Paul Bergrin Trial: Week 2 Notes

This is my journal of weekly news and events in the ongoing Paul Bergrin trial. It is a summary of how I read the events and testimony and includes the news source. At the end of the post you'll find my assignment of points to the feds and to Paul Bergrin, and this week to Judge Martini as well. I have my own personal point system and it is not scientific, but more interpretive and from my perspective and will most often be based on belief or disbelief of testimony. Points will accrue as the trial moves forward. Any statement in brackets should be attributed to me.

Week 2 of the Paul Bergrin trial started off with a bang as the jury heard from Paul's former girlfriend, Yolanda Jauregui, who is occasionally referred to as “jezebel” herein. The Urban Dictionary defines “jezebel” as “a girl who is incredibly manipulative and fucks with dudes minds,” and that is also my definition and viewpoint of Yolanda. 

The week ended with a bang as the man referred to as prosecutors' “key witness” testified and Paul exposed the many discrepancies in his testimony. Judge Martini declared a recess until Wednesday, November 2, 2011, probably to decide if he should toss the entire case out.

Week 2 Trial Events and Testimony Recap

The mental picture of a soft-spoken, meek Yolanda Jauregui testifying against Paul doesn't match the description of her that I have heard in past, but then she is the actress and the courtroom is her stage as she works it to gain favor with prosecutors in her own drug trafficking case. Not much unlike working Paul for years.

Jezebel cried crocodile tears to gain sympathy from unsuspecting jurors and when the prosecutor asked her why she was cooperating with the government against Paul Bergrin, “Through tears, she said, “I want it to end, the lies. ... I just wanted to end the lies, the lifestyle I was living in.””

[No problem dear. Thatlifestyle, care of Paul Bergrin, is over forever. Get used to your new digs in club fed, cause you're going to be there for years to come.]

Source: Jason Grant – The Star Ledger

Paul Bergrin murder trial: ex-girlfriend testifies he told her drug kingpin was 'like a brother to him'

Jezebel had the audacity to look at Paul with a half smile, sit down on the witness stand, and pour herself a glass of water. She testified that as a 17 year-old she went to Paul's office under false pretenses and flirted with him to get his attention. She played games with frequent phone calls and drop-in visits for years and when she was 25 years old, the relationship turned romantic [i.e. Paul eventually fell for her trap]. A short time later (2002), she became “partners” in the restaurant with Paul.

Ms. Jauregui testified concerning the alleged conversation Paul had with Curry and Claudio in the restaurant back in 2003, admitting that she couldn't hear a word. On cross-examination, Paul pointed out the various inconsistencies between her testimony and her statements to the FBI, and she responded, “They probably misunderstood me wrong, you know?”

“She acknowledged she had an intimate relationship with Alejandro Barraza-Castro, who also pled guilty to drug trafficking in this case, while she was living with Bergrin. Jauregui faces 20 years to life in prison on her charges.”

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: Ex-girlfriend says attorney met with major drug dealer,supplier

[So long, farewell, auf wiedersehen, goodbye...]

Tuesday and Wednesday would reveal an array of testimony, from a crime scene investigator that changed his report years later to a jailhouse snitch to a career criminal and Kemo's stepfather, Johnnie Davis.

Kemo Deshawn McCray's stepfather, Johnnie Davis, testified and was able to misdirect his anger at Paul Bergrin, though in reality we all know the family blames the FBI for his murder on a Newark street.

“In the year before his murder, McCray had worn a wire for the FBI as he made six crack cocaine purchases from a dealer named William Baskerville.”

Davis had identified someone with dreadlocks as the shooter of his stepson, but prosecutors would be calling a bald Anthony Young to the stand next. Young “confessed,” was convicted in the murder, and would testify to further reduce his 30 year prison sentence.

Source: Peter J. Sampson – The Record

Witness at Bergrin trial angrily describes son's slaying

[What happened to Kemo is sad and I feel for his family. Apparently the feds were able to push buttons with Johnnie Davis and misdirect his anger at Paul. The bottom line is that Kemo played in a heavy game, helping the feds set-up major drug traffickers, and they did not protect him. He should have been in WitSec.]

Richard Hosten, another convicted drug dealer seeking favor with prosecutors, testified that major drug trafficker Baskerville discussed his case with him in lock-up. Since few people in such positions are thatstupid, or they wouldn't have such a position, and Hosten is another convict looking for a better sentence, I will leave this one. Enough is enough guys, really...

A former client of Bergrin's, Albert Castro, claimed that Paul offered him $10K to kill Kemo and even added that Paul tried to sleep with his 5 ft. 350lb. 21 year-old daughter. Oh well – at least he cut his deal to save his daughter from drug trafficking charges when kilos of coke were seized from her home, though they were probably his kilos.

“Bergrin initially represented Castro after he was arrested in 2008 by the Essex County Prosecutor’s Office on charges of drug trafficking, attempted murder of a police officer, gun possession and planning to rob a restaurant.”

[Alrighty then. One more lying loser. Good grief!]

Source: Peter J. Sampson – The Record

Drug dealer says Bergrin offered him $10K to 'hit' FBI informant

The articles concerning the evolving testimony of a forensic pathologist seem to be missing in action. I recall reading the testimony though, and it changed substantially from his original report.

The next on the stand to testilie would be “confessed” shooter Anthony Young. According to Young, Paul plainly spelled out the directive to kill Kemo to five different people, contradicting earlier testimony by prosecution witnesses. Young actually claimed that Bergrin stated this directive on a Newark street corner to five major drug dealers

According to Young, alleged drug organization leader Hakeem Curry offered $15K to the first one to find and kill Kemo. “Young said he wanted the cash because, although he had $50,000 to $60,000 stashed at his house, he wanted extra funds to finance an upcoming trip to Los Angeles for the NBA All-Star Game.”

