Trump, DOJ and Media Are All On Trial

In start contrast to the weak state criminal indictment filed by a Manhattan DA Alvin Bragg, the federal indictment (read it here) unsealed on Friday against Donald Trump paints a devastating picture of a thoroughly unlikable person who believes the rules have no application to him. That's largely been the case over his entitled lifetime. It was still mind-boggling to see him subjorn others to commit crimes for him. As shocking as the indictment, at least to me, have been the full-throated defenses offered by most Republicans, even those running against him. Without actually reading the actual indictment, they offer a "what about?" defense based on their perception that Hillary Clinton and the Biden family have received none of the scrutiny that has been directed at Trump by a "weaponized" Department of "Injustice." They also complain that, aside from FOX, mainstream news sources mostly downplay or ignore allegations about Biden. Do they have a point? To some extent, they do. I'd agree that the media could do a better job covering the Biden family. But I think the attacks on the Department of Justice are ridiculous. Not all that long ago, it was Edwion "Fed Ed" Pawlowski claiming he was the victim of a witch hunt. That's a common tactic among criminals. If anything, the DOJ tried very hard to avoid charging Trump. 

Media Failed in Coverage of Hunter Biden

Let's look at Hunter Biden, a grifter who has traded on his father's name to make money. That's what he was doing with Burisma and other foreign countries. That's what he's doing by selling his "art" at a New York gallery. At the same time, he's dodging child support payments over a child that Joe Biden refuses to acknowledge is his granddaughter. 

Not a good look. 

The latest in a long series of allegations about Hunter Biden is actually a years old claim made by a confidential informant/ It's that both Hunter and the President received a $5 million bribe from someone in Ukraine. This allegation was based on a tip provided by Rudy Giuliani. A suspended FBI agent who claims whistleblower status contends that the FBI is sitting on it. 

According to the House Oversight Committee, "The confidential human source who provided information about then-Vice President Biden being involved in a criminal bribery scheme is a trusted, highly credible informant who has been used by the FBI for years." Firebrand Marjorie Taylor Greene told reporters that Burisma paid the $10 million bribe, but it would take 10 years to track the money because of all the banks involved. 

Trump's former AG, Bill Barr, indicated that all allegations related to Biden were being funneled through the US Attorney's office in Pittsburgh and then forwarded to the Delaware US Attorney, David Weiss. He's a Trump appointee who Biden retained to avoid questions of a conflict of interest.

Weiss has made no prosecutorial decisions for over four years concerning several possible criminal infractions committed by Hunter Biden. 

I think we'd all agree that's too long. Justice delayed in justice denied. 

Right-wing news sources have covered Hunter Biden in detail, but there's relatively little coverage from left-wing or even more centrist news outlets. 

It seems to me that this is a story. I refused to write about Hunter Biden in the past because that story broke a little too close to the election. That was probably a mistake and it should receive more coverage by all news outlets. 

But so should the $2 billion investment made by the Saudis with Jared Kushner just two months after Trump left office. Kushner had served as a policy advisor on the Middle East. That investment is also being investigated by the House Oversight Committee.

It seems to me that the media has done a fairly lousy job of covering Hunter Biden and the larger question of Presidential family members who enrich themselves from their connections to power. It should make no difference whether the President is a Democrat or Republican. 

The "weaponized" DOJ

By definition, any law enforcement organization is weaponized. It exists to hold lawbreakers accountable. Trump is responsible for using this reality as a vilification. He blamed the DOJ and FBI for refusing to arrest Hillary Clinton over her handling of classified documents on a private email server. The "lock her up!" chants still echo in my mind.  Never mind that her negligence probably cost her thye 2016 election. 

While claiming that he's a victim of the DOJ he forgets that when he was President, he attempted unsuccessfully to use the FBI and IRS to pursue political enemies.

There have been instances in which the FBI itself acknowledges it exceeded its authority with respect to FISA warrants. There will always be rogue agents, just as there always will be rogue cops. It's human nature, unfortunately. 

But when I read of selective prosecution or law enforcement out to get someone, the persons making these claims are almost always the criminals in question, whether it is a Mafia don or a wife beater. 

In Trump's case, the Attorney General assigned a Special Prosecutor precisely to avoid any appearance of impropriety. The President has insisted he has had no interaction with anyone at DOJ concerning any Trump investigation.  Nobody has rebutted this claim.  

If the Special Prosecutor were really out to "get Trump", he could have sought an indictment in Washington. He chose to do so in Miami. He did so knowing that a jury would be more favorable to Trump in Miami than in D.C. The case has been assigned to a Trump appointee who has ruled favorably to Trump concerning the search of his residence and who even halted the criminal investigation. The DOJ could have done some judge shopping, but did not. 

It strikes me that the DOJ has bent over backwards to be fair to Trump. He faces trial for one and only one reason - nobody is above the law.

Like Trump, both the media and DOJ are on trial. I am certain the DOJ will be vindicated. I'm far less sanguine about the media or Trump. 

