Judge Diane Moriarty ruled Jeffrey Denner & Kevin Barron "denied effective assistance of counsel" but they refuse to pay Derrick Gillenwater for jail!

I met Derrick Gillenwater last weekend as he discussed a rather peculiar case with some colleagues of his. Seems his lawyer, high-powered Jeffrey Denner, failed to represent him with any degree of competency even as the Boston PD fabricated evidence. Denner and Barron's performance was so bad that Judge Moriarty issued a scathing decision granting a Motion for a New Trial filed by an attorney Nixon. Denner and his crew later used Nixon's motion in their successful Motion to Supress, having snoozed on the whole process in the first place according to Judge Moriarty. It's like they were all just making money and trying to keep Mr. Gillenwater in the dark. The man was totally innocent.

Now this past week Attorney Denner got the court to make him shut down his website so he can't even show the public documents that I'm showing. They even threaten him with extortion. It's pathetic.

I took all of this information from the cached version of Mr. Gillenwater's "jeffreydenner.blogspot.com" blog that the court actually made him shut down in spite of all kinds of relevant law that Mr. Gillenwater has provided that says a court can't do that.

Below appears Mr. Gillenwater's first post. Keep in mind I got a copy of a decision from the Court about this emergency hearing where the Court told Mr. Gillenwater he could not file a Motion for Summary Judgment. The court held this even though courts have held that the burdens on ineffective assistance of counsel and malpractice are the same. I'll scan it later but I think Mr. Gillenwater needs to proceed with his motion and serve opposing counsel with that motion per Rule 9A.

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THERE IS AN EMERGENCY COURT HEARING TODAY OCTOBER 10 AT 2:00 BECAUSE DENNER WANTS ME TO TAKE DOWN THIS BLOG AND I THINK HE IS ACCUSING ME OF EXTORTION FOR SPEAKING MY MIND ABOUT DOCUMENTS IN THE PUBLIC RECORD AND EVENTS THAT I PERSONALLY WITNESSED. SUPERIOR COURT CASE 2005CV5469.

The Portsmouth Herald wrote that Shiela LaBarre has a "top gun" attorney in Jeffrey Denner. And Denner left no stone unturned in Defending Lexington teacher David Parker, who tried to say that the Commonwealth was supporting homosexuality. But wait until the truth about Jeffrey Denner and his incompetence comes out from State v. Gillenwater 0107-CR-1626(Dorchester) and Gillenwater v. Denner, CV2005-5469(Suffolk superior).

I'm going to make sure the everybody knows what really happened. His potential clients, his current clients, every judge and law student in Massachusetts. People on the street, people everywhere. Follow my case against Jeffrey Denner here on my blog. He threatened me with extortion charges but I'm not afraid of him. I have my First Amendment Rights as a citizen to speak the truth.

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COMMONWEALTH OF MASSACHUSETTS

SUFFOLK, SS.
SUPERIOR COURT
CASE NO. 2005-5469
DERRICK GILLENWATER,

Plaintiff,

v.

JEFFREY DENNER
KEVIN BARRON,

Defendants.

MOTION OF PLAINTIFF GILLENWATER FOR SUMMARY JUDGMENT

If it may please the court:I hereby fire my counsel in this case and I am prepared to argue it myself because everybody is afraid to go after Jeffrey Denner.

I. SUMMARY JUDGMENT
Summary Judgment means that it is obvious to a Judge that the Jury would only vote one way, in my favor, after looking at all of the relevant facts. Rule 56. Expert witnesses are not necessary to prove Summary Judgment but in my case expert witness Judge Diane Moriarty already ruled in granting me a New Trial that Defendants Denner and Barron

“Denied the Defendant his right to effective assistance of counsel,” and “Commonwealth’s argument that these failures by counsel are tactical choices is without merit,” and “Therefore Motion for New Trial due to ineffective assistance of counsel is allowed.”

Her Honor also stated:

“The Court finds that due to Attorney Barron’s inattention to the Motion to Suppress both by way of law and argument and not obtaining transcripts or even ordering transcripts of the hearing such inefficiency and behavior falls measurably below what is acceptable.”
Order granting New Trial, June 13, 2003. Attachment 1.

The Defendants didn’t even argue any of the controlling law on “Hot Pursuit” cases like DiSanto, 8 Mass App. Ct. 694 (1979) and they didn’t cross-examine on any of the evidence that Officer Jean put into the case when there was no way physically possible for the evidence to be there if the Boston Police Rules and Procedures #310 had been followed. The police framed me and my counsel sat by and let it happen.