[I thought Kemo was killed in early March. The game referenced by Young was on February 15, 2004 – thank you MotoGP in the article Comments section. This is a major conflict with the testimony, but no more so than imagining Bergrin standing on a street corner in Newark with five major drug dealers, directing them to kill Kemo.]

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: Confessed shooter of federal informant provides damaging testimony

[MaryAnn – Excellent coverage of the trial! One thing though, concerning the title of this article: You are referring to testimony damaging to the government, right?]

Before Paul Bergrin would get the chance to cross-examine Young, the jury would be removed from the courtroom twice by US District Judge William Martini. The judge is already tired of the government procession of lying convicted felons brought from prison to testify against Paul Bergrin.

[So are we Judge Martini, so are we.]

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: Judge sends jury out of courtroom twice over troubles with witness

Finally we reach the end of the week and the cross-examination of Anthony Young. It's clear that Young was coached by prosecutors, and probably coached for a week. When a “witness” tries to memorize false testimony, well, it's bound to be mixed-up. It was indeed confusing and Paul hammered away at each and every discrepancy. Young denied being coached, though his testimony had changed substantially to fit securely into the prosecutor's description of events. This guy is so used to lying on the stand that he's almost got it down to a science; however, he was no match for Paul.

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: attorney exposes discrepancies of key prosecution witness

[I truly would not be surprised if Judge Martini tossed this abhorrent parade of convicts seeking leniency and obviously malicious prosecution next week.]

There is a recess until Wednesday, November 2, 2011.

POINTS

Paul Bergrin – 11 (accrued – 15)

US District Judge William Martini – 5

feds – 1 (accrued – 1)

Paul Bergrin Trial: When Prosecutors Lose Focus

US District Judge William Martini has a new admirer: me. Prosecutors are supposed to represent the people and seek truth and justice, but it is all too obvious that Bergrin's prosecutors lost their way long ago, as many have in courts around the US.

We are in week #2 of one of the most watched trials in recent history and US District Judge William Martini is already tired of the government procession of lying convicted felons brought from prison to testify against Paul Bergrin. One can only imagine what Judge Martini would have thought if he had presided over the Nino Lyons trial in the Middle District of Florida with 31 convicted felons transported from prisons to testify (or rather testilie) for prosecutors.

These days prosecutors ignore truth and forget that they're supposed to be representing the people. The one and only goal is to obtain convictions at all costs. According to MaryAnn Spoto with The Star Ledger, Judge Martini has sent the jury out of the courtroom twice so far today to refresh AUSA Joseph Minish's memory as to why he is there: “The process here is to search for the truth.’’

Paul Bergrin murder trial: Judge sends jury out of courtroom twice over troubles with witness

If these prosecutors had ever been searching for truth, there wouldn't be a trial.

Peter Sampson with The Record reported that AUSA Stephen Sanders had the audacity to complain to Judge Martini and actually stated that, “It is the jury’s job to determine who is telling the truth”.

Judge in Bergrin murder conspiracy trial says he's 'deeply concerned' about witness testimony

Yes, it is the jury's job to determine truth; however, it is the prosecutor's job to present witnesses that they at least believe to be truthful. With the witness testimony in the Bergrin trial and a list of other cases I have watched, including my own in past, it is clear that these prosecutors are either dumb as doorknobs or knowingly offering-up liars with the hope that the jury is.

It's great to know there are still judges around that believe in truth and justice in the courtroom!

Paul Bergrin Trial: Twisting Words and Meaning

At the root of the case against Paul Bergrin is a statement that he allegedly made to associates of client William Baskerville. That statement has been used in the prosecution's opening statement and thrown-in during testimony by government witnesses. Each time the statement is used it is in quotation marks, so I am going to assume that the reporter writing the article is quoting from actual trial testimony.

The varied quotes of the statement

In the prosecutor's opening statement it reads, “No Kemo, no case.”

Source: Jason Grant – The Star Ledger

Emotional opening arguments in murder trial of high-profile attorney Paul Bergrin

When Ramon Jimenez testified for the prosecution, his quote of the statement alters the meaning in favor of Paul Bergrin:

“During two hours of testifying for the prosecution, Jimenez also said he overheard Bergrin tell Curry if “there had been no witness, there would have been no case.’’”

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: Former employee testifies against attorney

During cross-examination of Ramon Jimenez, Paul Bergrin quotes the statement as:

“”On all these meetings (you had) with the government, with your attorney present, isn’t it a fact that you never mentioned that statement you say you heard from me, ‘If there is no witness, there is no case? ' “” Bergrin also establishes that Jimenez never mentioned this statement to the feds until much later, when he found out he was going to be charged with a serious drug crime.

Source: Jason Grant – The Star Ledger

Paul Bergrin murder trial: Witness admits lying to FBI investigators

According to the summary of the racketeering count in the actual indictment, the statement is much more involved:

1. Racketeering Act One: In 2003 and 2004, Bergrin, as a partner in PB&V, represented a client with the initials ―W.B.,‖ who was being held on federal drug trafficking charges. W.B. informed Bergrin during a private attorney-client visit that ―K.D.M.‖ was the government's key witness against him. Bergrin relayed that information to W.B.'s drug associates along with his own message that if they killed K.D.M., he could assure that W.B. escaped prison, but if they did not, W.B. would spend the rest of his life in jail. Those associates subsequently murdered K.D.M.

Source: Who is Paul Bergrin? The Feds 39 Count Indictment

From #11 of the Certification of DEA Agent Michael Smith:

11. Thereafter, in a telephone conversation and a face to face meeting, BERGRIN

passed the identity of the informant on to William Baskerville’s drug associates and told them that if they didn't kill “Kemo,” William Baskerville would spend the rest of his life in jail. After BERGRIN discussed how Baskerville’s drug associates were going to pay BERGRIN’s legal fee for his representation of William Baskerville, BERGRIN said that if there was no “Kemo” to testify against William Baskerville, there would be no case against William Baskerville. BERGRIN said that if “Kemo” was dead, that William Baskerville would definitely get out of jail. When BERGRIN left the meeting, he said “remember what I said, no Kemo, no case.”