DA Wants Conflicted Clerk, Biased Judge, Off Overdose Homicide

I've written pretty much in recent weeks about Northampton County's judicial law clerks. I've told you that, in addition to salaries that are much higher than they should be, these clerks have pocketed $110,225 in divorce stipends since 2010 for doing what their job already requires. In addition, two of them do legal work for attorneys who practice in this county. It's a conflict of interest that the court refuses to recognize. In fact, our judges have refused to tell lawyers that two of their opinion writers may, in fact, be working on the side for an attorney who is up against them.

When County Council sought information about payments from the Controller, President Judge Stephen Baratta fired off a condescending missive, telling Council to mind its own business and that it has no authority to set salaries. It was a misstatement of the law, a point confirmed by Council Solicitor Phil Lauer.

This issue is not going away. In fact, it's been placed on the front burner, thanks to a motion filed yesterday by DA John Morganelli. It involves a homicide case against a heroin dealer accused of delivering a fatal overdose in Forks Township.

According to this motion, Morganelli was forced to ask the entire Northampton County bench to recuse itself because there were "a number of contacts and communications between the defendant's family and at least two judges."

Think about that for a moment. We're not talking about some incidental contact with a judge at the food store. The DA has referred to a number of contacts between the defendant's family and at least two judges.

What were these judges thinking? Seriously. I doubt they were discussing the weather. A third judge, Jennifer Sletvold, was Phil Lauer's law partner. He represents the defendant. So she's out, too.

As a result of Morganelli's motion, a senior judge from Philly, John Braxton, was brought in to hear the case. But that presented another problem because his law clerk, Catherine Kollet, is a criminal defense attorney who practices in Northampton County and is in fact a court-appointed lawyer who represents indigent defendants when there is a conflict with the Public Defender's Office. Since she represents criminal defendants and was appointed by a court that has already recused itself, Morganelli argues it would be impossible for her to act as a "neutral, judicial law clerk."

Braxton refused to remove her, claiming she is his clerk, and has worked for him in other counties.

He then reduced Fisher's bail from $500,000 to $100,000, even though evidence in a prior drug delivery case shows that he failed to comply with bail conditions. Fisher was unleashed on the public the very next day.

Morganelli did some research and discovered that Kollet's participation as a judicial law clerk is a direct violation of a Supreme Court Rule that bans lawyers from being law  clerks in the counties where they practice. Even more disturbing, Braxton's statement that Kollet works for him in other counties is demonstrably false, according to Morganelli.

So let's sum up. The entire Northampton County bench has been forced to recuse itself in a homicide case because two judges were unable to keep their mouths shut when approached by the defendant's family. Then a clerk is brought into the case who actively practices criminal law in the very county where she is advising the court in a criminal matter. Senior Judge Braxton refuses to disqualify her, even though a Supreme Court rule specifically bars law clerks from practicing law in the county where they clerk. He also states falsely that Kollet is his clerk in other counties. Then he unleashes a heroin dealer accused of delivering a fatal overdose on an unsuspecting public in the middle of an epidemic.

Nobody is above the law. Not overpaid law clerks. Not judges who engage in ex parte conversations with the family of an accused killer. Not a Senior Judge from Philly who thumbs his nose at a Supreme Court rule regarding the use of law clerks, and compounds that error with misrepresentations about using that clerk in other counties.

Morganelli, who is not above the law,  had a duty to file this motion. He is reacting to a failure in a system that is supposed to deliver justice.

Morganelli Motion to Recuse Clerk And/Or Judge by BernieOHare on Scribd

Hit-And-Run Verdict Proves System Still Works

Darious Condash's football helmet
at Wawa exit, on Schoenersville Rd

Following a four-day trial, a Northampton County jury found Royce Atkins, 23, guilty yesterday in a fatal hit-and-run that killed nine-year old Darius Condash. The accident itself occurred almost exactly one year ago when Condash, accompanied by an older friend and cousin, crossed busy Schoenersville Road - a five lane highway - at night. But this case was about much more than the actual verdict. The question to me was whether money buys justice.  In this case, the answer is No.

At a wedding, guests for the bride and groom often sit on opposite sides of the church. So you can see that one side of the family might appear to be much better off than the other.  It was like that here, except this was no wedding.

On one side of the courtroom sat the Atkins family. They were all well-dressed and seem to be well-off. Royce's father, Carter, is an MBA and well-regarded investment advisor at Wells Fargo. He was advised to hire Philly lawyer Jack McMahon, who is very good in a courtroom but very expensive. They were all very nice people, too.

On the other side of the courtroom sat the Condash family. Though they dressed as respectfully as they could, there were no three-piece suits. They were also a bit darker. They were nice, but a little suspicious.

Would money win the day? Would our inner prejudices make themselves heard? Would DA Joseph Lupackino and Detective Gary Hammer just go through the motions in what was an admittedly hard case? Or would they present the facts in all their unvarnished details?

Lupackino and Hammer were superb. Instead of engaging in a game of courtroom theatrics, they presented facts, bad and good. They were fair and honest, and gathered a considerable amount of evidence that only happens when you care about what you're doing.

Gary Hammer, in particular, is a class act. He must have told Atkins 1,000 times he had a right to a lawyer. He let Atkins speak in his own words.

