Tuesday, August 19, 2014

Could Cupcake Trachta be Prosecuted For Official Oppression?

According to our Superior Court,
"[A]policeman wearing his badge of office, his uniform, pistol and nightstick carries with him at all times two unstated veiled threats, two capabilities: one is the use of force, the other is the power to arrest. These capabilities are known to people with whom the police officer deals and, together with a proper respect for his office, they engender an attitude of circumspection and deference. This attitude is greatly to the advantage of the police themselves. It affords them an important measure of protection and enables them to perform their official duties. Of course, it is also in the interests of the state to encourage this attitude. Thus, it becomes all the more important that improper actions taking advantage of this authority be within the scope of the crime of official oppression. The legislature has clearly provided for this coverage with the broad language of the statute."
That broad language is contained in the Pennsylvania crime of official oppression:
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity commits a misdemeanor of the second degree if, knowing that his conduct is illegal, he:

1) subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien or other infringement of personal or property rights; or

(2) denies or impedes another in the exercise or enjoyment of any right, privilege, power or immunity.
Nazareth Police Chief Thomas "Cupcake" Trachta, whose ego was bruised by tiny FT stickers, arrested three residents without any authority. He embarrassed them with a staged perp walk because, as he told them, they had embarrassed him. he knew this conduct was illegal. He also prosecuted them illegally for exercising their First Amendment rights. He told one Defendant's mother that she could not speak to her son. He concocted a victim after charges had been filed.

This certainly sound like official oppression to me. But that's outside my pay grade.

55 comments:

Anonymous said...

He embarrassed the big bad boys who stick yup garbage in the middle of the night. Ah, poor babies. How will they be able to carry on with their productive lives.

Time for a 7-11 conclave of the oppressed. Bring your own cigarettes.

Anonymous said...

The cigarette hate reads like the script of the movie Footloose. Next, there will be immoral dancing.

Olga Phuqyasef said...

Maybe you should hook up '''cupkake" with your ex-girlfriend Mezzacrappa.

Bernie O'Hare said...

According to Mezzacappa, she was my "intimate partner", which is news to me. She has also testified that she is Jim Gregory's girlfriend, which is why he has stayed in state prison.

Anonymous said...

FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA
FT = FIRE TRACHTA

Anonymous said...

First things first. First fire Chief Trachta, then fire Officer Troxell, then impeach Mayor Strye, finally vote out head of the police committee chair Councilman Carl Fiscal. All four little boys are responsible for the actions and ability of each other. Officer Troxell answers to Chief Trachta, Chief Trachta answers to Mayor Strye, Mayor Strye is helped by councilman Carl Fiscal. These boys have legal consequences coming their way, because they choose to do nothing! It's called vicarious liability folks! If it can be proven in a court of law that any of these four had prior knowledge of officer misconduct and they choose to do nothing. Then we the citizens of Nazareth Borough are going to pay out big time! That being said these four are also going to lose their homes and any retirement pension funds they have one had.

Anonymous said...

@ 3:52 Time for some more drinks and maybe working on your briefs, Tricia. As usual, you're bending things in a pretzel to justify your agenda.

Trachta was embarrassed, and in response he behaved like a child, not the person of authority he is. The comment the judge made was earned by Trachta, and now Naz will be dragged into a lawsuit as a result.

Don't blame the victims paraded in shackles, for what you describe as spreading "garbage", which was in reality tiny stickers. Who does a perp walk for that? And did anyone see them committing this purported criminal act?

Anonymous said...

Any action in the big "Mezzacappa v. O'Hare" lawsuit filed this year? Last thing seen in her Bog was that she was taking a dump, and the preliminary objections were on the shelf above the water closet 2 weeks after you filed them.

Bernie O'Hare said...

No action at the moment. Summer hours.

Anonymous said...

Attention attention.There is a new dress code for chief cupcake,and Danny boy Troxell.Kiss your kids good bye.Tell them you will see them in 5to7years your new look is going to be in orange dress jump suit's. Troxell can wear his backwards.The only thing different is it's orange,don't forget to moan and say stop it hurts.Just to make your new man fell good,you know just pretend you're still virgin.Wink wink.

Anonymous said...

Bernie, what are with the police cars being parked at intersections around town lately? Are they trying to cut back on salary so when they get sued they can pay the bill? Also does the manikin sitting in the car get paid?

Bernie O'Hare said...