Source: Who is Paul Bergrin?

This simple statement has seriously evolved, depending on who is repeating it

Federal prosecutors took that simple statement related by a convicted drug dealer (Ramon Jimenez) long after it was allegedly stated and twisted it into a murder plot to obtain the indictment, and it worked. DEA Agent Michael Smith made a sworn certification about a murder plot derived from a statement that didn't exist, at least not according to the witness that overheard it, Ramon Jimenez. Prosecutors then repeatedly stated to news reporters and in the opening argument at trial a shortened version: “No Kemo, no case.”

Do you see the serious differences and twists of this statement? This has really bothered me – anyone can take any statement out of context, but this is far more than an out of context statement; it is a complete rewrite of the screenplay.

When Paul Bergrin supposedly had this conversation that Ramon Jimenez overheard, the statement, at least according to Jimenez's testimony was, “if “there had been no witness, there would have been no case.’’

It could easily be interpreted as Paul Bergrin stating a pure fact: This is a case that wouldn't exist, but it does because there is a witness to the act and there isn't anything you can do for your associate. It sure as hell doesn't translate to an order or even an idea to kill, if it was ever stated to begin with.

No motive, no case.

Ofer Lupovitz Retrial?

As stated in my last post on the Ofer Lupovitz verdicts, due to an error in the jury instructions Ofer's attorneys have filed for a new trial:

Attorneys ask for new trial for man convicted of running prostitution ring

I'll return later (tomorrow) and edit with additional information. I'm happy now!

Paul Bergrin Trial: Where's the Outrage?

I am trying to limit my posts on the Paul Bergrin trial to the end of week notes with points for the prevailing party, but every time I look at the news on the case a different thought comes to mind. This one concerns Bergrin's fellow attorneys – a reference to every attorney in this country. Paul Bergrin is a strong defender and a champion attorney that gave anyone he defended a zealous legal defense. Many could learn from him.

I would love to watch this trial and would be there if not for personal issues. I have always been an attorney watcher and Paul Bergrin in a courtroom would be downright exciting to me. He has a commanding presence and when he speaks, everyone is listening and all eyes are focused on him and nothing else.

Consider the idiom: If you lie down with dogs, you get up with fleas.

What criminal defense attorney does not, at one point or another, associate with criminals? Paul made the mistake of falling for jezebel, but does he deserve life in prison for it? I read the testimony quoted by the reporters from news covering the trial (excellent coverage by the way) and realize the case for exactly what it is: Criminal defendants and informants willing to say or do anything, including throw their own defender under a bus, to knock time off their sentences.

If you practice criminal defense then you've met at least one just like the members of this group and probably many. Be outraged that a fellow attorney has been indicted and is on trial on the word of these losers!

Thus far the list of government witnesses includes an FBI agent that should be held liable for an informant's death, at least in part, and a bunch of convicted drug traffickers seeking time off for cooperation with the government. How many more drug traffickers will the feds call to the stand? Does it matter? One is no different than the other, so whether 1 or 20 testify, it should result in the same verdict: not guilty on all counts.

In respect to the government witnesses, this trial reminds me of the Nino Lyons trial in Orlando federal court back in 2001. In the Lyons case, federal prosecutors had a parade of criminal “witnesses,” though each resided in prison at the time of testimony – 31 convicted felons in prison testified against Nino Lyons to get time off their own sentences . Somehow the jury bought it, hook, line, and sinker, but the convictions were overturned by U.S. District Judge Gregory Presnell and he was eventually exonerated completely in the case. Interested in the Nino Lyons fiasco? Read about the USA Today investigation:

Prosecutors' conduct can tip justice scales

Be outraged about what they are doing to Paul Bergrin and that he is on trial to begin with!

What is a Baker Act?

What is a Baker Act?

A Baker Act is a means of providing individuals with emergency services and temporary detention for mental health evaluation and treatment when required, either on a voluntary or an involuntary basis.

How are voluntary and involuntary Baker Act Admissions different?

A voluntary Baker Act is when a person 18 years of age or older, or a parent or guardian of a person age 17 or under, makes application for admission to a facility for observation, diagnosis or treatment.

An involuntary Baker Act is when a person is taken to a receiving facility for involuntary examination when there is reason to believe that he or she is mentally ill and because of his or her mental illness, the person has refused voluntary examination; the person is unable to determine for himself or herself whether examination is necessary and without care or treatment, the person is likely to suffer from neglect or refuse to care for himself or herself and such refusal could pose a threat of harm to his or her well being; and there is a substantial likelihood that without care or treatment, the person will cause serious bodily harm to himself, herself or others in the near future as evidenced by recent behavior.

Are there other criteria to know if a Baker Act is appropriate?

Yes, there is an additional criterion for a voluntary and involuntary Baker Act not included here.  For example, a law enforcement officer may transport an individual to a facility for evaluation if there is reason to believe that the individual's behavior meets statutory guidelines for involuntary examination.

What is an ExParte Petition for Involuntary Examination?

If you are willing to swear in a Petition for Involuntary Examination that you have personally witnessed an individual causing harm to themselves or others, an "ExParte" for an Involuntary Examination can be completed at the Clerk's Office, Mental Health Division.

What is the procedure for filing the Petition and Affidavit Seeking ExParte Order Requiring Involuntary Examination?

A family member or interested person may fill out the petition and affidavit in the Clerk's Office.  You will need to provide proper identification and have personally witnessed the individual's actions.

What happens after I file the Petition and Affidavit?

