27 July 2010

KingCast exclusive: Hyman v. Hemlock Motion for New Trial pleadings from Defendant and Plaintiff in historic $1.7M anti-semitic Verdict.

Sooooo.....Despite the unanimous Verdict, the Defendants are pressing on. What's so funny is that if you follow their legal arguments to a logical conclusion, testimony about the Swastikas and damage to the properties of Scott Hyman and Don and Julie Prescott should not have been admitted, but yet it was admitted and without objection. Therefore if the Court rejects the Defendant's Motion for New Trial and for Judgment Notwithstanding the Verdict (JNOV), then the Hemlock Association has one helluva' legal malpractice case against its counsel, Superlawyer Richard Serkey.

Serkey declined my interview but the Plaintiff's attorneys did not.

And you better believe I know a little something about legal malpractice in Boston, just ask another area Superlawyer, Jeffrey Denner or Kevin Barron, they settled up when I came around with the KingCast coverage, you betcha.

Or the Harvard Citizen Media blog, they said I was correct about the Unconstitutional nature of Denner, Barron and the Court's First Amendment suppression and oppression against Derrick Gillenwater.
It looks like the court failed to brush up on some basics of defamation and First Amendment law before issuing its order.

Here's a great post about this case, with some Affidavits.
Here's the seminal post.
KingCast.net: Reel News for Real People.


Anonymous said...

Last modified: Wednesday, July 28, 2010 11:49 PM EDT

Item wins release of Revere cop murder film

By Robin Kaminski/The Daily Item

REVERE - More than two years after a Suffolk Superior Court judge ruled against releasing surveillance footage taken the morning Revere police officer Daniel Talbot was shot and killed, the footage was rele-ased Wednesday exclusively to The Daily Item.

The two-and-a-half-hours of video shows five different angles of the parking lot located behind Revere High School, offering only a few glimpses into what occurred prior to Talbot’s death on Sept. 29, 2007.

Talbot, his fiancee and three other off-duty officers were reportedly drinking behind Revere High School on athletic field bleachers in the early morning hours of Sept. 29, when Talbot was shot in the head after a brief confrontation with a youth who was walking across the field.

The first minute of footage shows a person identified by the district attorney as Derek Lodie, then 17, walking through the parking lot to the field where prosecutors said he had the initial confrontation with Talbot. Ten minutes later three more people walk through the lot, identified by the DA as James Heang, Thomas Papandrea and Robert Iacoviello, who police believe Lodie summoned after the argument, and who was convicted of firing the shot that killed Talbot.

A police cruiser appears on the footage about eight minutes later, followed by a fire truck, more cruisers and eventually an ambulance. Neither Talbot or the fatal confrontation was captured on the footage.

The Item requested access to the surveillance footage in December 2007 after it became apparent it might depict the events that led to Talbot’s death.

After being denied the video, The Item sued Suffolk District Attorney Daniel Conley, who possessed the tape, on the grounds that footage of city employees socializing on school property makes the video public information.

Conley’s office repeatedly denied the newspaper’s request, citing investigatory exemptions that suggested releasing the video would compromise the integrity of the investigation. Conley agreed to release the footage Tuesday if The Item dismissed its litigation.

“We have agreed, through our attorney Peter J. Caruso Sr., of North Andover, to drop this legal action against the Suffolk County DA’s office now that they have produced the footage that we have always maintained was public information,” Daily Item President and Publisher Peter H. Gamage said.

Conley’s spokesman Jake Wark said the release of the tape was delayed due to a standard of practice.

“As a matter of policy and practice, we do not release evidence while a case is open and pending,” Wark said. “Whether it’s a tape or a signed confession, it’s not public record until it is introduced in court.”

Conley’s attorney John Zanini previously argued that releasing the video to the media would compromise the grand jury trial, where the video could still have been added as evidence. In addition, he questioned the urgency of viewing the video, which at the time, was six months after the incident took place.

Iacoviello was sentenced to serve three years in prison on a firearms charge before he begins his life sentence with parole eligibility after 15 years. He was also ordered to serve, along with the firearms sentence, a two-year sentence on another firearms charge.

Lodie was sentenced to eight to 12 years in prison for being an accessory before the fact to Talbot’s murder.

Heang received a three-to-six-year sentence for unlawfully carrying a firearm and being an accessory to Talbot’s murder after the fact.

Papandrea is believed to be in the witness protection program.

Christopher King said...


I was aware of this but it's always good to keep the public informed!