Justice Nancy Mills Disqualifies Entire York County District Attorney’s Office From Prosecuting A Domestic Violence Case

PPH reports “A judge has disqualified the entire York County District Attorney’s Office from prosecuting a contentious domestic violence case, and also ruled that Eliot police officers may be cross-examined by the defense, resurrecting allegations that a majority of them routinely falsified patrol reports.

Justice Nancy Mills issued the rulings last week in the criminal case against Paul Olsen of Eliot, finding that Assistant District Attorney Thomas Miscio knowingly intercepted confidential documents written by Olsen’s attorney that contained the defense’s trial plans and read them without informing the court of the breach as he is required to do.

Mills learned of Miscio’s actions on May 4, the day before the 34-year-old Olsen was due to stand trial for allegedly assaulting and raping his former girlfriend at her home in Eliot in 2012. Mills immediately called off the trial, and said in her follow-up order Thursday that either the Maine Attorney General’s Office or another district attorney’s office will have to take over prosecuting the case.

“In this case, the state’s attorney should have known the information in the documents was privileged,” Mills wrote in the five-page ruling. “The disclosure of the information cannot be undone.” Read more HERE.

WMTW8 reports “Judge rules prosecutor saw privileged defense information in Paul Olsen case. “The state’s attorney’s reading the information was not inadvertent,” Mills wrote. “The disclosure of the information cannot be undone.”

Mills also issued another decision in the case, ruling that Olsen’s defense team could ask members of the Eliot Police Department if they have ever lied about their whereabouts while on duty.

“The defendant may inquire on cross-examination about the alleged misconduct by Eliot Police Department officers,” Mills wrote.
View report HERE.

Why wouldn’t the same ruling be consistent with a related case? (Now former) York County D.A. Mark Lawrence was in possession of confidential information/documentation relative to a “scheme” devised by Biddeford city officials, Police Chief Roger Beaupre and others. It was believed that D.A. Lawrence would investigate, indict and prosecute where the evidence demanded. D.A. Lawrence jumped the fence and prosecuted Lafortune with her evidence in his hands. Lafortune’s attorney was not allowed to present evidence, nor witnesses.

LAWRENCE, MARK D.A. LETTER JUNE 6, 2003.

Behind the Black Robes: Failed Justice, Author Barbara C. Johnson, click here.

FOIA-Judge David Kennedy, click here.

Judge David Kennedy, FOIA reply, click here.  Attorney General Janet Mills did not reply…she “passed the buck.”

Players in this case are the same ones in “Biddeford (ME) Police Department Exposed!” Click here.

There is more going on with the City of Biddeford than meets the eye!

Talkshoe Radio – Maine State Bar Association…100 Years of Law & Justice (1891-1991)

Wednesday, March 11, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Archived program, EPISODE 56, click here.

*Note: The Maine Supreme Court issued their opinion in the Question of Law presented to the court by Gov. LePage….We started the program with the opinion and didn’t get into the 100 Years of Law and Justice which ties in to the opinion. We will continue part 2 next week.

OPINION OF THE JUSTICES

Click here to join in online.

100 Years of Law & Justice (1891-1991),  click here.

1891 Act Incorporating Maine State Bar Association, click here.

When Maine Leads The Nation

Courtesy of For The People

“Child pornography is, unfortunately, quite an active past time for MANY governmental leaders and officials. So much so, that our illustrious governor, Paul LePage, felt the need to issue an executive order on February 20, 2015, prohibiting Maine state employees from accessing pornographic or sexually explicit material on both state computers or devices even when they were off-duty on personal time.

This executive order is the first of its kind in the USA. It is a very sad state of affairs when a governor of a state has to pass an order to his state workers directing them that they can’t use state property to watch (and thus participating in) the abuse of children! Not only are our state employees corrupt, but they are also so sick minded, that an official order must be given to protect our children from the very people who are supposed to be protecting them in the first place!

And the reason for Governor LePage’s executive order shows further the corruption in the offices of Maine’s state officials. He has been waging a public battle with Maine’s AG, Janet Mills (D). Our state is the only state in the country where the attorney general is neither elected by the general population nor appointed by the governor. Here, the AG is elected, solely, by the state representatives. This is a huge problem in that it enables and protects massive state-level corruption among state legislatures who are protected against prosecution for their crimes under “prosecutorial discretion” by the AG they elected to office.”  Read more HERE.

 

This begs the question “where is accountability?” No official will address this issue! They are concerned with their “political career.” It is time for Maine people to see how the Legislators conduct their own actions of ignoring public presentations of written evidence and how they believe in their own favoritism of fellow legislators and attorneys. The Governor can issue all the executive orders he wants, nothing will change without accountability…they are quick to prosecute, persecute innocent victims, but continue to shield their own.

