Saturday, February 28, 2009

Jeffrey Denner victim Derrick Gillenwater to rally up with Touch FM 106.1 in their Walk for Power demonstration Monday, March 2, 2009.

Note: Postponed due to snow storm. In two short days, folks will be passing hundreds of fliers at the Touch FM 106.1 Walk for Power rally.
The Walk for Power, led by Charles Clemons, is meant to make plain black media owners’ plight and the African American community’s need to control and manage vehicles of information and education....


The station is already starting to track his autobiographic song "Da Mack is what they call me," (myspace.com/buckshotdamack) about power, corruption and lies and how prominent Boston Attorney Jeffrey Denner and Kevin Barron got Mr. Gillenwater's First Amendment Rights to blog about his legal malpractice case against them taken away. He went to jail for no good reason, ordered Judge Diane Moriarty. Then they also got some morally vacant judges to strip away his rights to even file legal pleadings in the case. It sounds outlandish but it's true.

Defendant Jeffrey Denner, a white "Civil Rights" lawyer who has made tons of money from black folks and other minorities over the years, is the benefactor of these classist and racist court rulings that are all held on this blog.


Denner also claimed to have knowledge of Diane Wilkerson's pending investigation before it went public, and he used it against Mr. Gillenwater to threaten him. Jeffrey Denner also got this blog taken down until I forced the issue and Blogger restored it. The folks at Harvard Law School's "Citizen Media Project" have this to say (click on last link).

For background read this post about the first Unconstitutional Order, and this post about the gag orders on Gillenwater and Boston City Councilor Chuck Turner -- after the government made his case a public issue IN THE FIRST PLACE.

Boston is a racist town. Remember how the authorities treated allblackmen in the Carol Stuart murder "investigation?"

PS: No disrespect to local radio legend Lovell Dyett, but it just occurred to me as kind of an afterthought that his situation is directly related. Another black man of above-average intelligence, trying to assert himself in a manner that may challenge Boston's largely white power structure is effectively silenced after he and a younger white co-worker were temporarily released and called back. On return to work, his white counterpart was called back in a nice cherry time slot but he got the proverbial graveyard shift and at -- get this -- one sixth the airtime. Read the February 10 Boston Globe story and the February 26 Boston Banner story (sorry, that story I cannot find online. I used the February 5 story instead).

Let's review the original Unconstitutional Order from Judge Peter Lauriat in Gillenwater v. Denner, 05-5469.

NOTE: See how in the ruling that Mr. Gillenwater requested insurance carrier information? He's entitled to that BY LAW to file a 93A claim, but he still doesn't have it and the Court doesn't give a damn, the Court just wants Mr. Gillenwater -- and me I'm sure -- to shut up. That's not going to happen.

The law students reminded me that I have not actually posted the original Unconstitutional Order of October 10, 2008 from Judge Peter Lauriat. Well here it is, posted in the same fashion that I posted the January 13, 2009 transcript page from Judge Linda Giles still reinforcing the Unconstitutionality of all of this. Remember that Judge Lauriat is the author of a (1984 appropriately enough) Right-to-Know treatise "The Massachusetts Right to Know Law Handbook" published right here in Massachusetts. Unbelievable.

Meanwhile you may review the October 21 Unconstitutional Order from Judge Charles Spurlock affirming the first Unconstitutional Order right here.

The Question the law students and I keep getting is: "On what basis did the Court initially restrict Plaintiff Gillenwater's First Amendment and Fundamental Rights?"

The Answer I keep giving is: "There was no lawful basis for so doing on the speech issue, and on the filing restrictions there has never been a finding that Mr. Gillenwater filed any frivolous pleadings. The rulings are patently Unconstitutional and that's why the Court of Appeals full panel is still sitting on Mr. Gillenwater's appeal from the single Justice in 2009-J-58.... which Judge Giles has still failed to act on."

