Senator Andrew McDonald

Senator Andrew McDonald 25 March 06

Representative Michael Lawlor

Judiciary Committee

State of Connecticut

COMPLAINT: Judicial Corruption, the Hartford Courant’s and Connecticut Law Tribune’s lawsuit, and the following transcripts from your previous hearings:

As I stated in my 21 March 06 testimony submission to the Judicial appointment hearings which I characterize as “Being present at the State’s autopsy” (the 21 March 2006 farce of a “hearing”), “ What we need is an entirely new and separate Division of Criminal Justice to investigate and prosecute the crimes of the Connecticut Division of Criminal Justice and other State of Connecticut employees.”

1) I would also like to point out the illegality of gag orders by DCF and DCF judges and threats of incarceration against people who exercise their rights. I know of 3 sets of parents who were issued illegal gag orders and the newest among them, the Inkels, were warned last week that AAG William Wholean would seek the arrest of Meredith Inkel for talking to the press and revealing documents which are in the public domain, namely the federal lawsuit by the Inkels against the CT Department of Children and Families staff. Such an arrest would be illegal under Statute 17a-28 and the US Constitution and Bill of Rights.

The DCF defrauded the court with their Order of Temporary Custody in the Inkel’s case (as they had in my “case”) and said Meredith had a positive marijuana test at the time of the birth of her last child, when the test result from the lab was not positive, but uncertain. The DCF staff person who defrauded the court was a one Susan Wax. The documents are on my website and they are on the website of American Liberty Radio, www.walrradio.com.

Last night we heard a national radio webcast of a program entitled “Intimidation by Connecticut Juvenile Court and DCF,” featuring Tom Dutkiewicz of ConnecticutDCFWatch.com, Phil Inkel, and Steven Erickson. The show was recorded and can be replayed again and again, but the point is, how many times do we have to make the same point before SOMEONE in Corrupticut starts acting accountably? It appears Corrupticut is incapable of controlling corruption in the courts, because the judgeships granted not upon a condition of merit and experience but of schmooze, incompetence, and zero accountability, and allows criminal lawbreaking on the part of CT Judges.

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2) Regarding the following text from the transcripts from the 06 March 06 hearings, we would like to know how the following transpired “off the record,” and where Mr. Christopher “ $500,000-Bond-for-a-False-Arrest-for-Filing-Complaints-about-the-Corruption-in-the-Corrupticourts” Kennedy was clear in his complaints and actions, the Judicial Committee offered Mr. Kennedy no recourse?:

REP. LAWLOR: Thank you, Mr. Del Vecchio. Are there any questions? If not, thanks for coming in. It's good to get the input of someone who has had firsthand experience as well.

There you go. If there's no other persons in testifying today, we'll call this public hearing to a, oh, I'm sorry, Representative Hovey.

REP. HOVEY: Thank you, Mr. Chairman. Before you, I'm not sure what the protocol is, do you want to close the public hearing? I have a comment I want to make.

REP. LAWLOR: Oh, sure, I can close the public hearing. No problem, it's okay.

REP. HOVEY: Okay, I just wanted to say that I respect the, respectfully object to the delay in the votes on these judges because it's my understanding that the delay is due to one of the nominees specifically.

And, from my perspective, we've appointed and appraised judges who have had significant issues with demeanor.

They're arrogant, pretentious and even dishonest,…..

(EARLIER)

REP. LAWLOR: We have two members of the public who have signed up to testify. And, I would just point out, if there are Members listening in their offices and didn't hear the earlier announcement, we plan on holding a vote on these nominations on Wednesday at, following our Committee hearing on two additional Judicial nominations, which I believe begins at 2:00 p.m. So, with that, first is Chris Kennedy.

CHRIS KENNEDY: Hello, and good evening. It's gotten very late. I came here today to testify specifically on Judge Scheinblum, but I've also heard the testimony of several judges.

And it just surprises me that myself, out of three million people in Connecticut, I'm the only one who would come to speak out about what tactually happens in the court. That surprises me.

