Saturday, November 16, 2013

Police Murder Cover-up Settled: $1.7m

Jerry Amaro, III
CONGRATULATIONS to attorneys John Burris and Jim Chanin for successfully representing the mother and sister of Jerry Amaro III, 35. Amaro died a month after he was brutally beaten by police officers. Amaro's mother, Geraldine Montoya, and his sister, Stephanie Montoya, both of San Leandro, sued the Oakland Police Department regarding Amaro's wrongful death. The coroner's office reported that Amaro died of pneumonia caused by fractured ribs in April 2000. The city asked the courts to dismiss the Montoya's lawsuit, saying the statute of limitations had expired. However, the courts ruled that the lawsuit would have been filed timely if the police had not initiated a cover-up. The San Francisco Chronicle reports:

2. The city of Oakland agreed Tuesday to pay $1.7 million to the family of a man who died after being arrested by Oakland police officers in 2000, a case that a federal appeals court said led to misrepresentations and stonewalling by the Police Department. During the arrest, several officers, including now-Capt. Ed Poulson, used excessive force, breaking five of Amaro's ribs and lacerating his left lung, said the family's suit, filed in U.S. District Court in San Francisco.

3. In July, the Ninth U.S. Circuit Court of Appeals in San Francisco concluded that a homicide sergeant had withheld critical facts that could have substantiated the family's belief that Amaro [died of injuries sustained during his police beatdown]. Geraldine Montoya said the sergeant had told her that Amaro had "died in the street" following a gang dispute over drugs.

4. CONGRATULATIONS to the Montoya family and their attorneys on this legal victory. Congratulations to justices in the Ninth U.S. Circuit Court of Appeals for their righteous judgement!

5.   John L. Burris formed the Law Offices of John L. Burris in 1985, after several years in private practice with the firm Harris, Alexander, and Burris in Oakland, California. He earned a law degree from UC Berkeley School of Law - Boalt Hall and MBA from UC Berkeley Graduate School of Business. He is best known for his work in the area of plaintiff's civil rights over the last 25 plus years and as a legal analyst on Fox, MSNBC, Court TV, CNN and many local television and radio stations. His primary areas of focus for his practice include cases involving police misconduct, employment discrimination and criminal defense. His initial participation with police misconduct issues occurred in April 1979 when he was hired by the Mayor and the City Council of Oakland to conduct an independent investigation into the fatal police shooting of 15-year-old Melvin Black and the entry into the Oakland office of the NAACP by Oakland police officers. He is the author of the book "BLUE vs. BLACK: Let's End the Conflict between Police and Minorities." John Burris has offices at 7677 Oakport St, Oakland, CA 94621. Phone (510) 839-5200. He his online contact form

6.   Jim Chanin is a nationally prominent attorney who specializes in Civil Rights, Police Misconduct, Personal Injury and Business Litigation. Jim Chanin’s interest in police misconduct began over thirty-five years ago when he was part of a group that successfully established a Police Review Commission (PRC) for the City of Berkeley. He served on the first Commission starting in 1973 and was twice elected Chairperson of the Commission. He helped establish the PRC’s complaint procedures and assisted in crafting several important policy decisions relating to the Hostage Negotiation Team, Mutual Aid and the meaningful integration of the Berkeley Police Department. Mr. Chanin’s growing interest in civil rights and police issues led him to pursue a legal career and he became a lawyer in 1977. Less than two months later, he began representing a variety of clients including victims of civil rights abuse and police misconduct, as well as a variety of people injured by automobile driver negligence and other negligent conduct by third parties. Contact him at The Law Offices of James B. Chanin, Esq., 3050 Shattuck Avenue, Berkeley, CA 94705. Phone 510-848-4752 ext.2. Email him at


8.   Jerry Amaro's family was able to prevail in court because it was proved that police misconduct (withholding information about the cause of Amaro's death) prevented the family from filing lawsuit timely. In the case of the secret arrest and wrongful death of Larry Neal, my mentally, physically disabled brother, no lawsuit was filed timely because of collusion to defraud Larry's family by The (Johnnie) Cochran Firm and Memphis Shelby County Jail/Government in 2003. The demonic attorneys used U.S. Mail fraud to lie to my family about a nonexistent wrongful death case regarding Larry Neal's kidnapping by police and his murder by means that have never been disclosed to his survivors. Police refused to divulge information about Larry's secret arrest and death, and the Shelby County Attorney refused to answer a federal subpoena for records and information.

