13 July 2011

Kelly Ayotte lawyers at McLane, Graf try to strike proof of racial ethics problems in State v. Glenn, #2008 – 912 and KingCast v. Kelly Ayotte, NH GOP and Nashua PD NH Dist. 2010-CV-501..

9:50 a.m. Update -- Why did Judge Landya B. McCafferty recuse herself because of Nancy J. Smith, Esq? Is it because they.... worked together at some point? Why didn't anyone at McLane, Graf or Her Honor notify me of Her Honor's relationship with the firm in my case?

10:50 a.m. Thinking cap on -- Judge McCafferty knows the Ethics Rules rather well as she was NH Disciplinary Counsel. As an aside, of course being an Ethics guru didn't stop Martha Van Oot from lying to Ralph Holder and violating Brown v. Board and Palmore v. Sidoti when they shipped his negro child to an inferior Massachusetts school so he could be with his colored friends.
"After all, she was the state’s first full-time prosecutor for discipline cases in the restructured attorney disciplinary process implemented in 2004."
I know Nancy J. Smith from when I obtained the Bruce McKay dash cam of his brutalization of Liko Kenney. She screwed up the Fred Murray/Maura Murray case and the NH Technical College Pell Grant case as noted herein. But her CV indicates that she is not from NH and they did not attend law school together so it is a logical inference that they were not childhood friends... so that would leave some sort of working relationship....  and what working relationship could be more cozy than the one in which my opposing counsel Jack Middleton was McCafferty's boss and founding partner at McLane, Graf... while Her Honor worked alongside my opposing counsel Jennifer Parent, also at McLane, Graf.

I can't wait to get to SCOTUS behind these facts. Remember folks, I offered to settle the whole damn case if Kelly Ayotte would engage in a quick panel discussion with NENPA on what constitutes a journalist in 2011. But rather than do that, Senator Kelly Ayotte lied to people on Capitol Hill and said I filed frivolous lawsuits against her in her attempt to fund her indefensible actions, so I sued her now for Defamation. My position will be thoroughly vindicated so I'm not taking any shit from anybody on this.

Here is your related link from yesterday's filing.
2.    Next, the Motion to Strike and the Updated Motion do not constitute two Motions within one Pleading because Plaintiff telephoned the ECF Help Desk and notified them of the fact that he needed to issue a correction to the pleading, and that is in fact the correct way to do it: Strike the First Motion and submit the new Motion in the same filing. If counsel or the Court would like to see a copy of Plaintiff’s phone records on the day of the filing that could be arranged.

3.    Further, minor deviations from Rule do not constitute a death knell for the Pleading: In Liko Kenney v. Greg Floyd et al, Kelly Ayotte protégé Dan Mullen filed a Partial Motion to Dismiss that was not in proper form (it did not have a Separate Motion and Memorandum as required by Rule) but it was accepted by the Court because the underlying argument had merit to the extent that the Estate of Liko Kenney cannot sue for monetary damages beyond the Statute but may only use those events to show a pattern and practice of Unconstitutional & unlawful behavior by the Town of Franconia. 

The same is true in this case: Even if Plaintiff was in error (he is not) the Underlying Motion clearly has merit because the relevant and previously-cited Judicial and Attorney Ethical Canons mandated that someone from McLane, Graf should have told Plaintiff that Magistrate McCafferty worked underneath the lead counsel and owner and founding partner of McLane Graf and that she worked next to Attorney Parent.
    Similarly it doesn’t take rocket science to know that McLane, Graf breached their ethical obligations in “representing” Charles Glenn, another black man who questioned the Ayotte and Delaney AG regimes. As a former AAG Plaintiff is rightfully appalled that McLane, Graf covered for Prosecutorial Misconduct and that informs the ethics failures in the Case at Bar: (Read more of the skullduggery below the fold).....

            Again, while Defendant attempts to imply that Plaintiff was somehow aware of the Glenn case “because he cited to it in his Memorandum of Law” the fact of the matter is the Plaintiff only recently because aware of the case via a 23 June 2011 email. That is when he discovered that Defendant Kelly Ayotte's successor Michael Delaney after his office intentionally withheld evidence that:
1. Their only witness, Joseph Salvatore had obtained a gun permit and purchased his gun BEFORE the fatal shooting of Leonard Gosselin.
2. Their only witness, Joseph Salvatore, had a prior history of unlawfully discharging a firearm of the same caliber that killed Leonard Gosselin.

McLane Graf counsel, rather than fully fighting for its black male client who was questioning the Establishment to the core, sold that negro right on down the river.[1] Again, Plaintiff is well-versed in the law of Ineffective Assistance of Counsel – not that any of his clients ever brought such a suit, but because he has assisted others to air their concerns on such matters. [2]
 That type of activity is of course entirely consistent with the role of a watchdog press, and it is precisely why former Nashua Mayor Bernard Streeter – a man with the longest Executive/Governor’s Council membership – awarded Plaintiff a First Amendment Mayoral Commendation.