As I said, my name is Chris Kennedy. I live in Ellington, Connecticut. And I represent the Connecticut Civil Rights Council. Essentially, you heard some testimony by Judge Scheinblum, I was arrested in July, 2003 in Enfield Court by a warrant for custodial interference.

The charges were over a month old and the claim was that I refused to return my children to a mother who was not home. She was gone for the evening with her boyfriend, and that was in the police report.

And it was in testimony that I supplied to the court. For two and a half years, my case was delayed. I sat through the Court in Enfield. Over 50 hearings, at some point twice a week, depending on Judge Scheinblum's mood.

I watched Scheinblum abuse blacks, Hispanics, minorities. He would deny people their right to a proper defense and he would threaten them. They would either take the prosecutor's offer or they would go to jail.

I personally witnessed him take advantage of poor and uneducated people who have no understanding of the law to plead guilty of crimes they insisted they were innocent of.

In my case, he initially reviewed it after three months, saying that it's a family case. And, in his transcript, he says why are you bothering the Court with a family matter? Why is this wasting the Court's time and why are you wasting the time of Family Relations?

He then proceeded to issue a protective order against me which forbid me from contact with my children, whom I have not seen in three years. Shortly thereafter, in 2003, Chris Parakilas offered to nolle my case because there wasn't enough evidence.

Judge Kaplan called him from Rockville Court and instructed him that he wanted me prosecuted. He did not want my case nolled. In January of '04, Chris Parakilas obliged.

The original offer was that if I went to counseling for eight weeks, he would nolle the case. After 16 weeks of counseling at two different counselors and programs, I went back to Court. Chris Parakilas refused to nolle the case.

That was right after Judge Kaplan's call. That case proceeded. I would ask for a few more minutes, if that's possible. That case proceeded again.

It was, Chris Parakilas, as I said, refused to nolle the case. He would not give a reason why. I immediately asked to go to trial. It was denied. I asked for a speedy trial and it was denied.

My defense attorney asked to withdraw from the case. He did not want to go to trial, and it was granted. So I was defenseless. I had no attorney. I represented myself for several months until I hired a second attorney.

That attorney did file a motion to dismiss. It was denied by Judge Elgo. The grounds were that probable cause or that the warrant was signed by a judge and so there was no grounds to dismiss a case under those conditions.

So, again, my case continued on for another year of going to court, as I said, sometimes twice a week, sometimes more than my attorney was in court himself.

Come July of, June of 2004, I'd been consistently contacting Legislators and the Governor's Office. And, finally, I met with the Governor's Office Chief of Legal Staff, Kevin Rash.

He issued two documents, or several documents. He requested an investigation be done into allegations of unethical and illegal activity to Judge Pellegrino, specifically citing Judge Kaplan of Rockville Court, Judge Klaczak of Rockville Court and also Judge Graziani of Rockville Court.

He issued a second request to Chris Morano asking for an investigation into Chris Parakilas and the actions that he was taking in this case in Enfield, also into Matt Gadansky and to Elizabeth Leaming, who are now prosecuting me in Enfield, in Rockville Court.

I pulled transcripts from my files out of Rockville in June, in June of 2004, right after the Governor's request for an investigation. I brought them to my attorney's attention, of Judge Kaplan's calls to the prosecutor, which he had denied.

The prosecutor, at that point, the prosecutor met with my attorney and Judge Scheinblum in chambers. My attorney came out and filed a motion to withdraw. That withdrawal was granted. Judge Scheinblum just testified today that I've insisted on being pro se.

But the transcripts that I will provide you clearly state that I do not want my attorney removed, that my attorney's being threatened by the Court, that he's being pressured to withdraw from this case because of Judge Kaplan.

I clearly, and I have filed an appeal requesting that my attorney not be removed. The motions that Judge Scheinblum referred as far as being frivolous, they were motions for a speedy trial, motions for a jury trial, motions to have my case transferred out of Enfield Court, motions to modify the protective order so I could see my children.

They were denied. Motions to recuse him as a judge for abuse of process, but they were denied as being frivolous. On June 6th, 2005, again, this is at the time of the Governor's request, I stated to my attorney, my attorney was withdrawing from the case.