Your sworn affidavit will be reviewed by the court.  If the court believes, based on the evidence provided in the petition and affidavit, the judge will enter an order for the sheriff to pick up and transport the person to the nearest receiving facility.

When will the order be served on the person?

The sheriff will make every attempt to take the person into custody and transport the person to a facility.  If the person cannot be located by the sheriff, the sheriff will hold the order for seven (7) days and continue attempts to take the person into custody.

How long will the order hold the person in a facility?

A person may not be detained for more than 72 hours.

Inspirations for Youth and Families, aka Inspirations Teen Rehab is providing the Baker Act information above due to the high volume of parents questioning about The Baker Act and how it can help them in getting their adolescent to and addiction treatment facility.

For more information on Adolescent Addiction Treatment Facility call:

1-888-757-6237

http://www.inspirationsyouth.com/

http://www.inspirationsteenrehab.com/

Young Adults and Adult Addiction Treatment Facility call:

1-888-387-6237

http://www.covecenterforrecovery.com/

What is Prescription Drug Abuse?

Prescription drug abuse is when someone takes a prescription drug that was prescribed for someone else or in a manner or dosage other than what was prescribed. Abuse can include taking a friend’s or relative’s prescription to get high, to treat pain, or because you think it will help with studying.

Do you know or suspect your child is abusing prescription drugs? He or she might still be in the pre-stages of addiction, either way you know you can't wait to get help.

If you have any questions, please know that Inspirations Teen Drug Rehab is here to provide you with support and guidance, 24 hours a day, seven days a week. We welcome the opportunity to answer your questions free of charge about teen behavior, substance use, adolescent addiction, teen drug rehab, or other related matters.

Reach out to us. Recovery from addiction is just a click or a phone call away. If the information you are looking for is not found here and you need immediate attention you may contact us:

Teen Addiction Treatment Help: 1-888-757-6237
http://www.inspirationsyouth.com
http://www.inspirationsteenrehab.com

Young Adult and Adult Addiction Treatment Helpline:1-888-357-6237

http://www.covecenterforrecovery.com

Paul Bergrin Trial: Week 1 Notes

I have decided to post notes on the Paul Bergrin trial at the conclusion of each trial week. At the end of the post you'll find my assignment of points to the feds and to Paul Bergrin. I have my own personal point system and it is not scientific, but more interpretive and from my perspective and will often be based on belief or disbelief of testimony. Points will accrue as the trial moves forward. Any statement in brackets is mine.

Opening statements:

Federal prosecutor John Gay claimed that Paul Bergrin was a part of a Newark drug ring and disclosed the name of an informant to one of his drug defendant clients. That informant was later gunned down on a Newark street. Gay alleges that Bergrin told the client, “No Kemo, no case,” before Kemo Deshawn McCray was killed and that McCray was a threat to Bergrin due to his involvement in the drug ring.

Paul Bergrin stated in his opening argument that the prosecutor's opening was pure fiction and the case “relied only on convicted felons who would lie and testify against him to get lesser sentences in their own cases”. Paul stated that prosecutors would be presenting testimony that they knew was false. As one might imagine, Paul's opening statement was emotional. It's not easy to sit and listen to repeated serious lies about one's person.

Source: MaryAnn Spoto – The Star Ledger

Emotional opening arguments in murder trial of high-profile attorney Paul Bergrin

The Trial Begins 

Kemo Deshawn McCray began his short career as an FBI informant while a member of the Grape Street Crips back in 2002-03 when agents jammed him on a gun charge. He chose to be an informant and in short time was collecting cash for his information. According to the FBI, he was paid a total of $25K for information during this time.

Source: David Porter – Associated Press

NJ lawyer murder trial focuses on slain informant

Once the opening statements were out of the way, prosecutors called the FBI agent that pursued Paul Bergrin in this case, Special Agent Shawn Brokos. To make a long story short, Brokos was mixed-up on her facts regarding the fatal shooting of Kemo Deshawn McCray. From the getaway car to the pathologist's report and everything in-between, Brokos didn't seem to know what she was talking about.

Source: MaryAnn Spoto – The Star Ledger

In murder trial, Bergrin goes after FBI agent who helped build case against him

During FBI Special Agent Brokos testimony it was revealed that McCray feared for his life and sought help from the FBI; however, was refused as he had lied to agents in a different investigation, telling them that two people were involved in a conspiracy when they didn't even know each other. “He was on his own,” Brokos stated. McCray's family blamed the feds for refusing to protect him.

[The feds murdered Kemo Deshawn McCray when they didn't immediately make an effort to protect him. After all is said and done, he was doing their dirty work.]

Source: MaryAnn Spoto – The Star Ledger

Slain informant in high-profile attorney murder case sought witness protection, FBI agent testifies

On Thursday Yolanda Jauregui's brother Ramon Jimenez (a convicted drug dealer) testified for the government. Jimenez had worked in Paul Bergrin's law office back in 2002 after serving 10 years of a 23 year sentence in prison. “Under cross-examination by Bergrin, Jimenez conceded he had no place to live and no prospects at the time, and vowed never to do anything that would land him back in prison.”

Of course this was short-lived and soon Ramon Jimenez would be connecting with Bergrin's clients, attempting to set-up major drug deals. Angered when Bergrin cut him off at the pass after discovering his deal to make $25K, Jimenez pursued more of Bergrin's clients trying to set-up even bigger deals. Bergrin easily poked holes in the fictional account of this drug dealer and Jimenez even admitted to lying to FBI agents. Jimenez faces years in prison for a parole violation in the earlier case and 15 years in a federal cocaine trafficking case.

[This idiot repaid Paul Bergrin with this current hell for helping him when he had no job prospects and nowhere to live. I hope he rots.]