That's one idea I actually like. It encourages people to slow down or stop at stop signs. I also like the idea of rotating locations. Also, it screws up the bad guys. Right now, all they need do is drive by the police station and see how many cruisers are on the lot to know if cops are out in force. I've seen several times that all cars have been parked on the lot, meaning no cops are on duty. This is giving would-be thieves an advantage. Taking a few cruisers out to different locations makes it much more problematic to know if cops are working. I like the idea, even if it comes from Trachta. My one question would be why did it take him this long? But better late than never.

Anonymous said...

I think the idea of having unmanned patrol vehicles are a clear sign alright! Except the sign says hey we don't have enough police officers to patrol our streets. We're are the eight full-time police officers, we had a few years ago? I tried to ask the Mayor this question and he snubbed me. Like my concerns didn't matter because he's a dictator! Same thing with Chief Trachta. He told me it's because he runs the department as he sees fit. Who the hell then said that Chief Trachta is mentally fit to be a police Chief for Nazareth P.D. ?

Anonymous said...

I would prefer a location changing cruiser parked with a mannequin over somebody like Trachta having the use of a radar timing device. Imagine all the perp walks he would be conducting because people were doing 36 in a 35mph zone.

Police who support radar claim it will slow people down. So does a parked cruiser.

Anonymous said...

Where have all the good men gone
And where are all the Gods?
Where's the street-wise Hercules
To fight the rising odds?

Isn't there a white knight upon a fiery steed?
Late at night I toss and I turn
And I dream of what I need

I need a hero, I'm holding out for a hero
'Til the end of the night
He's gotta be strong
And he's gotta be fast
And he's gotta be fresh from the fight

I need a hero, I'm holding out for a hero
'Til the morning light
He's gotta be sure
And it's gotta be soon
And he's gotta be larger than life
(Larger than life)

Somewhere after midnight
In my wildest fantasy
Somewhere just beyond my reach
There's someone reaching back for me

Racing on the thunder
And rising with the heat
It's gonna take a Superman
To sweep me off my feet

I need a hero, I'm holding out for a hero
'Til the end of the night
He's gotta be strong
And he's gotta be fast
And he's gotta be fresh from the fight

I need a hero, I'm holding out for a hero
'Til the morning light
He's gotta be sure
And it's gotta be soon
And he's gotta be larger than life
I need a hero, I'm holding out for a hero
Til the end of the night

Up where the mountains meet the heavens above
Out where the lightning splits the sea
I could swear that there's someone somewhere watching me
Through the wind and the chill and the rain
And the storm and the flood
I can feel his approach like a fire in my blood

(3x)

I need a hero, I'm holding out for a hero
'Til the end of the night
He's gotta be strong
And he's gotta be fast
And he's gotta be fresh from the fight

I need a hero, I'm holding out for a hero
'Til the morning light
He's gotta be sure
And it's gotta be soon
And he's gotta be larger than life

(1x)

I need a hero, I'm holding out for a hero
'Til the end of the night



This song is you Alan Koch! We believe in you!

Anonymous said...

anon 9:43 repetitive and annoying to readers. Please enforce policy.

Anonymous said...

anon 1pm,

Are you gay? Wow!

Anonymous said...

So what? Is there something wrong with my sexual orientation? Are you jealous? Anon 1:05PM

Anonymous said...

next they will be bringing the manikin in to testify!!! lol, maybe get a manikin translator, at least it doesn't booze with the victims...

Bernie O'Hare said...

I hope 1:00 ia Alan's wife or she's going to be jealous.

Folks, like I said, it's not a good idea to promote Koch, Lahovski or anyone else for Chief right now. You just guarantee that the Chief will take it out on them. The first orider of business shoud be getting rid of Trachta.

Bernie O'Hare said...

"anon 9:43 repetitive and annoying to readers. Please enforce policy."

I tend to be a bit more willing to allow criticism of public officials. Plus, the comment is on topic. But as I note, comments about my comment policy will be deleted. So technically, I should delete you.

Anonymous said...

A duck ,a skunk a wheelbarrow of shit coming down the street the duck said to the skunk what am I,the skunk and wheelbarrow said, your yellow and go quack quack.I know you must be a duck. then the skunk said what am I.Well your black and white,and smell like bad----- you must be Troxell.That's right.when the wheelbarrow full of shit said but what am I.Well the skunk an the duck said .Well lets see your full of shit ,smell really bad ,don't think you can be pushed around easy.And no one wants to be around you did I tell you you smell like shit ,alright already what the hell am I then .We know you're Trachta,that's right.

Anonymous said...

anon 3:412, your less than funny "joke" gives everyone the reason why you are just another Nazareth thug. Finnish school and just say no.