I clearly asked the Court that I have attention deficit disorder, as does my son, and I would ask for some accommodations. And I would ask that my attorney not be allowed to withdraw from the case.

As part of the transcript, I allege that Chris Parakilas was lying to the Court, that Chris Parakilas did contact or was contacted by Judge Kaplan, that he did have a, several conversations with him which Chris Parakilas denied.

In Chris Parakilas' statement in June 6th, he says it's unfounded as far as I can tell. I don't know what transpired in GA 19, which is Rockville Court, with Judge Kaplan. All I know is the track record here and this case here.

Judge Scheinblum asked him have you ever represented that this case was going to be nolled?

No, Chris Parakilas stated to the Court. I then asked, now that my attorney was being removed from the case, I asked to address the Court, to Judge Scheinblum.

I asked, I said, Your Honor, if I may. No, you may not, was Judge Scheinblum's response. I would like to exercise my constitutional right to address this Court, Your Honor. You may not, I've given you plenty of opportunity. No, you have not, Your Honor, I replied.

The Court, Judge Scheinblum, said it's obvious to me there's a material breakdown between the lawyer-client relationship and Mr. O'Brien can no longer represent you. His motion to withdraw is granted.

I would ask that this case be dismissed on the grounds of your denying my constitutional rights, I asked Judge Scheinblum. Denied, replied the Judge.

I would ask for an ADA Coordinator, I have attention deficit disorder. I'm requesting accommodations per the Americans with Disabilities Act. What's your disability? Attention deficit.

He then responded that I had to file a brief within one week's time and that I would not have the help of my attorney because he was dismissed from the case.

I then finally responded, Your Honor, I would ask for an immediate jury trial. I believe I'm being, he interrupted me with a denied. So my motion, again, this is a third request for a jury trial after two and a half years.

I supply testimony from my ex-wife that she wasn't home at the time. I supplied the laws, which clearly state in the legislative intent that custodial interference does not apply to a father trying to return his kids to a mother who is not home at the time.

I then provided the Court with transcripts of Judge Kaplan stating I absolutely admit, I put on the record beforehand, I would be contacting Family Services Office in Enfield. And I ended up talking with Peter Myers here at Family Services Office because he's a supervisor.

He then goes on to say, I also spoke to the State's Attorneys in Enfield because the State's Attorney's Office is always in the position that a Family Service Officer at the end of a family case.

And I believe it was an allegation of interfering with custody, or something like that he said was still pending.

He clearly states he should not be entering a nolle on a case if he feels that was the, that was what was alleged on December 30th was relevant, referring to another case.

And he clearly states I simply reported to the supervising State's Attorney's office, Mr. Parakilas, the new supervisor, that he's got that case pending. And it was in the hands of Family Services.

REP. LAWLOR: Mr. Kennedy, can I just ask you, how much more do you have in your statement?

CHRIS KENNEDY: Approximately five more minutes, if I may. I understand.

REP. LAWLOR: Maybe it would be better, because I know some Members of the Committee have a question or two, Senator McDonald.

CHRIS KENNEDY: Sure.

SEN. MCDONALD: Just let me ask you, Mr. Kennedy, and, first of all, I want to thank you for waiting around all this time. I know it's been a long day.

One of the problems we have as a Committee in hearing testimony such as yours is that this is not a great forum to find out exactly what happened.

We appreciate your testimony. We heard, obviously, Judge Scheinblum's prior testimony. And that's actually why we have a system that is actually sort of structured for this kind of proper airing of a particular case.

So my question is, and we're really just focused on one judge here, my question is, did you ever file any complaints with the Judicial Review Council with respect to Judge Scheinblum?

CHRIS KENNEDY: I have one prepared for Judge Scheinblum. Every complaint I have filed has been dismissed, some without review. The last, against Judge Kaplan, was filed within several months of the allegations.

SEN. MCDONALD: But we're just focused on Judge Scheinblum. I understand that you have concerns and objections to Judge Kaplan's conduct as well, but with respect to the one judge that we are considering for reappointment, have you ever filed an actual complaint against him in that venue?

