Trials of Judicial Shame  - The Who's Who Tragedy

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5834
1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF NEW YORK
2 - - - - - - - - - - - - - - X
3 UNITED STATES OF AMERICA, : CR 96 1016(S-1)
4 v. : U.S. Courthouse
5 Uniondale, New York BRUCE W. GORDON, WHO'S WHO
6 WORLD WIDE REGISTRY, INC., : STERLING WHO'S WHO, INC.,
7 TARA GARBOSKI, ORAL FRANK : OSMAN, LAURA WEITZ, ANNETTE
8 HALEY, SCOTT MIChaveLSON, : and MARTIN
9 REFFSIN, :    TRANSCRIPT OF TRIAL
10 Defendants. :February 26, 1998
11 - - - - - - - - - - - - - - X 9:30 o'clock a.m.

12

13 BEFORE:

14 HONORABLE ARTHUR D. SPATT, U.S.D.J.

15

16 APPEARANCES:
17 For the Government: ZACHARY W. CARTER United States Attorney

18 One Pierrepont Plaza Brooklyn, New York 11201
19 By: RONALD G. WHITE
CECIL SCOTT
20 Assistant U.S. Attorneys

21 For the Defendants: NORMAN TRABULUS, ESQ.
22 For Bruce W. Gordon
170 Old Country Road, Suite 600
23 Mineola, New York 11501
24 EDWARD P. JENKS, ESQ.
For Who's Who, Sterling
25 332 Willis Avenue
Mineola, New York 11501


OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5835

1
GARY SCHOER, ESQ.
2 For Tara Garboski
6800 Jericho Turnpike
3 Syosset, New York 11791

4 ALAN M. NELSON, ESQ.
For Oral Frank Osman
5 3000 Marcus Avenue
Lake Success, New York 11042
6
WINSTON LEE, ESQ.
7 For Laura Weitz
319 Broadway
8 New York, New York 10007

9 MARTIN GEDULDIG, ESQ.
For Annette Haley
10 400 South Oyster Bay Road
Hicksville, New York 11801
11
JAMES C. NEVILLE, ESQ.
12 For Scott Michavelson
225 Broadway
13 New York, New York 10007

14 THOMAS F.X. DUNN,
For Mr Shortcuts ,
15 150 Nassau Street
New York, New York 10038
16
JOHN S. WALLENSTEIN, ESQ.
17 For M artin Reffsin 215 Hilton Avenue
18 Hempstead, New York 11551

19
Court Reporter: Owen M. Wicker, RPR
20 United States District Court
Two Uniondale Avenue
21 Uniondale, New York 11553
(516) 292-6963
22

23 Proceedings recorded by mechanical stenography, transcript
produced by computer-assisted transcription.
24
25 (Case called.)

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5836

1 THE COURT: Good morning.

2 I want to go into our jurors. I didn't know we

3 had another matter on at 9:30 and I want to apologize for

4 keeping them waiting.

5 Any objection to me doing that?

6 MR. WHITE: No.

7 THE COURT: All right. I'm going to go into the

8 jury.

9 (The following occurred in the jury room.)

10 THE COURT: I hope you are all comfortable,

11 having coffee and all the other accoutrements.

12 I made a mistake. I have another matter on at

13 9:30. I didn't realize that otherwise I would have had

14 you come in later. I apologize for that. It was totally

15 my fault. I didn't check with my courtroom deputy who

16 tells me what to do every day. Without her I couldn't

17 function. Please excuse me for the delay.

18 (End of proceedings in jury room.)

19 (An unrelated matter was taken by the Court.)

20 (Jury enters.)

21 THE COURT: Again, I wish you good morning,

22 ladies and gentlemen.

23 Please be seated. Again, I'm sorry. I apologize
24 for keeping you. I didn't know I had this other matter at
25 9:30 which I knew I had to take care of. I apologize

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5837

1 again to you, the lawyers and the parties. I certainly do

2 not want to keep you waiting.

3 You may proceed.

4 MR. TRABULUS: Thank you , Your Honor.

5 I believe these transcripts are already in

6 evidence pursuant to the stipulation. Referring to BA

7 (13-90), BB-2 (13-94).

