Boston Bob withdraws postings.

There will be no further posts involving a certain attorney. While I operate independently of Derrick Gillenwater, neither he nor I need any flack from anybody at this time. He is getting his life back together after a harrowing ordeal and that is all I will say.

Will Barack Obama have to sue Citibank for racial discrimination again, this time for Derrick Gillenwater?

I got a report back that Citi Bank refused to cash Derrick Gillenwater's settlement check for his legal malpractice case against prominent Boston Attorney Jeffrey Denner. As I understand it, he had tried last week, they told him his ID was expired and they would cash it when he got a replacement. He got a replacement but now two different branches gave him the runaround and THREATENED TO ARREST HIM!!!

This strikes me as a wrongful dishonor situation so I'll publish the names of those involved for public awareness.
UPDATE: Washington Street Branch manager is Carlo Caramanna and the District Manager is Tim Sullivan.
UPDATE: It is a wrongful dishonor per Your Style v. Mid Town Bank of Chicago, 150 Ill. App. 3d 421, 427-28, 501 N.E.2d 805 (1986) as noted in this Indiana government website and in this Bankers Online article, "Cashing Checks for non-customers."

Meanwhile a quick search on racial discrimination yields this interesting lawsuit against Citibank by none other than Barack H. Obama, alleging that the bank was disparately treating minorities in lending.

Apparently they never learn, so they'll have to be taught again.

Or did Jeffrey Denner issue a bogus check to buy time or get his ass off the hot seat because he knew that a certain Civil Rights organization is waiting in the wings to help Mr. Gillenwater? Only time will tell.

Heroin criminal defendant Kevin L. Barron, Esq. is for whom the bell tolls.

From my last post comments:

Anonymous said...
Buckshot

Barron looks like an undertaker in that chair.

Watch out for the snake.

Jill

March 19, 2009 12:01 PM

I don't know if he fancies himself a Kamikaze or Suicide Bomber - or just a liar who gets another continuance based on claims that he's involved in settlement but really is not -- but Kevin Barron is about to face some serious music.

Speaking of music, here's Derrick Gillenwater's MySpace:
http://myspace.com/buckshotdamack

And here's Norfolk District Attorneys William R. Keating and David Traub, who'll get a visit from me shortly so they can fully understand what kind of criminal defendant they're working with here, Norfolk Case no. 2008-350.

Boston Bob gives heroin-defendant and lawyer Kevin Barron the rest of the week to reconsider his Rule 3.3 Candor to the Tribunal issues.

Dear Walpole/Norfolk Prosecuting Attorneys and Board of Bar Overseers:

Defendant Barron is still clubbing a defenseless seal and former client named Derrick Gillenwater:

I am sending a copy of this post on March 17, 2009 to Defendant Kevin L. Barron and his attorney Michael Cunningham, as I noted that Kevin L. Barron, charged with heroin possession and distribution in Norfolk 2008-350 and the lone remaining Defendant in the valid legal malpractice case of Gillenwater v. Denner et al., Suffolk 05-5469, has in my opinion deliberately and intentionally lied to the Court in violation of Rule 3.3 Candor toward the Tribunal. How did he do that? by getting a continuance on Summary Judgement for settlement purposes, then refusing to make a settlement counter-offer.

FACT: On March 10, 2009 Barron, by and through Attorney Michael Cunningham wrote:

"1. The defendants respectfully assert that there is good cause to allow this motion to enlarge the tracking order deadlines. See Superior Court Standing Order No. 1-88(D)(1)(amendments to tracking orders will be granted for “good cause shown”). As set forth above, parties are engaged in ongoing attempts to resolve this case prior to the service of defendants’ motions for summary judgment. "

FACT: But it is now March 17 and no settlement offer. This is yet another in a long line of abuses suffered by Plaintiff Gillenwater as the Court has continually treated this young black man as legal pariah, all because he has the stones to sue his high-powered, wealthy white attorneys. In my opinion, it is not conduct becoming of a licensed attorney(s) and it needs to be reviewed in conjunction with his adjudicated "Ineffective Assistance of Counsel," by Judge Diane Moriarty as noted in my very first post.

Note that it was yet another "emergency motion" that was rewarded with an "emergency ORDER" but that the Court STILL HAS NOT MOVED on Plaintiff Gillenwater's goddamn "emergency motion" to have his basic First Amendment and Fundamental Rights restored to even file pleadings!

