Olean Police Department Covers Up Criminal Conduct of Assistant District Attorney Elizabeth Noelle Ensell LaFleur. One thing you learn from your Father or Mother when you are first given the keys to the family car for your learners permit; It’s your fault if you hit a pedestrian, PERIOD, but this is Cattaraugus County New York after all, where the rule of law is on permanent vacation and justice goes to die…. and if you’re a member of the criminal powers that want to be any type of crime you commit the rest of your ilk will come running to your rescue and cover it up. I am sure you have heard of the term “hit-and-run”. In Catt County if you’re a corrupt public employee and you hit someone who is legally crossing the street in a clearly marked crosswalk and they are sent to the hospital for injuries it’s called “hit-and-cover-up”…
In one recent case she looked a jury square in the eyes and stated “Drivers Responsibility”. Where was hers when she ran over a pedestrian in the crosswalk? More corruption uncovered in Cattaraugus County. Further proof if you are part of the ‘elite’ criminal want-to-be cabal in Cattaraugus County New York, the rest of the Cattaraugus County racketeering and organized corruption gang will come to your rescue and cover up your crimes.
On Monday, November 14th, 2016, on, or about 9:34 AM, Cattaraugus County Assistant District Elizabeth N Ensell, who lives in Ellicottville New York, a multi-generational member of the powers that want to be county racketeering and organized crime gang, ran into a civilian who was crossing the south bound Union Street lane in a clearly marked crosswalk. The pedestrian was taken to the hospital and received treatment. There was no indication that this latest victim of the District Attorney’s Office was released from the hospital right away and the police report blamed the incident on the pedestrian. Yes, that’s right, if a corrupt ADA hits you while you are legally crossing the street it’s your fault and the Police wll blame you. Ensell was not charged in any manner whatsoever, unlike us normal folks who would have most likely wound-up in jail and charged with attempted vehicular manslaughter. After all, the Olean Police department is ticketing people for just touching the roundabouts, an area we the people are not that familiar with or use to because they are new…
“let us take advantage of our scheme”
Remember how the new layout was touted as creating a safe walking/downtown experience for the pedestrian, not to mention the pro-business effect it was going to have for one of Olean’s last remaining heavy industrial businesses who is now just ‘one-lay-off-away’ rom shutting down completely? Leave it to a corrupt ADA to expose that façade.
The corrupt elements of the Olean Police Department would then go into cover-up mode to protect one of their own by attempting to obscure the facts and circumstances surrounding Ensell’s criminal conduct, which Ensell herself has no problem targeting others for, be they real crimes or not…. The Olean Time Herald, which is just a shell of it’s former self, would then regulate the story to a small section in the Police Report to assist in the cover up.
The Olean Police report on Ensell’s criminal conduct speaks volumes, here it is verbatim (the truth is stranger than fiction);
“Monday, 9:34a.m., no charges were filed after a pedestrian in the crosswalk was allegedly struck by Elizabeth N Ensell, 30, of Ellicottville. According to a police report, Ensell was turning south onto North Union Street from Laurens Street, turned to look at the sidewalk and could not stop. The report stated the pedestrian failed to activate a pedestrian warning signal in the median before entering the southbound sidewalk. The pedestrian was transported to Olean General Hospital and received treatment for a contusion”
Lets break this cover up down;
- “no charges were filed after a pedestrian in the crosswalk was allegedly struck by Elizabeth N Ensell” The pedestrian went to the Hospital and received treatment for a ‘contusion’. It either happened or it did not, period, there is no ‘alleging’ here… It does not state if he was released soon after, and…
- “Ensell was turning south onto North Union Street from Laurens Street.” There is one major issue with that statement, there is no crosswalk as you enter South Union Street from Laurens. The ‘report’ implies that there is a crosswalk just as you enter onto Union to make it appear as to imply Ensell-LaFleur was dealing with numerous ‘challenging’ conditions that could have ‘overwhelmed’ her ability to comprehend what was occurring at that precise moment in time in an attempt to downplay her responsibly as a driver in the minds of the readers of the article. The actual crosswalk is about a half of a block down on Union, a straight stretch with no intersection, so for a driver passing through that area, the effort to understand and be aware of one’s surrounding are minimal, unless of course you are ‘distracted’… texting maybe? Did the cops even check that out?
