Tuesday, January 11, 2011

Middlesex Probate Judge Spencer Kagan has his way with Jay Korff after Kagan also had his way for eMusic CEO Adam Klein to his daughter's detriment.

Prequel: The Boston Herald reported on similar conduct toward Judge Spencer Kagan in 2007. Funny they didn't check their own archives to supplem

ent this story, but they are a bad rag anyway and that's why I helped get Jessica Van Sack, Boston Herald and WDHD TV sued for Defamation, relative to Joanna Marinova, Darrell Jones and State Rep. Gloria Fox. Seriously. Watch the movies.


That's Judge Kagan on vacation somewhere. More beach pictures in the video. What's fascinating is the lack of background in the major press story seen here at the Boston Herald, so I provided a little background relative thereto, including how Hizzoner was reversed on appeal after he re-wrote the Korff pre-nup from the bench. He had to recuse in a couple of cases because of his relationship with Lee, Levine & Bowser who helped him on his ascension to the bench while he fought off a pending malpractice case.


Read it all right here in the "A Pimp named Slickback, Shadooby, Shattered...." journal entry. And if you watch the

video you'll see some young judicial interns and beer, boobies and ass crack I promise.


What you will also see in this journal is the twisted his
tory of Columbia faculty felon and eMusic CEO Adam Klein, who hates paying child support and who has spoken with his
daughter twice in 18 years I believe.



I raise these issues in the context of the

quest for Journalistic Integrity that binds all of us together as professional journalists.

Note: This open letter in wepapers format.

This is the type of new-era hard-hitting digital journalism that Pulitzer Prize-winning former NABJ President Bryan Monroe can be proud of. This is Bryan Monroe's website, regard this brilliant November 2009 HuffPost feature "Why the new media looks a whole lot like the old media" to see why we are working on the Same Team:

For the underlying DNA of journalism --accuracy, inclusion, clarity, storytelling, fairness and truth -- to live on it must now find a new host. To succeed, we must make sure diverse voices -- all voices -- are represented in digital and on the Web.

For media entrepreneurs of color, access to capital and technology still remain big obstacles. In a good year, getting banks, angel investors and venture capitalists interested in any idea is difficult enough. But when they all run in circles that are often exclusive of people like me, gaining access to that access becomes nearly impossible.

Monday, January 10, 2011

First Amendment Center's Freedom Forum stops by to read about Columbia Univsersity faculty felon and eMusic CEO Adam Klein

Here's what they were reading. As promised, I paid a visit to the Boston ACLU office today regarding some concerns I have about potential gag orders and Unconstitutional Prior Restraint against the press relative to Adam Klein's criminal history and extended attempts to short-change his daughter on child support. My shortest post in a while, nice.


Oh but wait: I forgot to mention that everyone at the ACLU was very pleased with KingCast coverage on the Jason Vassell racist prosecution case and my photo of him on the 2011 Massachusetts ACLU calendar.

Saturday, January 8, 2011

Open Letter to Columbia J-School #2: Amicus Brief requested in Khan v. faculty felon and eMusic CEO Adam Klein



Dear Provost Steele, here is Open Letter #1.
Here is this letter at wepapers.

May I remind you all right now that gag orders in civil cases are presumptively invalid, and there must be a compelling governmental interest, with a plan narrowly-tailored to meet such interest that is not overbroad. Anyone and everyone has standing to pursue an overbroad statute. See also Capital Cities Media, Inc. v. Toole 463 U.S. 1303, 103 S.Ct. 3524 U.S.,1983. “It is clear that even a short-lived “gag” order in a case of widespread concern to the community constitutes a substantial prior restraint and causes irreparable injury to First Amendment interests as long as it remains in effect.” As for the State's concern for the jurors' privacy, we have not permitted restrictions on the publication of information that would have been available to any member of the public who attended an open proceeding in a criminal trial, Oklahoma Publishing Co. v. District Court, 430 U. S. 308,430 U. S. 311-312 (1977) (per curiam); Nebraska Press Assn. v. Stuart, 427 U. S. 539,427 U. S. 568 (1976), even for the obviously sympathetic purpose of protecting the privacy of rape victims, Globe Newspaper, supra, at 457 U. S. 607-609; Cox Broadcasting Corp. v. Cohn, 420 U. S. 469, 420 U. S. 491-495 (1975). See also Smith v. Daily Mail Publishing Co., supra, at 443 U. S. 104:

