Cattaraugus County New York District Attorney Lori Rieman Commits Fraud Upon the Supreme Court 4th Appellant Division, Rochester New York

Not to be outdone by any of her mentally deranged minions, Cattaraugus County New York “District Attorney” Lori “Don’t You Stare at Me” Rieman outdoes herself again. But this time with a more serious note. In a desperate bid to maintain her dwindling influence due to the criminal corruption that permeates the Cattaraugus County New York State District Attorney’s Office, Lori “I never took a oath of office” Rieman commits perjury at the Appellant Court level and in doing so commits an act of fraud upon the court.   

Notice on Appeal Perfected

Notice on Appeal Perfected. Click to Enlarge. 

In her latest criminal escapade, Cattaraugus County  “District Attorney” Lori Rieman committed perjury before the Supreme Court, 4th Department Appellant division in Rochester New York. The timeline and conduct of various individuals/entries is very important;

1) December 13, 2018. Appeal Perfected. Now in the hands of the court

2) January 13, 2019…… now how could that be and what did he do….

3) January 14, 2019, etc… (see The People of the State of New York (Respondent, v. Maurice E. Connolly and Frederick Seely, Appellants 253 N.Y. 330; 171 N.E. 393; 1930 citing People v. Miles, 123 App. Div. 862, 875; affd., 192 N. Y. 541)

In the process of Rieman’s perjury and high treason, she also failed and/or refused to file her response to an appeal where she took minor traffic violations to a Grand Jury. In New York State you are not allowed by law to take minor violations., i.e. parking tickets, to a Grand Jury. (CPL 170.20). Her response was due on January 14, 2019, which she failed and/or refused in her duty to perform to. What happened right before the January 14 response date?

The Appellant divisions of the Unified Court System of New York is one step below the Court of Appeals, the highest court in New York State. The 4th Department is one of many intermittent courts in New York. This is where appeals on felonies from county courts occur, however this appeal deals with a misdemeanor, so how did it end up at a County Court level and appealed to a intermediate court?

In the State of New York, after the Court of Appeals you have the right to take your issue to the federal level. In the US that would be a circuit court, then the 2nd circuit of appeals.  The US Supreme Court is next step as well as other authorities.

In this matter, after “DA” Rieman won her rigged trial, the victim of her criminal incompetence  appealed the matter. This included the fact that “DA” Lori Rieman committed Fraud Upon the Court. As such, Rieman is now a prime candidate for losing her license to practice law (a license which she appears to have acquired from a crackerjack box) . Will the 4th Department hold her accountable?

Rieman’s office is staffed with a number of other criminals. “Don’t You Stare at Me” Rieman and her minions criminal conduct  is legendary in the annuals of New York State Jurisprudence. She likes to set the precedent on government misconduct. Rieman’s  criminal nature has also been exposed in numerous articles by the Buffalo News and elsewhere;

Pictures of Murder Victim Richard Metcalf and the E-Mail to the NYSP by "DA" Lori Rieman admitting to delaying the findings. Click to enlarge.

Pictures of Murder Victim Richard Metcalf and the E-Mail to the NYSP by “DA” Lori Rieman admitting to delaying the findings. Click to enlarge.

Rieman and her office have covered up murders and have been the subject of numerous lawsuits due to her criminal incompetence all at the expense of We the People, i.e the Tax Payers, the final authority in this state. 

In one case out of Buffalo New York she was given, the New York State Department of Corrections found a victim under the care of Erie County, one Richard Metcalf, was murdered  at the Erie County Holding Center…”DA” Rieman delayed her findings so lessor charges against the murders of Mr. Metcalf could not occur (statute of limitations) and would further delay the final findings until after a closely contested  election occurred so it would not adversely effect the outcome of the election.

Rieman is so arrogant in the belief that the law does not apply to her she even sent an e-mail to the NY State Police on how she was going to cover up the Metcalf murder (copy of email at bottom of article) so as not to effect the election outcome (see the image directly to your upper left).

In the Erie County Metcalf coverup, Mr. Metcalf had a spit mask tied so tightly around his neck the EMT’s could not even get their fingers under the lacing when they arrived at the Erie County jail. The prime suspect in that matter was even given a job in Ellicottville, New York, a favorite hangout of Rieman and her demented crew.

In another matter, one of her minions, one “ADA” William Preston Marshall would threaten to take away a husband and wife’s minor children if the wife did not testify against the husband to something she did not see.