Judge Michael Koury was more interested in the facts and the law than Atkins' financial resources. He made sure that both sides were heard. Though McMahon pretty much ignored every court directive, Koury often responded with humor instead of bile.

Once the verdict was in, Judge Koury was correct to revoke bail. Atkins had just been convicted of fleeing a fatal accident and he did admit to a lie when he testified. He is a flight risk. Since he's facing a mandatory three-year sentence, there's little point in allowing him to remain free. Jack McMahon called this "cruel," but Koury may have been doing him a favor.

Despite the money of Atkins' family, Judge Koury treated the Defendant the same way he would have treated someone else found guilty of a similar crime.

This is one case in which persons of limited means were given the same treatment as multi-millionaires.

Was the verdict correct? I think so.

The one image from that trial that haunts me is one that, by itself, seems relatively benign. It was a picture of one of Darious' multi-colored sneakers, sitting by itself by the side of the road. That was the shoe worn by a boy who, only moments before, had his entire life in front of him.

He apparently loved football, and played for East Side, like so many other kids I know. He broke free from his older cousin and darted out into the street to pick up a piece of fallen candy, just as the light had changed and traffic was coming at him. He may have even gone into a football stance, something Judge Koury noticed.

When Atkins's car hit Darious, traveling at what Atkins himself said was about 40 mph, it picked young Darious up from the roadway. This child's face was dragged up along the grill, and his head and shoulders hit the hood of Atkins' car with such force that his eyelash was imprinted onto the hood.

Atkins claimed he never saw the child, who was eventually sent airborne and was knocked completely out of his sneakers. He pulled over at Oasis, a nearby restaurant, but never got out of his car. He went home and kept the battered car in a garage, away from prying eyes. He showed it to friends later that night, but asked them not to discuss  or photograph it. He explained he was embarrassed. When a friend asked him for details, he said he had hit a deer on Steuben Road. He would later admit that he lied. He also punched out of work about two hours earlier that day than he testified.

The jury rejected Atkins' explanation after about two hours of deliberation. But he's no monster. He does seem like a "good kid," and obviously panicked. I wonder how many of us might instinctively flee at first. Had he come back from the Oasis, he probably would never have been charged. Had he called police that night or the next day, he might have avoided serious charges.

But he doubled down. He waited for police to come to him. Then his family hired a person who is reputedly the best criminal lawyer money could buy - Jack McMahon.

He's good, but being a good lawyer requires a bit more than courtroom presence.

He filed no pretrial motions. He failed to read documents that Assistant DA Joseph Lupackino sent to him in March, including a timeclock print out showing that Atkins had punched out of work about two hours earlier that day than he testified to from the stand.

He also ignored Judge Koury's Order instructing him on presenting points for charge.

His most execrable error is that he never even attempted to negotiate a plea agreement with the DA's office. He likely could have worked out a plea to vehicular homicide and could have avoided the mandatory three-year sentence his client now faces. He instead just went to trial, which meant more money in his pocket.  When he wants to talk about being "cruel," he should look in a mirror.  He should have encouraged a plea arrangement, but rolled the dice with his client's freedom.

He lost, something that's happened to him in every case he has tried in this county, though he could claim a partial victory in the south side shooting trial.

The jury deserves the most credit. They jury put aside their individual prejudices and decided this case based on the facts presented during the trial, not who was whiter or who had more money.

I'm a lawyer who was involuntarily retired before my time. Though I love reading opinions, I get lugubrious about criminal cases, which are always so sad. This is no exception. But I find myself very optimistic about the future of criminal justice after sitting in on parts of this case.

The system still works.

Grand Jury: Easton Woman Strangled Lover in 2011

Beth Marsteller mug shot

Beth Elaine Marsteller, age 31, strangled George Humbert to death in 2011. That's what Northampton County's Investigating Grand Jury charges in a Presentment that Supervising Judge Michael Koury ordered unsealed on Tuesday. District Attorney John Morganelli announced these findings at a news conference attended by Easton Police Lieutenant Matt Gerould, Detective Chris Miller and Bill Blake, the Assistant District Attorney assisting grand jurors in their investigation of a number of unsolved murders, white collar crimes and official corruption.

Marsteller is currently an inmate in the County jail. She was the female lead in an alleged Bonnie and Clyde crime spree, early this year, with Joseph Misero. She was in the getaway car when he robbed the Palmer branch of the Wells Fargo Bank, and is accused of participated with him in two thefts from the nearby Sunoco A-Plus gas station.

Lt. Matt Gerould and Det. Chris Miller

She can now add criminal homicide and robbery to her resume. She's being arrested and charged today.

Humbert's homicide occurred years before, on March 5, 2011. At that time, Marsteller was living with him at his apartment on South 6th Street in Easton. He gave her crack cocaine. She gave him sex and cooked. But the crack cocaine was not enough. Neither was the methadone she was taking. So she stole $20-30 from Humbert's change jar for some heroin, and made a buy from her brother, a few doors away.