"If the information is lawfully obtained . . . the state may not punish its publication except when necessary to further an interest more substantial than is present here -- i.e., protecting the privacy of an 11-year-old boy charged with a juvenile offense. In an extraordinary case, such a restriction might be justified, but the justifications must be adduced on a case-by-case basis, with all interested parties given the opportunity to participate, and less restrictive alternatives must be adopted if feasible. Globe Newspaper, supra, at 457 U. S. 608-609, and n. 25; Richmond Newspapers, Inc. v. Virginia, supra, at 448 U. S. 580-581 (opinion of BURGER, C.J.); Landmark Communications, Inc. v. Virginia, 435 U. S. 829, 435 U. S. 842-843 (1978). The order was entered without a hearing, and without findings of fact that would justify it; respondent has suggested no concern specific to this case in support of his order. Accordingly, I grant applicants' request for a stay of the provision.

**********
And if the Court is going to issue any sort of gag order that applies to me in this case I am entitled to a hearing, substantive and procedural First Amendment Free Press concerns compel such a result. And if such an Order issues, it will be met with a visit to the ACLU as noted by Yours Truly. I will be filing an SJC Rule 1.19 Notice and checking the docket shortly. I have seen Massachusetts Courts issue gag orders before that Harvard's Citizen Media Blog held unconstitutional, Orders that the ACLU and Proskauer, Rose pursued all the way to the full SJC panel before Denner and his erstwhile partner Kevin Barron settled a malpractice case.


I don't plan on staying in State Court here, I plan on going straight to Federal Court because I will not stand for this sort of nonsense. There are no issues of National Security going on here and the child involved is 18 years of age. I can probably obtain a waiver from her anyway because as Attorney Jeffrey Denner noted, Adam Klein has been at best a sperm donor anyway. As far as I know, the only thing this Court may prevent me from publishing are the details of compensation for Columbia faculty felon and eMusic CEO Adam Klein. And Klein -- much as I'm certain he hates my publication and characterization of his criminal activities -- has no Cause of Action against me and if he raises one it will only heighten awareness of the issue in general.


Be that as it may, until I find law to the contrary I will assume that I am not entitled to that information and may not publish it, which is a crazy quirk of Massachusetts law as many States never impound such information. But if that is the law here in Massachusetts, then that is the Law and I will follow it because that's what I do. Follow the Law, unlike Adam Klein, ahem.


Courts have always had secret files for the prominent, and to some extent these protections have been eroded, even in paternity actions, which this case... is not. See generally Hartford Courant and Connecticut Law Tribune cases at the First Amendment Center. Note further that paternity is not even contested herein. Therefore, I would ask that the Court fully address the matter of impoundment de novo, because there is no undue embarrassment or harassment to befall Adam Klein if I publish his financial statements.


The embarrassment he has occasioned comes from the fact that he is a criminal, not from the fact that he managed to eek out a substantial corporate career notwithstanding. See George W. Prescott Pub. Co. v. Register of Probate, 395 Mass. 274 (1985)(will upload later) followed by Peckham v. Boston Herald, 48 Mass. App. Ct. 282 (1999)........

KingCast Open Letter to Columbia J-School #2: Free Press Amicus Brief requested in Khan v. faculty felon and eMusic CEO Adam Klein.



Dear Provost Steele, here is Open Letter #1.
May I remind you all right now that gag orders in civil cases are presumptively invalid. And if the Court is going to issue any sort of gag order in this case it will be met with a visit to the ACLU as noted by Yours Truly. I will be filing an SJC Rule 1.19 Notice and checking the docket shortly.  I have seen Massachusetts Courts issue gag orders before that Harvard's Citizen Media Blog held unconstitutional, Orders that the ACLU and Proskauer, Rose pursued all the way to the full SJC panel before Denner and his erstwhile partner Kevin Barron settled a malpractice case.