8 MR. SCHOER: Maybe we ought to explain how we

9 marked them, Judge. The way I marked them, I marked them

10 as a Defendant's Exhibit BA, but then I put in parenthesis

11 the tape number which is the government's tape number

12 which would be 13-90, so there is some reference to the

13 transcript and the government's tape which is already in

14 evidence, so that is how they are marked. If there is a

15 tape that the government hasn't put in evidence, then I

16 marked that as well as a B number for the defense.

17 THE COURT: Fine. When you say BA and 13-90, are

18 we talking about the 13-90 that the transcript is in?

19 MR. SCHOER: The same 13-90 a tape but a portion

20 of the transcript that the government hasn't played or

21 doesn't intend to play.

22 MR. TRABULUS: These are partial transcripts.

23 THE COURT: Is that satisfactory, Mr. White?
24 MR. WHITE: Yes, Your Honor.
25 MR. TRABULUS: With the Court's permission I

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5838

1 would like to read into the record what is being handed

2 out at this point.

3 THE COURT: As long as you do it slowly.

4 MR. TRABULUS: Okay. I skipped one.

5 BB-1 (13-94).

6 I was saying BB-2 and that is also (13-94).

7 BC-1 (13-95).

8 BC-2 (13-95).

9 BD-1 (13-98).

10 BD-2 (13-98).

11 BD-3 (13-98).

12 BE (13-80).

13 BF (13-81).

14 BG (13-82).

15 BI-1 (BH).

16 BI-2 (BH).

17 BK (BJ).

18 Now, Your Honor, the tape I will play.

19 THE COURT: Now, what are all of these numbers?

20 What do they represent? Transcripts ?

21 MR. TRABULUS: These represent transcripts which

22 under the stipulation are to be treated the same as the

23 other transcripts that have been introduced.
24 THE COURT: Transcripts that have not been
25 previously shown to the jury or played or anything else.

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5839

1 MR. TRABULUS: That is correct, Your Honor.

2 THE COURT: Okay.

3 MR. TRABULUS: And they are transcripts of tapes

4 some of which may have previously been played for the jury

5 in other portions.

6 THE COURT: All right.

7 MR. TRABULUS: And if I may state what I propose

8 to do at this point also pursuant to the stipulation is to

9 mark in evidence, under the stipulation, Defendant's

10 Exhibit GC which is a tape known as EZ-42.

11 The transcripts that are being handed out now

12 BD-2 and BD-3, both of which have (13-98) in parentheses,

13 they are transcripts of a portion to be played but I

14 intend to play more than what is transcribed.

15 THE COURT: Have you followed this, Mr. White?

16 MR. WHITE: I was with Mr. Trabulus until the

17 end. Defendant's XG, GC, the tape is what he wants to put

18 in is the same as Government's 98.

19 MR. TRABULUS: That's correct.

20 THE COURT: Any objection?

21 MR. WHITE: No.

22 THE COURT: All of those transcripts, plus the

23 tape GC, George Charlie, in evidence.
24 MR. SCHOER: May I hand the transcripts out to
25 the jury, Judge?

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5840
Saffer-cross/Trabulus


1 THE COURT: Yes.

2 MR. TRABULUS: Your Honor, what I'm about to

3 play, transcript BD-2, is a transcription of a very small

4 portion. BD-2 is what will appear on what will be played.

5 T HE COURT: This transcript is in alphabetical

6 order that I've just been handed?

7 MR. TRABULUS: Yes.

8 THE COURT: So when you say BD-2 (13-98) this is

9 a very short transcript.

10 MR. TRABULUS: That's correct.

11 THE COURT: I just want to make sure we are on

12 the same track.