9.   The managing partner of the Memphis office of The Cochran Firm in Memphis, Julian Bolton, was himself a long-standing member of the Shelby County Commission, which owns and operates the jail where Larry was secretly incarcerated for 18 days and killed. Therefore, The Cochran Firm signed contract to represent the Neals with no intention of actually bringing suit against Shelby County Jail for wrongful death nor against the State of Tennessee and Larry's final care home for negligence. The unethical lawyers kept hope alive until the end of Tennessee's statute of limitations, then confessed their conflict of interest and their inactivity on our cases. Hopefully, since police withholding information on Amaro's cause of death was sufficient reason to extend the statute of limitations for filing a wrongful death lawsuit against Oakland Police Department, the conspiracy to cover-up Larry's death in custody and deny due process of law will also be considered sufficient reason to allow the Neals to proceed with a long overdue lawsuit against Shelby County Jail/Government. 

10.  Maybe that is why this writer has been censored, stalked, and terrorized for years. Before reading this article, I believed the Neals would need to file lawsuit against The Cochran Firm and Shelby County Government, et al. under the RICO Act, which has a significantly longer statute of limitations than personal injury cases do. See in this "Legal Victories" blog an article announcing that RICO Act lawsuits against police departments were ruled permissible by U.S. District Judge Gary A. Feess, entitled "RICO Lawsuits OK Against Racketeering Police"

11.  This would be much more exciting news if every court was as honest as the Ninth U.S. Circuit Court of Appeals in San Francisco was in the Amaro case. However, Larry Neal was murdered in Tennessee, the state where the Federal Bureau of Alcohol, Tobacco and Firearms hosted its whites-only annual event, the "Good Ol' Boys Roundup," where vendors sold "Federal Licenses to Kill Niggers" until 1996. My mother and I live in Georgia, a state where some high school children went to racially segregated proms as late as 2011, and where a federal judge dismissed our lawsuit against The Cochran Firm frauds, ruling that the lawyers' fraud against the Neals was "immaterial" (because as an African American psychiatric patient, Larry was "immaterial").

12.  Read the entire San Francisco Chronicle article about the Jerry Amaro case:
"Oakland to pay $1.7 million to Jerry Amaro family"
by Henry K. Lee at

"Nigger Hunting License" sold at "The Good Ol' Boys Roundup," 
an event sponsored by the U.S. Bureau of Alcohol, Tobacco and Firearms 

Paragraph 1 repeated (or stalkers may code this article to skip it on cellphone view. Four urls, three email links, twelve numbered paragraphs, five photos (with descriptions) are in this article).CONGRATULATIONS to attorneys John Burris and Jim Chanin for successfully representing the mother and sister of Jerry Amaro III, 35. Amaro died a month after he was brutally beaten by police officers. Amaro's mother, Geraldine Montoya, and his sister, Stephanie Montoya, both of San Leandro, sued the Oakland Police Department regarding Amaro's wrongful death. The coroner's office reported that Amaro died of pneumonia caused by fractured ribs in April 2000. The city asked the courts to dismiss the Montoya's lawsuit, saying the statute of limitations had expired. However, the courts ruled that the lawsuit would have been filed timely if the police had not initiated a cover-up. The San Francisco Chronicle reports:

Call or write with information about legal victories you wish to highlight or (678) 531.0262.
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Wednesday, November 13, 2013

Free Advertising for Attorneys!

Free advertising for attorneys!
Write a statement of 250 words or less on either of the six topics below and include at least one citation, and I will read your statement and credit you and/or your law firm on a broadcast at one of the Blogtalkradio shows where I am a member, listed at the link below:

~Mass Incarceration
~African American Inmates
~Unequal Justice
~Decriminalizing Mental Illness and/or Drug Addiction
~Government Spying

New Human Rights Blogtalkradio Broadcasts

Legal Victory - BATES v. STATE BAR of ARIZONA

Until 1977, lawyers were generally barred from public advertising. John Bates, Esq. changed that. Bates v. State Bar of Arizona, 433 U.S. 350 (1977), was a United States Supreme Court case in which the Court upheld the right of lawyers to advertise their services. In holding that lawyer advertising was commercial speech entitled to protection under the First Amendment (incorporated against the States through the Fourteenth Amendment), the Court upset the tradition against advertising by lawyers, rejecting it as an antiquated rule of etiquette.

The Court emphasized the benefits of the information that flows to consumers through advertising, positing that lawyer advertising would make legal services more accessible to the general public and improve the overall administration of justice.

Although legal advertising in phone books still remains the most popular and prominent in our society, new forms of advertising have emerged. Television advertisements are a relatively new form of advertising and are becoming increasingly more popular. The newest form of advertising by law firms and lawyers is over the internet. Internet advertising helps victims find a lawyer to represent their case. (Wikipedia)

Congratulations, attorneys, for gaining protection for your free speech rights through the United States Supreme Court. Things have certainly Changed since 1977. Wikipedia reports, "In the top 75 television markets nationwide, 2,000 lawyers advertise on television and spend close to $200 million collectively on advertising."