I don't plan on staying in State Court here, I plan on going straight to Federal Court because I will not stand for this sort of nonsense. There are no issues of National Security going on here and the child involved is almost 18 years of age. I can probably obtain a waiver from her anyway because as Attorney Jeffrey Denner noted, Adam Klein has been at best a sperm donor anyway. As far as I know, the only thing this Court may prevent me from publishing are the details of compensation for Columbia faculty felon and eMusic CEO Adam Klein. And Klein -- much as I'm certain he hates my publication and characterization of his criminal activities -- has no Cause of Action against me and if he raises one it will only heighten awareness of the issue in general. 


Be that as it may, until I find law to the contrary I will assume that I am not entitled to that information and may not publish it, which is a crazy quirk of Massachusetts law as many States never impound such information. But if that is the law here in Massachusetts, then that is the Law and I will follow it because that's what I do. Follow the Law, unlike Adam Klein, ahem. 


However, I would ask that the Court fully address the matter of impoundment de novo, because there is no undue embarrassment or harassment to befall Adam Klein if I publish his financial statements. The embarrassment he has occasioned comes from the fact that he is a criminal, not from the fact that he managed to eek out a substantial corporate career notwithstanding. See George W. Prescott Pub. Co. v. Register of Probate, 395 Mass. 274 (1985)(will upload later) followed by Peckham v. Boston Herald, 48 Mass. App. Ct. 282 (1999)........

Friday, January 7, 2011

KingCast, Jeffrey Denner, Uncle Ruckus and a Pimp Named Slickback say eMusic CEO and Columbia Faculty Felon Adam Klein's facade is shattered.... with




Don't you know the crime rate's going up up up up up... to live in this town, you must be tough tough tough tough tough..... especially at 15 Central Park West in $11M digs..... You gotta' shirk a lot of child support to afford that kinda' thing. Jeffrey Denner says Adam Klein was disrespectful to his daughter and a "biological father at best," I called him a sperm slinger, whatever. Jeffrey Denner said that Spencer Kagan had a malpractice case against him that Lee, Levine & Bowser hooked him up on so he could take the bench, I said the same damn thing.

Whatever, the World and Adam Klein's daughter all await production of a true and accurate income statement, they are entitled to it by law and many courts have ruled that other items such as stock options, and presumably bonuses may be attached for alimony and/or child support, see Wooters v. Wooters, Judge Gibson presiding. See also Braun v. Braun, 68 Mass. App. Ct. 84 (2007). I also question whether Monsieur should be paying the mother's attorney fees during all of this heavily-protracted litigation.

Uncle Ruckus says: "I ain't never met no nigga smart enough to use a damn personal computer.... not even a Macintosh!"

KingCast says: "I'm gonna go on ahead anyway.... and dare anybody to take me to Court for posting documents held in the public record."


Or for this Open Letter to the Provost about Columbia Faculty Felon Adam Klein. Even casual observers of this journal know I think Mick Jagger and the Rolling Stones are about the best thing since sliced bread, well right now Adam Klein is finding out about playing games of risk, he rolled the dice against his daughter and came up craps, call it Tumbling Dice. Shadooby.... Shattered, Shattered, huh.... don't you know the crime rate's going up up up up up up..... and contrary to the story at left, not all of those charges were dropped...... so when you want the Truth, you just gotta' come to KingCast.









Wednesday, January 5, 2011

KingCast open letter to Columbia University on Professor, International felon and eMusic CEO Adam Klein sparks J-School ethics battle.


Dear Provost Steele:

Well I’ll be a monkey’s uncle. First You have to deal with David Epstein's incestuous relationship with his daughter, now this:

This is potentially a case of first impression because I can’t find any other case where an adjunct, associate or full professor withheld resume information about being a Convicted white-collar Felon. What Adam Klein did to Boumat, Ltd. is similar in timbre to what George Castro allegedly did to you, and if you didn't take it from Castro then you can't take it in Klein's background either, $320K vs. $5M same sleazeball intent.