Though Humbert himself was a crack cocaine dealer, he had his standards. He confronted Marsteller when she returned, not only for stealing, but for purchasing heroin. Though she smoked 3-4 bags of crack cocaine, she told Humbert she wanted $30 for more heroin, so she would wake up without being "dopesick.". Humbert refused.

He eventually kicked her out. His neighbors, who lived in the apartment above Humbert, returned home from McDonald's around 2 a.m. to see him telling her to leave.

Ass't DA Bill Blake

"She was trying to smoke me out," Humbert told them. "She was begging faster than I could give."

About an hour later, they were awakened by the sounds of a struggle.

"I'll give you anything," they heard a male voice shout, followed by the sounds of sobbing, pushing shaking and two very loud slams.

The next morning. Marsteller and her brother, along with a third person, ran out of Humbert's apartment and into Easton Police Officer Anthony Chaney. She told Officer Chaney that she "was just in my friend's apartment and he has been beat up and is bleeding."

He was dead.

Police on the scene saw blood on the floor near Humbert's head, but no signs of a struggle in the room where they found him. It wasn't until an autopsy was performed that law enforcement realized he had been strangled.

DA John Morganelli

Instead of going public with the cause of death, they tucked that card away.

Police also took samples of blood stains found on Humbert, and did DNA testing. Eventually, Marsteller was identified as a minor DNA contributor.

Marsteller gave conflicting stories. She told police she was home alone with Humbert all night. A few days later, she told police that he was visited throughout the evening by people buying crack cocaine, and eventually ran out. She told the Grand Jury that she stayed with Humbert until he fell asleep, after which she stole a large jar of change to buy more heroin. She claimed that, when she returned in the morning, she found the door was ajar and Humbert was lying face down on the floor.

She told her drug salesman brother that she "wanted an alibi" and suggested to another that she had been with him.

Then she gave a jailhouse confession to another inmate, after an interview with Easton Detective Chris Miller had her frazzled. She told Trisha Serrao that she jumped on his back and strangled him, until he dropped to the floor, dead. Then she rummaged through his pockets, looking for drugs and money.

Aside from police, the only person who knew that Humbert had been strangled was the person who did it.

Humbert, incidentally, was in poor health. He suffered from diabetes and had a stroke.

Morganelli credited the Easton Police Department for their "exhaustive" work,

Lieutenant Gerould, however, called it a "team effort," noting that the Grand Jury is a "fantastic tool" that "allows us to put pressure and get people to speak to us when they don't want to talk." He added that "no matter how old they are," Easton police are actively investigating every unsolved homicide.

Morganelli, who uses the Grand Jury to work on unsolved murders, stated there are 35 of them in Northampton County.

Remember Clinton Oxford?

(Updated Saturday, 9/13/14)

Clinton Oxford looks like a very scary guy in The Express Times picture accompanying his stalking trial story this week. In reality, rather than looking like a monster, he looks like an idiot, especially with his Jim Carey Dumb and Dumber haircut. I watched bits and pieces of the trial.  I figured it was the least I could do because, at one time, he was a regular on this blog.

Of all the people in the world, he decided to stalk his probation officer. A Jim Carey move, to be sure.

When he started commenting here, I knew Clinton was a former inmate. But he was clean and sober, so I actually encouraged him. I even suggested he should return to school.

His comments really offended Tricia Mezzacappa, Jim Gregory and the Blog Mentor. That made me like him more. They regularly accused me of using "Clinton Oxford" as a pseudonym. Jim Gregory and Mezzacappa even made that claim on their short-lived radio show.

I guess they know now they got that wrong.*

A few months before his troubles, Clinton stopped commenting here. I later learned from one of the jail volunteers that he had fallen off the wagon. The demons had returned.

I also know his probation officer, whose name has already been mentioned enough. She is highly intelligent and very capable. More than that, she is a genuinely nice person who tries to help her clients. When I heard the kinds of emails that Clinton was sending to her, I was disgusted. When I heard that he was even walking by her former home, I was appalled.

She did nothing to deserve this kind of mistreatment.

Clinton had also started lying. He had falsely accused someone (a male and a recovering alcoholic) of sexually assaulting him. In reality, this guy refused to allow Clinton to use drugs in his home. Police determined that Clinton was a liar and were considering charges. It's around that time that he went off the deep end with his probation officer.

District Attorney John Morganelli took this case very seriously, as he should. He assigned one of his best prosecutors, Rich Pepper, to try the case. And try it he did. I torment Pepper because he's a shitty sailor, but he is a classic barrister. All he needs is a frickin' powdered wig. He knew when to raise his voice for dramatic effect. At one point, he himself peppered the victim with questions in rapid succession, using all the foul language contained in those emails, knowing that the victim would start crying and be even more appealing to the jury.

He played his role well.

In his closing, he gave the old tried and true prosecutor argument that "If you think it's perfectly OK for someone to send emails that talk about killing someone, set him free."

Defense attorney Tony Rybak is looking like an idiot right now, especially after being chewed out in front of the jury by the judge. But in fairness, he got this case at the last minute.

Judge Jennifer Sletvold slammed him for suggesting that the victim, by the very nature of her profession, was being protected.

Of course she was!

