Well my congratulations may have been a bit premature. The law students tell me that Derrick Gillenwater is furious that he was promised a sum certain, and that he agreed to it orally with a set of stipulations he drafted and emailed to them, which makes a contract.Now from what I hear they say they aren't certain when it will happen, and that now the insurance carrier wants the negotiated sum against Denner to be applicable to both Defendants.
Derrick Gillenwater should tell them to kiss his ass, along with the magic legal words, "I agreed to a Settlement.... not to an illusory promise."
Meanwhile, who is the insurance carrier? I'm about to ream them a good one, and Mr. Gillenwater has been lawfully seeking that information to which he is entitled, for months now, a record of that being so noted in Court.
And speaking of Court, let's see what happens on April 2, 2009 with respect to Defendant Kevin Barron's criminal charges for heroin possession and/or trafficking. What a coincidence, the very same crime that Derrick Gillenwater was chaged with and innocent of, is the very same crime that his lawyer is accused of, and he apparently really had the goods on him, as opposed to having the goods planted in the evidence room, which is what happened to Derrick Gillenwater. Good thing Barron is not representing himself, that might lead to another claim of ineffective assistance of counsel, like the (unappealed) ORDER handed down from Judge Diane Moriarty. The order is tiled in this post that includes Mr. Gillenwater's first Motion for Summary Judgment -- that the Court told him he is NOT ALLOWED TO FILE for some reason. It's really an unbelievable case. I just wonder how many other Derrick Gillenwaters are out there languishing without legal help, or the help of anonymous bloggers. Right here in America.
I emailed Kevin Barron's attorney and told him point blank: Some battles are not worth fighting, Sir.
4 comments:
To read Mr. Gillenwater's Motion for Summary Judgment one can see that there is plenty of inflammatory commentary in it.
But there are also a lot of substantive legal issues set forth that the Court and Defendants apparently do not want to deal with, so he got shut down.
Right here in America.
-Boston Bob
Lawyer charged with smuggling heroin
Dedham, Mass. | October 05, 2007 12:01:13 AM IST
A Boston lawyer has been charged with trying to smuggle heroin into a state prison.
Guards at the Walpole prison said that they found small packets of a powdery substance during a search of Kevin Barron, The Boston Globe reported. Barron was on a visit to clients.
At Barron's arraignment Wednesday, he was charged with delivering drugs to a prisoner, possession of heroin and possession with intent to distribute.
Barron's lawyer argued that his client did not know he had drugs in his possession.
Kevin is innocent, Elliott Weinstein said. He's a good man. Someone took advantage of Kevin's standing as an attorney. Kevin did not knowingly commit any crime.
Barron was released on his own recognizance. Judge Warren Powers ordered him to stay away from prisons.
But Weinstein said he plans to ask for a change to allow Barron to visit clients.
David Traub, a spokesman for the Norfolk County District Attorney, said that this is the first case he's seen of a lawyer being charged with trying to smuggle contraband into a prison.
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When I was a kid in the late 60's I stole some ceramic insulators from a construction site because I thought they looked cool. Neat-o for you 50+ folks.
When my parents found them I told them I didn't know how they got in my bookbag.
"I slipped and fell and somebody must have put them in my bookbag when I dropped it," I said.
That earned me a good old-fashioned ass whipping.
Here is what happened in Syracuse NY on a similar case last week.
Syracuse, NY -- A Syracuse man who smuggled drugs into jail, resulting in his brother's nearly fatal overdose, was sentenced today to serve two to four years in state prison.
County Judge Anthony Aloi said Marc Chetney, 32, of Bellevue Avenue, was lucky he wasn't facing a homicide charge. The judge also said Chetney had not learned anything from a prior prison sentence on a drug charge and was likely to be right back in trouble in the future.
Chetney pleaded guilty last month to first-degree promoting prison contraband, admitting he smuggled heroin to his 30-year old brother, Sean, in the Justice Center jail during a visit Nov. 24. The younger Chetney ended up hospitalized in critical condition after being found unconscious in his cell the following morning.
"You and he are probably equally stupid," Aloi said.
Nol prossed AFTER I sat through voir dire and ready for trial I might add.
Also not found guilty of practicing law without a license, that was a preliminary finding BEFORE Judge Groff denied Summary Judgement and Kelly Ayotte dismissed that case you lying pig.
Ayotte violated the rules of Civil Procedure with your tax dollars, to boot.
-The KingCaster, Boston Bob, etc. etc. whatever you don't want me to be, I'll be it, Bill.
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