Until advertising was legalized for attorneys, law firms relied on referrals. Being applauded in my Legal Victories blog for cases you won, or allowing me to read your opinions and findings about legal issues on Blogtalkradio before large audiences, combine two forms of advertising: third-party word-of-mouth advertising on the Internet - and this is free. Many people are seeking your services, and I want everyone with civil or criminal case to have adequate legal representation. Let's make it happen.

More ideas for advertising your services are offered in "Justice Gagged" blog at an article entitled "Free Legal Services Advertising: Pro Bono" at

Call or write with information about legal victories you wish to highlight or (678) 531.0262
Messages will be responded to within 24 hours unless they are cyberstalked.

Sunday, November 3, 2013

Legal Victory Overturned re Stop & Frisk, Then We Won!

Judge Scheindlin

***Victorious January 2014 update is below***

Unfortunately, one of the legal victories reported in this blog has been overturned on appeal. The NY Court of Appeals ruled Stop & Frisk racial profiling is A-OK! Furthermore, Judge Scheindlin, who ruled the practice unconstitutional, was removed.

"Of course it is acceptable to harass blacks and Latinos in New York. Carry on." 

(Reuters, Oct. 31, 2013) - A U.S. appeals court froze court-ordered reforms to the New York City Police Department's controversial stop-and-frisk program and removed the judge who found the police tactic unconstitutional, alleging that she "ran afoul" of the judicial code of conduct.

We congratulate Judge Scheindlin for trying to right a tremendous wrong. We further congratulate litigants who sued to end racial profiling and police officers who helped to expose how oppressive Stop & Frisk is. One such police officer speaks on a YouTube video at  (embedded below). He revealed that the quota for police officers in New York is one 1 arrest, 20 summons, and 5 stop and frisks. The police officer said, "This is not what I became a cop for - this is not what I want to do."

Legal Victories reported the ruling by Judge Scheindin in an article published in August entitled "Ruling Against Stop & Frisk - American Apartheid."


Mayor de Blasio announces New York's stop-and-frisk appeal is on hold
Mayor Bloomberg’s administration had sought to appeal Judge Shira Scheindlin’s ruling, which stated the NYPD had abused its power. But de Blasio is working to settle the case out of court.

"We believe these steps will make everyone safer," de Blasio told a Brooklyn news conference. "This will be one city where everyone rises together, where everyone’s rights are protected."

Mayor Says New York City Will Settle Suits on Stop-and-Frisk Tactics
“We’re here today to turn the page on one of the most divisive problems in our city,” Mr. de Blasio said at a news conference. “We believe in ending the overuse of stop-and-frisk that has unfairly targeted young African-American and Latino men.”

Bill de Blasio's Video Announcement with Commentary by Al Sharpton

Congratulations, New York!
Call or write with information about legal victories you wish to highlight or (678) 531.0262
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If you receive no response within 24 hours, please try again.
My First Amendment rights are trampled to prevent my human rights advocacy

Sunday, October 13, 2013

Forer Explains The Cochran Firm Fraud in CA

Mediator Charles F. Forer explains why The Cochran Firm's fraud against a class of black plaintiffs in California (clients) would not have worked in Pennsylvania. The Cochran Firm had its clients sign a mediation agreement for mediation that never happened and was probably not even planned. The unethical lawyers then fraudulently switched the signature page to a settlement agreement the clients did not know about and had not approved. (The Cochran Firm often works behind its clients' backs to help their defendants avoid accountability.) The outraged clients sued The Cochran Firm for fraud, but their lawsuit was dismissed from California court, and the CA Supreme Court would not even hear their appeal against The Cochran Firm. Why? Because the clients had been tricked into signing a confidentiality agreement regarding the nonexistent mediation.

The first of six(6) links below contains an explanation by Mr. Forer, a member in the Philadelphia office of Eckert Seamans Cherin & Mellott, LLC, where he practices all types of Alternative Dispute Resolution, both as a neutral and as counsel to parties engaged in ADR. He is a former co-chair of both the Philadelphia Bar Association’s Alternative Dispute Resolution Committee and the Fee Disputes Committee.