There is no way that any Jury would find otherwise because after Attorney Nixon filed his Motion for New Trial, it was granted, and the Commonwealth would never try the case again. Attachment 1 and 2, the Nixon Motion for New Trial. Then later the Defendants who were incapable of making these arguments on my behalf (even though I kept telling them to do so) actually had to use the Nixon Motion in their Renewed Motion to Dismiss, filed March 24, 2004 and granted on December 21, 2004. By then I had already served five (5) months in jail when I should have been a free man.

II. FACTS AND LAW
Jeffrey Denner and Kevin Barron robbed me of $55,000.00 and five (5) months of my life. I was not involved in drug trafficking in any way but was wrongfully pursued by Boston police who forced entry into my family’s home and subsequently planted evidence in an evidence bag.
Jeffrey Denner is a very successful Boston Attorney, one of the most powerful lawyers in the Northeast. He does a great job sometimes, wining $250,000.00 for a 19 year-old student shot by a pepper bullet at a Red Sox game, or $28,000,000.00 for Angel Del Valle, who died because of the Big Dig tunnel corruption.

But when he and his firm make a mistake – repeated, obvious mistakes that sent me to jail until I got a New Trial, he needs admit his mistakes and he needs to call his insurance carrier to tell them to settle. It cost me $40,000.00 for Attorney Denner, and another $15,000.00 for Attorney Nixon to get me a New Trial. Denner wanted even more money than that but he and Attorney Barron never did any real work on my case.

• They didn’t order the transcript from the Suppression hearing for 7 months even though the Court warned them to do so. The testimony from the officer involved was a lie between the Suppression hearing and the Trial, when he admitted he forced the door open and that it was not opened by anyone inside.
• They didn’t cross examine the police on how the evidence allegedly from the residence could have got into the evidence envelopes 709628/9 because if Officer Jean was telling the truth it would have been impossible.
• They didn’t even cite any relevant case law on Hot Pursuit like DiSanto, 8 Mass App. Ct. 694 (1979) or the Forde case mentioned by Judge Moriarty.
• Someone told me that they must have taken a payoff from the police. I don’t know if that’s true but it is true that the effect was the same. I didn’t hire these high-priced lawyers to sell me down the river but they did, and now they don’t want to refund my money and pay me for the time I did in jail.

I was innocent of the charges per Glenn v. Aiken 409 Mass 699, 569 N.E.2d 783(Mass 1991). The cops planted that evidence in the evidence envelopes because it was impossible for it to be there by policy #310. Also, they couldn't even see what they said they saw me doing from the road. I know there is a picture in the file somewhere so it is obvious and that is why Judge Moriarty was so upset. Lawyers and law students told me they have never seen such a "scathing" decision from a judge.

III. CONCLUSION
Attorney Denner refused to give me any of my money back (other than part of my bail money) but he would hop in my Lexus and roll with me to meet my friends and find out about community development projects he could make money on. He would give me a thousand dollars here and there to keep my mouth shut. But I thought about it and I won’t keep my mouth shut any longer, and I want my money right now for each month I spent without my liberty as guaranteed by the U.S. and Massachusetts Constitutions) or I will file this Motion for Summary Judgment using the handwritten opinion of Judge Moriarty. I don’t need any expert opinions because I will subpoena Judge Moriarty and she is clearly is an expert and she wrote that Denner “Denied the Defendant his right to effective assistance of counsel.” And her ORDER is a document created in the ordinary course of her business as a government document and this Court should take Judicial Notice of it. I’ve been asking a lot of people about this case and getting a lot of opinions and they all pretty much say what I wrote in this Motion.

When I told Denner I was going to go to the media he threatened to get me sent to prison for extortion. This can’t be extortion because I just warned him I’m going to tell everyone what happened and how he treated me. I can’t get in trouble for that.

I printed a copy of the Court’s Decision and I will scan pdf files of many court documents and I’m going to open a web page JeffreyDenner.blogspot.com so Boston can see how Jeffrey Denner really operates. If you are a lawyer or a law student you know that Lawyers get a license to steal, but please don’t treat your clients this way.

The Jeffrey Denner way.

Respectfully submitted,

________________________
Derrick Gillenwater
************
Dorchester, MA 02121