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#

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.

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.

York County (ME) Prosecutor, Thomas Miscio, Files Motion To Bar Public From Court Hearing

Can you stomach any more of Maine’s judicial system?

PPH reports “A York County prosecutor is asking the judge in a domestic violence case to exclude the public from a court proceeding scheduled for Friday and make whatever happens there secret.

In a motion filed late Thursday in York County Superior Court in the case of 33-year-old Paul Olsen, Assistant District Attorney Thomas Miscio said material could be introduced at Friday’s hearing that, whether true or false, could damage the careers of officers from the Eliot Police Department.

Miscio’s request comes just a week after a judge in Portland made a controversial ruling to prohibit the media from reporting witness testimony in a criminal case against a well-known Standish attorney, Anthony J. Sineni III, who was being sentenced on charges of assault and disorderly conduct.

Judge Jeffrey Moskowitz rescinded that gag order days later, admitted it was unlawful and apologized after the Portland Press Herald defied the order and First Amendment experts criticized it.

On Thursday, Justice John O’Neil Jr. left the courthouse in Alfred without ruling on Miscio’s motion, leaving it uncertain whether the public will be allowed into Friday’s hearing, which is scheduled for 2 p.m.

Olsen’s attorney, Amy Fairfield, hopes to convince the judge at Friday’s hearing that some of the officers who investigated the case against Olsen in 2012 have a proven record of falsifying police documents.”

Read more HERE.

UPDATE 1-16-15

Justice John O’Neil Jr. denied Assistant District Attorney Thomas Miscio’s motion.

PPH reports “Former deputy says Eliot chief knew officers falsified reports. The chief of the Eliot Police Department, Theodor Short, knew that a majority of the town’s police officers consistently falsified their patrol reports and he did nothing about it, the department’s former deputy chief said in York County Superior Court on Friday. Testifying during a hearing for an unrelated criminal case, former deputy chief Kevin Cady said he presented a 60-plus-page report to the chief documenting how he discovered that four of the department’s six patrol officers had repeatedly lied in their reports.

Cady said he gave the report to Chief Theodor Short in April 2009.

“He told me that I had opened a can of worms,” Cady said of Short’s response.

Another former Eliot police officer, Kevin Curran, also testified Friday that he had seen Cady’s report in the Eliot police station as recently as 2011.

But the police chief has told the court that Cady’s report never existed, according to attorney Amy Fairfield, who subpoenaed both former officers as witnesses in the criminal case. Short did not appear in court. But the town’s attorney, Asha Echeverria, defended him by saying that no finalized report exists and no officer wrongdoing had been proven.

Court recessed for the day Friday before the conclusion of the hearing. Testimony is expected to resume within the next few weeks at a date to be determined.

“This absolutely needs to be done in public,” Fairfield said after court adjourned. “It keeps people honest. They need to know that people are watching. There are a lot of good cops out there, but there are some who are not so good.”

Read more HERE.

Related:  Judge Jeffrey Moskowitz Apologized And Acknowledged That His Order Was Not Lawful, click here.

Kennebunk (ME) Prostitution Case,  2-14-13, 2-22-13 click here. – People are still questioning if the DA made the deal so the other prominent names do not become public. They wonder why the Press Herald or the News Media have never gone after that list.

Freedom of Access requests to York  County D.A. FOIA – clarification, February 7, 2013

FOIA response from D.A. Kathryn Slattery, dated February 14, 2013 claiming the remaining suspects have not been charged.

Why weren’t the remainder summoned?

Published in: on January 16, 2015 at 2:14 am  Comments (30)  

Former Maine Attorney General Jim Tierney Should Have Been As Concerned About Mainers When He Was A.G.

View: Most Revealing Video

Also view: The Quigley Formula

BDN reports ” Former Maine Attorney General James Tierney told a Portland audience Tuesday evening that the state’s economy will depend on its ability to attract — and accommodate — newcomers from foreign countries.