I would like an explanation as to how The Cochran Firm office in Atlanta was allowed to claim in Georgia Superior Court in Fulton County that it was a locally owned and operated law firm in the State of Georgia - "Cochran Cherry Givens Smith & Sistrunk, P.C. (CCGSS)." CCGSS disclaimed having any affiliation whatsoever with The Cochran Firm (national office) or with The Cochran Firm's law offices in Memphis, Tennessee and elsewhere. Why were The Cochran Firm's defense lawyersCarlock, Copeland, Semler & Stair, LLP,  allowed to present perjury in Georgia courts and defraud the court into wrongly dismissing the Neal's lawsuit against The Cochran Firm by claiming the lawsuit was served not to a Cochran Firm office (a void judgment)? A few other explanations would be appreciated to these questions:

1. Why do The Cochran Firm's law offices contract with people of color and then defraud those clients to rescue police departments and major corporations from its clients' legal actions?

2. Why did attorneys from CCGSS register with Georgia courts and the State Bar as being from Cochran Cherry Givens Smith & Sistrunk, P.C., operating at 127 Peachtree Street, Atlanta, GA, when no such professional corporation was registered with the Secretary of State's office at any time? CCGSS was not registered as a d/b/a in the State of Georgia or any of its counties.

3. When sued, why did CCGSS falsely disclaim any association with the Memphis office of The Cochran Firm when in fact, Cochran Cherry Givens Smith & Sistrunk, P.C. was actually a professional corporation registered with Tennessee's Secretary of State's office using the same address as the Memphis office of The Cochran Firm?

4. When the Neals sued The Cochran Firm, the lawsuit was served to CCGSS in Atlanta. Why did CCGSS falsely claim in court that it had no association with the national office of The Cochran Firm while CCGSS continued to advertise, receive and sign for mail, send mail as, and answer the phone as being "The Cochran Firm Atlanta"? 

5. Why is "The Cochran Firm Atlanta" office listed as a law office operating under the national office of The Cochran Firm on the national law firm's website? 

6. Why does The Cochran Firm advertise itself as being ONE of the nation's largest plaintiffs' law firms with numerous offices throughout the United States if that is false advertising?

7. Why is The Cochran Firm allowed to do U.S. Mail fraud, sending its clients false status reports about legal actions the firm is not actually doing? The Neals' wrongful death case file was empty after holding Larry Neal's wrongful death and negligence lawsuits secretly inactive while the Tennessee statute of limitations passed.

8. The Cochran Firm attorneys defraud their clients regularly to reduce or eliminate payouts on lawsuits, especially lawsuits against police departments and certain major corporations. As plaintiffs' attorneys, The Cochran Firm receives a percentage of its clients' winnings. Who pays The Cochran Firm when its attorneys lose a case or deliberately reduce their own income by defrauding clients?

9. By what authority do police deny me the right to inform and warn my fellow black and brown people about The Cochran Firm fraud against its own clients throughout the USA? Police in Georgia threatened to Taser and arrest me for exposing my disabled brother's lynching and The Cochran Firm fraud that prevented justice. Larry Neal was killed after 18 days of secret incarceration in Memphis Shelby County Jail, a jail that Julian Bolton, a Cochran Firm managing partner at the time, was in overview of as a County Commissioner. My computers and phones are monitored and controlled to prevent calls and emails to/from parties with whom police do not wish for me to communicate. See a list of offenses in 

10. Why is protecting The Cochran Firm fraud considered important to the federal government, which was in direct overview of Memphis Shelby County Jail when Larry Neal was secretly incarcerated and murdered there? The United States Department of Justice was in overview of the jail after lawsuit by the USA for its pattern of inmate abuse. Yet, the Neals are denied any information and documents about this disabled man's kidnapping and murder, which federal authorities and Shelby County officials colluded to withhold from reports to the USA. Larry's murder is treated like a national secret. 

11. Is the elaborate Cochran Firm fraud that involved collusion among many parties to cover up the secret arrest and wrongful death of Larry Neal in Shelby County Jail and The Cochran Firm's perversion of justice for hundreds of other black/brown clients an example of systemic racism and RICO Act racketeering? Is CoIntelPro still operational today through The Cochran Firm fraud? 

See a partial list of its former clients, former attorneys, and law firms that alleged fraud and some filed lawsuits against The Cochran Firm for defrauding them in recent years at the article below: 
"RICO Act: McMurray Exposes The Cochran Firm Fraud"

Congratulations to Mediator Charles F. Forer for explaining how The Cochran Firm's fraud against a class of black employees was allowed to elude prosecution in California courts. The Cochran Firm found a loophole in the law and fraudulently substituted the clients' signature page for a mediation document onto an unauthorized settlement agreement. But there is no legal loophole for what The Cochran Firm did to prevent justice for the Neal family regarding Larry Neal's secret arrest and murder in Memphis Shelby County Jail. Therefore, the unethical law firm presented perjury before Georgia courts and disclaimed its own identity, and I have been persecuted, stalked, and censored ever since it happened to prevent disclosure and legal recourse.

