Tag Archives: Judge Kane

UPDATE:Rambo leads flurry of recusals, reassignments, and responses to Bailey clients’ motions to open judgment

The first official reply to the motions to open judgment as referenced in our November 5, 2011 post came from her Honor Sylvia Rambo, Senior District Judge in Harrisburg, and alleged by Bailey to be one of the original participants in the plan to “get Bailey”.  Judge Rambo was the presiding Judge in the Vickie Smith/Central Dauphin and James Dewees (Deputy Dauphin County Prison Warden)/Dominick Derose (DCP Warden) cases.  The allegations in the motions were, of course, similar, because they are based on the information that has come to light through the Bailey disciplinary proceedings, which have shown what Bailey has been saying for years.  As Dewees put it “I always took what Don told me throughout my case about the agenda to get him with a grain of salt, and thought that justice just failed me in my case, but now I realize that what Don said all along has been right.”  That is the agenda that has been reported, and uncontested, here or in the courts.  Please, if you have not, review the transcripts of the disciplinary proceedings.

Judge Rambo did not wait for any response to the motions, a denial of procedural rights, and made no references to the cases and facts cited by Smith and Dewees in the motions, but instead, in a threatening fashion, labeled the motions “frivolous”, and addressed them in an accusatory fashion as to how they were prepared, again without a word of denial on her part that the basis for the motions was factually incorrect.  Interestingly, Rambo herself recognized the commonality of the interests of Smith and Dewees by placing her Order in a combined caption of both cases.  While similar, these were motions of two unrelated litigants in two unrelated cases at two unrelated times on her docket.  The combination of these cases by the Court itself suggests that there is a very easily identifiable “class” of persons who have been and continue to be affected by all of these things.  Smith and Dewees have gone on record jointly in response to Judge Rambo’s threatening Order, and have demanded that their cases be removed from the Third Judicial Circuit in its entirety, and that the merits be addressed.  A copy of the Motion for Reconsideration, as well as Judge Rambo’s Order, follows:

Dewees.Smith Motion Reconsideration Rambo

Order Dewees.VSmith

Also, Don Bailey has gone on record in these matters on both the Smith and Dewees dockets, with a personal letter to Judge Rambo, responding to some vague suggestions that he was involved in filing the motions – it would not have been improper if he was – they were/are his clients after all.  The Bailey letter follows:

Rambo letter nov 16 2011

In other developments, an additional motion to open has been filed, and still more are expected to be filed, bringing the number to more than a dozen cases of clients and former clients of Don Bailey and Andy Ostrowski who have seen that their rights have been violated by the course of conduct that we have been reporting, and discussing in the broader context of needed reform.  We will provide you more information on all of these individual cases in an update to our original post on these unprecedented matters.  In six of those cases, other than Smith and Dewees, Judges Kane, Conner, and Jones have recused and/or reassigned the motions.  One of the motions has gone to Senior Judge Caldwell, two to Senior Judge Caputo, and three to newly appointed Judge Mariani.  Mariani has also recently received the Steve Conklin case from Rambo.  Little is known about Mariani, but much is to be learned.

Also, attorneys for defendants in the underlying cases have begun to appear on the record and file briefs in response to some of the motions.  None of these briefs at this point appear to address the merits of the motions, and the relevant case law that is clear in the motions, and none appear to have taken on the central question of whether there was a bias and prejudice that affected the Bailey clients’ access to justice.  As we discussed in the “struggle within a struggle” post, and will continue to develop, attorneys who practice before these judges, and judges who have easily discernible predilections toward some attorney or others, read these things, and are the direct beneficiaries of the judges’ tendencies to serve that bigger agenda.  These attorneys win cases that they shouldn’t win, or should be settling, and they are able to pad bills through increased and exaggerated docket activity, knowing that the more motions they filed, the more they get paid, and the more chance that the Judge would find reason to make an attack on Bailey, and dismiss a case, or award a sanction, or do something to make it look like these lawyers are lawyering, when all they are doing is taking what is being given them.  We will prove to you that there are attorneys who have made a practice of doing exactly this.  They, too, must realize that there is a class if litigant – Bailey clients – who they also are harming by participating in thsuch a course of conduct.  Rambo has, of course, brought those defense attorneys into these things together as well as a class.