Source: Peter J. Sampson – The Record

Drug dealer details cocaine deal in trial of murder suspect Bergrin

Jimenez was cross-examined by Paul Bergrin and it was revealed that he was actually facing over 25 years in prison over his drug dealings. Jimenez explained one deal he had arranged with a Bergrin client and on cross-examination, Paul asked, “Never meeting you before, he (Castro) proposed a $500,000 deal with Ramon Jimenez, correct?” and Jimenez responded, ”Correct.”

[Being familiar with the world of drug trafficking I can confidently assert that this is pure fantasy on Jimenez's part. No way that anyone at this level of the drug world would make such an arrangement with a stranger.]

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: Former employee testifies against attorney

FBI Special Agent Brokos returned to the stand and cross-examination continued. It is expected that prosecutors will be calling Yolanda Jauregui (Paul's former girlfriend that made a plea deal) to testify next.

POINTS

Paul Bergrin – 4

feds – 0 

Ofer Lupovitz Verdicts In

I am sad and depressed to have to post this. I spoke with this kind and personable man for the first time a couple of days ago. He was very positive about the trial and thought that it looked good for him, though of course he was concerned at the same instant. I expected to hear from Ofer a short while ago and when I did not, I went searching for news and found the worst. Lupovitz was convicted, but that is the only story at this moment and news reporters have not expounded on the statement so we do not know if the conviction was on all counts or one or why.

I will edit this post as soon as I have more information.

Edit @10:25pm EST

Ofer was convicted on the conspiracy and pimping counts and found not guilty on the pandering charge. There will be an appeal filed over an actual error, a mistake in the jury instructions, but other problems are involved as the money laundering counts enter the picture if there was a conviction on any charge. Mr. Lupovitz is out on bail pending sentencing and having dinner at this moment. So sad.

Ofer Lupovitz Case Goes to Jury Soon

Today was the final day of testimony in the case of California vs. Ofer Moses Lupovitz. Tomorrow will bring closing statements from prosecutors and defense attorneys and by the conclusion of the day, the decision will be in the hands of jurors. There could be a verdict tomorrow or the jury may choose to return on Thursday to discuss the case and reach verdicts on each of the three counts.

I do not imagine that jurors will need to consider any of the counts for long though. If I were a gambler (and I am), I'd say that it is 80% or higher in favor of Lupovitz. Though he did not testify in his own defense, the intricate details of his entertainment company operation were made clear for the jury by an attorney and an expert. This man is a personable, well-spoken businessman that was deserted by his co-defendants to stand trial by himself in a far-reaching and downright crazy conspiracy prosecution.

If you were to hear the details of this case you'd believe that the State of California is flush with money and/or someone has a serious grudge against Ofer Lupovitz. After all the hoopla, media blitz, and serious charges, the reality is that there were independent contractors with clear contracts that detailed every part of the relationship each had with the company and specifics on expected behavior. Most important, there is no evidence that contradicts these contracts. None whatsoever.

For Mr. Lupovitz the lengthy ordeal will finally be over if the jury acquits on all three counts. The counts are 1) pimping; 2) pandering; and 3) conspiracy. If by some wild stretch of the imagination he is not acquitted on all counts, then the state could file some or all of the remaining counts (180) that he was charged with – I cannot envision this happening though.

I have made the statement that I am the only escort business owner to ever be acquitted by a jury on organized crime charges in relation to the business in any state or federal court in the United States. I do believe that as of tomorrow, or possibly the following day, I will be sharing that unlikely title with Ofer Moses Lupovitz. I cannot think of a better person that I'd like to share that title with. Perhaps it is a new trend and overzealous prosecutions in adult business cases won't fly anymore.

My thoughts are with Ofer Lupovitz on the eve of deliberations. It really will all work out as it is supposed to.

Welcome to the Dark Side

Today in courtrooms around the US, prosecutors will knowingly present false evidence, law enforcement officers will proffer false testimony to gain convictions, and informants will fabricate as directed to gain favor or even cash. It is the reality that most prefer to forget and participants deny. It is the US criminal justice system at work in federal and state courtrooms from Newark to Orlando to Palm Springs and everywhere in-between.

Some of us drew the law card in life. Many of you will never see the inside of a courtroom or feel the tension of a trial or the pressure of being the defendant, star and target at the same instant and victim of dark side justice.

As the Paul Bergrin trial resumes in Newark following opening statements, the government's case will unravel, piece by piece, bit by bit, one sentence at a time. Bergrin is the lone defendant that didn't take the deal in his case. His co-defendants in this racketeering and murder conspiracy case have each chosen to testify for the government to gain favor with federal prosecutors and therefore lighter prison sentences. The more convincing their testimony the better off each will be at sentencing. They are actors and actresses and the courtroom is the stage.

In Orlando the trial begins for at least one of the 12 so-called sex traffickers from Russia, the Ukraine, and Moldova. Roman Caraiman is absent from the scene, exiting the country before the indictment was handed-down and later emailing his appeal to the Orlando Sentinel. My own case was on my mind when I read his attempt to explain what really happened and how the business actually operated, but he was speaking to a deaf ear at the Sentinel. The only one that we can be sure is actually having a trial is Alexandr Postica. We must watch events unfold in the courtroom to see who decided to join the feds on the dark side and testify, if anyone at all.

Postica is young and brave, close to my son's age. He came to the US as an entrepreneur, as his 11 co-defendants did, and left behind family, culture, and poverty to seek a better life in the place often referred to as the land of the free. Instead he found chains and the dark side of a justice system derailed long ago. Many of the defendants are from Moldova, rich in culture, but one of the poorest economies of all the former Soviet states. In effect, these defendants jumped from a frying pan into a fire, each now blind to what the future holds in what is actually an MBI case, and we all know how I feel about the MBI.

In Palm Springs, California there is the trial of Ofer Moses Lupovitz, an odd case to say the least. Lupovitz has already spent time in club fed over the case, but is now on trial with the State of California for the same business. Even more weird, there seems to be a news blackout on the trial. The case was in the news until September 28^th as state witnesses testified in trial and then as quickly as they began, the news reports ceased. Really weird for such a significant and involved case.