There are a set of attorneys reviewing this matter, and when they spring into action I wish them all of the luck in the World to get this thing straightened out as I prepare to pummel these guys with opt-in emails, demonstrations at CLE seminars, law school fliers and whatever else it takes to expose this legally and morally corrupt activity.

Remember, Derrick Gillenwater still does not even know the name of the insurance carrier, 6 months after asking, and the Court knows all about it and does not care, just as the Court has now failed to address the (admittedly vague) ORDER from the Court of Appeals to take further action on Plaintiff's request to file basic pleadings -- which was taken from him even though there has been no finding that he filed anything that was frivolous. Somehow I feel that there is at least one bag man involved in this.

Heroin.

Legal Malpractice and heroin-possession/smuggling charged Defendant Kevin Barron says: "When I get cocky, and I feel just like Jesus' Son... I think I can fight Derrick Gillenwater and win...." Dream on, Kevin. Dream on. Lou Reed understood it and you don't. The harder you play this hand the harder you're going to fall.

Lou Reed: Heroin.

Kevin Barron: Heroin.

Derrick Gillenwater: No Heroin.

Boston Bob: No Bullshit.

Well the scummy insurance company pulled the rug out from under Derrick Gillenwater on Settlement of Gillenwater v. Denner and Barron.

Well Derrick Gillenwater still doesn't know who the insurance carrier is -- which is totally illegal since he has probably asked about a dozen times, with the Court being fully aware of it. What he does know is that the insurance company can't seem to get him a check; he was promised on Friday, then some complications arose and he was promised "Monday."

It is now Monday, and the law students told me Mr. Gillenwater is just a bit upset over all of this. I completely understand his frustration.

What I don't understand is how Kevin Barron thinks he is going to fight this case, even though if anyone had an argument out of it it was Denner, because Denner was mostly vicariously liable; Barron is the one who did all of the "work." But I suppose if the Court continues to gag Mr. Gillenwater and stuff him in a broom closet Barron has a fighting chance. But something tells me Counselor Barron is in for a Big Surprise, one almost as big -- if not bigger -- than his ongoing heroin problems.

Maybe THAT's why he's not thinking clearly: If he's getting high on his own supply -- you know, provided that he "possessed" such a supply within the meaning of the Law -- that would certainly explain things.

It's still 1984: That's why Derrick Gillenwater cannot discover the name of Defendants Denner and Barron's insurance carrier.

Ever since October, 2008 Derrick Gillenwater has sought the identity of the insurance carrier(s) for legal malpractice Defendants Jeffrey Denner and Kevin Barron, and ever since October, 2008 the Defendants have successfully avoided providing this legally-required information. The Court has of course entirely silenced Mr. Gillenwater, so he can't blog about this case, and he can't even file any court documents -- even though there has never been any finding that he filed one single frivolous pleading.

The problem with not knowing the identity of the insurance company is that Mr. Gillenwater's rights have been violated (yet again) such that he can't proceed on a 93A Bad Faith claim for the insurance company not to pay on Defendant Barron's case. This issue was a point of inquiry in the Harvard Law School's Citizen Media Law Blog. Note that the Court identified the issue in its own ORDER while steadfastly ignoring Plaintiff Gillenwater's request. Now I hear that Mr. Gillenwater is supposed to settle his case with Attorney Denner on Monday, so the identity of the insurance company may finally be known because it may be on the check.

All of this made me wonder if it will be CNA Financial Corp., General Electric Co.'s Employers Reinsurance Corp., Hartford Financial Services Group Inc., American Financial Group Inc. or Arch Capital Group Inc, all of whom have been subpoenaed by former NY AG Eliot Spitzer for failing to diligently cover claims.

This case has shown us what is so very wrong about America's legal system in so many eye opening ways even I can't believe it, and I've been involved in law now for 3 solid decades. Derrick Gillenwater's music video hints at some of it, and as I understand it he is entitled to tell his life story, so long as he leaves out anything about this action. I'm sure by his conduct to this point (he refused to even discuss the amount of his upcoming settlement with Denner) that he will honor the terms of the agreement. Anyway, I look forward to hearing all about it -- especially the part about heroin-indicted Defense Lawyer Kevin L. Barron -- who apparently did not have his own insurance carrier. But again, how would we really know, since the Court doesn't care enough to order production of that information, ignoring Plaintiff's Motion to Compel and forbidding him to file any pleadings whatsoever.

