…up the ladder does it go? In New York State the State Reporter is the one responsible for publishing court decisions that appear online, on websites such as westlaw, or justia.com. Appellant decisions from the appellant courts are mandated to be published pursuant to Judiciary Law 431. In western New York that would be the 4th department in Rochester (as well as the Court of Appeals). However, when it comes to county, supreme, town and village courts, known as trial courts, Judiciary Law 431 states that “any cause determined in any other court which the state reporter, with the approval of the court of appeals, considers worthy of being reported because of its usefulness as a precedent or its importance as a matter of public interest.”, or “unless otherwise directed by the court deciding the cause”…guess which lower court case was published?… Continue reading
The New York Grand Jury System is one of the most powerful Grand jury systems in the world, however it has broken down because it is controlled by the very people it is intended to investigate and hold accountable; Corrupt District Attorney’s like Lori Rieman; “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) . The term “a grand jury can indict a ham sandwich” was coined here in New York. So was “testlying”, the two most dangerous phrases ever to infest American Jurisprudence.
Most New Yorkers fail to understand their power when seated as a Grand Jury member. It was designed to be a “run-away” process where We the People could control and hold accountable corrupt government officials, like the many that inhabit Cattaraugus County New York found in the District Attorney’s Office. It is engrained in the New York State Constitution.
Furthermore, the Grand Jury exists to protect citizens, i.e. We the People, from needless and unfounded prosecutions as well as to investigate crimes (see, e.g., People v Lancaster, 69 N.Y.2d 20 at 25 ; People v Ford, 62 N.Y.2d 275, 282 ; People v Iannone, 45 N.Y.2d 589, 594 .
New York State Constitution, Article I, Section 6, Paragraph 2; The power of grand juries to inquire into the wilful misconduct in office of public officers, and to find indictments or to direct the filing of informations in connection with such inquiries, shall never be suspended or impaired by law. No person shall be deprived of life, liberty or property without due process of law. (Amended by Constitutional Convention of 1938 and approved by vote of the people November 8, 1938; further amended by vote of the people November 8, 1949; November 3, 1959; November 6, 1973; November 6, 2001.)
- Never impaired by law; a reasonable and sensible person clearly understands these words and what they means; no law can dictate to a grand jury what they can and cannot do when investigating and handing down indictments against public officials. If any local, county or state government employee tells you otherwise, tell them to review article I, section 6 of the New York State Constitution. Further, if you are a member of a grand jury and any government employee tells you that you can’t do something, subpoena them, put them on the stand and demand they sign a waiver of immunity and make them testify as to what they just said. If they were telling you the truth they would have no problem doing that under oath, now would they? See the powers of the grand jury below, very important…
- Shall never be suspended; that means in time of war, strife or whatever, a grand jury can always be seated and/or in power.
- Absolute; (as defined in blacks law); complete, perfect, final, without any condition or incumbrance; as an absolute bond.
- Indictments: The Grand Jury itself can pass down indictment against corrupt public officials
- Information; A Grand Jury can pass down an indictment against a corrupt public official, or make a recommendation to have charges filed against a corrupt public official. In our opinion, in this age of corruption it is better that a Grand Jury indicts a corrupt public official then allow another public official to charge them.
To give you an example of the power of the New York State Grand Jury System one needs to look back to February, 1934, where a New York Grand Jury made an effort to inquire into the policy racket, similar to what we have today known as ticket quotas. After eleven months of continued activity, it found itself stalemated, and handed up a recommendation that another Grand Jury take up the matter, and devote its entire time to it. The March, 1935, Grand Jury was charged with the duty of investigating all forms of organized crime, and any connection between such acts and law enforcement officials. In order that it might have a free hand and go after corrupt government officials, it threw out the corrupt district attorney running it , like corrupt District Attorney Lori Rieman we have here in Cattaraugus County New York who covers up murders .
The 1935 Grand Jury, though headed by a capable foreman, made no progress . When the futility of the investigation became apparent, the Jury joined with the Grand Jurors’ Association in urging upon Governor Lehman the need of an Extraordinary Grand Jury, and a Special Prosecutor to continue the inquiry. The rackets investigation is now being conducted by a carefully selected jury, with the aid of Thomas E. Dewey, Esq., and an appropriation of a quarter million dollars . This led to the successful prosecution in New York City of criminal organizations, which in Cattaraugus County is mainly comprised of corrupt public employees, their friends and family members.
Accessed December 13, 2018.
 People v Tyler, 46 N.Y.2d 251, 258-259
 People v Rao 73 A.D.2d 88 (N.Y. App. Div. 1980)
 People v Lancaster, 69 N.Y.2d 20 at 25
 People v Ford, 62 N.Y.2d 275, 282
 People v Iannone, 45 N.Y.2d 589, 594
 Quare as to power to exclude the prosecutor. Pro: Matter of District Attorney’s Relations to the Grand Jury, 14 N. Y. Cr. 431 (1900). Contra: People ex rel. District Attorney v. Dist. Ct., 75 Colo. 412, 225 Pac. 829 (1924).