As I reflect on my own experience with dark side justice, my heart goes out to each and every defendant that has opted to stand trial and fight for their lives. What ever happens may each be able to move-on in life when it's over; something that I have been unable to do as the anger permeates my life and leaves me in a constant state of purgatory, unable and unwilling to go forward, seeking justice and vengeance in a dark system that few understand unless they live it. May it never happen to you.

My arrest was on November 20, 2011. My trial was over and I was acquitted by the jury on both counts on January 17, 2003. Do I sound angry? Read through this blog and decide for yourself. What do I want or expect? An apology for the malice, the lies, the mistreatment, the injustice, and perhaps an admission of guilt from my perps. I am still seeking the elusive lady justice.

Art Therapy at Inspirations Teen Rehab this Week - with Raquel Farrell-Kirk

Body contour drawings that will be filled in to illustrate the impact of addiction
on our clients physical bodies and on their
internal psychological and emotional states. 

Halloween is right around the corner. 

For more information on Inspirations Teen Rehab Addiction Treatment Programs, visit:
http://www.inspirationsyouth.com
and
http://www.inspirationsteenrehab.com

or call: 1-888-757-6237

Underage Drinking Ordinance Curtailed in Kinnelon, New Jersey

While many New Jersey municipalities have adopted tough laws on underage drinking in hopes of curtailing it, officials in Kinnelon, New Jersey have decided to foster a different approach.

Despite disapproval from many sources including local law enforcement, officials in Kinnelon tabled an underage drinking ordinance, promising to create a committee to come up with an alternative solution. Police Chief John Finkle, who supports the tough ordinance on underage drinking, stated that the current statute did not deter juveniles from drinking on private property while the proposed ordinance would certainly have done so.

While many hope the council adopts the ordinance and creates tough consequences on non-law abiding teens, such as license suspension and considerable fines, many parents in the community have expressed their disapproval. At a recent school board meeting, school board president Margaret Zybrick told parents and the board she believed underage drinkers should be educated and not punished when they made a mistake, such as drinking.

"Kids are bound to make mistakes. I think the repercussions of their actions should be done in a way that they learn from their mistakes and are not brow beaten from them," said Zybrick.

And while the community is divided on adopting the ordinance, it remains to be seen whether the curtailment of the ordinance and the adoption of other effective alternatives produces better results in the community.

Teen Behavior and Alcohol Abuse Problems? Don't let your Child become a statistic.

The younger your teen is when they start drinking, the greater their chance of becoming addicted to alcohol at some point in their lives. More than 4 in 10 people who begin drinking before age 15 eventually become alcoholic.

It is important for parents to know the facts about alcohol and drug use and to be prepared, considering nearly a third of 12 and 13-year-olds has been offered and used an illicit drug. However, it’s promising that when teens know the facts, dangers, and risks associated with drug use they are 42% less likely to use them. 

We at Inspirations Teen Rehab understand the unique challenges of being a parent. If you have any questions, please know that we are here to provide you with support and guidance, 24 hours a day, seven days a week. We welcome the opportunity to answer your questions free of charge about teen drug rehab, teen substance abuse, adolescent addiction, teen intervention, teen behavior, teen depression or other related matters. 

Reach out to us. Teen Recovery is just a phone call away. If the information you are looking for is not found here and you need immediate attention contact us:
1-888-757-6237

Addiction Treatment for Teens: 1-888-757-6237

http://www.inspirationsyouth.com

http://www.inspirationsteenrehab.com

Addiction Treatment for Adults and Young Adults: 1-888-387-6237

http://www.covecenterforrecovery.com

Learn from a Young Lady - Understanding the Side Effects of Painkillers Can Avoid an Addiction

With massive numbers of its young adults using prescription medication, West New York is looking at epidemic levels of prescription pill addiction.
One time straight A student, Destinee Henderson, knows all too well about prescription pill addiction and its detrimental side effects. The all-American teenage sweetheart began taking prescription medication after being diagnosed with a female health disorder- endometriosis. She was initially given hydrocodone, then Percocet and eventually Oxycontin.

This average all American teen, who was completely oblivious to the side effects  and addictive nature of the drugs she was taking every day, eventually noticed she was unable to function without the medication that would give her a powerful sense of euphoria she had never experienced before. Henderson’s life began to spiral out of control as she scrambled to find money to buy more pills and hide her addiction from her loved ones. She was forced to become a prostitute to pay for her expenses and eventually turned to heroin, a cheap alternative to prescription medication.

Following her arrest for cashing a stolen check, she was offered the possibility of entering a drug diversion program designed to help individuals overcome addiction. Fortunately,  she graduated from the program a year and a half ago and has been drug drug-free since.

Henderson, who believes she’s lucky to be alive after her ordeal, wants to share her story and warn us of just how addicting prescription drugs can be even when taken for prescribed medical reasons.

Is your child addicted to prescription drugs?

Get Help Now! 1-888-757-6237

Teen Prescription Drug Addiction:

http://www.inspirationsyouth.com

http://www.inspirationsteenrehab.com

News Blackout on Moses Lupovitz Trial?

I initially discussed the case and trial of Ofer Moses Lupovitz in The State of California vs. Ofer Moses Lupovitz et al. I admit to knowing little about the case other than the initial arrests and the fact that opening statements in the trial commenced on September 20, 2011, but I want to know much more. I am cheering for this guy and hope to see him acquitted in this case.

There has been nothing whatsoever reported by anyone since September 28. That is two entire weeks ago. The last witness that testified for prosecutors that was reported in the news was on September 21. According to the source, the witness clearly described what was independent contractor behavior. She knew that she was not an employee.