13 MR. TRABULUS: Right. I'll be playing more than

14 that. And after that I'll be playing something which

15 again, which the following transcript transcribes, but

16 I'll be playing more than what is in the transcript.

17 MR. TRABULUS: May I proceed?

18 THE COURT: Yes.

19 CROSS-EXAMINATION

20 BY MR. TRABULUS:

21 A L A N S A F F E R , having been previously sworn by

22 the Clerk of the Court, was examined and testified as

23 follows:
24 MR. TRABULUS: After a few moments, Mr. Saffer,
25 I'll stop it and ask you if you recognize some of the

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5841
Saffer-cross/Trabulus


1 voices on there.

2 MR. TRABULUS: Do you have headphones there?

3 THE WITNESS: I believe I do.

4 MR. TRABULUS: Are they plugged in?

5 THE WITNESS: Yes, they are.

6 (Audiotape played.)

7 (Start and stop.)

8 BY MR. TRABULUS:

9 Q Do you recognize the voice of the person who says

10 cards of $30 a piece?

11 A JUROR: We didn't hear it.

12 MR. TRABULUS: It is very faint.

13 THE COURT: I cannot hear it.

14 MR. TRABULUS: Your Honor, do you hear

15 something?

16 THE COURT: I hear something but I can't make it

17 out too well.

18 MR. TRABULUS: Can we make it louder?

19 A JUROR: What exhibit is that?

20 THE COURT: BD-2.

21 MR. TRABULUS: The portion that is being played

22 is not BD-2.

23 THE COURT: This is not on the transcrip t?
24 MR. TRABULUS: That's correct.
25 THE COURT: You better let us know each time.

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5842
Saffer-cross/Trabulus


1 This is not in the transcript and we can't hear it anyway.

2 MR. TRABULUS: Most of it is in the transcript

3 and I'll see if we can play it louder.

4 THE COURT: When it is in the transcript let us

5 know and when it is not let us know.

6 MR. TRABULUS: I will raise my hand.

7 THE COURT: When Mr. Trabulus raises his hand,

8 that's when it is in the transcript.

9 (Audiotape played.)

10 (Start and stop.)

11 BY MR. TRABULUS:

12 Q Can you hear it now, Mr. Saffer?

13 A Yes.

14 Q Do you recognize the voice who says $30 a piece, 20?

15 A Not totally.

16 MR. TRABULUS: We'll continue with it a little

17 further.

18 (Audiotape played.)

19 (Sta rt and stop.)

20 BY MR. TRABULUS:

21 Q Mr. Saffer, can you hear it adequately?

22 A Not adequately.

23 Q Do you recognize Mr. Gordon's voice?
24 A I'm not positive, but -- I'm not positive. Can you
25 play it again?

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5843
Saffer-cross/Trabulus


1 MR. TRABULUS: Can it be made still louder?

2 MR. WHITE: It can be louder, yes. I think it is

3 the static, not the volume.

4 THE COURT: I'll tell you now that I cannot hear

5 much of this. I don't know about the jury. They probably

6 have better hearing than I do, but I cannot hear much of

7 it. It certainly is not enough to be intelligible to me.

8 MR. TRABULUS: Your Honor, co-counsel has a

9 suggestion for improvable audibility.

10 We think if it is made a little bit faster and a

11 little bit louder, it might be more intelligible. It does

12 seem to be played a little slower than normal.

13 Apparently there is no speed control on this

14 machine.

15 (Audiotape played.)

16 (Start and stop.)

17 THE WITNESS: That's Mr. Gordon's words.

18 BY MR. TRABULUS:

19 Q I just want to stop for a minute and ask you some

20 questions.

21 We'll continue.

22 Mr. Saffer, do you recall whether you yourself

23 were present when that happened?
24 A I probably was present.
25 Q Was that a sales training session conducted by

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5844
Saffer-cross/Trabulus


1 Mr. Gordon?

2 A Yes.

3 Q You heard in there at that point him tell the people

4 who were listening to him they had to be careful in asking

5 questions of prospective members so as to not giving him

6 misinformation regarding the Registry?

7 A Wit h respect to geographic location.

8 Q Is in a typical training session that Mr. Gordon

9 would do?

10 A Yes.

11 Q Now, earlier on there was a reference to regular

12 cards. I don't know if you heard that. People on regular

13 cards?