District Attorney Morganelli explained this himself. "Our probation officers are not going to be harassed and intimidated on the job."

It's his job to protect her.

But I don't understand why Judge Sletvold freaked out when Rybak stated the obvious. The facts were against him,The law was against him. The only thing he had left was abusing his opponent.

That's probably the only issue he has on appeal, and it's unlikely that will get him very far. Even if Judge Sletvold was wrong to admonish him in front of the jury and basically accuse him of willful misconduct, there's simply too much evidence of guilt. Besides, she may have had other reasons for wanting that door unopened.

Morganelli feels he'd win any appeal raising that issue. "If not, we'll try him again and we'll win it again."

And he will.

The moral to this story is that you should not ask for a jury trial after you've pleaded guilty and are waiting to be sentenced. Especially when the evidence of guilt is overwhelming.
______________________________
      1) Mezzacappa, the Blog Mentor and Gregory sometimes accused me of using Clinton Oxford as a pseudonym. (" "Clinton Oxford" is a fake name. ... i sign mickey mouse under my name....get it? I proved you're a liar and have proof. ... Clinton Oxford is a made up name. Period. No story.") During his short-lived radio show, Gregory falsely accused me of creating all the characters on my blog, "He uses fake names, Clinton Oxford and the rest." Mezzacappa, on her blog, began using "Clintop Poxward" to counter what they accused me of doing. All this time, Clinton Oxford was a real person who was posting under his own name. I don't post anonymously or under any name but my own.
       Instead of just admitting that she was wrong and moving on, Mezzacappa doubles down with yet another lie. According to her, "Clinton Oxford was charged with Stalking and Harassment on 3/31/14 with a bail amount set at $15,000. Docket sheet shows that no bail was posted. Most of his vile comments directed at yours truly and Jim were posted after 3/31/14. Its not looking good for O'hare."
      This is simply untrue. I blogged about Clinton's arrest on 4/1/14. There were no comments from him posted on this blog after that happened, nor could there be, because he's been in jail. Interestingly, Mezzacappa fails to provide a link to a single comment from Clinton Oxford posted after 3/31/14, because she knows she's lying. Publishing lies that you know are lies is what the courts call "actual malice."

Richard Huntington Pepper and Princess Hope

Rich Pepper, Princess' Counsel

Today is the first day of criminal court, so Rich Pepper will be too busy to have me arrested today. But I've been dying to tell this story about one of Northampton County's more colorful lawyers. He once represented a Princess.

His name is Richard Huntington Pepper. He's a blueblood who flies airplanes, skis and hangs around with rich people. For reasons known only to his psychiatrist, he's always had a soft spot for me, a penniless drunk. Once, while slightly under the influence during a sailing trip in the Chesapeake Bay, I blasted a foghorn right into his ear. I was waking him up from a sound sleep in the middle of a foggy night. Though we couldn't see more than two feet, he was furious, and chased me around the boat. He finally caught me and tossed me overboard. I ended up in the drink, tangled up in crab traps. That normally would have been the end of it. But in the mists, we could hear the "put-put-put" of several motorboats. On our port side. Then starboard. Then the stern, Then the bow.

We blew the horn.

"What the fuck was that?" asked a voice in the distance, followed by put-put-put..

Before we knew it, we were surrounded by furious crabbers and swarms of all kinds of flies that followed their boats in the fog. We were apparently right in the middle of their crabbing fields. They were ready to execute us, right then and there, on the high seas. I wanted to board them and fight, and gave the order as Captain. Pepper, Chris Spadoni and Dwight Danser ignored me and put their legal training to work. The crabbers spared us, drifting away after being bought off with apologies and alcohol.

The flies stayed.

Fast forward a few years. Pepper is appointed to represent a woman accused of not paying her hotel bill. When he visits her at jail, she tells him she can't be prosecuted because she has immunity. She's Princess Hope, from some Caribbean country. Her father the King  would be unhappy to learn that his daughter was in jail over such a trifling matter. So Pepper filed a motion demanding the immediate release of Princess Hope.

The hearing was conducted by Judge Jim Hogan, another sailor who accompanied my father on several expeditions before Northampton County lawyers were eventually banned from sailing.  

Pepper noticed two older women in the back of the courtroom, who were just shaking their heads. He called Princess Hope to the stand, and she very convincingly explained that, as a Princess, she was immune from our petty laws. After all, her face was on the currency in her homeland. She closed by telling Judge Hogan, "And by the way, Mr. Pepper has the biggest cock I've ever seen!"

Judge Hogan, who had also sailed with Pepper, took judicial notice that the object mentioned was, in fact, considerably smaller than represented. That alone provided a basis for discounting the rest of Princess Hope's testimony, as compelling as it might be.

Then the two women in the rear of the courtroom spoke. They were the princess' mother and grandmother. The Princess was, in fact, from New Jersey. She was a college student who had stopped taking her meds.

The young lady was committed until things could be sorted out. She eventually did graduate from college and Pepper tells me she sent him a nice note.

Who Is Amanda Catherine Hein?