At the Harvard Law Hip-Hop Conference, Derrick Gillenwater sits down to discuss his lawsuit against heroin-indicted lawyer Kevin L. Barron.

Harvard Law School goes Hip Hop...with Ryan Leslie!

Harvard Law School, by and through its Citizen Media Law Project, has been very helpful to Derrick Gillenwater and to your blog host Boston Bob in Mr. Gillenwater's quest for Justice when he sued high powered lawyers Jeffrey Denner (Big Dig settlement fame) and Kevin L. Barron (of heroin smuggling allegation fame, or infamy) for legal malpractice. The Defendants got all of his First Amendment Rights to blog about the case or to even file basic pleadings taken away before Defendant Denner reconsidered and took steps to settle this case today in fact so I commend him for that. As to Defendant Barron, well I encourage all of you to keep reading this blog because a certain very large and powerful Civil Rights organization is about to file some court documents. The story is all told here in these pages, and you can read the transcripts and listen to Derrick Gillenwater's music and watch his biographic video right here at this post.

Boycott Boston lawyer Kevin L. Barron, support Boston Hip-Hop and R&B singer Derrick Gillenwater: http://myspace.com/buckshotdamack

Boycott prejudiced Judge Linda Giles.

What were the bogus and eventually-dismissed charges on Mr. Gillenwater, you ask? Heroin distribution, ironically.

If he's convicted for heroin trafficking, will the Court give Kevin Barron designer leg irons to defend Derrick Gillenwater's legal malpractice case?

That's an interesting question because these plain-Jane models and dungarees ain't gonna' make it. The Jury will most assuredly not be impressed with that shit. Maybe he could commission Fendi to make him a matching ensemble or something.

Hell, actually one would think that Attorney Barron would want this case off of his plate now because if he gambles and looses in his April 2, 2009 hearing for heroin possession and distribution, Derrick Gillenwater will really have his way with him. How funny (funny ironic not funny ha-ha) that heroin distribution is the bogus charge slapped on Mr. Gillenwater when the cops planted the evidence in the police station baggies. But Barron failed to effectively argue that case so Mr. Gillenwater did hard time until he hired competent counsel and got a new trial, at which point the state whimpered away.

Opt-in emails are often an effective way to reach one's target audience.

They most certainly are. We will be discussing Derrick Gillenwater v. Jeffrey Denner and Kevin Barron, Suffolk 05-5469, and what the Defendants are doing to Plaintiff Gillenwater. Imagine, if I grow tired of this I can reach 30,000 lawyers in one key stroke. They will be interested to read about this sort of thing. Then I can pass fliers all around Greater Boston, whatever it takes.

Will Boston lawyer Kevin L. Barron do time for smuggling heroin like this idiot boy in Syracuse, NY?

We all know about Kevin Barron's problems of Ineffective Assistance of Counsel as ORDERED (and not appealed) from Judge Diane Moriarty. And thanks to me, we all know about his upcoming hearing on April 2, 2009 on his heroin possession and trafficking/distribution charges, Norfolk 2008-350. But what will happen? Well it's anybody's guess, really.

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.
**********
I say Kevin Barron is also pretty stupid for letting Derrick Gillenwater's case get so out of hand, but then again maybe he just overlooked it, seeing as he's got other issues on his plate, like whether the Court will give him designer leg chains to match his suit when he defends this legal malpractice case at trial.

Enough already. It's time Jeffrey Denner and Kevin Barron had better start saying their prayers, and stop acting like bad white people.

I'm going to say this one last time fellas: Quit fucking around with Derrick Gillenwater. The shit you got away with on this kid thus far is absolutely insane and you fucking know it. You could have had this off of your plates a long time ago but you stalled because you thought you could get over on that little nigger boy.

You can't whip him like that, and now there are reinforcements coming that you don't own. Further, if you are now moving away from any of the settlement terms that Mr. Gillenwater worked with Defendant Denner (I have a copy of his stipulations) both of you will face the darkest days of your legal careers when I finish with you. And it's all going to be done with public information and there's not a goddamned thing you can do about it. As a white person, I can safely say you are giving the rest of us a bad name. Shit, Barron will be lucky to walk away from his April 2, 2009 hearing and case for heroin possession and distribution without an ankle bracelet or worse, not to mention his law license.

