All parties in our case have been prohibited from engaging in pretrial public statements on the internet. The order which was originally brought before the Judge by the Governments attorneys.
The Judges court order also mandated that all the press releases mentioning Carrie and Guy Neighbors name and case be removed from the DOJ press release page. Including all press releases about Jim Ludwig and Louis Parsons. The Judges words in court were that "From now on we will litigate this case in a court room where both sides will have an oportunity to defend themselves".
The Prosecutor has conspired with police officers and forever taken away that right that was "promised" to me by the Judge in this case.
This false press release that was aired on WIBW 13 news, various other news channels, news papers both online and in print, and on the DOJ website is a deliberate and calculated act of Federal obstruction of Justice,and is a direct violation of the court order; in contempt of court and has the potential to damage my presumption of innocense and my Constitutional right to a fair trial. Even absent of the court order the Governments Attorney's right to publish prejudicial press releases in a pending case close to trial, is limited outside the courtroom, see, e. g., Sheppard v. Maxwell, 384 U.S. 333, 363. Cf. Seattle Times Co. v. Rhinehart, 467 U.S. 20.
If the Prosecutor and cops are allowed to continue to destroy my rights as the accused no one should consider himself safe from the law that once stood to protect us all. With this press release the Prosecutor has turned my presumption of innocense into a joke and police have been bragging about its potential to shut me down by the end of the week; all week!
In Gentile v. State Bar of Nevada 501 US 1030; The Supreme court sites Rule 177, which prohibits a lawyer from making extrajudicial statements to the press that he knows or reasonably should know will have a "substantial likelihood of materially prejudicing" an adjudicative proceeding.
The unproven allegations are flimsy and the witnesses are purchased. Even if I were wrongfully proven guilty there are no known victims in the case.
Allowing the prosecutors actions in this case is resulting in the wrongful destruction of my rights as an American Citizen, making the entire judicial system charged with the duty to secure my constitutional protections a failure.
Sunday, December 20, 2009
Hyde Amendment (Justice Act) AEJA
Federal Prosecutor overstepped
government counsel step over ethical lines.
House Judiciary Committee Chairman Henry Hyde (R-IL) has been a leader in seeking to enact thoughtful legislation that would restore balance to the government-versus-citizen equation. Despite the high regard with which he is held on both sides of the aisle, the Hyde Amendment was diluted through Justice Department lobbying so that in its current format that statute is now closely modeled on the Equal Access to Justice Act (EAJA) (except that the burden of proof under the Hyde Amendment is now placed on the defendant to show that a prosecution was without justification). Both statutes impose a short -- 30-day -- time period after final judgment to seek reimbursement, cap the hourly rate of defense counsel, and exclude wealthier individuals and corporations from their purview.
There is now pending in the House of Representatives a very popular, bi-partisan bill that would make it plain that the government may not exempt its lawyers or other agents (e.g., Internal Revenue Service (IRS), and Federal Bureau of Investigation (FBI) investigators) from these state bar and federal court rules of conduct. It would also subject charges of federal prosecutorial misconduct to independent oversight, rather than the Justice Department's own, self-policing office.
The bill, H.R. 3396, was introduced by the senior Republican in the House, Joseph M. McDade (R-PA), along with his Democrat colleague John Murtha (D-PA). Congressman McDade suffered his own eight-year ordeal of government investigation and trial on RICO charges before finally being (quickly) vindicated by a jury. The bill has, in just a few months, garnered over 160 co-sponsors, including key members of the House leadership and a dozen committee chairmen. This legislation is long overdue.
http://www.criminaljustice.org/CHAMPION/ARTICLES/98jul01.htm
government counsel step over ethical lines.
House Judiciary Committee Chairman Henry Hyde (R-IL) has been a leader in seeking to enact thoughtful legislation that would restore balance to the government-versus-citizen equation. Despite the high regard with which he is held on both sides of the aisle, the Hyde Amendment was diluted through Justice Department lobbying so that in its current format that statute is now closely modeled on the Equal Access to Justice Act (EAJA) (except that the burden of proof under the Hyde Amendment is now placed on the defendant to show that a prosecution was without justification). Both statutes impose a short -- 30-day -- time period after final judgment to seek reimbursement, cap the hourly rate of defense counsel, and exclude wealthier individuals and corporations from their purview.
There is now pending in the House of Representatives a very popular, bi-partisan bill that would make it plain that the government may not exempt its lawyers or other agents (e.g., Internal Revenue Service (IRS), and Federal Bureau of Investigation (FBI) investigators) from these state bar and federal court rules of conduct. It would also subject charges of federal prosecutorial misconduct to independent oversight, rather than the Justice Department's own, self-policing office.
The bill, H.R. 3396, was introduced by the senior Republican in the House, Joseph M. McDade (R-PA), along with his Democrat colleague John Murtha (D-PA). Congressman McDade suffered his own eight-year ordeal of government investigation and trial on RICO charges before finally being (quickly) vindicated by a jury. The bill has, in just a few months, garnered over 160 co-sponsors, including key members of the House leadership and a dozen committee chairmen. This legislation is long overdue.
http://www.criminaljustice.org/CHAMPION/ARTICLES/98jul01.htm
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