Princess in 2009, alleged murderer in 2013

Amanda Catherine Hein, who has been charged in the grisly bathroom stall slaying of her own newly born son, is certainly viewed as an evil monster. But is she? Originally from Coopersburg, she's a graduate from Southern Lehigh and attended Marymount Manhattan College and then LCCC.  She never finished her studies.

Somewhere along the way, she began abusing drugs. She worked at a local hospital, but was fired when she was caught stealing drugs. Her must recent job was with a dog shampooing business.

She developed an addiction to heroin, but reportedly kicked it a year ago.She was a habitual marijuana smoker, and suffered from depression.

She has already two abortions before resorting to infanticide.

On her Facebook page, back in 2009, she penned an apology poem called "Sandwich."

Sandwich

I heard your heart breaking
from the next room.
before I spoke, even,
your tears hung humid
in the apartment's atmosphere.
The apologies stuck
like peanut butter to my tongue
and all the spitting could not
unstick them.
So I spread "I'm sorry"
on toast, with blackberry jam.
And served my penance
with your lunch.

Unfortunately, she'll never be able to deliver an apology sandwich to her son.

Is the Zimmerman Verdict Fair?

NAACP leader Esther Lee, who certainly seems to hate white people, naturally thinks the Zimmerman verdict is unfair. No surprise there. She apparently wanted a lynch mob, precisely the sort of thing that happened to blacks with great frequency not all that long ago.

Here's my take. Unless you sat through the trial, it's really hard to know whether justice was done. From my very limited perspective as an outsider, it seems to me that the system worked as intended.  

Easton NAACP Prez Acquitted on Theft Charges

Easton Barristers Josh Fulmer, Colin Monahan & Phil Lauer

John Moses Robinson, President of the Easton NAACP and Prison Advisory Board member, has been acquitted of criminal charges that he stole $55,000 from his mother-in-law. A jury of 9 women and 3 men reached a "not guilty" verdict last night, after a four-day trial. They deliberated for little more than an hour.

Robinson's estranged wife thought she'd be getting that money, even though her mother actually lived with Robinson and his three children.

"I have been told we have a verdict, although I don't know what it is," Judge Michael Koury announced as he came into the courtroom.

While everyone waited for the jury, an apprehensive Robinson sat next to lawyers Phil Lauer and Colin Monahan. Robinson's children sat in the row behind their Dad. Five deputy sheriffs were strategically located throughout the courtroom.

While waiting, onlookers whispered to each other about just when the jury left to deliberate, 6:15 PM or 6:25 PM. "The jury went out to deliberate at 6:11 PM," answered Judge Koury. "The acoustics in this room are excellent!"

Either that, or he has superpowers.

Veteran prosecutor Mike Filingo arrived a few minutes before the jury, with a disgusted look on his face. He seemed to sense he had a loser.

There were three charges, so the jury's foreman had to answer "Not Guilty" three times. But as soon as he announced the first "Not guilty" verdict, there was a visible sign of relief from the largely pro-Robinson crowd.

After announcing their verdicts, Judge Koury thanked the jury. "Thank you for staying here late tonight. You have arrived early and stayed late. You have served the County of Northampton very well and you are free to go." He then turned to Robinson. "Mr. Robinson, you have been found Not Guilty by a jury of your peers. You are free to go."

It was only then that Robinson, dressed in his finest, began to really cry. Turning around, he reached out for his children and they all hugged each other. His nightmare is finally over.

Normally very talkative, a very relieved Robinson had few words after the verdict. Joined by his children, he quickly left the courthouse.

All the might and power of the Commonwealth of Pennsylvania had been brought to bear against him. That even included Northampton County Controller Steve Barron. I knew he already considers himself a County Executive, asbestos investigator and union organizer. Apparently, he's a criminal investigator, too. Although absent for the verdict, rendered at dinner time, the $65,000 per year Controller spent the entire week sitting in on this trial.

How can Barron audit the DA's office when he works for them? Isn't that a built-in conflict? And while he's running around playing detective, who's minding the finances of Northampton County?

At the magistrate's level, Barron essentially usurped the fact finding role reserved to juries. In addition to detailing Robinson's bank transactions, Barron would add they were "interesting," raised red flags and even revealed a "veil of deceit."

Thanks to a good defense team and a fair prosecutor, this nonsense stopped once a jury got involved. Lead defense attorney Phil Lauer, objecting to Barron's qualifications as some kind of fraud expert, filed a motion in limine to preclude the County's supposed fiscal watchdog from essentially telling the jury that Robinson is guilty.

After some initial opposition, prosecutor Filingo agreed, especially since it appeared likely that Judge Koury would rule in Lauer's favor anyway. To his credit, Filingo kept Barron on a tight leash during the trial, shutting the Controller down when he still tried to stray into matters that are beyond his competence.

As a result, Barron had little to say.

You might say justice was done because Robinson was innocent anyway ... or because he had good character witnesses ... or because a jury saw through Robinson's estranged wife, who wanted that money for herself. You might even be right.

I say justice has nothing to do with it. Robinson won because he had a good legal team.