The John and Jane Does have never been identified.

Thank you.

Civil rights lawyer Don Bailey under attack and he and clients sue federal judges for misbehavior

The paramount issue our legal system is presented with currently is the ongoing campaign, if you will, by a small clique of federal judges, and their state and federal political friends, to go after the law license of decorated war veteran, former congressman, former Pennsylvania Auditor General, and now prominent civil rights attorney Don Bailey.

Don got into the practice of civil rights over the fallout from his own victimization when, as Auditor General, he revealed substantial pubic corruption in the State of Pennsylvania at its highest levels.  He was visited by state and federal officials, including the United States Attorney himself, and was, in essence, asked what it would take – what graft, gift, or favor – in order for him to back down and look the other way.  Don refused, and stridently, with the truth behind him, assured these scoundrels that he would never be bought, and ever since that day, Don has been in a battle to reveal public corruption, and to fight for its victims.  There is an extensive interview of Don that is recorded in his website, which is linked to this page.

To the best of our knowledge, Don is the only politician in American history to have prevailed in a defamation lawsuit against his political opponent (Barbara Hafer) that was the first civil rights lawsuit he filed after leaving public office.  The case, Bailey v. Hafer, languished in the courts for a decade, and in the Third Circuit Court of Appeals for years, before decided in his favor.  While the case never did go to trial, it did settle favorably for Don, and, despite the fact that Don had his bright political future stolen from him unjustly, and lost everything he had, his only request was the Ms. Hafer apolgize to him, in writing, which she did.  In the apology, Hafer admitted she lied about him, and pointed the finger at certain “federal officials”, one of whom was Martin C. Carlson, former United States Attorney, and now a United States Magistrate Judge, under Kane, Conner, and Jones, and the author of 2008 scandalous ans scurrilous attack on Don Bailey in a 56 page memorandum that was distributed through statewide media.  Don’s reply was not.

The federal courts, and some of the political operatives who run them, including Marty Carlson, have taken up the cause for their political “friends”, and have joined in the effort to protect the corrupt politicians and judges, and to end the career of Don Bailey, and to cut off access to the federal courts for the many, many police officers, state and local officials, public employees, minorities, and others who have been victimized and abused by corrupt people and power structures, and Pennsylvania will be left to languish in the backward ways of thinking and behaving that have destroyed public confidence in the judiciary, and even in our elected officials.  These judges are out to hurt and harm Don Bailey and the civil rights clients he represents because they, too, are beholden to the corrupt system that put them where they are – on the bench of our esteemed federal courts donning the powerful black robe, where they then use their tremendous power to protect the structures that got them there rather than foster their independence from those systems in recognition of the singularly-significant ability of a federal judge to influence cultural climates.

The claims of Don Bailey will be proven, and the proof is all there, and we hope to share this all with you through our initial efforts on this site.  Don has had over $3,000,000.oo in verdicts awarded to his clients, from all walks of life, and significantly in recent years from the ranks of law enforcement themselves,  by juries performing their roles and exercising their responsibilities as American citizens.  All of these verdicts have been taken away as part of the plan to harm him and his clients.  We do not cast aspersions on the judiciary lightly, nor do we wish to suggest that every judge is corrupt, because certainly most, hopefully, are not, but Don’s cases are being “fixed”, the old-fashioned, crooked way – by picking up telephones and through winks and nods, but the evidence is clear – from the $1.5 million verdict he was successful in obtaining on behalf of 2 state attorney general narcotics agents against, inter alia, the then-Attorney General himself, Mike Fisher, who now, of all things is a Judge on the Court, the United States Third Circuit Court of Appeals, that threw out the verdict against him, to the recent decision overturning another case where a state trooper was a victim of wiretapping that was committed by his own State Police supervisors in a dishonest effort to hurt and harm him.