Bernie O'Hare said...

If you want someone to finish school, learn to spell the word.

Anonymous said...

Great comments on the Express site. Most working Nazareth residents are fed up with these freeloaders. I guess the "kid" is suing so he can money to have bigger holes put in his ears.

Anonymous said...

The borough will have a real law firm represent them and these "boys" will find out their fifteen minutes of fame ended fifteen minutes ago. hey are always welcomed back at the 7-11.
The admitted to the police their crimes and were belligerent. Even the press could see that. Proper procedure. A real judge with real lawyers mean these stickerdoodles will be back on the street and broke.

Anonymous said...

Like the "real law" firm that the Borough spent $110,000.00 tax player's money on to fire Officer Fred Lahovski? Only to lose! That's right we only are going to pay another $130,000.00 in back pay. Oh and the law suit that I'm sure he is going to file......and rightfully so! This is what happens when council spends tax player's money as they see fit!

Bernie O'Hare said...

"Great comments on the Express site."

What this means is that Mezzacappa is using all kinds of different names to tell lies about something she knows nothing about. That's OK, bc the subpoena for those online identities has gone out, and she will be facing additional libel charges, and will lose again.

Bernie O'Hare said...

I believe the Borough lost all but one grievance filed by Officer Lahovski, while vilifying him in the press.

Bernie O'Hare said...

"The admitted to the police their crimes and were belligerent."

Under several of the 150 names she is using, mezzacappa has repeatedly stated that the defendants confessed. That is a lie. When she was told she is lying, she just repeated it. That demonstrates malice and justifies an award of punitive damages. If you have anything left when I'm through with you, the Sticker gang will get it.

Anonymous said...

When do you take ownership of the West Easton shit sty? Will you permit her to squat there and pay rent?

Bernie O'Hare said...

Every word I write here clues her in on what I'm doing, so I'd prefer to discuss this back channel. But one of the plans is to sell the real estate and evict her.

Anonymous said...

"When she was told she is lying, she just repeated it"

Mr. O'Hare I am not Ms. Mezzacappa, I don't even know her. I do understand the law. The idea that someone will be held liable for libel on a newsfeed comment section based on your premise is ridiculous. Your claim that it is her. It doesn't matter of it is, or anyone else for that matter, since they are stating their opinion as you do. Just because you or one of your anonymous friends tells her or whomever they are wrong, hardly constitutes any proof of anything. Just another opinion possibly true or possible bullshot. No more valid or less valid then hers, yours or one of your anonymous trolls. You may be the next told to suck it up.

You are just being a petulant bully and know it. You are smart enough to know that one anonymous troll telling another they are lying is about as meaningful as a tit on a bull.

Anonymous said...

Bernie
If you were smart, you would get a financial backer and open a tiny but adorable little cupcake bakery in Northampton. The name of course you already know.

Bernie O'Hare said...

Alas, I'm not smart.

Bernie O'Hare said...

"Mr. O'Hare I am not Ms. Mezzacappa, I don't even know her. I do understand the law. The idea that someone will be held liable for libel on a newsfeed comment section based on your premise is ridiculous."

A person can be held responsible for defamation made on a blog or news sire. Anonymity affords no protection bc subpoenas can be sought to identify the person.

Thhe anonymous comments athat we all know come from Mezzacappa and her Blog Mentor are designed to disparage and humiliate the Sticker Gang, and cause them to come under ridicule. They've been accused repeatedly of having no jib, though that's a lie. This is no opinion. They have been accused of making confessions. That is another lie, not a matter off opinion. Theuy have been accused of visiting 7-11 to lick the ground. They have been accused of being future murderers. They have been called druggies.

This is all libel and placing people in a false light. The wheels are already in motion to determine who posted those comments under those pseudonyms.

Anonymous said...

"Under several of the 150 names she is using, mezzacappa has repeatedly stated that the defendants confessed. That is a lie..."

Even if the defendants had confessed, the incriminating statements would not be sufficient to obtain a conviction in Pennsylvania. My understanding of the corpus delicti rule is that guilt cannot be proven by a defendant's confession alone. Independent corroboration is required.

Anonymous said...

Bernie, you are starting to sound more and more like Ron Angle. Rather than the court as the defender of people, you now want to use it as a weapon. You really seem to be saying if I think you are saying things I don't like I will take you to court. In doing so your intent is to silence any opposition. Mr. Angle did that for years, as you well know. Until he ran into Elmer Gates.

While a specific attack on a specific person may be considered libelous "by a court". The day to day trash talking you, your commenters and those who comment on the news sections is just that. Trash talk.