Easton lawyers Phil Lauer, Josh Fulmer and Colin Monahan did a great job in jury selection, making sure that the jury of Robinson's peers actually included three African Americans. And 9 women? That's obviously because Lauer was going to argue that this was a "Hell hath no fury like a woman scorned" case, as opposed to a criminal matter. Although it's hard to generalize, you do that in jury selection, and women do tend to be tougher on each other than they are on men.

In addition to picking a sympathetic jury, Lauer effectively clipped the Controller's wings.

If the Commonwealth ever decides all its resources down on you, it helps to be innocent. But you better have a good lawyer, too. Fortunately, Robinson had one of the best.

Colin Monahan, incidentally, is the son of another good criminal defense lawyer, Brian Monahan. This was Colin's first criminal trial. I told him to quit now and he can claim he is undefeated.

Pa. Supreme Court: We're Not Collections Agencies

Last year, Pennsylvania's Supreme Court showed just how out of touch it is with the rest of us in a news release announcing a computer system with an e-pay function, enabling criminal Defendants to pay their fines on the Internet. It brags that statewide, Pa. courts collected a "record" $480 million in fines, costs and restitution during 2010. But at the same time, Chief Justice Ronald Castille huffs, "Courts are not collection agencies."

Excuse me, but isn't collection of fines, fees and restitution part of criminal justice? Did I miss something?

Of the sum collected, only eight per cent - $37 million - is for actual restitution.

Yesterday, I told you that Criminal Division Clerk Leigh Ann Fisher has no idea how much money is even owed in Northampton County, although she believes it's tens of millions. A recently-hired accountant is trying to determine a figure.

I'm amazed that Controller Steve Barron would snub a crime victim after promising to help her, even though it has nothing to do with his job. I'm amazed even more that he's never audited the "efficiency and effectiveness" of criminal collections. That is his job.

Pennsylvania does have a crime victim compensation program, but except for stolen cash, it has no application to victims or property crime. So victims of break-ins like Susan Eagle really depend on the County to collect money they've lost through no fault of their own from the persons who are responsible. That's called justice, and it's not working.

On a state level, the Commission on Crime and Delinquency was pitching a new unit a few years ago that would consist of two or three new people who would have help counties go after big offenders and assist locals with identifying resourses to attach wages, etc., based on a successful federal model.

It went nowhere.

NorCo Collects Just $2500 of $9.3 MM in Outstanding Fines, Costs & Restitution

If a judge orders someone, in a criminal case, to pay a fine and costs, we'd all like to think that it happens. If he orders someone to make restitution to a crime victim, we'd like to think that happens, too. But all too often, it fails. We've seen that with Susan Eagle, where in one of her cases, there actually is an outstanding bench warrant. In addition, judges often release Defendants from probation before they've paid. Without the hammer of a bench warrant or jail time, they quickly stop paying.

Under these circumstances, perhaps the stupidest thing a County could do is hire a toothless collections agency. So naturally, that's what we've done. Lamont McClure led that effort in 2006, predicting the County would get about 3-4% of the total owed.

Well, that hasn't worked. In 2009, crime victim Roy Shuman (no relation to the party boss) told Council that he was receiving regular restitution payments for a break-in at his business until the matter went to a collections agency. After that, he got nothing.

Last year, Criminal Division Clerk Leigh Ann Fischer sent $9.3 million in unpaid fines, costs and restitution to the County's newest collection agency, Modern Recovery Solutions. There are tens of millions more outstanding, and a newly hired accountant is trying to piece it all together. But that $9.3 million was for starters.

In that year's time, the County has collected less than $2,500, reports Fisher. That's 0.02%, about 1/20th the amount predicted by McClure. "It's minimal," she admits. "Our hands are tied," adds Director of Court Services Archie Disidore, who notes that Defendants often change addresses and there is little a collection agency can do, especially compared with the power of a judge.

Even a judge's powers are limited. He can't just send someone to jail for not paying a fine if he has no financial ability, and there is a limit to how long someone can be placed on probation. But I believe judges could probably do more, especially if they are actually interested in justice as opposed to processing cases.

If the County were able to collect more of this money, it would both be helping crime victims and easing the tax burden. But the problem is being ignored.

When Susan Eagle contacted Controller Steve Barron in April, he had a perfect opportunity to do the job he was elected to do. According to the Home Rule Charter, he has a duty to audit all agencies to determine the "efficiency and effectiveness" of any program involving money. But Barron has conducted no audit since a collection agency was brought on board to determine the "efficiency and effectiveness" of the new system?

Barron's predecessor, John Schimmel, did do such an audit, and found the collection agency wanting. He noted that improvements were needed and that the longer a case sits idle, the less chance there is of seeing any recovery.

But that was when we had a real Controller.

This is a matter where the Courts, if they are interested in helping the victims of crime, could and should do more.

Stoffa Blasts Barron For Crime Victim Snub

On Monday, I told you that Northampton County Controller Steve Barron snubbed a crime victim, Susan Eagle, who is still waiting for restitution from a break-in at her home eleven years ago. Yesterday, I posted Barron's attempt at damage control, which was refuted by the crime victim herself.

During this time, Northampton County Executive John Stoffa asked his administrative director, Tom Harp, to see what he could do. As it turns out, Tom was able to do a lot.