Congratulations to Pennsylvania, where attorneys are not allowed to avoid malpractice claims simply by having unwitting clients to sign a confidentiality agreement for mediation. California should close that loophole. Most lawyers would not use it to defraud their own clients, but The Cochran Firm has a fraud operation in that state.

The Cochran Firm gives the appearance of being a continuation of the FBI's CoIntelPro War on Black America - giving the appearance of justice after wrongs done to blacks while actually working to prevent justice. See the video at YouTube link and embedded below:

WHY did Johnnie Cochran die soon after announcing his intention to assemble a dream team to sue the United States and major corporations for reparations for slavery and Jim Crow, leaving his firm in the hands of people who misuse his name and legacy to defraud his people? (Six(6) links, one(1) embedded video, and three(3) photos in this article, repeated below because of cyberstalkers)

1.  Mr. Forer's Presentation
2.  Carlock, Copeland, Semler & Stair, LLP 
(The Cochran Firm's Lawyers against the Neals' Lawsuits)
4.  "RICO Act: McMurray Exposes The Cochran Firm Fraud"
5.  CoIntelPro: The FBI's War on Black America 
6.  MaryLovesJustice email

Call or write with information about legal victories you wish to highlight or (678) 531.0262
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Monday, October 7, 2013

RICO Lawsuits OK Against Racketeering Police

Judge: Los Angeles Police Department can be sued as a racketeering enterprise

The judge presiding over about 100 federal police corruption lawsuits has ruled the city's police department can be sued as a racketeering enterprise. The ruling by U.S. District Judge Gary A. Feess could lead to a sharp increase in the city's financial liability from the police corruption scandal in which some members of the Rampart station's anti-gang unit allegedly robbed, beat, framed and shot suspects. Legal experts say the ruling is groundbreaking because no police department or major police official has ever been held liable under the federal Racketeer Influenced and Corrupt Organizations Act . . . Feess is [also] overseeing the consent decree between the city and the federal government that was formulated to avert a civil rights lawsuit planned by the U.S. Justice Department. More than 100 convictions were overturned. Read the entire article at ABC

The precedent has been set to go after racketeering police departments and their officials under the Racketeer Influenced and Corrupt Organizations Act, commonly referred to as the RICO Act or simply "RICO." Wikipedia reports that RICO is a United States federal law that provides for extended criminal penalties and a civil cause of action for acts performed as part of an ongoing criminal organization. The RICO Act focuses specifically on racketeering, and it allows the leaders of a syndicate to be tried for the crimes which they ordered others to do or assisted them, closing a perceived loophole that allowed someone who told a man to, for example, murder, to be exempt from the trial because he did not actually commit the crime personally.

RICO was enacted by section 901(a) of the Organized Crime Control Act of 1970 (Pub.L. 91–452, 84 Stat. 922, enacted October 15, 1970). RICO is codified as Chapter 96 of Title 18 of the United States Code, 18 U.S.C. § 1961–1968. While its original use in the 1970s was to prosecute the Mafia as well as others who were actively engaged in organized crime, its later application has been more widespread."
Read more about RICO at Wikipedia 

Many Americans complain about gangstalking activities, malicious prosecution, and other patterns of abuse by police departments. This writer and her family experience such racketeering to punish the Neals for requesting records and an investigation regarding the murder under secret arrest suffered by Larry Neal, a lifelong mentally ill heart patient, whose murder was covered up by The (Johnnie) Cochran Firm. The Cochran Firm worked for Memphis Shelby County Jail behind its clients backs when police secretly arrested the ward of the State of Tennessee who died in custody, and the law firm held the Neals' wrongful death and negligence lawsuits secretly inactive while the Tennessee statute of limitations ran. Because The Cochran Firm violated legal ethics for law enforcement, police apparently violate the law to keep The Cochran Firm fraud secret through intimidation and continual harassment. Filing criminal charges and lawsuits against police departments and other justice officials under RICO may bring relief and restitution to the Neals and many other people who can prove police harassment, censorship, and gangstalking (racketeering). See Wrongful Death of Larry Neal
Five(5) links are in this article, counting the email address below.

Congratulations to U.S. District Judge Gary A. Feess and the State of California. By extension, all Americans share in this legal victory!

Call or write with information about legal victories you wish to highlight or (678) 531.0262
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Monday, September 23, 2013

Truth for Legal Victor Johnnie Cochran

Revealing TRUTH for a legal victor! Do you know what is making its rounds at African Facebook groups? An interesting poster that is featured below, and I did not even start it (directly). I did add a comment several times: "Johnnie Cochran's CoIntelPro Murder Theory" .
Some may read it; others will wait for the movie.