- “turned to look at the sidewalk” why would anyone “turned to look at the sidewalk”? The crosswalk section on the right side jets out from the sidewalk to its final location slightly to the right of oncoming Unions Street lane vehicular traffic. There are court cases referenced further in this article that directly proves this statement is bogus.
- “could not stop”, and why is that? Weather wasn’t an issue and the weather temperatures were above normal for the low temperatures ranges for that time a year (no freezing conditions). Plain and simple Ensell-LaFleur threw caution to the wind and ignored her responsibilities as a driver and should be held to the same standard she, as well as her employer holds others too. Was she texting? Further, the pedestrian was crossing from left to right, her side of the street, she had a clear view of the roadway in front of her.
“The report stated the pedestrian failed to activate a pedestrian warning signal in the median before entering the southbound sidewalk.” This is a completely lie. THERE IS NO BUTTON IN THE MEDIAN TO ACTIVATE. There is a button on each side of the crosswalk that a pedestrian can activate however there is NO LAW that requires a pedestrian to “activate” the warning signal AND New York law is very clear, once a pedestrian enters a clearly marked crosswalk the driver MUST yield. We walked across numerous times without activating the warning signal to test this statement and all oncoming traffic stopped to let us continue on our way. Further there are numerous clearly marked crosswalks on Union and only three of them have warning signal systems installed on them. NOTICE how the newspaper and police report is attempting to shift the blame to the pedestrian? Will drivers who read the Olean Herald attempted cover up article now fall under the belief that you only have to stop your car for a pedestrian in the cross walk if they ‘activate’ the crossing signal? We also wonder if the pedestrian will also be required to pay the hospital bills too, just like others who have been victimized by Ensell are threaten with.
This is standard procedure by the corrupt elements of Cattaraugus County to pass the financial liability unto the victim. Again, it further appears the pedestrian was walking from the opposite side Union Street, from the north bound lane, across the median to the South bound lane of the street, in other words, from left to right which would place Ensell in the perfect position to see the pedestrian walking across the street in the crosswalk providing she was living up to her responsibilities as a driver.
It was clear that Ensell-LaFleur was not paying attention to her driving that morning as a witnesses statement clearly showed she was looking down when she struck the pedestrian unlike the Newspaper who said she was looking to the right.
What are most people doing when they are looking down, why like texting? Which the Olean Police Department refused to press charges.
Further the pedestrian was almost in the middle of the roadway when she was struck by Ensell-LaFleur. She had not just stepped off of the median and she also appears to be a sufferer of cerebral palsy so she wasn’t sprinting out in front of any traffic. This is the kind of criminals we have employed in the local government. The picture shows the location of Ensell’s victim when she was struck, however it was taken later in the day at 1:59 PM to make it appear as if the sun could have played a role in Ensell not seeing her victim crossing the street.
Ensell’s prior conduct proves she breaks the law constantly and could care less about it, so was she doing something when she hit one of us that could have distracted her, like texting or on the phone, or something else? Did the police even look at that? Why would they… an ADA would never violate the law, but this is Cattaraugus County where if you are a government employee in order to get raise you need to abuse a citizen and commit perjury.
So what laws concerning drivers was Ensell-LaFleur mandated to obey, and what should she have been charged with when she violated them?
“Drivers must yield to pedestrians who legally use marked or unmarked crosswalks. This means you must slow down or stop if necessary.” That is right from the NYS-DMV website.
Further, section 1151 of the New York Vehicle and Traffic law clearly applies to this matter. This section requires a driver to slow down, stop, or otherwise yield to a pedestrian in a crosswalk where there are no traffic-control devices or they are not in operation at the time. Thus, if a driver fails to yield and strikes a pedestrian, this section can be utilized as one of the basis of holding the driver liable, was Ensell? Nope, anyone else would have been charged with attempted vehicular manslaughter.