CHRIS KENNEDY: I have not, because it's pointless. They last told me that the complaint I was filed against Judge Kaplan, as I was saying, it was filed timely, they dismissed it as being untimely. And that's what they reported to the state.

When I called back to find out why, they told me that they shredded the documents. So I don't believe the Judicial Review Council does review complaints. But, regardless, I wouldn't file one.

SEN. MCDONALD: I hear you, because the problem we have is that in considering your testimony, we would have to, we want to be fair to you but we also need to be fair to Judge Scheinblum.

And, frankly, one of the best ways for us to do that type of review is to look at a record through a formal structure as administered by the Judicial Review Council.

So I would just, I mean, I'm happy to hear your testimony, and I'm glad you came, but I would recommend that you observe that process. And I understand you feel it's going to be a fruitless process but, for better or for worse, it is the process we have.

And I hope that the Judicial Review Council is not, is not short-circuiting that process. And I suspect that they will give your concerns a full hearing at that time. So I would commend you to observe that process.

CHRIS KENNEDY: Yes, and this isn't the first time that you've heard this complaint against Judge Kaplan. I gave the same testimony a year ago. And I met with you in person.

And even with you, Representative Lawlor, I presented you with the transcripts and you told me flat-out that you're not interested, twice, on two occasions.

And this involves racism, not just by Judge Kaplan or by Judge Scheinblum, but these are serious issues of a prosecutor lying to the Court. And I don't understand how you're not interested in these issues.

The Judicial Review Council, they dismiss cases. They don't review them. And there's no point in going through it, especially when they dismiss a case as being untimely when it's nary a month or two months old.

So that process is clearly not working. This is the only avenue that I have other than bombarding you with e-mails and letters and picketing outside the courthouses which, as you know, I do.

But you have a judge, to continue, at one point, when I alleged of the charges against Chris Parakilas lying to the Court, Judge Scheinblum ordered the Court Reporter to shut off the recording device and then threatened me that he would punish me for my complaints against any officer in this Court.

Now, he's not acting as a judge when he does that. He's a minister of his own justice at that point. And he's not presiding as any judge in this case.

It really doesn't fall under the Judicial Review Council that I could see. It more falls under just an individual threatening another person. I don't understand how he could get away with these things. And this is in a full courtroom.

But it goes on and on. This is, and, as you can see, despite me being the only one here, obviously Governor Rell's Office found some merit to it.

They wouldn't have issued a request for investigation. My case continued for two and a half years, as I said, going before Judge Scheinblum.

He's threatened my repeatedly, as I said. He's done it off the record as well. I mean, these are serious allegations, I do agree with that. And the last, the last bit of issue or the last document that I do have is a grievance I filed against Chris Parakilas.

And he replied to that grievance. And he clearly states in his response, after denying it three times, that Judge Kaplan did contact him on two occasions, that he instructed him quite specifically that I was not a fit father, that I was, that I had manipulative and controlling behaviors that he observed in his courtroom, that he should not nolle my case but he should prosecute me.

And he also commented on a Family Relations officer who also contacted Chris Parakilas, Theresa Wassenberg out of Rockville, to see to it that I was prosecuted at Enfield as well.

And this case went on for two and a half years, until it was brought to trial in New Britain at the cost of taxpayers' money. And then it was dismissed or I was acquitted with a jury trial.

And it's the same, been the same with the charges Judge Kaplan brought against me in Rockville, where I was acquitted with a jury trial for allegations of abuse that he know, knows were incorrect.

And shortly after my attorney was withdrawn and I supplied the documents to Judge Scheinblum about Chris Parakilas and Judge Kaplan's conversations, and after the Governor's request for an investigation, within days, I was arrested in Hartford and charged with perjury from over a year and a half ago.

That case is, after requesting $500,000 bond on me, apparently that's what I'm worth, $500,000, the case is now set to be dismissed. So these are serious issues.

