a few times, nobody has returned my phone calls.
The mayor was at the meeting. Before it got underway, he walked over to where I had just sat. I gave him my business card for my cleaning business, PJM Cleaning, and wrote the name of my blog on the back. I told him that I've had some interactions with Lewiston police lately...and some were not good. I couldn't go into details.
After the meeting, which lasted from 9 am until 1 pm, I walked around the room asking who I should contact about the going-ons of the Safety Committee. A family member of one of the victims pointed to Brian O'Malley. So, I found out, he's the Deputy City Administrator for Lewiston, and a former police chief. He would not even take my business card, and couldn't get away from me fast enough.
The 131st Maine Legislature
Legislative Document LD 1771 - An Act Regarding Speedy Trials
From the Summary of the bill:This bill establishes time limits for the commencement of a defendant's criminal trial and provides remedies for when the time limits have been violated.
§1493. Remedy for noncompliance with time limit
If a trial does not commence within the time established by statute, the case shall be dismissed with prejudice.
The agreement notably goes beyond the commission’s direct control, relying heavily on outside cooperation from court officials, state lawmakers and county jails. Much of the settlement depends on the commission “successfully advocating” for increased resources and support.
“I just don’t know what that means,” she said. “Does that mean you have to bring sleeping bags to the appropriations table?
In its proposal to the supreme court, representatives from Husson said its law school would cater to nontraditional students, offer courses at night and during the day, and allow students to attend part time. As of Thursday, Husson had received 192 inquiries from potential students, mostly from northern and eastern Maine, said Julie Green, Husson’s spokeswoman.
...a 1994 ABA study that found that about four of every five civil legal needs for low-income families were not being met. Several subsequent state surveys found similar results.
Governor Mills appointed a Commission to investigate the apparent failures in Maine to find Robert Card and take his firearms...despite that there were many warnings that he would commit a mass shooting.
Who was Robert Card? Confirmed details on Maine gunman
I have concerns about all three of the judges who are on the Commission! And on Monday, November 20, 2023 I went to the capital where they met at 10 am, and voiced my concerns that these judges are not even being held accountable in their own professions for clearly erroneous decisions.
Concerning Judge Geoffrey Rushlau, in 2014 he was District Attorney for four Maine counties! Mainera are paying for the mistakes of Maine government employees.
Former Lincoln County Employee Settles Sexual Harassment Lawsuit
Rushlau forced her to resign in December 2014 under false and misleading pretenses, according to court documents.
Regarding the newly formed Commission, I forgot to ask at the meeting in November, if they would be paid, how much, and where the money would come from. Only a few other members of the public spoke at the meeting.
Many crimes are committed by individuals who either have prior histories of violence, drug addiction, or mental illness. In April of 2023 a Maine man, who had just been released from prison, shot and killed his parents and two other individuals, as well as injured total strangers.
In a second order also issued July 20, Ellsworth attorney Steven A. Juskewitch was similarly sanctioned for his "repetitive improper conduct and inappropriate action" for communicating with a woman who was not his client, and who had no lawyer, in an effort to obtain her signature "on documents that would ultimately benefit his client..."Huh, an attorney was reprimanded for doing what Judge Hunter had done to Pete: got his signature on a form from the District Attorney when Pete didn't have an attorney's help. When I tried to stop Pete from signing anything, and called out "don't sign", Judge Hunter imprisoned me. That morning I had asked the clerk for a form and filled it out with Pete; he hate's paperwork you know. The form was a request for an attorney, at the state's expense. This was regarding the Maine Game Warden's invasion of our home and taking of our family's guns under the guise of public safety. Pete had never asked to be pardoned for the "felon" conviction, which shouldn't have even been considered a felony.
In a Stipulated Report of Findings and Order dated July 20, Hancock County Assistant District Attorney William B. Entwisle of Sedgwick was sanctioned for "for improper actions and lack of appropriate professional judgment" arising from his failure to turn over discovery materials to the defendants or their lawyers in two separate criminal cases he was prosecuting.
The report found that in 2014, only 5 percent of the cases filed with the commission resulted in the commission finding reasonable grounds that there was a violation.You can see for yourself from the pdf's of the meeting minutes at the Commission's website. The MHRC didn't take Michael Aftkin's case, and he ended up winning a lawsuit against his employer.
Among the plan's supporters, Maine ACLU representative Bob Talbot notes that Maine spent $8.9 million enforcing marijuana laws in 2010, and that 47.9 % of all the state's drug arrests that year were for pot charges.Since legislators killed a bill to legalize pot recently, I read somewhere that it will be 2016 before any law legalizing recreational use could be passed and go into effect.
MaineCare is a $2.5 billion-a-year program, although federal funding and other revenue cover most of the cost. MaineCare will cost the state's general fund about $660 million this year.From a New York Times story on December 23, 2011, about Governor LePage's proposed Medicaid cuts:
Calling the state’s entitlement system “a runaway train,” he has proposed contentious changes, including some of the most drastic Medicaid cuts in the nation.But Dan Billings in May of 2010, before he was appointed as LePage's chief legal counsel, wrote about another, even larger debt train than Medicaid - it's Maine's unfunded pension obligations, totaling in the billions of dollars! Quoting Billings from the article:
You may wonder how Maine has more debt than the bonds approved by voters. Though the Maine Constitution strictly limits loaning Maine's credit "directly or indirectly," through the years politicians have been creative in coming up with numerous ways that debt could be incurred without voter approval. Unfortunately, Maine's courts, beneficiaries of this extraconstitutional debt, have upheld such schemes.
Maine also has unfunded pension obligations totaling nearly $4 billion. In addition, unfunded obligations for health care coverage for retired state employees, teachers and legislators is estimated to be more than $2.2 billion. These are bills that are certain to come due that will be paid by Maine taxpayers.
Current law only requires that legislators or high-level state employees report state purchases of goods or services worth more than $1,000 directly from the individual legislator or family member, not from a corporation or entity for which the legislator or family member works.
There is no disclosure form on file, for example, for the last month and a half that Kurt Adams served as chairman of the Public Utilities Commission in 2008.This link from one of the stories shows the names of the Maine officials and legislators whose companies, or companies owned, or partly owned or run by family members, were the major benefactors of our hard-earned tax dollars.
A New Jersey probation officer was quoted in published reports describing Fritze as dangerous, "a time bomb and an accident waiting to happen" when in possession of a firearm.However, grabbing guns from someone whose been labeled a "felon," as my husband has, but who has since changed his/her ways, is simply put a revenue-maker for the state. Laws which enable this do nothing to prevent true crime, and actually increase organized crime, committed by agents of the state and federal governments.
“The statute [as it is currently written] includes conduct that is unrelated to the statute’s purpose and is not rationally related to the evil the legislation sought to prohibit,”Allison was a guest on Rule of Law Radio, where you can listen to the archived show. The charges appear to have been in retaliation for Michael Allison exposing what is described at the Rule of Law website as "a massive car title theft ring implicating public servants of municipalities, sheriffs departments, and the State of Illinois." Wow!!!!!!!!!!!!!!!!!!
Her reasoning is that she defines the word “use” to mean using as a weapon and not in bartering transactions. She also goes on to state that she would overrule Smith, 508 U.S., at 241, and make the precedent both “coherent and consistent with normal usage.”