“We are so old that we have got to attract people to come to Maine from someplace else. I don’t care what color they are, I just want them to come here,” Tierney said. “We’re not talking about affirmative action, we’re not talking about doing people favors. We’re talking about doing ourselves a favor if we can figure out this diversity issue.”

Tierney joined Eva Millona, a former Albanian judge and executive director of the Massachusetts Immigrant and Refugee Advocacy Coalition, as keynote speakers in a panel discussion about economic growth and immigration.

The talk was the first in a series of five such public discussions scheduled for Portland through June, and comes against a backdrop of an ongoing dispute between city officials and Gov. Paul LePage over the distribution of aid money to undocumented immigrants…. immigrants are 30 percent more likely to start their own businesses than native-born U.S. citizens.

“If immigrants succeed, we all benefit,” said opening speaker Tim Honey, president of the World Affairs Council of Maine.  “If immigrants don’t, we all pay the price.”

Tierney said that Maine’s aging population represents an economic crisis, and the state’s only chance to avoid economic ruin will be to welcome immigrants to replenish its population. “We are no longer a state with people looking for jobs, we’re a state with jobs looking for people,” Tierney said. “We have jobs in this state, which we’re losing because we do not have people to fill them.”

The former attorney general said Mainers must reject the “politics of fear” and embrace programs that create opportunities for immigrants.”

Read more HERE.

“If immigrants succeed, we all benefit.” “If immigrants don’t, we all pay the price.”

Hard working Mainers have “paid the price” through the “theft” of their small businesses and loss of livelihood through the failure of accountability within the State of Maine. Can we do “ourselves a favor” and put Mainers first….let’s start with accountability and restitution of the losses of livelihoods!! Then, perhaps, people will have trust that their hard work will not be “ripped out” from under them, decide to stay in Maine and start their small businesses. Brushing crimes “under the rug” does not move Maine forward…wake up!

Isn’t it high time that our elected officials listen to some real problems facing Maine’s economy? They can only learn by speaking with the people who have been “tossed out” of their system, rather than those who “control” their system.

World Affairs Council of Maine
Board of Directors, click here.
Maine International Resource Directory, click here.

Council on Foreign Relations (CFR) – Mission, click here.
CFR Membership Roster, click here.

Related: Police brutality during the tenure of A.G. Jim Tierney – Maine Exposed EPISODE 45, listen here.

Judge Moskowitz Finally Gets Caught By Someone Other Than FTM Running His Kangaroo Courtroom

Falmouth Today
January 8, 2015
By Editor:

“Don’t for a minute think this is aberrant behavior by Moskowitz; it’s just the first time there was someone in the room to catch him in the act. Of all the judges FTM has observed in Maine (nearly everyone of them in the last 12 years) including the crazy woman judge in the Kennebec County Courthouse that went berserk when we asked “how many continuances would the court give the DA”, Moskowitz is the single most incompetent baboon (in our opinion) ever to sit on the bench and is a disgrace to the entire judicial system in Maine.”

Judge rescinds media gag order, view entire hearing, click here.

“Fact: Moskowitz allowed perjured testimony to go unchallenged after the Defendant obtained the proof of the perjury. Perjury suborned by Attorney Nicholas Walsh.

Fact: Ordered a mother of four daughters, who went from a stay at home Mom, to a two weekends, a month visitor with her kids, to pay her husband’s lawyer $8,000 legal fee for one day in court as punishment. What was her crime? She picked up her kids at the bus stop and took them to breakfast and then to school. Moskowitz said in court “I will do this every time you disobey my Visitation Orders.”

Fact: Ordered a mother of three kids, one with special needs, and living at the Federal Poverty level to pay $7,957 to the Guardian Ad Litem at $100 per month. The woman told FTM to comply with this order her and the three kids would have to give up eating ANY FOOD one day every week for almost seven years.

This is the kind of Prize Judge turned loose on the people of Maine by Governor Baldacci.

Second prize, would be two judges like Moskowitz.