Are you comfortable paying the salaries of these state employees? Would you get away with this at your place of employment?

The original Constitution of the State of Maine (1820) states in part in Article V, Part First, Executive Power, Section 8: “He [Governor] shall nominate, and, with the advice and consent of the Council, appoint all judicial officers, the Attorney General, the Sheriffs, Coroners, Registers of Probate and Notaries Public……….” Read more HERE, and listen HERE.

Listen to interview with Rep. Rick Long, click here.

Related:  Public Exposure Moves Maine’s Attorney General Janet Mills, click here.

Talkshoe Radio – Discussion On “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills…Oral Argument

Wednesday, March 4, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Archived program, EPISODE 55, click here.

Click here to join in online.

Related:  Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?” Click here.
Wednesday, February 4, 2015 broadcast, Archived program, EPISODE 51, click here.

Talkshoe Radio – Update on Article V Constitutional Convention Forum and “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills, click here.
Wednesday, February 25, 2015 broadcast, Archived program, EPISODE 54, click here.

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills, click here.

Talkshoe Radio – Update on Article V Constitutional Convention Forum and “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills

Wednesday, February 25, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Click here to join in online.

Archived program, EPISODE 54, click here.

 

Related:  Talkshoe Radio – Discussion on the Article V Constitutional Convention with Special Guest Deborah Stevenson, click here.

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills, click here.

Talkshoe Radio – Office of the Attorney General and the 1855 Amendment

Wednesday, February 18, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Archived program, EPISODE 53, click here.

Click here to join in online.

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills

State of Maine 1855 Amendment

The “Brief” Dispute Between Maine Governor Paul LePage and Attorney General Janet Mills

Talkshoe Radio (February 4, 2015) – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?” Click here.

Attorney General Janet Mills Asks The Maine Supreme Judicial Court Not To Take Action On Governor Paul LePage’s Questions, click here.

Documents:

Recording of oral argument on February 26, 2015

OPINION OF THE JUSTICES

Attorney General Janet Mills Asks The Maine Supreme Judicial Court Not To Take Action On Governor Paul LePage’s Questions

PPH reports “The governor has asked the Maine Supreme Judicial Court to weigh in on whether he needs permission from Janet Mills to hire outside legal counsel in some cases.

Attorney General Janet Mills is asking the Maine Supreme Judicial Court to take no action on Gov. Paul LePage’s query last month on whether he must seek permission from Mills to hire outside legal counsel in cases where her office declines to defend the administration’s position.

Mills argued in papers filed Friday that the state’s highest court should find that LePage’s “request for opinion” sent on Jan. 23 does not meet the legal hurdle for the court to even consider it. She also argued that one question the governor posed has already been answered by the court in a 1989 ruling and that the other is overly hypothetical.

Lawyers for the governor, however, argued in their own brief filed Friday that LePage is asking serious questions that require an immediate answer. They argue that the court should find that a “solemn occasion” – the required legal hurdle for the justices to hear the questions – exists, and that LePage should be allowed freedom to hire outside lawyers as he chooses.

LePage’s letter to the court asking for intervention in his dispute with Mills marks the first significant effort in the Republican governor’s administration to strip power from the Democratic attorney general, who is elected by the Legislature as the state’s top legal officer.

The court plans to hear arguments on the governor’s request on Feb. 26. Friday was the deadline for the two sides and any other interested party to file briefs for the court to consider before oral arguments. The sides have until Feb. 13 to file additional responses.”

Read more HERE.

BDN reports” Attorney General Janet Mills says the Maine Supreme Judicial Court should ignore questions from Gov. Paul LePage about whether he must continue seeking her approval before hiring outside lawyers to represent the state.

If the attorney general refuses to represent the state in court, the state must obtain her permission to hire an outside attorney.

Mills argued in her brief that state law and previous Maine Supreme Judicial Court opinions make clear that the attorney general is responsible for approving outside counsel to represent any state agency.”

Read more HERE.

A.G. Mills “is responsible for approving outside counsel” and “the state must obtain her permission to hire an outside attorney.”

Peter Brann also filed a brief into this case. Brann was “Assistant Attorney General and then State Solicitor in the Attorney General’s Office between 1981 and 1999. Peter Brann now a partner at Brann & Isaacson, which has been hired as outside counsel on behalf of the State, with the Attorney General’s written approval, in a number of matters.”