You guys have been warned.

-Boston Bob.

Deal or no Deal, and who is Defendant Jeffrey Denner and/or Defendant Kevin Barron's insurance carrier?

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.

In addition to screwing Derrick Gillenwater, did Kevin Barron smuggle drugs into the Walpole Prison? Norfolk Case No. 2008-350.

Note: Status Conference set for April 2, 2009.
There's Attorney Barron now, and as an infant, in the doctor's hands. In this post I asked what his problem is in taking care of the ineffective assistance of counsel he afforded to Derrick Gillenwater. But now I wonder how this case ever turned up for Attorney Barron.

By Martin Finucane, Globe Staff

A 46-year-old lawyer is facing several drug charges after he was allegedly found with packets of heroin as he was about to visit clients in the state prison in Walpole.

Kevin L. Barron was being searched by corrections officers at about 5 p.m. yesterday before entering MCI-Cedar Junction when the officers found "small packets of a powdery substance" that turned out to be heroin, said Norfolk district attorney's spokesman David Traub.

Barron pleaded not guilty today at his arraignment in Wrentham District Court to charges of delivering drugs to a prisoner, possession of a Class A substance, and possession with intent to distribute a Class A substance.....

......Judge Warren Powers also ordered Barron to stay away from the state prisons. But Weinstein said he would seek to have that order modified "because he's a good lawyer and how else can he effectively represent his clients if he can't meet with them?"
*************
.....Survey says, he can't effectively represent his clients in the first damn place, at least not Derrick Gillenwater, and that's a FACT.

Boston Criminal Lawyer Blog story.

Perhaps Mr. Gillenwater should request leave of court to inquire about the status of that case and any other alleged or proved crimes of moral turpitude, deceit or dishonesty. Or perhaps Attorney Barron and his insurance carrier should just Man Up and pay the fare for ineffective assistance of counsel, instead of getting these morally bankrupt judges to come hither.

Suffolk County Court of Appeals continues to dog Derrick Gillenwater; nobody cares about his First Amendment or Fundamental Rights.

Case No. 2009-J-058. . So what all of this basically says is:

We don't care that the Single Justice didn't address your First Amendment Rights. You are stuck with it unless you appeal to the Supreme Judicial Court. See G. L. c. 231, § 114.

But that's not necessarily an accurate assessment of the law goddammit:

The defendant in Duong presented the issue of a stay pending appeal to three separate judges before he got the full bench of the Supreme Judicial Court to consider the issue. He could have taken up more judicial resources if he had wanted to take the time, since the ordinary course of review of a decision by a single justice of the Appeals Court is to a full panel of that court, with the opportunity to seek further review in the Supreme Judicial Court.

Entry Date Paper Entry Text

02/02/2009 #1 MOTION to waive entry fee, filed by Derrick Gillenwater.

02/02/2009 RE#1: The motion is allowed and the petition is entered this date.

02/02/2009 #2 PETITION purs to GLc 231, s. 118 w/attach, filed by Derrick Gillenwater.

02/04/2009 RE#2 The requested relief is denied, except that the matter is remanded to the trial court for further action on plaintiff's motion for permission to file motion for summary judgment and to compel, consistent with the trial court's order of 10/23/08. (Duffly, J.) *Notice/Attest/Giles, J..

02/13/2009 #3 Motion to full appellate panel of plaintiff Gillenwater to have the court restore his first amendment rights and to grant him permission to file his motion to compel and his motion for summary judgment filed by Derrick Gillenwater.

02/13/2009 #4 In forma pauperis motion on interlocutory appeal of plaintiff Gillenwater to have the court restore his first amendment rights and to grant him permission to file his motion to compel and his motion for summary judgment filed by Derrick Gillenwater.

03/05/2009 RE#4: No action necessary. *Notice.

03/05/2009 #5 ORDER: "...(Paper #3)...treated as a notice of appeal from...order of Duffly, J...the notice of appeal...is struck, there being no right of appeal from the order of...February 4, 2009..." (Kantrowitz, J.) *Notice/Image.

Boycott Kevin L. Barron, but at least partial settlement may loom large in Gillenwater v. Denner, 05-5469.