How did Sineni get four felonies reduced to two misdemeanors that will disappear if he behaves himself for two years? A potential 20 years in jail reduced to zero! Stolen guns, perhaps in payment from one of his clients, because you never know when you might need an untraceable firearm (a cold piece) to kill an ex-girlfriend while you might be high on the chemical of your choice. How does Sineni qualify to be SOLE guardian of his two biological kids and one NOT his? If this guy is father of the year what was his ex-girlfriend like or the father of kid number 3?

Here’s a scenario that was given to FTM by sources involved in the Maine Criminal Court System. Sineni had a client or clients such as drug dealers and pimps that wanted Sineni to use some dirt on Moskowitz to lessen their own sentence. FTM was told Sineni possibly had a big chip to play when he needed it (women beaters usually get caught when the woman goes to the hospital or cemetery) and never wasted it on a client. Well this week FTM was told that chip was cashed in, and poof, 20 years disappeared all the way down to no record after 2 years. You have to wonder how big that chip was that covered how much illegal activity? Can you say Zumba video of someone getting down and dirty? We’ll never know for sure until the bodies float to the surface.

Will Moskowitz be thrown off the bench for disobeying the U.S. Constitution? Of course not, he’s just as untouchable as Sineni said he would be when he beat the charges. Different rules for the Ruling Class, the rest of us peasants get 20 years.”

Related: Judge Jeffrey Moskowitz Apologized And Acknowledged That His Order Was Not Lawful, click here.

Published in: on January 9, 2015 at 10:11 pm  Comments (6)  

Judge Jeffrey Moskowitz Apologized And Acknowledged That His Order Was Not Lawful

Update 1-22-15

PPH reports “A judge has ruled that a criminal defense attorney who is under supervision for committing crimes is temporarily barred from representing any clients being prosecuted by the Cumberland County District Attorney’s Office.

Anthony J. Sineni III, 52, of Standish was sentenced on Jan. 5 for assault and disorderly conduct, with terms that included supervision by the Cumberland County District Attorney’s Office for the next two years.

Justice Roland Cole issued his order on Jan. 16, limiting Sineni’s legal practice with regard to criminal cases brought by Cumberland County District Attorney’s Office, but not other prosecutors’ offices, said Mary Ann Lynch, the Judicial Branch spokeswoman. “Justice Cole told Mr. Sineni that it would be a conflict in his view to defend clients going against the District Attorney’s Office when he is paying the District Attorney’s Office a supervision fee,” Lynch said.
Read more HERE.

So this is his sentence?

Related:  Judge Moskowitz Finally Gets Caught By Someone Other Than FTM Running His Kangaroo Courtroom, click here.

*********

Judge rescinds media gag order (video – WCSH6), click here.

BDN reports “District Court Judge Jeffrey Moskowitz on Wednesday reversed a previous order restricting media coverage of testimony in open court and apologized to a Portland Press Herald reporter for what the judge described as an unlawful demand.

On Wednesday, Moskowitz explained his initial rationale for the gag order and acknowledged that, in hindsight, it was illegal and a mistake.

The judge said his order likely would have been considered immediately void due to the fact that it was illegal, but to clear up any possible dispute, he officially rescinded it. He then singled out Dolan, who was in attendance covering the brief hearing Wednesday.

“I want to take the opportunity to apologize to Mr. Dolan for placing him in a very awkward position on Monday, and I appreciate the professional way in which he has proceeded since then,” Moskowitz said. “In order to rectify the error I made on Monday, I’m ordering that a transcript of the proceeding be made available to the public as soon as possible.”

Redding (news director for WCSH) told the Bangor Daily News on Wednesday he still had mixed feelings about how Moskowitz handled the situation.

“Today I have a lot of questions. Obviously the judge was gracious in his apology for making the gag order in the first place and I commend him for his openness and willingness to take it head on,” he said. “But the journalist in me says something doesn’t add up. While the judge was saying he did all this to protect the witness, I was watching that witness. She was clearly shaking her head back and forth in disagreement. So I’m left unsatisfied with the reasoning.”

The gag order multiplied media attention for a case that otherwise may have been headed for a quiet resolution Monday.”