In the Appeal now perfected and before the 4th department Rieman would take minor traffic violations before a Grand Jury and comes back with a 10 count indictment, 9 counts being traffic violations and 1 count being a misdemeanor. It ends up in the Cattaraugus County Court in front of a 12 person stacked jury. A majority of the jury members are taxpayer funded public employees. One was even an elected official, the very people you don’t want on a jury because their livelihood depends on the very system you are challenging. That is the most disturbing aspect of this tragedy. If the county governments in this state can rig a trial jury, which should be fully vetted by the defense attorney to find a person guilty, how rigged are the Grand Juries, which are totally secret and are supposed to be the Guardian of We the People?

“The primary function of the Grand Jury is to uncover crimes and misconduct in public office for the purpose of prosecution (see NY Const, art I, § 6; CPL 190.65, 190.55).” People v Tyler, 46 N.Y.2d 251, 258-259, see also People v Rao 73 A.D.2d 88 (N.Y. App. Div. 1980)

jd-suit-agasint-rieman

Federal Lawsuit against DA Lori Rieman & her Employees concerning their mental capacity, i.e. their temperament and psychological makeup. Very disturbing. Click to Enlarge.

Rieman and her crew of criminals have not only been called out by this website, they have also been called out others too… including one prominent attorney, a former prosecutor in Erie county who laid it out perfectly;

“… that said agents, servants and/or employees…. [the Cattaraugus county DA’s Office] did not possess the temperament and psychological makeup to properly carry out their duties as responsible government officials.”    Does that include the present County Attorney EF? 

So the appeal is filed and perfected in the matter this article concerns. Rieman is given 20 days to respond. She files a motion to extend time. For such a motion to be granted good cause has to be provided (Tewari v. Tsoutsouras, 75 N.Y.2d 1).

Reiman's motion where she committed perjury. Click to enlarge

Reiman’s motion where she committed perjury. Click to Enlarge.

The motion contains an affidavit sworn under penalties of perjury to support the motion. In the affidavit she claims that she only has;

“Limit[ed] resources and personal in this office [District Attorney Office of the County of Cattaraugus], consisting of two attorneys to handle all of the felony cases and appeals, making it difficult to comply with the relatively short time limit schedule for receipt of Respondent’s Brief” 

This is a complete lie. Furthermore, this appeal involved a misdemeanor, not a felony, another implied lie. There are seven attorneys presently employed in the Cattaraugus County District Attorneys Office according to the county’s website. Five of the seven have taken/handled appeals to the Appellant Division, or the Court of Appeals and if they handle appeals on the felonies, they most certainly handled felonies in the lower county court. Her is a short list on who and what handled what in the decrepit Cattrataugus County DA’s Office;

Motion in Opposition to Rieman's perjury. Click to enlarge.

Motion in Opposition to Rieman’s perjury. Click to enlarge.

Judiciary Law § 487 is the ruling statute that controls the definition/elements of what constitutes “fraud upon the court”;

An attorney or counselor who:

  1. Is guilty of any deceit or collusion, or consents to any deceit or collusion, with intent to deceive the court or any party; or,
  2. Willfully delays his client’s suit with a view to his own gain; or, willfully receives any money or allowance for or on account of any money which he has not laid out, or becomes answerable for,

Is guilty of a misdemeanor, and in addition to the punishment prescribed therefor by the penal law, he forfeits to the party injured treble damages, to be recovered in a civil action.

Rieman also violated New York Penal Law § PL 210.10, New York Penal Law § 195.00 (1) and  22 NYCRR § 1200.0, RULE 3.3 (a) (1); CONDUCT BEFORE A TRIBUNAL;

(a) A lawyer shall not knowingly:

(1) make a false statement of fact or law to a tribunal or fail to correct a false statement of material fact or law previously made to the tribunal by the lawyer;

The Exhibits to Motion in Opposition to Rieman's perjury. Click to enlarge.

The Exhibits to Motion in Opposition to Rieman’s perjury. Click to Enlarge.

22 NYCRR § 1200.0, RULE 4.1: TRUTHFULNESS IN STATEMENTS TO OTHERS

In the course of representing a client, a lawyer shall not knowingly make a false statement of fact or law to a third person.

Not only that, If anyone was a prime candidate for an MHL 9.43 order, Lori “Don’t You Stare at Me” Rieman would set the standard.

Her victim filed a Motion in Opposition to her perjury at the 4th Department. It is now in their hands. How will it turn out, will they hold her accountable?