Yesterday afternoon, Stoffa reported to County Council about the Eagle case, blasting Barron for injecting himself in a matter that is beyond the scope of his duties as Controller, and then mucking it up.

Stoffa's Report to Council: At last week`s council meeting a woman named Susan Eagle appeared and testified under courtesy of the floor in regard to her difficulty in getting restitution for crimes committed against her. I asked [Direcotor of Administration]  Tom Harp to see what he could do to help her. His report is detailed below. What is unfortunate about this case is that it was never referred to the criminal division for assistance by the only one who had contact with Susan at that point - Mr Barron. Mr Barron, the county controller, decided to handle it on his own, basically delving into an administrative matter, which in my opinion, he should not have done. It is unfortunate that members of the audience or those viewing might have assumed this to be a short coming of our criminal division staff … it was not! If any of you have any questions about this please let me know.

Tom Harp's Report: Since we first learned of the Susan Eagle restitution situation our office has facilitated a number of actions that hopefully will result in a successful resolution. I have personally spoken with Ms. Eagle on at least 6 occasions and we have exchanged several e-mails. She has provided us with several new “leads” relating to the whereabouts of Stuart Bonds, case 2005-1633 who is believed to be living in Newark, N.J. There is an open bench warrant on Mr. Pagan. The addresses provided by Ms. Eagle were forwarded to Sergeant Orchulli, who handles warrants for the Sheriff’s office. Sgt. Orchulli was provided with Ms. Eagle’s cell number and called her yesterday. In addition I have been communicating with both Leigh Ann Fischer, Clerk of Courts in the Criminal Division and Archie Disidore, Director of Court Services about Ms. Eagle’s restitution claims. Leigh Ann advised us that Stuart Bonds had failed to appear for a parole violation on 8/1/08 which instituted the bench warrant. She contacted Marie Bartosh in the probation office who confirmed that Mr. Bonds is still on probation and there is still an open bench warrant on him. Regarding the other individual owing restitution to Ms. Eagle, Bolivar Pagan, JV248-2000 Leigh Ann contacted Michele Zito in the juvenile probation office who indicating that a judgment has been filed against Mr. Pagan. Ms. Eagle provided me with information that Mr. Pagan is currently residing in Allentown, and is on adult probation in Lehigh County. Leigh Ann will forward this information on to our probation office to see if we can work together with them to facilitated her restitution.

Ms. Eagle has asked that we delay referring the Pagan restitution matter to MRS, our collection agency since Sgt. Orchulli has some promising leads that may be fruitful. But she is aware that is an option if other methods begin to fail. I have advised Ms. Eagle that Leigh Ann will now be her primary contact for her restitution matters. She may also contact Sgt. Orchulli with information that could lead to the serving of Mr. Pagan’s bench warrant.

So at this time I feel we are doing all we can to be of assistance to Ms. Eagle to obtain her restitution.

Crime Victim Snubbed by Steve Barron

Barron at Pigs game

January 10, 2001.

It's a date Easton union activist and resident Susan Eagle will never forget. Her grandson was born that day. While she was in the hospital with her daughter, three juveniles - including Bolivar Pagan - vandalized her home during the course of a burglary.

All of them were caught. Two of them have made restitution. But Pagan owes Eagle $116.66, and it's unlikely she'll ever see it, even though officials know he's in Allentown, where he was arrested last June for driving under suspension.

Fast forward to 2005. Stuart Bonds runs a stop sign on Ferry Street and smashes into a car being driven by Eagle's daughter. He had no insurance and was driving with a suspended license. He was ordered to make $1209.85 in restitution, but gave a false address, and the money's never been collected. It's unlikely Eagle will see a dime of that money, either. Bonds is in Newark, and nobody's in a rush to go get him.

Eagle has been complaining to County officials for years, to no avail. Our Court system is more interested in processing cases than in actually doing justice. So she, and many like her, end up with nothing.

In 2006, over $28.6 million was outstanding in court fines and restitution. Amazingly, instead of issuing bench warrants for these deadbeats, Lamont McClure proposed a collections agency. Compared to a judge, who has the power to imprison you, this is perhaps the most idiotic way to collect from convicted criminals. But it eases the court load, so the hell with justice.

Fittingly, on April Fool's Day, Eagle met Northampton County Controller Steve Barron at some kind of political fundraiser. He promised to help, but has ignored her. According to a conversation with Eagle, "He has completely ignored me from April 1 until today."

During this time, Barron made absolutely no effort to let the administration know about this woman or her plight, and then began ignoring her, too. He must have been shocked to see her in front of County Council on Thursday night, where he was hoping to scare everyone half to death with asbestos claims.

Whether it's asbestos or restitution, none of this has anything to do with Barron's job as Controller.

Unlike Barron, I will tell Ms. Eagle that it's unlikely she'll ever see a dime of the money owed her. That's because our system is designed to process cases, not do justice. Barron von Footinmouth would never have the nerve to tell a judge or probation officer that they blew it, but they do it all the time, unmindful of the reality that to these victims, $100 is a lot of money.