I don't know what other venue to bring this to. I have filed complaints with the Judicial Review Council, multiple complaints. There's no, there is no regard.

I've gone through the appellate process. And the appellate process, even in this case, when my attorney was removed, the case was dismissed as well. So, you tell me, how do I see my children?

You talk about removing your children for termination of parental rights. Well, my parental rights were terminated after my case, I was acquitted from my case.

They denied me, removed all visitation rights. I have no contact with my children whatsoever. And there is no allegations of abuse. There is no allegations of an unfit parent.

There is nothing other than Judge Kaplan or Judge Scheinblum and their record of retaliation against me. So, if this isn't the right venue, I will certainly forward these transcripts to every one of you.

And you can review them. But I would like to see, I just don't understand the review process when a judge comes before you.

I understand they fill out a questionnaire and maybe they get some recommendations or some comments by other attorneys, I they're brave enough to say something about a judge or against a judge.

As you can see, I've been arrested three times for my complaints. I've had blank restraining orders issued against me, taking away my children.

And this has been going on for three years. And every one of you knows about it. I've contacted you repeatedly. And so I don't know what else to proceed with, so.

REP. LAWLOR: Representative Green.

REP. GREEN: Yeah, I just want to get some clarification. If this was a, it sounds like a family issue and possibly some custody issues. You had a case in Juvenile Court or Adult Court?

Was your case a family matter? I'm just trying to figure out how you originally got involved in the court system.

CHRIS KENNEDY: It began as a family matter. Every motion that I brought before the Court was denied. Every motion brought by the mother was granted until, finally, sole custody was granted to the mother.

After we ended our divorce with a shared joint-custody arrangement, she immediately filed for sole custody and the Judge granted it against family relations, against a full family study, child counselors, children's school, against every recommendation, while the mother was on trial for stabbing me.

REP. GREEN: Thank you for the answer. I just was trying to get at what Court you had originally, so.

CHRIS KENNEDY: It's gone to every Court in the state. My son was arrested, as was I, right after my complaint against Judge Kaplan.

It's been in Juvenile, Criminal, Family, the Appellate Court. There's now two cases in the Supreme Court for restraining orders.

REP. GREEN: Let me, let me tell you that it is one issue that I do definitely agree with you on, and I am concerned about. And that is I reviewed a number of judges for [Gap in testimony. Changing from Tape 3B to Tape 4A.]

--Judicial Review Council. And I've got to tell you, in my little quick analysis, about 95% to 98% of those get dismissed.

And I just get concerned when I see so many filed and very few that there's any finding of some kind of fault from judges. So it just has me concerned that the dismissal rate is so high, so I am concerned about that.

However, I do believe that that is the system that individuals have to go through because that's the system that we have. And I think it's up to us to look at the number of complaints that come.

And I would hope that there's some awareness of whether a case was dismissed or not, at least a number that might have been brought. So I just wanted to make that comment. Thank you.

CHRIS KENNEDY: Thank you.

REP. LAWLOR: Are there other questions? If not, thank you very much, Mr. Kennedy.

CHRIS KENNEDY: Thanks for the extra time. And I will say, just in closing, believe it or not, I have judges that I do respect greatly. Andrea Guinness was certainly one of them.

She has ruled against me, but I do respect her fairness. And that's all I've ever asked for, is just fairness in the court system. Thank you.

REP. LAWLOR: Thank you, Sir. Next is John Del Vecchio.

JOHN DEL VECCHIO: Good evening, Members of the Judiciary Committee. My name is John Del Vecchio. I am the Workers' Compensation Organizer for District 1199, New England Healthcare Employees Union.

We have about 20,000 members in Connecticut in both the public and private sectors employed in hospitals, nursing homes, mental health, mental retardation, correctional health, patient transportation, social services and related fields.

Because of the hazardous conditions many of our members face on the job, I'm involved in workers' compensation cases on a daily basis, representing our members at informal, pre-formal and formal hearings.

In that capacity, I've appeared before Commissioner Belkin on numerous occasions in Waterbury and, most recently, Hartford.