You mention freedom of speech quite a bit. Generally the courts have been very liberal with that interpretation, thank God.

If not so liberal Ms. Mezzacappa would have multiple claims based on comments here and on those news feeds.

The law is a defense not a weapon, yet you wield the threat of it like a school yard bully.

Anonymous said...

Agree, I think the garden variety name calling is just another symptom of the internet. Even this blog allows anonymous comments that the owner can delete ta will and has. Therefor any comments allowed are sanctioned by the owner. Of the Nazareth Three have an actual case, it is only against the Police through the borough.

Certainly their attorneys' can argue they have been subjected to public humiliation "based on the actions" of the police. The actual commenters have done nothing wrong, other than being possible internet trolls. That said it is important to note that probably some of the other commentary attacking commenters could be coming from any of the three or their supporters. If the courts were to swim in that cesspool they would never get to shore.

So while a ploy to scare folks to not comment by exposing them to ridicule is a clever ploy, I very much doubt the court will be interested in such comment or that the paper's lawyers will yield the information based on a civil suit.

Bernie O'Hare said...

Try again. The fact that I allow a comment, even one that I dislike, does not mean I sanction it. I am responsible for what i write, not what trolls like you write. Also, I intend to subpoena all identifying information for the vicious attacks at the trio who have already endured enough. There is no doubt in my mind whose names will pop up.

Anonymous said...

I think the stickergang should nominate cupcake, troxell and strye for the ice bucket challenge. Nazareth's finest won't do it!

Anonymous said...

Have you forgotten that you are not licensed to practice law, and you cant represent anyone other than yourself?

You are a lost cause, and off the rails

Bernie O'Hare said...

Looks like someone is worried. I know where these are going to lead. There is nothing to stop me from doing legal legwork for an attorney. Also, since most of those names attack me as well, there is nothing to stop me from doing this for myself. The subponenas should go out soon.

Anonymous said...

OK, so then a licensed attorney is going to allow a disbarred attorney to do work under his license?

Anonymous said...

Frankly Bernie, you want the newspapers to give you their information from their comments section, is that correct? I seriously doubt they will just honor your subpoena without a fight. This has nothing to do with the case or the cause.

My meaning is that papers are dying. Comment sections generate interest. If they start handing over information for every civil suit out there, they will kill their new enterprise. I think they will have their lawyers fight your requests. Don't know what will happen but that is just my opinion.

Bernie O'Hare said...

I have successfully obtained that kind of information before. If you post defamatory comments on LVL under an assumed name, you can still be sued once a subpoena is issued to determine identity. It is not complicated.,

You sound nervous.

Anonymous said...

Don't comment just read. I am fascinated though. So for example, if I wanted to know who "bakerdude" was all I have to do is get a subpoena the paper will give me his information and I can announce to the world this is who "bakerdude" is?

I just find that interesting and a bit chilling, as far as free speech goes.

Nothing sinister about this inquiry just find it surprising.

Bernie O'Hare said...

If Bakerdude has defamed you, you file a "John Doe" defamation suit and let the subpoenas fly. Nothing sinister about it at all. People like you do not have the right to crawl out from under rocks, defame others, and scurry away.

I have several pending matters in which I can issue third party subpoenas without filing a new action.

My experience is that the online sources cooperate.

They don't like trolls either.

People like Mezzacappa and the Blog Mentor create false identities thinking it gives them free reign to defame. They actually are the ones who chill free speech by shouting down those whose virews differ from theirs with ugly personal attacks and outright defamation.

They are responsible for their words.

Anonymous said...

Bernie, I think you should do a piece on free speech. Not involving any personalities, just the topoi itself. Particularity in the electronic social media age. I know the Supreme Court is struggling with it as are many venues.

I find the topic fascinating. No I am not "one of the attackers" I am just fascinated by the subject.

Anonymous said...

delete your blog you have 30 days...

Bernie O'Hare said...

Yawn.

Anonymous said...

Hey Bernie,where are you? I have a question.How can you prove slander when someone is constantly telling lies about you to ruin your profession? Cant afford a lawyer an thought you could help. Thanks

Bernie O'Hare said...

I don't know how telling lies about you ruins your profession. It might ruin you. In any event, I am not licensed to practice and suggest you see someone who is.

Anonymous said...

Am I right in the sense that if someone is constantly making accusations about you that are not true that they are slandering you? After hearing of your case I thought maybe there was a solution to try an stop them

Bernie O'Hare said...

I refer you to my previous answer.