“Due care, which a driver has a statutory duty to exercise to avoid colliding with any pedestrian on any roadway, under New York law, is that care which is exercised by reasonably prudent drivers.” Kane v. U.S., 2002, 189 F.Supp.2d 40.
“Motorist did not exercise requisite due care to avoid the collision with plaintiff’s minor daughter, where motorist did not keep his eyes on the road at all times while approaching plaintiff’s daughter but, instead, looked away from the road, to his left, and observed plaintiff just before the collision, and observed daughter prior to the collision and failed to warn her that he was approaching.” Stallings v. Copeland (4 Dept. 2006) 28 A.D.3d 1215, 814 N.Y.S.2d 472.
“A motorist is negligent whenever he fails to look out for pedestrians at a crossing, or when he sees, and does not, so far as is in his power, avoid pedestrians.” Linton v. Forman Family, Inc., 1961, 215 N.Y.S.2d 878
This shows you just how criminally oriented the corrupt elements of the local criminal cabal are and how far they will go to cover up the crimes of one of its members. Don’t expect any justice or real investigation from the State Police, Ensell’s father, retired N.Y.S.P. Sr. Inv. John Ensell, who use to work for the District Attorney’s Office to (nepotism runs deep in this county), his prior ‘investigations’ (and we use the term loosely) have been very questionable and you will be actually threatened with charges by the State Police if you ask for an investigation into public corruption. Then you have Elizabeth’s sister who has been busted for drugs as well as other crimes. We wonder how those charges will turn out. Is it any wonder why New York State is considered the most corrupt and least free state in the country? One big happy family.
This is nothing new for Elizabeth N Ensell and her cohorts. She routinely engages in this type of criminal behavior at the blessings of the county court and her boss District Attorney Lori Rieman and her side kick ADA William Preston Marshall. Ensell will cite laws that do not exist in an attempt to deny victims of their rights and in doing so violates the New York Lawyer’s Code of Professional Responsibility DR 7-102 [1200.33] subjecting her to forfeit her license to practice law and her oath of office.
To the right you will see the arrogant attitudes the Cattaraugus County District Attorney’s Office has towards We the People. There are at least three of them worth mentioning in this facebook posting. Ensell’s post occurred right after a targeted victim of theirs appeared in the Ellicottville Town Court to challenge Ensell and Rieman illegally presenting the victims alleged ‘crimes’ to the Grand Jury. The victim was there to challenge Ensell’s and Rieman’s authority, i.e. jurisdiction, as prosecutors to move it to the Grand Jury, which they did not have the authority to do so, not to mention the fact that Ensell was sitting on Exculpatory Evidence that she was refusing to release to the defense;
People v Hohmeyer, 70 NY2d 41, 43 (1987). “A valid accusatory instrument is a nonwaivable jurisdictional prerequisite to a valid local court prosecution and that issue may be raised at any time during the proceeding including being raised for the first time on appeal.” People v Peacock, 68 NY2d 675 (1986); People v Alejandro, 70 NY2d 133 (1987).
This is the true vile nature of Ensell and the District Attorney’s Office Employees in general. It is very apparent on Ensell‘s May 12th, 2016 Facebook post, where she claims that standing up for ones rights is “arguing” and being ‘rude’, a prime example of her true pompous vile nature. Further you will notice that she goes by the name of “Elizabeth Noelle” on facebook in an attempt to hide her identity, similar to what ‘ADA’ William Preston Marshall does, just like criminals do because they are criminals. This shows you the local criminal elitist mentality that our servants have for We the People, their masters. Further the victim, when acting pro-se, spent much time studying the law, which he did for seven years back in the 90’s. He also utilizes LexisNexis and West Law, the same thing lawyers, law clerks and judges use, which can be found at any good law library, not ‘google’, and he further won a NYDMV Refusal Hearing and Appeal on his own in 2016 (which is hard even for seasoned attorney’s) and earlier cases as well. So he is more than capable of ‘representing’ himself or ‘assisting’ his lawyer.
