In a two-hour “hearing” this morning, Steven Conklin once again had his requests to be heard denied, and had U.S. Bankruptcy Court Judge Mary France lift the automatic stay of the eviction proceedings in light of the filing by Conklin that stayed the eviction that was scheduled for January 23, 2012. Judge France also lifted any stay that was effected by the filing of Andy Ostrowski, and the lease he has with Conklin for Satori Farm, but recognized that the lease gave Ostrowski a possessory interest in the property for which separate state court proceedings would need to be initiated.
The theme of the “hearing” was again, “where is the due process?” Indeed, it was not a “hearing” at all, as that term is understood in a court of law, i.e., the orderly presentation of witness testimony and documentary evidence in accordance with the Rules of Evidence.
Ostrowski strenuously asserted that this is all he was requesting, and was prepared to proceed at all times, and he resisted Judge France’s and the attorney for Grenen Brisic’s efforts to extract information without being sworn in as a witness, and allowed to present evidence and cross examine witnesses on his own. This is requesting nothing at all, and Ostrowski only further requested two additional weeks in which to properly prepare. Judge France had no choice but to acknowledged that is the proper procedure, but granted no additional time.
Conklin outlined the history of abuse to which he has been subjected through the courts, and even pointed out to Judge France that until he mentioned the name of Don Bailey in a proceeding in 2004, he was on a track set by her, after recognizing the “bizarre” and “collusive” actions to which he had been subjected, for a due process hearing on the simple issues he has continued to raise. Within weeks, Judge France brought Conklin in, said she had “made a mistake”, and dismissed Conklin from bankruptcy court in 2004, and gave the green light for all of the proceeding through the present.
The matter today was complicated by the fact that the associate attorney for Grenen and Birsic, Beth L. Slaby, who had signed the subject motions, was participating by telephone because, as she alleged, she could not be there today, and could not properly introduce evidence over the telephone. Oddly, however, Slaby, who is in Pittsburgh, represented that she could have a certified copy of a deed delivered to the Court in 15 minutes from the York County Courthouse. Judge France obviated any additional effort by the bank’s attorneys by accepting a facsimile copy of a deed that was never introduced into evidence and subjected to cross examination.
Conklin pointed out that the document, a “Sheriff’s Deed”, showing that the York County Sheriff sold the property to the bank, EMC Mortgage, said right on it that it’s contents needed to be separately verified. Of course, this is the sheriff’s sale that occurred, and was the legal taking of Conklin’s property without due process of law, with the physical ejectment of Conklin and his family from the farm, to surely be forthcoming soon, and likely in the works already. Conklin still has never been given a hearing, and is again out of court.
Conklin even pointed out that the York County Sheriff, and supposedly many other officials in York County, have not just never filed their oaths of office, but have specifically refused to do so, despite the fact that is their clear duty under the law, and it is the contract that binds them to their constitutional duties. Judge France was quickly dismissive of the issue, and, after resisting the efforts and avoiding the requests of Conklin and Ostrowski, ultimately just gave Slaby annd EMC what they were asking for, leaving again the Ostowski lease as a matter for state court.
We will bring you the transcripts of the proceedings, and reserve any detailed characterization of them until then. The transcripts will show that the failure, again, is one of the courts’.
Thanks again go out to the 20 or so members of the occupy movement and PCRLN who once again showed their support for Steve Conklin and his family, and attended the proceedings. Again there are issues of fairness and justice that underlay all of these efforts, and are the real reason that relative strangers to each other stand in support of each other in opposition to the violation of their rights. As Martin Luther King, Jr. said “an injustice anywhere is a threat to justice everywhere.”