14 A Regular cards?

15 Q Let me ask you this. When salespeople were brand

16 new, were they given initially the NG cards, people whom

17 already had been called and declined?

18 A Yes, to practice on.

19 Q They would try to sell them, occasionally they may be

20 able to, but it was a way for them to practice?

21 A Yes.

22 Q And if they did well in terms of developing a

23 presentation they would be given regular cards?
24 A Regular lead cards, yes.
25 MR. TRABULUS: Okay. Let's continue.

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5845
Saffer-cross/Trabulus


1 (Audiotape playe d.)

2 (Start and stop.)

3 MR. LEE: Your Honor, may I say something?

4 Mr. Trabulus raised his hand. I don't think everybody saw

5 that.

6 THE COURT: I didn't, but I think the jury as

7 they were reading the transcript saw that.

8 MR. TRABULUS: Thank you. I was trying to wave

9 it as much as I could.

10 Your Honor, at this point the tape simply ends.

11 This portion ends and we'll flip it over and

12 rewind it.

13 Your Honor, can you bear with me a moment as I

14 cue this forward. It will take a couple minutes.

15 THE COURT: Sure.

16 MR. TRABULUS: While this is going on I'll ask

17 Mr. Saffer some additional questions.

18 BY MR. TRABULUS:

19 Q Mr. Saffer, yesterday you were shown some pitch

20 sheets and -- do you have the exhibits with you?

21 A No.

22 Q Mr. Saffer, please take a look at Exhibit 374.

23 A Yes.

24 Q Now, that was a pitch sheet that Mr. White had you
25 read an excerpt from yesterday. Do you recall that?

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5846
Saffer-cross/Trabulus


1 A That's correct.

2 Q And the excerpt was that numbered paragraph 3, which

3 I'll read. "As a member, you could also anonymously

4 nominate up to two qualified individuals annually just

5 like you've been nominated."

6 But before that it said the second full

7 paragraph, does it not say, "the Who's Who Registry is

8 limited to 60,000 business leaders who were nominated

9 usually by the established members and qualified for

10 inclusion in the Who's Who Registry."

11 A Above 3?

12 Q The second full paragraph on the sheet.

13 A The Who's Who Registry is limited to 60,000?

14 Q Yes.

15 A Repeat that?

16 Q It says "the Who's Who Registry i s limited to 60,000

17 business leaders who are nominated usually by the

18 established members." Correct?

19 A That's correct.

20 Q So it leaves open the possibility that a nomination

21 would not be by an established member, correct?

22 A That's correct.

23 Q Now, the language where it says that "you can
24 anonymously nominate up to two qualified individuals
25 annually just like you've been nominated" or something

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5847
Saffer-cross/Trabulus


1 like that, it appeared on several of the pitch sheets?

2 A Yes.

3 Q But on many of them does it not simply say "as a

4 member you can anonymously nominate up to two qualified

5 individuals annually" without saying anything just like

6 "you've been nominated"?

7 A Sorry. Please repeat the question.

8 Q Sorry, I'm doing two things at once here.

9 Why don't we, for example, take a look at 342.

10 I'm sorry, that's for Sterling.

11 Take a look at 368.

12 Do you have it, sir?

13 A I have 368.

14 Q Look at the numbered paragraph 2.

15 A Yes.

16 Q It says "you can also anonymously nominate up to two

17 qualified individuals annually."

18 A Yes.

19 Q It says nothing in there how the person, nothing

20 about the person himself who is receiving this being

21 nominated, correct?

22 A It says "you could also anonymously nominate up to

23 two individuals annually."
24 Q Nothing like "you've been nominated;" is that
25 correct?

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5848
Saffer-cross/Trabulus


1 A That's correct.

2 Q Now, let's go back to the tape.

3 MR. TRABULUS: Now, we'll go back to the tape.

4 THE COURT: Is there a transc ript number for

5 this?

6 MR. TRABULUS: There is no transcript for what is

7 about to be played, Your Honor.

8 A portion of what will be played on the other

9 side of the tape appears as BD-3.