Kevin Barron is a rapacious shark who will take a bite out of the ass of the client who already fed him before falling victim to his ineffective assistance of counsel, as held by Judge Diane Moriarty. It's a Good Thing that the law students tell me that Derrick Gillenwater may in fact be close to settlement in his legal malpractice case with Attorney Barron's co-Defendant, prominent Boston Attorney Jeffrey Denner. If so, I applaud that development and wonder what Kevin Barron's excuse is -- because he's really much more culpable in all of this than Denner. Barron was the lead attorney-in-fact, not Denner. In my opinion, it is his fault that Derrick Gillenwater went to prison without Just Cause.

In fact, Denner was only liable by dint of vicarious liability; I'm not certain that he ever filed anything. It is my further understanding -- and this would be triple quadruple super-secret swear on your grandmother's grave hearsay -- that Denner had a bunch of red tape to get through in order to resolve this case, and that careful reflection on the ultimate denial of Plaintiff Gillenwater's Civil Rights led him to whatever agreement he has reached, or may be reaching, with his former client.

As to Attorney Barron, I hope Mr. Gillenwater takes him to trial and gives him the most embarrassing moment of his adult and professional life. Boycott Kevin L. Barron.

Support Derrick Gillenwater: myspace.com/buckshotdamack

Missing in Action, and presumed dead..... or prejudiced: Judge Linda Giles in Derrick Gillenwater v. Jeffrey Denner, 05-5469.

There's Plaintiff Gillenwater at sidebar facing Judge Giles and opposing counsel. Not a pretty sight, is it?


Okay, so first she acknowledges that Plaintiff Gillenwater, a black man without much money (having wasted all of it on Jeffrey Denner) is not allowed to file any memoranda whatsoever in his valid legal malpractice action against wealthy and very white high-powered Boston Attorney Jeffrey Denner.

She then for some reason wants to know why Plaintiff Gillenwater might actually want a copy of the transcript from her court acknowledging this patent First Amendment and Fundamental Civil Rights violation. "Why do you need that," she asks. Twice, as if she needed to make herself look even more stupid, hateful and bigoted. To file a Motion for you to recuse your crooked, bigoted self, my dear.

But not to rest on her bigoted laurels, she then continues to ignore -- for an entire month now -- this Order from the Single Justice that there was to be further action on Plaintiff's Emergency and other Motions to restore his right to file a Motion for Summary Judgement and Motion to Compel regarding the Jeffrey Denner/Richard D. Abbott Oscar Atehortua (and presumably other) fiascos. See BD 2001-045.

Read all of the relevant transcript pages from bigoted Judge Linda Giles' courtroom right here with James S. Dilday, and listen to Derrick Gillenwater's music and watch his activist video about all of this right here.

Is this the first time that Jeffrey Denner screwed Derrick Gillenwater?

I am learning more from the law students, but it appears that Mr. Gillenwater was forced to report to a PO for an ancient case, under a Federal order --- when the law said he did not have to do so. Apparently his lawyer Jeffrey Denner let it all happen, and Mr. Gillenwater had to go to the law library himself to prove to the Judge that he was right, then they let him go. After he served time and had his Civil Rights violated, of course.

Jeffrey Denner, hard at work.

Can Derrick Gillenwater's daughter go through the same Federal Courthouse doors as Jeffrey Denner to get a public service award & Rights for Derrick?

Well, I have it on Good Faith through the Gillenwater Grapevine that on Tuesday, March 3 2009 Derrick Gillenwater's daughter will walk through the doors of the Joseph Moakley U.S. Courthouse and receive an award for her years of public service. It is the annual meeting for The Medical Foundation, with an awards ceremony to exactly two young women and a keynote speech to be delivered by Dr. David L. Katz (Yale School of Public Health) who will discuss prevention -- putting health back into health care reform. Perhaps while Ms. Gillenwater is there she can inquire if her father will ever receive any respect from any courthouse. We know he won't get any from that proud peacock Jeffrey Denner, seen strutting through the foyer a few years ago before he got each and every First Amendment and Fundamental Right taken away from her father in his valid legal malpractice claim against Denner and Kevin Barron. Read the Decisions that Harvard Law School and I contend are Unconstitutional right here.

Of course, as noted in the last post about the Touch FM 106.1 3,100 mile Walk for Power, Derrick Gillenwater is hardly the first intelligent black man in Boston to get his First Amendment or related liberties stripped away. Ask Councilman Chuck Turner and Lovell Dyett for starters. Could be time for some more fliers.