Insider trading tip: The firm may not be worth much in a couple of months (or days, depending on how cooperative Facebook and other online media companies are with federal agents and how determined the censorship staff is). Most of its clients are people of color, and those who know are angry at the thought of Johnnie being mistreated (maybe murdered) and his legacy being misused to enrich racists at the expense of justice for the firm's clients. Of course, it may be different if I were the only one saying so, but there are numerous lawsuits against The [new] Cochran Firm alleging racism and fraud by former Cochran Firm attorneys and highly dissatisfied clients. Below is an NPR interview by Shawn Chapman Holley, who worked with Johnnie Cochran for 17 years, a this link:

Controversy at Cochran Law Firm
Shawn Chapman Holley — a former colleague of the late, famed lawyer Johnnie Cochran — is suing the law firm he made famous, claiming racial and gender discrimination, fraud and breach of contract. NPR's Tony Cox talks with Holley and her attorney, Dan Stormer, about the lawsuit, as well as Randy McMurray, managing partner of The Cochran law firm in Los Angeles.

McMurray, a former partner in the California office, spoke for The Cochran Firm on the Chapman-Holley interview at NPR. A few years later, McMurray also sued The Cochran Firm for fraud, racism and RICO Act Racketeering (he said a partner bought sex from the staff with corporate funds). Google "McMurray Mary Neal" to reach articles and a radio interview he did with Rev. Pinkney and me about his lawsuit on Blogtalkradio.

Congratulations, Johnnie. You are gone, but the truth is emerging. Finally. This writer published a blog to record lawsuits against The Cochran Firm filed by former clients and attorneys. Visit "Cochran Firm Fraud" 

(Four urls and two photos are in this article.)

Call or write with information about legal victories you wish to highlight or (678) 531.0262.
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I endure First Amendment violations to prevent disclosure about the 
Wrongful Death of Larry

Thursday, September 12, 2013

Massachusetts and Rep. Waters Support Sentencing Reform

LEGAL VICTORY regarding retroactive application of sentencing reform laws! When Mr. Galvin was charged for a drug offense in the State of Massachusetts, the mandatory minimum sentence for his offense was 5 years. However, the mandatory minimum was reduced to 3.5 years in 2012 by the State Legislature, and that was before Galvin's conviction. An amended statute is not usually retroactive and only applies to cases initiated after the amendment has passed. The court noted, however, that this rule does NOT apply where a lack of retroactivity would cause a result that is inconsistent with the intent of the law.

When the prosecution appealed Galvin's sentence, the Supreme Judicial Court of Massachusetts held that the trial judge was correct in sentencing defendant Galvin to the new mandatory minimum sentence associated with his drug offense (3.5 years) although Galvin was charged with the crime before the new minimum sentence went into effect. Therefore, the crime bill was applied retroactively to offenders who were charged but not sentenced before the new law.

The Galvin case was successfully argued by criminal defense attorney David S. Levinson. His website proclaims him to be a dedicated Massachusetts lawyer who is responsive to his clients' legal needs in life's tougher times. It goes on to say, "David S. Levinson, Attorney at Law, is dedicated to meeting the legal needs of individuals confronted with obstacles such as criminal and DWI charges and bankruptcy. He assists people seeking help in the following areas: Criminal law, Bankruptcy, DWI/OUI." Levinson proved his dedication by fighting for his client Galvin all the way to the State Supreme Court, where he prevailed. Phone David Levinson at 508-315-6838.

Rep. Maxine Waters (D-CA) has introduced a bill to eliminate all federal mandatory minimum sentences. She announced her new bill in the following statement:

"Today, I reintroduced a bill that would eliminate mandatory minimums from federal law. Mandatory minimum sentences have not reduced drug use and have contributed to exploding prison populations. The Major Drug Trafficking Prosecution Act of 2013 would re-focus federal resources to prosecute major drug kingpins and give courts and judges the authority to use greater discretion to make individualized determinations rather than being held to a stringent sentencing requirement prescribed by Congress."

Congratulations to Rep. Waters for taking this important step to decrease mass incarceration. Everybody is encouraged to write to their congressional representatives and ask them to co-sponsor and support the Major Drug Trafficking Prosecution Act of 2013. It will be a huge legal victory for the entire nation if this bill becomes law. In August, The New York Times reported that the annual cost for imprisoning a single inmate in New York City is $168,000. Many people who work in the justice system, law enforcement, and corrections agree that it is time to end the War on Drugs and return sentencing decisions to local criminal courts. On August 15, 2013, Huffington Post reported:

"The largest prison and corrections association threw its weight behind mandatory minimum sentencing reform this week, offering support for a plan to overhaul parts of the justice system at both the state and federal levels. At its annual conference in Maryland, members of the American Correctional Association adopted a resolution addressing the need to step back from a penal code that regularly forces federal and state judges to hand down harsh sentences for nonviolent crimes."