10 THE COURT: When I say number, I meant letter.

11 MR. TRABULUS: BD-3.

12 THE COURT: All right.

13 MR. TRABULUS: I'll try to raise my hand when

14 that part is reached.

15 THE COURT: We'll try to watch you.

16 MR. TRABULUS: We should note for the record the

17 date of this. January 27, 1995, Your Honor.

18 (Audiotape played.)

19 (Start and stop.)

20 BY MR. TRABULUS:

21 Q Do you recognize that as Frank Martin's voice?

22 A Yes, I do.

23 MR. TRABULUS: Continue.
24 (Audiotape played.)
25 (Start and stop.)

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5849
Saffer-cross/Trabulus


1 BY MR. TRABU LUS:

2 Q Now, you heard Mr. Martin telling whoever he's

3 speaking to, presumably salespeople, to avoid the one-year

4 sales, correct, the one-year memberships?

5 A I heard on the tapes.

6 Q And he indicated that one of those people frequently

7 cancel; is that correct?

8 A Kick out.

9 Q And I think he also said "cancel out."

10 A I seem to recall "kick out."

11 Q Now, the fact is that when somebody cancelled, Who's

12 Who would give them a refund as a matter of policy, would

13 they not?

14 A I can't be sure of that. That supposedly was the

15 company policy, to give a refund.

16 Q Well, do you know that with regard to a refund, the

17 policy, for example, would be to give a refund if somebody

18 sent a plaque back less a $20 or something charge for the

19 handling cost?

20 A Yes, sir. Yes.

21 Q And the reason that salespeople were told to avoid

22 this kind of sale, they wanted to avoid selling to a group

23 of people who had a history of tending to want refunds or
24 cancellations, that's correct?
25 A That's what you are saying.

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5850
Saffer-cross/Trabulus


1 Q Was that your understanding at the time?

2 A Repeat that again, please?

3 Q When you were working there, did you understand that

4 you were to try to avoid sales that might result in

5 requests for refunds or cancellations?

6 A Not really, no.

7 Q Well, did you understand that a refund or

8 cancellation would be something that the company would

9 honor, a refund request or a cancellation request?

10 A I'm not certain they would honor it.

11 Q You were told they would honor it?

12 A Yes.

13 Q The reason you are not certain is that you yourself

14 did not work in the department?

15 A That's correct.

16 Q So you have no personal knowledge?

17 A That's correct.

18 Q But certainly there would be no reason if the company

19 was not planning to give refunds or honor cancellations

20 there would be no reason for them to discourage people

21 that might make sales for a refund or cancellation

22 request; is that correct?

23 A Could you repeat that again? I lost my train of
24 thought.
25 Q Let's say the company was not planning to honor

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5851
Saffer-cross/Trabulus


1 refund requests or cancellation requests. In that

2 instance, the company wouldn't care whether you sold to

3 somebody who would cancel or refund?

4 MR. WHITE: Objection?

5 A It's hypothetical.

6 Q Do you think if the company was just interested in

7 taking people's money -- withdrawn.

8 You heard Mr. Gordon say I don't want -- earlier

9 on in the tape telling the woman I don't want you to just

10 sound like a telemarketer who is just interested in

11 selling or taking money, that's not the Who's Who way.

12 You heard something like that?

13 A He was indicating that he wanted a lot of money to

14 come in, I heard.

15 Q Sure, but you were not supposed to sound like a

16 telemarketer who is only interested in sales?

17 A That's correct.

18 Q And if a company was just interested in making sales

19 and getting money in and not honoring refunds, they

20 wouldn't care whether or not they would sell to people who

21 would ask only for a refund because they would get the

22 money, right?

23 A How would you differentiate on the phone whether they
24 are the type of person who would cancel or not cancel.

25 Q Apparently Mr. Martin believed the people who would

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5852
Saffer-cross/Trabulus


1 only buy a one-year membership frequently would change

2 their mind. He was telling the salespeople to avoid those

3 people who would buy only one year?

4 A I'm not certain I was at that meeting.

5 MR. SCHOER: Objection. Unresponsive.

6 THE COURT: I'll deny the application because the

7 question has been asked three or four times with varying

8 results.