For those of you that are unaware of prosecutorial strategies in such cases, the main line of attack is always that the escorts are employees and acting on behalf of the business in all that they do during calls booked. In my own trial, prosecutors continuously (non-stop) referred to each escort as an employee, even when documents and testimony revealed the work arrangements were not at all employer / employee and nothing they did at a call was on my instruction. The feds utilized the very same strategy in the Deborah Jeane Palfrey (former DC Madam) case. In my trial, I corrected this intentional and repeated misconception when testifying in my defense, but Jeane did not testify in her trial.

I truly hope that Moses Lupovitz chooses to testify in his defense. I am a firm believer that if he opts to not testify, it is likely that he will be found guilty on at least one count. The issue is that the general population is clueless on the topic of escort business operations and interactions between service and escorts. He must explain it to the jury or they certainly could accept prosecutor explanations.

I feel that if the trial were over and verdicts announced some news station would have written about it or discussed it. It would be really helpful if at least one reporter from one news outlet would reveal ongoing details or at least when prosecutors have completed their presentation and the defense begins.

I have emailed two reporters in that area and neither has bothered to respond, though both invite email. One of the reporters wants us all to “follow” her on Twitter for updates on the Elite trial, but her tweets are all about what she ate for lunch, how much change is in her piggy bank, and balloon rides for the last 2 flippin' weeks. WTH?

I am really rooting for Ofer Moses Lupovitz in this case and feel it is more than possible that he could be acquitted. After this trial he could face another trial as they did charge him with a total of 180 counts, but prosecutors state that what happens next depends on the outcome here. From all that I have read about this business and how it was operated, I must conclude that the only big problem issue involves credit cards, and that is related to the money laundering counts not included in this trial.

Will some reporter in California please report on this important trial? 

Recovery High School to Open in Southeastern Massachusetts

With a large number of its adolescent population using opiates, and with addiction levels reaching epidemic proportions, The State Department of Public Health granted funds to establish “Recovery High School”, located in Brockton Massachusetts. 

The school which is expected to open its doors in December, will be funded with $500’000 per year and will enroll as many as 50 high school diploma-seeking students ranging from 14 to 21 years of age. The staff will consist of a principal, four teachers and two counselors.

Founder of the support group “Parents Supporting Parents for the families of opiate-addicted children” Lisa Murphy, believes the amount of  pressure teens experience to obtain to get top grades, scholarships and keep up with friends can be draw them to opiates. Her own daughter, became addicted to heroin at the age of 19 and has spent 5 years in recovery. 

"I'm so excited about a recovery high school, many young people have no idea recovery exists until they are well into the addiction” Sorrenti said.

Many believe that with the long-awaited recovery high school will professionally cater to the needs of vulnerable teens struggling to battle addiction, in addition to helping communities and families heal as they witness their loved ones receive the support and motivation they need to overcome addiction.

If you are looking for an addiction treatment program for your adolescent, Inspirations for Youth and Families, aka Inspirations Teen Rehab  in Florida offers Educational Program on Premises along with residential addiction programs.

For more information on teen addiction treatment programs please visit:

http://www.inspirationsteenrehab.com or http://www.inspirationsyouth.com 

Teen Addiction Treatment and Recovery Helpline: 1-888-757-6237

Occupy Somewhere and Power to the People

Okay... I'm not positive that posting on this topic two days in a row is sensible, but I will admit that I am compelled to do it, so here I am. I'll keep it somewhat short and to the point.

So I've been doing my research and I still do not see any identifiable goals for this Occupy (a city near you) movement. Yes, I can grasp the points made as to what the protesters are angry about with serious attention to the bailout $s received by corporate America and the banks and predators / creditors. I agree. Beyond that, there are more important problems that beg for such an orchestrated movement receiving such friendly press. Indulge me as I name some of the many, please...

1. The US military machine is currently unleashing commando operations in more than 75 countries and before the end of the year that number will probably reach 120, according to the spokesman for US Special Operation Command (SOCOM). Interested in the full rundown? Read US Commando War in 120 Countries by Nick Turse (August 4, 2011)
2. The US occupation of Iraq. Saddam has not been in power since 2003, and that is when the last excuse of war and occupation could have possibly been valid. Of course the invasion was based on lies, but for the moment I'll get past that problem.
3. The US occupation of Afghanistan. As we are all aware, the invasion began in October of 2001 and there have been many troop escalations since. Apparently the US foreign policy advisers learned nothing whatsoever from the decade long mistake of the former Soviet Union. There are many schools of thought on what specifically led to the bankruptcy and subsequent dissolution of the USSR, and mine leans toward the Afghanistan debacle. But we knew how to do it so much better, right?
4. The arrest, psychological torture, and confinement of Bradley Manning for over 500 days without trial at this point. Sure, I read that a few of the Occupy (your city) participants mentioned Brad Manning, but that is not enough. He (if he did it) exposed the truth about this entire War on Terror, yet he's still in a cell and no one is held accountable. We the people had a right to the information released anyway.
5. US foreign policy. Enough said.

An Occupy movement for the first 4 of the 5 more important issues begging our attention today would have more obvious goals than the anti-banker sit-in that's currently preoccupying the people and the press. Of course without serious changes to US foreign policy (#5), the lasting effects would be minimal anyway.

And that is my viewpoint of the Occupy movement...

Understanding the Occupy Movement

It is not my intention here to downplay or criticize a well-orchestrated movement of any type, however, I would really like to understand what specifically this Occupy Wall Street (insert your city) movement is supposed to accomplish. The message is anti-banks and anti-capitalism – okay, neat and valid message – but the question is, what are the goals or intended end results here?

I don't like most banks anymore than the rest of you, though I do like the bank I have used the last few years. They don't overcharge for anything and they're always friendly. What in the hell else does anyone want?