Then you have Preston Marshall, AKA William Preston Marshall, AKA Bill Marshall, who has more aliases then Dr. Josef Mengele, he also chimed in. Here he is making fun of the victim’s Attorney who was only trying to help the Little Valley Town Judge understand what was going on because ‘Preston’, his wife Bridget Marshall and Ensell were strong-arming the judge into railroading the victim into a ‘mental’ institution for defending himself against bogus charges. ‘ADA’ Marshall’s wife would hit the victim in order to provoke him into defending himself and striking back, which he did not fall for. She was sitting directly behind him for the purpose of overhearing the privileged conversation the victim was having with his lawyer and report it back to Ensell and her husband. Jillian Koch, the Little Valley Town Court Clerk would then illegally edit out of the transcript the objections of the victim, his lawyer and others who were present to the assault. Gilbert’s Commentary is very respected in the field of law to help easier understand it. The victim was ultimately sent to the Jack Nicholson suite in Elmira, New York, however he was released less than 24 hours later which proved the whole thing was a railroad job by William, his wife and Ensell. Just a side note: About one week later Ensell would argue just the opposite in court when the victims attorney brought the earlier issue up, a complete contradiction and sign of mental instability. and last but not least Dani Watkins, the secretary who makes fun of we the citizens defending our rights by referring to RENO 911.
This event was a CPL 730.30 hearing in which their victim was forced to see over 15 mental health professionals because Marshall claimed that the victim was incapable of defending himself or assisting his attorney. ‘ADA’ Kelly Balcom attempted the same CPL 730.30 Stalin maneuver at an earlier hearing in Machias, New York, concerning the same bogus charges and the judge completely ignored her. Talk about a waste of taxpayers money not to mention the liability they create. Who is crazy again?, then a little over a week later she would argue there was nothing wrong with the victim mentality? A complete contradiction in logic and reason. Who needs a mental exam again? The mental patients are running the county DA office and court…
CPL 730.30 hearings are used by corrupt District Attorney Offices in New York State to retaliate against Citizens who are exercising their rights. One individual decided to do something about it and is now spearheading a bill in the legislator to create a Committee on Prosecutorial Misconduct in New York. Call your local rep and voice your support for the legislation.
Olean Area Traffic and Community Safety Alliance Picks up CatCountyCorruption Story and it Goes Wild
About the same time this article came out, the Olean Area Traffic and Community Safety Alliance picked up this story on corrupt ‘ADA’ Elizabeth Ensell and her vile nature. It was the top trending story that weekend in Cattaraugus County. Through it we discovered one of the members father, a volunteer fireman, was a witness to the hit and cover-up. In the individuals own words that appeared on the Safety Alliance thread;
“They wrote all his info down and he saw the whole thing. My dad is a firemen and he was taking care of the victim while waiting for Olean FD to get there. He said when the cops got there she [Ensell] got out of the car and was telling the cops DO YOU KNOW WHO I AM and she told the cops who she was and everything went to hell then. They never followed up with him or nothing after giving his statement.”
There are many other reveling comments on the thread also. To check out the whole site click here: https://www.facebook.com/groups/362964970569859/
Duty of Olean/Cattaraugus County Sheriffs Office and Prosecutors to Prosecute Elizabeth Ensell.
Ironically, the FRONT PAGE of the Buffalo News April 6th, 2017 morning edition, just one day after this article was published would print a story of how a family member of a local prominent attorney, who was a Niagara County Assistant District Attorney at one time, was not charged with DWI. The story lists a Police Lieutenant (who is also a Town of Lewiston Supervisor) and a police captain as the individuals who failed and/or refused to do their duty by not charging the daughter of the local prominent attorney. The Lieutenant told the road deputy that he knew the woman’s father and asked the deputy not to charge the woman with DWI according to the Erie County Undersheriff handing the case. The Undersheriff stated “It was based on personal relationships, We don’t condone this”. However in the DWI matter the woman WAS NOT INVOLVED IN AN ACCIDENT UNLIKE ENSELL WHO ACTUALLY HIT SOMEONE AND SET THEM TO THE HOSPITAL.