The further plan, which is already afoot through the, attack by Marty Carlson, and will be shown through evidence relating to Judge Conner, is to portray Don Baily as a disgruntled, malcontent, and “fallen star” who has imagined grand conspiracies to justify and validate the political losses that he suffered 20  years ago, but that is a lie, every word of it, and it is already out there as a myth that is believed by many.  The Hafer apology came in the year 200o.  At that time Carlson was United States Attorney, Jones was a co-campaign chairman/fundraiser with Tom Corbett for tom Ridge, Kane was on the federal bench in Harrisburg, and the Third Circuit Judge Mike Fisher case (cases/saga) were already in the courts or very near, annd the trial on those cases was in 2003.  After that trial, an email circulated through then Attorney General Fisher’s office that “Bailey has caused a shit storm” in Harrisburg.  Conner acceded to the federal bench in 2004, and immediately launched into what are obvious attacks by a political neophyte that have continued, unbroken, and coalesced with the others, and from there you will see an continuous chain of abuses, right through the day of this posting, and the hearings scheduled for August 11 and 12 in Harrisburg that will prove that this is indeed a conspiracy involving federal judges and others to harm the rights of innocent American citizens whose constitutional rights have been violated because of who their lawyer is and what he represents to them.  Nothing can be more anathema to our entire system of justice.

The current strategem being employed is to use the sycophants in the Pennsylvania Supreme Court Attorney Disciplinary Board and its Disciplinary Counsel, life-long political lackey Paul Killion, to mount an attack on Don Bailey’s law license through an easily provable corrupt effort of these same federal judges in concert with their state political friends.  The attachment to this post is what is called a petition in the Supreme Court’s “King’s Bench” or “extraodinary” jurisdiction, where the Supreme Court is asked directly to discipline itself, and to intervene in these corrupt proceedings and bring them to an end.

See also:  Exhibit 3, Thom Lewis v. Jesse Smith, et al, Third Circuit motion contains the allegations for which Bailey is being charged

The Pensylvania Supreme Court, and the Lawyer’s Disciplinary Board, as well as the Judicial Misconduct Board have fallen into disrepute of recent due to the criminal prosecutions of Luzerne County Judges Ciavarella and Conahan in what was known nationwide as the “kids-for-cash” scandal.  Recent commissioned reports have identified the failings in the system that had led to the judicial corruption scandal that gave the entire state a black-eye, and the Don Bailey discipline gives the Supreme Court a clear chance to prove its own integrity by addressing the same failings that exist in regard to Don Bailey, and to end the corruption that undermines the confidence we all have in our judiciary, and to usher in the reforms needed so that American citizens do not continue to be victimized by our courts for daring to do something about their victimization by their government, and those others “acting under color of law.”

Don Bailey is also in the process of filing a federal civil rights lawsuit, on behalf of himself and at least 25 of his victimized clients, who will be named as plaintiffs, and will be making very extensive accusations of corruption and unlawful behavior on the part of a wide-array of state and federal officials, including the judges who have worked specifically to hurt and harm him.  These judges and other operatives have felt that because they can control the access to information to the public, and how it is presented, they could ostracize, isolate, and surround Don, and move quickly and easily in for the kill.  Well, despite the fact that they have been known and out to get Don Bailey for nearly 20 years, they should know that his honesty is unshakable, his commitment to his clients is second-to-none, and the confidence that people have in him is unwavering, but of course they wouldn’t know that, because they are the people who he has been fighting against, and they woefully underestimate the motivation of honest American citizens to expose and oppose corruption in our government, and this site will continue to bring you the developments as the cases proceed.

The agenda is clear – stop Don Bailey, but more importantly, stop the civil rights clients he represents from having the courage to expose and oppose public corruption, and it is our goal to help shine the light that needs to be shone on the courts, and their efforts to keep the people from uncovering public corruption.  This will be your site for the truth, and we hope the Courts, including the court of public opinion, will be the site for the justice.

Update: since this was originally posted, a federal lawsuit has been filed by Bailey and 25 of his clients.  The link to the suit is available here, and will be updated.

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