 Compare, the exposure of the Minneapolis system of graft which was forced through by the foreman. 2 LINCOLN STEFFEN’S AUTOBIOGrAPHY (1931) 327, 379. N.Y.Times, Jan. 17, 1935, p. 3, col. 1; 13 THE PANEL (Sept.-Oct. 1935).
ACTUAL JUDICIAL ETHICS COMMISSION DETERMINATION. Right from the New York State Judicial Ethics Commission website. Allegany Town Court Judge David Porter Disqualified. Was ‘ADA’ Elizabeth Ensell involved? Continue reading
Today (6/7/17) Mr. Kochan’s Attorney finished up his cross examination upon Ellicottville/Salamanca/Hamburg/Franklinville Police Officer Cori Kowalski (did we miss any?). Kowalski is the one that drew a gun on Mr. Kochan in two seconds, shot out or knocked out his window 25 seconds later and then pulled Mr. Kochan from his car throwing him on the cold, hard pavement head first knocking him unconscious then stomping on him. Continue reading
Cattaraugus County Judge Ronald Ploetz violating his oath of office again, or was it someone who showed up in the audience that caused him to go against Mr. Kochan’s Marinida rights? In the trial of Christopher Kochan, where the original three charges were superseded one day later by three of the same charges thereby rendering them invalid and eliminating the District Attorney’s ability to prosecute; “It is well settled that a simplified traffic information can only be amended to cure amendable defects and cannot be superseded by another” People v Tate 45 Misc 3d 131(A)). When Mr. Kochan called them out on that they then attempted to use a fraudulent Notice of Presentment. In order to take a matter to the grand jury that is not a Felony (Felony’s are automatic), you need at least one misdemeanor charge. In this matter there was only one misdemeanor charge listed on the Notice of Presentment, which Mr. Kochan was never charged with. So the DA could not use that process either. Continue reading
By default Cattaraugus County Judge Ronald Ploetz is the head dragon that controls the public corruption that permeates Cattaraugus County, New York. Being a judge he can easily put an end to it by simply obeying the law which in fact he ignores and does the exact opposite. He exemplifies the very type of person that the American public has grown to disdain and just voted out of office in November of 2016. This article will detail his acts of treason and perjury as he attempts to cover up the crimes the corrupt District Attorney’s Office and other corrupt elements of Law Enforcement instead of obeying the law, his oath of office and holding our public officials accountable for their violations of oaths of office and other violations of our rights. This article is for all individuals, however it focuses on the state, national and international audience. Continue reading
On February 27th, 2016 when a local rights advocate traveled to Buffalo NY to meet up with a victim of the corrupt elements of Cattaraugus County. They discussed and went over evidence of how the county buys off law firms to throw cases that attempt to hold county officials accountable for their crimes that would reduce the liability of we the taxpayers and protect our rights. He almost did not make it home alive…
Not to be outdone by his boss, criminally corrupt “ADA” William Preston Marshall, who is attempting to hide who he really is by using derivatives of his full name recently had kidnapped a Pro-Se litigant who was exposing Marshall’s criminal nature. The “former” pro-se litigant supposedly did not follow the guidelines the judged laid out in his last action. This could be further from the truth, the ‘former’ Pro-Se litigant and his lawyer did exactly what the law provided and William Preston Marshall, AKA Baby Faced Finster, lied and misled not only the judge, but law enforcement that was there that evening and tricked them into kidnapping the Pro-Se litigant and sent him up to the Jack Nicholson Suite up at ECMC against his lawyers objections, claiming that he would be held there for anywhere from 30 to 90 days, however that was… Continue reading
Those of you that have been following the Stahlman tragedy, one in which a Seneca father and son were set-up on bogus charges by the completely corrupt Cattaraugus County “District Attorney” Lori Rieman and her criminal companion “ADA” Amber Kerling, which led to the complete exoneration of Brad Stahlman, Bryce Stahlmans father and Bryce being found guilty of a lower added charge. However the jury did not go along with the scam the DA was pulling and after Bryce’s lawyer demanded that the charges be lowered and/or dismissed completely Judge Ronald Ploetz agreed to a lowest possible charge Bryce could be charged with, a misdemeanor, which the jury agreed to. Another issue is also in play here citizens of Cattaraugus County, health care professionals estimate it is going to cost the county taxpayers around $100,000 dollars for this, that’s not including the jail costs based on the brutal attack. The next step was a pre-sentencing, which recommended no jail time, only probation, which was well within the sentencing guidelines. However this is Cattaraugus County and that’s when “DA” Rieman stepped in,.. Continue reading
In the never ending Cattaraugus County saga of absolute criminal madness, District Attorney Lori Rieman takes minor traffic violations to a sitting Cattaraugus County Grand Jury. There is no provision in law whatsoever to take violations to a Grand Jury. But this is Cattaraugus County where Justice goes to die. The only problem is it is already dead and there are Psychopaths at the helm who are running around like a immature group of high school teenagers using the “authority” of the District Attorney’s office to carry out personal vendettas under the color of law. Continue reading