Contact your congressional representatives at the link below. If your representative refuses to support sentencing reform, assume he/she is a prison investor.

Attorney Daniel Cappetta is congratulated for publishing news about the Massachusetts crime law being applied retroactively in his blog at He is an experienced criminal defense attorney and invites interested persons to a free consultation. Cappetta Law Offices can be reached by phone at (508) 762-4540.

"Be sober-minded; be watchful. Your adversary the devil prowls around like a roaring lion, seeking someone to devour.
~ 1 Peter 5:8-9.

Please get off drugs. Only free people can free people.

Friday, August 16, 2013

U.S. Justice Department vs. Mass Incarceration


On August 12, U.S. Attorney General Eric Holder announced federal policy changes that will have profound effects on mass incarceration of low-level, nonviolent drug offenders when implemented. The Justice Department will eliminate federal minimum sentences on certain types of crimes and apply other remedies to combat America's high rate of imprisonment. See the speech at the embedded video below and online at . He said it is "time to apply bold steps to reform and strengthen America's criminal justice system in concrete and fundamental ways . . . It is past time to address the system's needs and unwanted disparities by considering a fundamentally new approach."

Attorney General Holder received resounding applause when he said, "Too many Americans go to too many prisons for far too long and for no truly good law enforcement reason." Indeed, the United States incarcerates 2.5 million people, making America the world leader in incarceration of its citizens. Many activists and civil and human rights organizations have long advocated for prison reform to reduce mass incarceration. Numerous states have already applied changes in prosecution regarding low-level drug offenders (marijuana) and applied more drug and mental health courts. ACLU published a guide to assist in interpretation of the Attorney General's speech. ACLU stated:

Many of the reforms that ACLU long championed made it into the Attorney General’s speech, including:
  • Developing guidelines to file fewer cases
  • Directing a group of U.S. Attorneys to examine sentencing disparities and develop recommendations to address them
  • Directing every U.S. Attorney to designate a Prevention and Reentry Coordinator
  • Directing every DOJ component to consider whether regulations have collateral consequences that impair reentry
  • Reducing mandatory minimum charging for low-level drug offenses
  • Expanding eligibility for compassionate release; and
  • Identifying and sharing best practices for diversion programs
  • Calling into question zero tolerance policies and other policies that lead to the school to prison pipeline
  • Challenging the legal community to make the promise of Gideon (right to counsel) more of a reality
The Attorney General has assured us that this is just the beginning, and he is taking on the bipartisan spirit that has produced state level reforms and has fueled the reduction in state prison populations. These changes are long overdue because the federal prison population continues to grow and is 40% overcapacity. What’s worse, as a soon to be released ACLU report will show, a stunning 2,074 federal inmates are serving sentences of life without the possibility of parole for nonviolent crimes.

Attorney General Holder acknowledged that people of color face harsher punishment than their peers and that this is unworthy of our great country. 

Continue to read ACLU's interpretation of Attorney General's speech at this link


Please send legal victories you won or exalt to Mary Neal at

Ruling Against Stop & Frisk Laws - American Apartheid

STOP & FRISK laws were ruled unconstitutional and racist in a class action lawsuit brought by plaintiffs against the City of New York. U.S. District Judge Shira Sheindlin acknowledged that the practice of stopping and searching people who are not suspected of any crime, targeting young black or brown males specifically, smacks of racism. New York is appealing. Key points about the judge's ruling and New York City's objections are outlined in the ABC video embedded below, online at the following link:

In her ruling, Judge Scheindlin acknowledged that the goal of deterring crime may be "laudable," but said, "Many police practices may be useful for fighting crime — preventive detention or coerced confessions, for example — but because they are unconstitutional they cannot be used, no matter how effective."

In a 198-page ruling, the judge said the "case is about whether the city has a policy or custom of violating the Constitution by making unlawful stops and conducting unlawful frisks. The city's highest officials have turned a blind eye to the evidence that officers are conducting stops in a racially discriminatory manner."

The judge's ruling was a major victory for many human rights advocates who fought a lengthy campaign against Stop & Frisk in New York.

Congratulations for this legal victory that protects 
constitutional rights and may end apartheid in America.