I have found him to be the soft-spoken, consummate gentleman, a fair-minded mediator, a man with a sense of compassion and an adjudicator with the necessary knowledge of the law and the skills of persuasion to help the parties resolve disputes, qualities that all those involved in our workers' compensation system deemed vital to a Commissioner, making the system work properly and equitably.

Although sometimes adversarial, workers' compensation is not generally an antagonistic system, and Commissioner Belkin's demeanor and personality contribute to parties coming to amicable resolutions of problems associated with compensation claims.

I strongly urge the Members of the Judiciary Committee to endorse the reappointment of Howard Belkin as Workers' Compensation Commissioner.

REP. LAWLOR: Thank you, Mr. Del Vecchio. Are there any questions? If not, thanks for coming in. It's good to get the input of someone who has had firsthand experience as well.

There you go. If there's no other persons in testifying today, we'll call this public hearing to a, oh, I'm sorry, Representative Hovey.

REP. HOVEY: Thank you, Mr. Chairman. Before you, I'm not sure what the protocol is, do you want to close the public hearing? I have a comment I want to make.

REP. LAWLOR: Oh, sure, I can close the public hearing. No problem, it's okay.

And, from my perspective, we've appointed and appraised judges who have had significant issues with demeanor.

They're arrogant, pretentious and even dishonest, and that we have recently approved a judge who knowingly put children back into harm's way instead of using their judicial latitude to protect these children.

And the particular individual that we had earlier today, I believe the terms willful neglect and this or that about their circumstance, personal circumstance.

And what I would say is, someone who sits on this Committee with a--

[Whereupon, the hearing was adjourned.]====

“Whereupon, the hearing was adjourned.” ???

I was present for the 21 March 06 Judicial Approval Hearing and I found there should have been a notice posted at the door to the hearing room to “Enter At Your Own Risk. Barf-bags Recommended.” You approved judges who had no experience in the criminal courts, and no trial experience at all. All we heard was schmoozing by the legislators. It was repulsive. One member of your committee admitted to having only set foot in a courthouse once in her lifetime!

3) It’s becoming ever more clear that we need to ask for an investigation by the US Department of Justice from OUTSIDE Connecticut due to the corruption in the local USDOJ. From the Hartford Courant 06 November 05:

"On another occasion, a sober Rowland adviser was deputized to warn another Republican she ought to start wearing underwear beneath her short skirts when she was around the governor. Mrs. Rowland was said to be especially insistent that the message be delivered."

Connecticut's political world is tiny and given to ennui. Witness the fact that the U.S. Attorney, Kevin O'Connor, was barred from participating in the prosecution of the Rowland scandals because of his and his wife's close ties to the former governor. Kathleen O'Connor worked in the office of Rowland's legal counsel. In most places, that would raise an alarm. Connecticut only shrugs.” --- Whole Truth Left in Shadows - Courant’s Kevin Rennie

All of the above means we have exhausted all means for redress of corruption in the CT court system, color of law abuses, complete denial of all civil and constitutional rights. There is no restraint whatsoever on the criminal behavior of Morano’s staff, the DCF, the judges, and now clearly the legislators are incompetent. Mr. Lawlor, the Committee Chair, said to Mr. Kennedy,

CHRIS KENNEDY: “Yes, and this isn't the first time that you've heard this complaint against Judge Kaplan. I gave the same testimony a year ago. And I met with you in person.

And even with you, Representative Lawlor, I presented you with the transcripts and you told me flat-out that you're not interested, twice, on two occasions.”

There appears to be nothing left to be done except take this to Washington and the United Nations.

Again.

Kathleen M. Dickson http://actionlyme.org

23 Garden Street

Pawcatuck, CT 06379

860-599-5451

CC: USDOJ, Civil Rights Division, Criminal Section, United Nations Human Rights Commissioner, Geneva, Switzerland, US Senate, House Ways and Means, NY AG Eliot Spitzer, Special Counsel Patrick Fitzgerald, Alberto Gonzales, Margaret Spellings, The White House, Hartford Courant, The Washington Post, Representatives Kenneth Green and William Dyson