Brann states in his brief “Moreover, the Attorney General and his staff are not the equivalent of a private law firm.”

They get around it…..sure has the appearance that the AG has a “private law firm” in its pocket.

Is the “fix” in? Does Peter Brann stand to gain financially with the status quo?

Related:  Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?” Click here.

Talkshoe Radio – Discussion on Governor Paul LePages’s Request For Opinion of the Justices With Phil Merletti and Lise DuPont, Author of “Where Did The Original Constitutional State Go?”

Wednesday, February 4, 2015
9:00 PM EDT

Call in Number: (724) 444-7444
Call ID: 27398#

Click here to join in online.

Archived program, EPISODE 51, click here.

 

The ongoing dispute between Gov. Paul LePage and Attorney General Janet Mills has reached the Maine Supreme Judicial Court. Governor LePage requested an Opinion of the Justices regarding the proper constitutional responsibility and relationship between the Chief Executive and the Attorney General.

Governor LePage’s letter to the Maine Supreme Court, click here.

Maine Supreme Court Order, click here.

State of Maine 1855 Resolve, click here.

1975 Amendment

1975, Public Law – AN ACT Redistributing the Powers of the Executive Council

Maine Constitution (1820)

“Where Did The Original Constitutional State Go?”, author Lise Dupont. Click here.

Journalists Challenging Judge Jeffrey Moskowitz’s Order…The Egg Has Cracked

WCSH6TV reports “Some local news outlets, including NEWS CENTER, are challenging a local judge on an order he issued in court Monday.

NEWS CENTER’s attorneys agree that this order is unconstitutional, and therefore, we are going to report the complete series of events that took place in court.

Anthony Sineni, who is a well-known lawyer, pleaded guilty to two misdemeanor charges that stemmed from a domestic incident involving Sineni’s former girlfriend and the mother of his children. She was the only witness who testified in court. She spoke at length about the abuse she allegedly suffered at the hands of Sineni. She described the violence in detail and said that Sineni had told her children not report the abuse to police.

When Judge Moskowitz called Sineni’s case, he addressed the three members of the media in the room, which included a reporter and a photographer from WCSH-TV, and instructed them not to record any of the testimony given by witnesses. That’s a request often made by judges and NEWS CENTER generally complies with it. Moskowitz then further instructed the press not to report any of the witness testimony. When the Portland Press Herald’s reporter was asked for time to call his lawyer, the judge refused and proceeded with the case.

NEWS CENTER has hired First Amendment attorney Jonathan Piper to assist us in handling this matter. He said he was shocked to learn that there was an order telling the press what they could report in an open court proceeding.

“This is one of those unfortunate instances where a judge has made a decision that they probably wish they hadn’t made, and the media, not just locally but nationally, is going to link arms and make sure that decisions like this don’t happen” Piper said. He also emphasized the importance of Freedom of the Press in the courtroom.

“Courts impose sentences. They put people in jail. They fine them. And if we don’t know the reasons why courts do what they do, we are all in trouble,” he said.

NEWS CENTER is also filing a formal complaint with the court, and we received a phone call from the court Tuesday afternoon saying the judge is calling a hearing Wednesday to “clear things up.” NEWS CENTER will attend the hearing and will report the proceedings.”

To view NEWS CENTER report and read more, click here.

BDN reports “The unprecedented oral order, issued by Judge Jeffrey Moskowitz, drew criticism Tuesday from First Amendment advocates.

“This order is a major strike to the First Amendment and the public’s right to know about its court system and those accused of crimes,” Justin Silverman, executive director of the New England First Amendment Coalition in Westborough, Massachusetts, said Tuesday in an email. “It is pre-publication censorship and almost certainly an unconstitutional prior restraint. It is disappointing that a judge of this stature would disregard such fundamental First Amendment protections.”

The gag order was announced at a hearing where Anthony J. Sineni II, 52, of Standish, a criminal defense lawyer in southern Maine, was convicted on one count each of assault and disorderly conduct, both misdemeanors. The plea agreement was a result of negotiations with the Maine attorney general’s office, which prosecuted the case, Sineni’s attorney, Christopher Largay of Bangor, said Tuesday.

In exchange for Sineni’s plea, a misdemeanor count of domestic violence assault, three counts of witness tampering and one count of possession of a stolen gun or guns were dismissed, all of which are felonies, Largay said.

Moskowitz scheduled the unusual hearing for 11 a.m. Wednesday, according to Mary Ann Lynch, spokeswoman for the Maine court system.”

Read more HERE.

Related:  Judge Jeffrey Moskowitz To Serve As Deputy Chief Judge Of The Maine District Courts, click here.

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