Note: I doubt Jeffrey Denner or Linda Ouellette ever petitioned the Court for Klein to pay their attorney fees, a basic move in this sort of case. It serves as disincentive for the Defendant to engage in dilatory and dishonest tactics. I never did much Domestic practice because it's just a horrible thing all around, I did two amicable divorces and felt like I needed to puke weeks after each. But even I was surprised to learn that Denner and his posse never busted a grape on that. That right there is tantamount to legal malpractice in my books, and I sure do know about that, having forced Denner and Kevin Barron to pay out to Derrick Gillenwater in 2009 after they provided ineffective assistance of counsel.
************
Not only is Columbia University’s Adam Klein a convicted felon, but if the mother of his first child had been given the opportunity to argue her case, he may well have been returned to South Africa for imprisonment because he arguably committed Perjury during a series of lawsuits in Massachusetts. One such lawsuit was filed by Frank Kinzie of Quantum Associates, and it pertained to $90K of the attempted $320K heist that Klein attempted. If you would like me to pull the file I can do that for you and send you the pertinent documents excepting the confidential Settlement Agreement.

At the time he potentially committed Perjury in a Deposition with Mr. Kinzie, Adam Klein was subject to a Good Behavior Order as seen below, kind of like another one of my investigative subjects Gregory Floyd was under before he violated it…. And went to prison, where he sits today subject to a lawsuit NH Dist 2010-CV-181 that came about largely because of my efforts.
But I digress.

I raise these issues in the context of the quest for Journalistic Integrity that binds all of us together as professional journalists.
Note: Adam Klein’s South African Rap Sheet.
Note: Adam Klein is a lowlife journal entry.
Note: South African Prokureur-Generaal Statement to Boumat, Ltd.
Note: This open letter in wepapers format.
By now even the casual observer of this journal knows that I edited the Cincinnati Edition of
Ohio’s Call & Post, the only statewide black-owned newspaper before I reported with the Indianapolis Star. You should be familiar with these publications, as we both hail from the Buckeye State.

After law school I came to watch my first cousin blossom into the most recognizable black (or any other) sports journalist in the World. This is why I notified his alma mater of this issue. And his cousin was in turn one of the most recognizable black (or any other) anchors in the World. In point of fact she moderated a U.S. Presidential debate.
While they pursued more traditional paths in journalism, one thing that all of us have in common is that nobody could make a legitimate argument that any of us knowingly misrepresented anything on a job resume or in a story or journal entry.
**************
Sadly, unless Columbia’s policy allows for Felonious faculty members, it does not appear that the same cannot be said for Columbia adjunct faculty member and eMusic CEO Adam Klein.[1] If he lied on his resume or application the simple fact is that he could be fired and the termination upheld even if he was fired for a different untenable reason and after-acquired evidence uncovered the falsification. Jordan v. Johnson Controls, 881 S.W.2d 363 (1994), Redden v. Wal-Mart Stores, 832 F. Supp. 1262 (1993)(black employee had theft by conversion conviction, ahem). In Colorado v. Saga Communs., 11 F. Supp. 2d 1292 (1998) (omitted and concealed a place of employment 10 years prior) provide the relevant analysis for us:

However, the Colorado Supreme Court, relying extensively on Gassman I, has addressed whether resume fraud acts as a complete bar to breach of employment contract claims:

[We] hold that after-acquired evidence of resume fraud may provide an employer with a complete defense to such claims.
To assert the defense of after-acquired evidence of resume fraud, an employer must prove that the employee's fraud was material and that a reasonable, objective employer would not have hired the employee if it had discovered the misrepresentation at the outset. The following factors are relevant to that determination.

First, would a reasonable employer have regarded the misstated or omitted fact as important? The nature of the misrepresentation and the extent to which it relates to qualifications for the job may bear on this issue.