Please send legal victories you won or exalt to 

Thursday, August 15, 2013

Drexler Wins Homeless Couple $4.1 Million Award: Shot 15 times by LA Sheriff Deputies

HOMELESS PEOPLE in America were determined by a federal judge to have full protections of the Fourth Amendment of the Constitution against unreasonable searches. The excerpt below is from an article by Opposing Views reporter, Evan Bleier, dated August 15, 2013.
A Los Angeles homeless couple who was shot 15 times by Los Angeles County sheriff’s deputies while they were living in a shack was awarded $4.1 million by a federal judge.

Angel and Jennifer Lynn Mendez were in a shack in the backyard of a private Lancaster residence when two sheriff’s deputies, Christopher Conley and Jennifer Pederson Ballis, entered the dwelling. The deputies were looking for a parolee-at-large.

When the deputies entered the shack, they saw a BB gun that Angel kept to shoot rats and other pests. Conley yelled “Gun!” and the deputies started firing. Apparently they did not notice that Jennifer was five months pregnant.

Angel was shot 14 times and Jennifer was shot once. The parolee was not found on the property, The Los Angeles Times reported. The deputies did not have a warrant. 

“This is a landmark constitutional case,” said the couple’s attorney, David Drexler. “The case has far reaching implications for impoverished individuals to be protected from unlawful searches and use of excessive force by law enforcement.”

Congratulations to Angel and Jennifer Lynn Mendez and the law offices of David Drexler, 
a Super Lawyer with 20 years trial experience 

David Drexler's website gives the following information about the firm:

Los Angeles personal injury attorney David Drexler and his staff are committed to providing excellent and caring representation. With 40 years of legal practice in Los Angeles, the Law Offices of David Drexler has the experience and expertise you need.

We are genuinely concerned about your well-being. We work to nurture a personal relationship with each one of our clients and maintain a "client for life" philosophy that translates into close personal attention and strong bonds continuing long after cases are successfully resolved.

At the Law Offices of David Drexler, we are dedicated to high-quality legal representation, and we strive for a long-standing relationship with our clients and the community. It is a perfect mix for exceptional legal representation.Unlike many law firms, we do not shy away from jury trials. While the largest majority of our personal injury claims are settled out of court, our reputation for engaging in tough and successful litigation provides us with an important bargaining chip to receive full compensation for our valued clients through a settlement.

The staff will do everything necessary and promptly to keep you informed and knowledgeable about your particular legal problem. That means we are committed to accessibility and reliability:

  • We listen to you and care about your concerns.
  • We return phone calls promptly and answer your questions.
  • We work hard to get the best results.

Remember, you pay nothing if we do not win your case. You can contact Los Angeles personal injury attorney David Drexler by email at info@daviddrexlerlaw.comby calling 1-877-99-LA-LAW, (877) 995-2529.

The link for the full Opposing Views article quoted above is

Congratulations to the federal judge who ruled that indigent people have rights, too. A surprising number of judges would disagree.

Wednesday, August 7, 2013

ACLU Lawsuit re NSA Goes Forward

The American Civil Liberties Union (ACLU) filed a lawsuit against Obama Administration over National Security Agency (NSA) 'unconstitutional and un-American surveillance.'

Overruling objections by the Obama Administration, a federal judge allowed the lawsuit to go forward. See the article at the below link

Congratulations to the ACLU for standing up for Americans' civil liberties. The fact that the federal judge allowed the lawsuit to proceed is a huge legal victory for The People.

Are NSA capabilities are being used to suppress news about government crimes, such as the secret arrest and murder of mentally, physically disabled people in America? See an excerpt from "NSA CONCEALS LYNCHINGS?"

Point 14. Larry Neal's murder cover-up and The Cochran Firm fraud occurred during a period when the USDOJ was already receiving negative exposure for discriminating against U.S. attorneys who were Democrats and for torture in America's offshore "War on Terror" prisons (Guantanamo and Gitmo). Therefore, there was immediate and intense resistance to my efforts to expose my mentally, physically disabled brother's murder under secret arrest and the USDOJ's complicity in the cover-up.

President John F. Kennedy denounced government secrecy, intimidation, and censorship. What would President Kennedy think of NSA secretly spying on Americans and possibly conducting a cyberwar against truth and justice?

NSA intelligence gathering in America raises many concerns about Americans' rights that are protected by the U.S. Constitution. See "Top 10 Things that Don't Make Sense About #NSA Surveillance, Drones and al-Qaida," published by the Nation of Change. 

Visit the ACLU website, and please donate today. 
American Civil Liberties Union (ACLU)‎
Because freedom can't protect itself

Seven(7) urls and two(2) embedded videos are in this article. Please send legal victories you won or exhalt to Mary Neal at