View video and read more HERE.

Journalists Challenging Judge Jeffrey Moskowitz’s Order…The Egg Has Cracked, click here.

Michael Redding, news director for WCSH,  told the Bangor Daily News “he still had mixed feelings about how Moskowitz handled the situation”, he had “a lot of questions”, and “something doesn’t add up.”

Perhaps Mr. Redding could assign his reporters to sit in on court cases and let them witness for themselves the injustices metered out in Maine courts. There are plenty of cases out there that need true and fair reporting.

Some questions for Mr. Redding and all reporters to ponder:

Judges/attorneys know, or should know, the law; Judge Moskowitz didn’t know he was violating the law and the constitution on the day of his order?

Why did it take media attention for Judge Moskowitz to realize his order was unlawful, null and void?

Do reporters think that Judge Moskowitz is the only judge who issues unlawful, void orders?

Do reporters think that this case is unique and that no other Maine judges violate constitutional rights in the courtroom?

Mr. Redding, something “does add up”….the genie is out of the bottle.

 

Another interesting point:

Attorney “Sineni’s criminal case may have concluded but his legal career faces scrutiny from the Maine Board of Overseers of the Bar.

Under the rules that govern attorneys licensed to practice in Maine, a lawyer convicted of a crime must inform the board of that conviction within 30 days, Jacqueline M. Rogers, executive director of the board, said Wednesday.

“We were made aware through news reports of the charges pending against Mr. Sineni and Bar Counsel [Scott Davis] has opened an investigation,” she said.

Davis will determine whether the matter should be referred to a disciplinary panel, which would hold a public hearing.”

Will the BAR uphold the law any more than the Committee on Judicial Responsibility and Disability, a committee of judges judging judges? Is this not a conflict of interest?  Is this not newsworthy?

Here is a great reference, research, informative and educational tool for everyone! Click here.

All power is inherent in the people (original constitution of Maine 1820 – Art. 1, Sec. 2)

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.

Where Did The Original Constitutional State Go? by Maine Author Lise Dupont

Where Did The Original Constitutional State Go?

This is a great reference, research, informative and educational tool for everyone! A must read for ALL legislators.

You can order the book on line through Barnes and Noble  orAmazon.com, click on the link.  SPREAD the word.

Related: Talkshoe Radio With Guest Lise DuPont on Wednesday evenings. For info and archived programs, click here.

JUDGE MARY KELLY ACCUSES REPORTER OF ATTEMPTING TO PRACTICE LAW

Source: Falmouth Today

August 13, 2014
By Editor
:

“Early the morning of the 6th our reporter was asked to record a pre-trial conference and to provide recording services of what was said at the bench, for the Defendant, who is representing herself in divorce proceedings with her husband, a lawyer, and is requesting money so she can hire a lawyer.

It seems the act of walking to the bench to place the recording device at a location that would allow the Rule 76H to actually be effective, was considered by Judge Kelly to be ‘advocating’ for a party to the case.

You can hear Judge Kelly admonish the reporter on the audio link, click here.

Perhaps if everyone coming to court recorded for themselves what was being said, the conduct of lawyers and judges might improve to the point the amount of lying would be reduced to a manageable amount. One Judge, in another case, opined that if a lawyer didn’t consider what he was doing was a conflict of interest, he had no need to disclose the ‘potential’ conflict to the client. WHAT? Wouldn’t you like to have a recording of that judge? In this case the Defendant relates that during this recording the Plaintiff’s lawyer was less than ‘accurate’. Now that victims are aware of Rule 76H we wonder how long it will be after victims of lawyers and courts start using the Rule, before it will be removed from the Rules of Civil Procedures.

We’re told by sources in the courthouse that “Victim Advocates” practice more law in the courtroom than a reporter doing a favor for a Pro Se victim of the Family Court System does by providing an audio recording device to assure the Defendant can have their own unadulterated version of what transpired.

Our Maine courts get a D+ or an F depending on the rating service used.”

Published in: on August 27, 2014 at 4:52 pm  Comments (3)  
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