In part two we will provide you with absolute proof just how corrupt the Judicial Branch of Cattaraugus County is. The evidence clearly shows that “Judge” Ronald Ploetz is nothing but an extension of the corrupt District Attorney’s Office. He routinely perjures himself to cover up for the crimes of family members and/or friends of the Cattaraugus County RICO cabal. The case that provides exactly what is going on in this county is one that involves another Ensell Family member, one Catherine Ensell and John Ensell, who use to work for the District Attorney Office. Catherine has had a violent past, it first started off with a Obstruction of Government Administration in 2009 then moved on to more violent conduct. The first violent act was attacking another woman with a Goldslauger bottle over the head, sending the woman to the hospital and soon after she would stab another woman. She was charged with felonies on both occasions but she is allowed to plead down to a single misdemeanor. Other conduct throughout the years would include a DWI and promotion of prison contraband. Those were handled by the lower local courts. In 2016 Catherine, along with three other people were busted for dealing drugs in Olean, New York. All four were indicted on the same counts; (1) B Felony; (1) Misdemeanor, and; (1) Violation. One of the individuals had a small prior non violent record, All individuals had to take a felony plead, but not Catherine, they offered her a misdemeanor with drug rehab. See how the corrupt elements of the Cattaraugus County Cabal help cover up each others crimes?
More Crimes by Elizabeth Ensell
The video below shows the what appears to be the attempted murder of a local rights activist Christopher Kochan. He was on his way home after meeting with another victim of county corruption and had on him important documents that he had received from the other victim. While trying to avoid any type of contact with ‘law’ enforcement on his way home he was blocked in by two patrol cars. Upon coming to a complete stop he had guns drawn on him in two seconds. Within another 25 seconds he either had his window shot out or knocked out by the cops and was then violently pulled from his car, thrown to the ground, knocked out and stomped upon by the cops. He was then handcuffed while he was unconscious. Once he regained consciousness he was pulled to his feet in a injurious manner. He was taken to the hospital and the hospital then attempted to cover up the serious injuries he had sustained by not even mentioning that may have been a serious head injury. He had blood flowing from his left ear, a sign of a skull fracture or major concussion. The police body cam would show him leaving the hospital with blood still flowing from his ear and the medical report would list his ‘auditory canals’ as clear. We have the videos and the medical records that prove it and will be releasing them shorty. It must have been the civilian traffic that came upon the scene shortly after the stop that caused then to abandon dubious plans.
‘ADA” Ensell and ‘DA’ Rieman’s job was the inquire into this injury and in fact by law they were mandated to, however they attempted to cover it up just like the hospital. County Court ‘Judge’ Ronald Ploetz was well aware of the injuries and what had occurred however he assisted in the cover up by completely ignoring it. The law is clear, Ploetz was mandated by law to inquire into the injury and the circumstances that surrounded it, which People v Valletutti 297 NY 226, No effort was made by the prosecution to show (aside from the denials by the policeman of any violence) how or where these injuries were in fact inflicted, nor did the prosecution call as a witness the physician who made the entry in the jail records. This court said in People v. Barbato, 254 N.Y. 170, 176, 172 N.E. 458, 460: ‘The district attorney on this evidence was called on to account for the defendant’s condition.’ A similar duty was on the People in this case, and no sufficient accounting is in the present record at page 461: ’…on the weight of evidence the physical facts corroborate defendant’s statement that injuries were inflicted by the police officers to procure a confession.’ Ploetz would rule against Mr. Kochan’s motion to suppress the statements at the scene claiming that Mr. Kochan was not threatened in anyway. You read that right. Ploetz claims that having guns drawn on you in two seconds, having your window knocked out in 25 seconds and then dragged out of your car, thrown violently to the ground, knocked out then stomped upon, handcuffed and pulled to his feet in a injurious manner is not a threat in anyway, shape or form. A superior court has already ruled Ploetz doesn’t know what an arrest or a question is and it is now apparent he doesn’t know what a threat is either. These criminal acts by Ploetz, Rieman and Ensell are the subject of other articles.