I have always called the creditors “predators” and that's a fact of life. The fuzzy math used by any I have encountered has you paying 100% + interest, not the 8% they claim when you get an auto loan. This is why I no longer have any auto loans. I found a solution, but I won't be able to publish it here. *smile* Beyond that, what is to protest? The obvious solution is to not use credit.

This is a request for information if any reader is participating in the Occupy movement. Please be specific and list potential goals when you respond.

I am as socialist leaning as the average person today, perhaps even more so because of my horrific ordeal over my former business. Okay, I'll admit that sometimes I want to sign-up for anything and everything the state and feds offer in the way of social programs just so I can stick it to them; my way of saying screw you all. But then reality hits me and I realize that I appreciate the capitalist system and though I have met with far more roadblocks than most, I admire the entrepreneur, the person that turns an idea into income. I don't admire the wage slaves and I won't ever be one again, but I do empathize with anyone stuck in a low-pay hourly wage job; time to do something about it.

I also do not admire anyone that sucks the state and government programs for all they're worth instead of thinking and acting in an entrepreneurial environment. These days public servants (or so they're called) are the worst. In Florida we have DROP – Deferred Retirement Option Program – which amounts to cops and teachers and prosecutors getting paid their retirement pensions and working at the same job for the same pay or more. They are collecting double + the money and doing the same job. Time for each to go ahead and really retire.

There have been changes to DROP this year, but nothing like the changes we need. It is one of many reasons that Florida is broke. Imagine my thoughts when I found out that prosecutors get to suck the state dry and plot to kill (or so it feels anyway) people like me and the 12 from Eastern Europe (most from Moldova) charged with sex trafficking that are trying to support ourselves, and they do it all on the taxpayer $s. I am referring to THIS case, and it ain't sex trafficking anymore than most other similar recent cases. I may be mentioning the case because it has had some recent movement, but more on that later.

I am all for universal healthcare; however, I am also intelligent enough to know that it will never happen in the US. Let's not spend another $billion or more pretending that it might and we need a plan in case it does, okay? When it comes to healthcare for the poor and the uninsured with pre-existing conditions, the US is no better than any third world nation and it's probably worse than many. Face it – it is what it is.

I couldn't participate in anything that claims an anti-Wall Street agenda with good conscience anyway. I traded professionally for a few years (as classified by IRS) and loved the hell out of it. It's gambling, you know, and you win some and lose some, but the game is the ride no matter how great your calculations or predictions. So now you know that I gamble, but you should have already known that as a trial is always a gamble.

So what is this anti-banks movement about? Without a bank account one cannot purchase anything online. Don't even mention PayPal to me because that dumpy outfit is the worst bank around, worse than Bank of America, and that says much. It cannot possibly be about the big real estate crash, as if anyone with brains didn't see that coming long before it actually happened. Please feel free to fill me in on the agenda that I have missed here.

Is it about corporate greed? Well, time to research your economic history because corporate greed has existed for centuries and the US is not the only culprit. If you can't beat it, explore joining it, be entrepreneurial. As a 51 year-old adult, I have no intention of ever living in a commune and sharing my toothpaste with some dolt that can no longer suck from the state and federal government because all the money is gone.

What I have experienced is people living on all sorts of government programs or taking every $ they can grab from the state and federal government while knocking me for my attempts to be entrepreneurial. Get real.

Image credit: Stock Market Data2010 © Daniel Haller / 2011 © iStockphoto.com

More on Jason Itzler and Sumnicht's Death

I have discussed Jason Itzler of New York Confidential fame in the last two posts. For the full picture read both first:

Jason Itzler of NY Confidential Fame: Clown or Killer

Too Many Enemies

Be clear on my viewpoint here that whoever drugged Julia Sumnicht with GHB (the date rape drug) back in March of 2010, deserves to pay legally for her tragic death. I just do not believe that it was Itzler. I do believe that he was set-up within a few weeks of starting a new business as a result of someone's perception that he drugged this girl, so the end result is that Jason Itzler will pay for her death whether he had anything whatsoever to do with it or not.

I do not like Itzler much as is evident by my last two blog posts. This should give weight to my defense of the guy and I do hope that the Sumnicht family's private investigators take notice of my thoughts. I am sure not his friend, though I do not doubt that he has friends, unlike the party that commented on the one post. I do read people decently and my take is that Itzler was also a victim that could have died that day.

The fact is that Itzler has too many enemies to consider a return to the escort business. He screwed-up royally with that move. The same could be stated about me having too many enemies, except that I stay a far distance from drugs and anyone involved with them so I have less to fear. Still... Regardless, Itzler should never have made a return to the business and by the looks of his situation today, it has cost him the rest of his life.

I just took a look at Itzler's case in the New York State Unified Court System and his bond is currently set at $200K in the list of charges from the “promoting prostitution” case that he was arrested in early September on. He is being represented by Legal Aid and his next appearance is on October 18, 2011.

The Miami Herald published an article on Saturday October 8, 2011:

Probe into aspiring model's Miami death links local photographer and NYC pimp

The noted article states much more than any earlier articles anywhere. Kudos to the reporter, Lomi Kriel, for really digging around before publishing. It is a two page article and once you reach the last half of the second page, you'll see that I am not the only one not ready to throw Itzler under the bus in the case.

I have been drugged in a club before. It happened in June of 1994 in Orlando, but I was lucky as I was with a couple of my cousins that had entered the club before I did and were playing pool. I sat down at the bar and ordered a Heineken bier. The only one that ever touched that bier was the bartender and myself and trust me; I didn't drug myself. I was deathly ill for several days, but thanks to my cousins I made it home. I only drank two Heineken biers that night so it wasn't the alcohol that did it.

According to the article in the Herald, Julia Sumnicht was not drugged in any club and this comes from the timeline given by the medical examiner. The question to consider here is: Who was not drugged that day? Read the article and you'll get my point. Enough said.