Information about the employer's past conduct or policies may also bear upon this issue by focusing on what the employer regarded as important in a non-adversarial context. The second factor is whether the employee concealed or misrepresented the fact or facts with the intent of creating a false impression in the mind of the employer, citing Crawford Rehabilitation Services, Inc. v. Weissman, 938 P.2d 540, 549-50 (Colo. 1997) (en banc) (citations omitted).

****************
As noted in one of the prior journal entries, I have had very close association with associate professor staff at Columbia and personal friends who have graduated from Columbia over the years, this will happen when you go to prep school. And again, each and every one of them is a stand-up individual as are their friends whom I have met in NYC and throughout the Country. As to the Professor, had there had been a pregnancy and child born I would have stood by whatever agreement we made, unlike Adam Klein.
Regardless of Adam Klein’s familial issues, it is clear that Senior Staff owes the International Academic World an explanation on this for several reasons:
First, every job application asks the Golden Question, “Have you ever been convicted of a Felony?” Without making too complex a syllogism here, let’s just say that whomever did the vetting didn’t care or Adam Klein lied. Either way an explanation is in order.
Second, this is a newsworthy event because it almost never happens. We’re used to seeing community college cocaine-smuggling falsifiers like David Silbergeld get the hook, or Harvard’s monkey-man Robert Fogel catch a reprimand from the U.S. Department of Health and Human Services after his misdeeds. It takes a while to prove data falsification. The same goes for Harvard’s Marc Hauser or MIT’s Luk Van Parijs, who was fired for data-doody as well.
Living a material lie and using that lie to gain access to the University before you commit further misdeeds cannot be tolerated either, and some learned Judges believe the gross falsification is an absolute bar to employment in the legal context.
Office of Disciplinary Counsel v. Ragbirsingh, 535 Pa. 587 (1994).
The Disciplinary Board favored a three-year suspension. This Court is prepared to accept the latter sanction. I dissent on the grounds that the only suitable course of action is to issue a rule to show cause why he should not be disbarred.

The central focus of our attention should be on the issue of itself. This is not a case where an attorney was admitted properly and subsequently engaged in unprofessional [***4] conduct. Rather, the conduct runs to the question of whether he was eligible for admission in the first place. As I have indicated in my accompanying dissent in Office of [**266] Disciplinary Counsel v. Deborah Griffin, 637 A.2D 266, the Commonwealth has a reasonable right to reconsider that admission itself……..Failure to disclose falsification should be treated as fraud on the Court: it destroys all subsequent proceedings.
As such, this is not Weinstock v. Columbia Univ., 224 F.3d 33 (2000) where we are sharing opinions on whether or not someone with a proven Academic track record (and no criminal record) gets tenure. No Sir, No Ma’am. Here we are merely talking about holding the bar of admission somewhere north of the cesspool.

*************
I’m quite certain that a lot of people in the Office of the Provost are mulling this one over as you should. As you must. As you do that we cannot forget that the University Press has an obligation to monitor, to police and to report (5 points for parallel structure) lest it fall short of the duties and responsibilities incumbent on the Fourth Estate.
I have more information than I’ve let on, but for now I will sit back and watch, perhaps wait for a phone call and just see whether one of the Institutions that earned my trust and respect – and there are not many of them in that category – deserves to keep it.
[1] I am all in favor of CORI reform here in Massachusetts for the rank-and-file employee who makes a single youthful misjudgment, but white-collar crime involving a corporate executive and professor with discretionary authority is a horse of another color. Incidentally, Massachusetts is where Adam Klein’s daughter sits, waiting for her father to show her or her mother any measure of respect. This is odd given that Klein pursued her in the first instance by leaving a note on her car approximately 8 months before his daughter was conceived. He had been watching her take laps in the pool. The sexist Massachusetts Court of Appeals in issuing a not-for-record Opinion on the contractual agreement that Klein stopped paying 6 years in wrote that they had “a rather brief relationship,” implication being obvious. I won’t tolerate it, it takes two to tango, and this tango lasted for the better part of a year, folks. Just the facts.