9 Let's continue with something else.

10 MR. TRABULUS: I'll continue with the tape, Your

11 Honor.

12 (Audiotape played.)

13 (Start and stop.)

14 MR. TRABULUS: Turn it over.

15 BY MR. TRABULUS:

16 Q While that is being turned over, again, is that a

17 fairly typical training sales program?

18 A May I just explain something?

19 Q Well, I asked you if that is typical?

20 A Typical. Yes or no, in other words?

21 Q Yes. Can you say?

22 A I find it hard to answer yes or no unless I explain

23 myself.
24 THE COURT: So just say I can't answer the
25 question yes or no.

OWEN M. WICKER, RPR OFFICIAL COURT REPORTER
5853
Saffer-cross/Trabulus


1 THE WITNESS: I can't answer the question yes or

2 no.

3 MR. TRABULUS: Okay. We'll continue.


To continue,
here is a full version of the Feb 26th transcript of Watstein's smug pursuit of self-interest


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The Who's Who Worldwide Registry websites are focused on the Who's Who Worldwide Registry tragedy, and the double scandal of government and judicial corruption in one of the Trials of Judicial Shameand the concomitant news media blackout regarding this incredible story.

Sixteen weeks of oft-explosive testimony, yet not a word in any of 1200 news archives. This alone supports the claim that this was a shamefully corrupt federal trial; in fact, one of the worst trials of the century.

Show your support for justice, for exoneration of the innocent, and for that all-important government accountability, by urgently contacting your Senator, the White House, and the U.S. Department of Justice. Let YOU be the one to provide the straw



The Who's Who Tragedy
Thomas FX Dunn proving again that he may well be the Coprophile of the Year

Trials of Judicial Shame  - The Who's Who Tragedy

This site is concerned with the Who's Who Worldwide Registry tragedy, and the undeniable odor of corruption in high placesin one of the Trials of Judicial Shameand the concomitant news media blackout regarding this incredible story.

Sixteen weeks of oft-explosive testimony, yet not a word in any of 1200 news archives. This alone supports the claim that this was a shamefully corrupt federal trial; in fact, one of the worst trials of the century.

Show your support for justice, for exoneration of the innocent, and perhaps most importantly, government accountability, by urgently contacting your Senator, the White House, and the U.S. Department of Justice. Let YOU be the one to provide the straw



The Who's Who Tragedy
How Thomas FX Dunn demonstrated himself to be the worst attorney of all time
Worst Trials of the Century


Biggest Miscarriages of Justice - Justice Has Left The Building

How rare it is to find a case that can offer not merely two or three, instead, more than a dozen major reasons for overturning that conviction.
Here is a case studied by a respected federal judge for many months, who found that no crime had been committed, and dismissed the case.

Reed Elsevier, Ltd, as the single richest and most powerful publisher in more than one hundred countries around the world,
easily. empirically and truthfully described as one of the most corrupt corporations in all of human history,
perverted the foundations of American justice in the Who's Who Worldwide case with cash, power, and perqs.

Imagine a trial where not ten percent of the proceedings have ANY connection with most of the defendants.
That alone should require a separation of trial. In this case, NOT EVEN ONE PERCENT of the proceedings,
accusations, presented evidence, or accepted facts, had anything to do with the "sales" defendants.

The Who's Who Worldwide case was all about Bruce Gordon, his machinations and his accountant,
and the many companies operated in secrecy by Gordon and Liz Sauter, his true "henchman."

For days and days and weeks and weeks, all the discussion was about Gordon and his actions.
Prosecution witness after prosecution witness exculpated the sales defendants, yet,
this same judge who had previously dismissed the case after months of study,
was under one of the worst pressures any judge can be subjected to:
pressure from the federal court of appeals above him, who, in
New York's bailiwick, remains under the control of....
Reed Elsevier, the most powerful force today
in the American arena of jurisprudence.

This can be fixed by Presidential Pardon.
Call 202-456-1414 to lift your voice.




Worst Trials of the Century
Worst attorneys in America Thomas FX Dunn