Saturday, December 13, 2008

Has the Court violated Derrick Gillenwater's Fundamental Rights to Procedural and Substantive Due Process?

Think about this:

At some point Defendants Denner and Barron will hail Derrick Gillenwater in for a Deposition. Then they will likely use the transcript from said Deposition to move for Summary Judgment against Derrick Gillenwater.

Here's the rub:

The Court held that Derrick Gillenwater is not allowed to file his Motion to Compel regarding previous history of ineffective assistance of counsel or other bar or citizen complaints against Attorney Jeffrey Denner. Moreover, he is not allowed to file his Motion for Summary Judgment, which he had prepared weeks if not months ago when I met him.

So now two wealthy (hell, rich) and seasoned attorneys with all of the resources in the World at their beck and call have the playing field further tilted in their favor against a guy with scarce funds, no law degree and precious resources.

The way it appears, the Court might as well just issue a Decision granting Summary Judgment today, with the admonishment,

"Take that, boy.... maybe that'll learn you to challenge the power white establishment in Boston."


Anonymous said...

I wasn't aware until this post that Derrick Gillenwater was not white. Is he black? In the old days they used to just lynch uppity negroes like Mr. Gillenwater.

I don't know who you are but you're striking one hell of a nerve with your posts. I Googled Mr. Denner's name and this blog is on the front page so that means a lot of people are watching to see what happens.

Speaking of lynching, have you checked your life insurance policy lately?

For what it's worth I have to agree with most of what you've been writing. Keep it up and stay safe.

PS: Thank you for opening up your comments. Call me a coward but I don't want anybody to know who I am either. This isn't a hot potato. It's more like a hand grenade.

opencourts said...

Dear 5:45,

Thank you for following this blog. Please tell everyone you know, because more people need to see how crazy (and unfair) this case, and this entire situation really is.

The Weekly Dig emailed me last week and wrote that they are considering covering this case, but then they asked me for my name, which unfortunately is a no-no. I'm sticking my neck out enough to write this already, other people need to come forward and keep coverage like the Berkman Center's Media Law Project.

The things that are happening to Derrick Gillenwater I wouldn't wish on my worst enemy.

opencourts said...


Sorry, I did not answer your question directly, but yes Derrick Gillenwater is indeed a black man.

I did not consider this to be an essential fact because (In)Justice is blind, but it is an interesting fact regardless because now he's been made a statistic in this case, even though he was an innocent man.

Now he's another black man in the penal system, with a recent conviction, new trial notwithstanding.

opencourts said...


And the Civil Court seems not to care one bit. Perhaps that federal money that flows when convictions increase helps buy the Judges nice new Mercedes or something.