4.    As to the Court’s Order that Plaintiff not file more motions, Plaintiff has explained that he does not file these motions without extensive research and consideration and respect for the Court. However it is not Plaintiff’s fault that McLane, Graf attorneys have demonstrated a lack of professional respect toward black men that besmirches the legal community, first by failing to even mention Her Honor’s employment under lead counsel and next to assistant counsel and now this. Similarly it is not Plaintiff’s fault that he only recently learned of the Glenn matter but it is indeed relevant because it goes to show the extent to which McLane, Graf past and present employees will engage in skullduggery to protect their own, particularly in the presence of a militant black man.[3]

5.             When viewed in this light, the failure of not only Magistrate McCafferty but of McLane counsel to notify Plaintiff of her association with the firm looms large. Further, no one can reasonably question Plaintiff’s need to know why in the same month, her Honor recused herself immediately after a certain lawyer filed an appearance in State v. Issacson, NH Dist. 2009-3332 but not in this case? One logical inference is that Her Honor has an association of some sort with the new attorney. Unless or until that notion is solidly disproved by testimony Under Oath this Court and the Parties are stuck with that logical inference and any other suggestion amounts to more skullduggery and obfuscation.
As previously stated, it is quite clear that they have a little boys and girls club where they protect their own and can do no wrong, and if that is not the case then it is high time this Honorable Court make it known that such activity will not be tolerated, rather than to become complicit in these crimes and omissions of moral turpitude.

Defendant’s naked attempts to malign Plaintiff fail miserably. Defendant Ayotte cites to Educadores  Puertorriquenos en Accion v. Hernandez, 367 F.3d 61' 68 (1st Cir. 2004) but that is a red herring because the Court was not even analyzing any particular language but was instead just issuing a prophylactic general warning:
Second, in considering motions to dismiss courts should continue to "eschew any reliance on bald assertions, unsupportable conclusions, and opprobrious epithets." Chongris v. Bd. of Appeals, 811 F.2d 36, 37 (1st Cir.1987) (citation and internal quotation marks omitted). Such eschewal is merely an application of Rule 8(a)(2), not a heightened pleading standard uniquely applicable to civil rights claims. 

In this case Plaintiff has cited to Judicial Codes of Conduct and to specific glaring legal omissions by McLane, Graf in yet another racially-tinged matter. Thus it is clearly Defendant and not Plaintiff who is engaging in bald assertions and unsupportable conclusions.

            Owing to the unique and troubling issues surrounding this matter Oral Argument is requested such that everything at issue be put on the record in Open Court. As an investigative journalist who demands open and full access to information and to the law Plaintiff submits that would be the only appropriate course of action in this matter. People need to take the stand and explain these (in)actions Under Oath to the satisfaction of the Court, which they cannot do and hence the fierce objection to the Notice.
Respectfully submitted,

/s/ Christopher King, J.D.
Christopher King, J.D.
http://KingCast.net -- Reel News for Real People


I the undersigned, solemnly swear that a true copy of this Reply was
Electronically delivered on 13 July 2011 to:

Jennifer Parent and Jack Middleton, Esq.
City Hall Plaza
900 Elm Street
Manchester, NH 03101

Gordon MacDonald, Esq.
Nixon Peabody LLP
900 Elm Street
Manchester, NH 03101

Brian Cullen, Esq.
10 East Pearl Street
Nashua, NH 03060

/s/Christopher King, J.D.
By and through Christopher King, J.D.

[1] Plaintiff did indeed withdraw and refile the matter with a slight correction, which took no extra time or expense from Defendants because he did it within a calendar day or so. Defendant is grasping at straws in an attempt to impugn Plaintiff rather than to examine the (in)actions and arguably outright ethical failings of McLane, Graf Counsel. Plaintiff will simply not stand for any of it nor should this Honorable Court.
[2] Plaintiff has directly-related experience on this matter, having helped expose the Ineffective Assistance of Counsel/malpractice claims (and settlement) of former client Derrick Gillenwater’ against Whitey Bulger’s putative Counsel Jeffrey Denner, when Plaintiff was “Boston Bob” as noted in the Harvard Citizen Media Journal (Denner’s Alma Mater).
[3] Similarly, as we shall see in Plaintiff’s Motion for Leave to File a Third Amended Complaint, it is also not Plaintiff’s fault that Defendant Ayotte issued materially false statements to the U.S. Senate that Plaintiff – a man with a law degree from a top 50 school – filed “frivolous” cases. Nor is it Plaintiff’s fault that Nashua PD, in beating down Mike Gannon for no reason, directly referenced KingCast videos.

1 comment:

Christopher King said...

Kelly Ayotte lawyers at McLane, Graf try to strike proof of racial ethics problems in State v. Glenn, #2008 – 912 and KingCast v. Kelly Ayotte, NH GOP and Nashua PD NH Dist. 2010-CV-501.

Christopher King to mike.delaney, jennifer.parent, Jack, gmacdonald, Brian, bcc:

show details 8:55 AM (0 minutes ago)
Dear Attorney Parent:

All you had to do was put your finger in the dial (so to speak, it's all digital now like my KingCast movies that Nashua PD hate) and call me and I could have saved you the time and your client the expense of your specious argument that I somehow violated Court Rules: I did exactly what the ECF help desk told me to do in documenting the McLane, Graf history of race-based discrimination and ethical breaches. Besides, even if there was a minor violation the same sitting Judge ruled them permissible in Estate of Liko Kenney v. Town of Franconia, Greg Floyd et al.... another case that makes your client hate me all the more because I exposed her lies more than any other journalist out here.


Kelly Ayotte lawyers at McLane, Graf try to strike proof of racial ethics problems in State v. Glenn, #2008 – 912 and KingCast v. Kelly Ayotte, NH GOP and Nashua PD NH Dist. 2010-CV-501..

Christopher King, J.D.
http://KingCast.net -- Reel News for Real People
http://MortgageMovies.blogspot.com -- Documenting Deceit