Tuesday, February 3, 2009

Oh my. Derrick Gillenwater and the law students have really gone and done it. They filed an Interlocutory Appeal, 2009-J-58.

Apparently I'm on a need-to-know basis, but what I do now know, is that the email I received this morning from the law students is accurate, and Derrick Gillenwater has filed an Interlocutory Appeal against Jeffrey Denner and Kevin Barron, his erstwhile counselors now accused of legal malpractice. I say 'need to know basis' because it's kind of like they don't want me to be too close to the situation, as they haven't sent me the entire Motion yet -- nor did they send me a case number; I had to call the Court of Appeals for that myself just now.

The part they DID send me makes perfect sense given what I -- we all -- know about this case, which is that Jeffrey Denner, a Civil Rights lawyer no less, has successfully convinced several judges who took Oaths of Office -- to strip Derrick Gillenwater of all of his First Amendment Rights to blog about this case, and to file any and all Memoranda in the Trial Court. Again, the Court did this even though there's been no finding that Mr. Gillenwater ever filed anything frivolous. But then that is the legacy of Boston, going on back to the Charles/Carol Stuart murder when no black man was free from oppression. So then this is what I got by way of a cut-and-paste email:


1. May the Court please return my First Amendment Rights to blog about this case, and to talk about this case subject to the rules of Defamation regarding public figures.

2. May the Court please return my Fundamental Rights to file a Motion for Summary Judgment and a Motion to Compel relevant discovery about the Oscar Atehortua case.

3. May the Court appoint a visiting judge from another Federal Jurisdiction to monitor this case.

4. May the Court order an inquiry with the U.S. Justice Department regarding the Fundamental Civil Rights, Procedural and Substantive Due Process Rights that I have been denied in this case.


I have had my First Amendment Rights to free speech subject to Defamation taken away in an Unconstitutional Court Order. I have had my First Amendment and Substantive and Procedural Due Process Rights to file basic Motions taken away in an Unconstitutional Court Order.

We live in the United States of America, and I pray and hope to God that this Honorable Court will actually care enough about the preservation of these Rights to step forward and correct the wrongs that have been set against me.

Respectfully submitted,

Derrick Gillenwater

Why is Eric Holder pictured with President Obama? Because he's the new U.S. Attorney General, in an administration that campaigned on open government and fairness. And while I'm not into identity politics, I can only hope that the fact that he's black will help sensitize him to the valid concerns of Derrick Gillenwater, a black man without much money in a hard, cruel World defined and dominated by wealthy whites who have conspired to take away all of his basic human rights in this case. He took a stand on waterboarding, so hopefully he will take a stand on this once it reaches his desk. From what I have seen I can assure you it will reach his desk.

1 comment:

opencourts said...

I must say, I commend Mr. Gillenwater and his new friends for standing up and doing the Right Thing.

It would be one thing if the basic processes were being followed here and decisions were made that Mr. Gillenwater did not appreciate.

But given what the law is, there would not be any adverse decisions against Mr. Gillenwater, as he would be entitled to his discovery and a Trial on the Merits, so the court system, protecting one of their own -- simply violates the process in order to squash Mr. Gillenwater and his concerns.

One way to ensure victory for the protected class is to eliminate the Free Speech of the under class, nothing new there.

The problem is, this level of procedural deprivation amounts to substantive deprivation, and it's getting so ugly now that there has to be Federal intervention.

-Boston Bob