Related:
In depth analysis of the Spurlock Order.
Let's meet Judges Lauriat and Spurlock.
The Single Justice (non)ruling of February 5. Note that it doesn't even have the correct date for Judge Spurlock's Unconstitutional Order as it references an Order of October 23. That's because nothing is right about this classist, racist case, as succinctly noted in yesterday's post, with links to Plaintiff Gillenwater's activist video and music pages.

Thursday, February 26, 2009

Derrick Gillenwater to speak with Boston Councilor Chuck Turner, ACLU about gag order in Gillenwater v. Denner, 05-5469.

The ACLU knows that the gag order against Councilman Turner is Unconstitutional. Read this story. The ACLU will also know by tomorrow (some of their members know today) that the gag order against Derrick Gillenwater is Unconstitutional as well.

Whether Jeffrey Denner had any input on the proposed Turner gag order as he claims to have had input on the Diane Wilkerson prosecution is yet to be seen. Read this post.

To see Judge Diane Moriarty's original decision finding ineffective assistance of counsel for several reasons read this post.

To see the Jeffrey Denner/Richard Abbott scandal that took Abbott's license to practice law for 2+ years because of ineffective assistance of counsel and lying to the BBO read this post.

To see Mr. Gillenwater's music page with activist video on this, and to see the Gillenwater gag order explained in one page of recent court transcript, read this post.

To see Mr. Gillenwater's liner notes read this post.

To see that Harvard Law School's Citizen Media Project considers the Denner-requested gag order on Derrick Gillenwater, preventing him from simply posting public information and blogging IN A CIVIL CASE Unconstitutional read their blog, specifically the last link on this main page.

Get this:
“This is not a gag order,” said Assistant U.S. Attorney John McNeil.

McNeil said the protective order he is seeking would simply prevent information the government releases to Turner’s lawyers from becoming public before trial.

Huh? What? To read similarly-insipid comments from Judges in Mr. Gillenwater's well-grounded legal malpractice case against prominent, wealthy and white Boston Attorney Jeffrey Denner read the November, 2008 transcript from Judge Spurlock.

Then read the January, 2009 transcript from Judge Giles.

Then cry about how pathetic this Country has become. I guess a black man in Boston can't speak his mind when it comes down to facing a powerful, largely white establishment. Remember how they treated allblackmen in the Carol Stuart murder "investigation."

And look at the racist comments in both of the Chuck Turner stories as linked above. Here's a good one:
You would need a watermelon and a roll of duct tape to keep that huge mouth quiet. Can't they just sentence this clown and get it over with so he can start right letter from prison?

Watermelon, huh. How original. Dean Grose, a hater Mayor in Los Alamitos California just lost his job for that. Can't they just lock you up and sentence your stupid hateful ass for being a racist clown bigot?

By the way, the case the ACLU should be running is State v. Carmichael, 326 F.Supp.2d 1267 (M.D.Ala. 2004).

Maybe Project Hip Hop will understand why Derrick Gillenwater cannot even respond to Jeffrey Denner's Motion for Summary Judgment: He's not allowed!

Think about this: Derrick Gillenwater, as clearly seen in yesterday's post with Attorney James S. Dilday and the relevant transcript pages from Mr. Gillenwater's legal malpractice case against prominent, wealthy and white Boston "Civil Rights" Attorney Jeffrey Denner, is still not permitted to file anything in court. This is so, even though there is no finding that he ever filed anything frivolous.

When he did properly file for permission to file, it was ignored. He can't blog, he can't file, he can't do anything but get beat down. And he can't adequately respond to Denner's Motion without his discovery regarding other cases in which Denner was involved, such as the Oscar Atehortua scandal BD 2001-045 where Denner's buddy lost his license (suspension) for 2+ years. Folks, you can't get any more obvious than that. What a joke. What a crying shame, the shame of Boston it is.

Here is the Project Hip Hop website.

Here are links to Plaintiff Gillenwater's Music Page, with an activist video about this situation.

Here are Derrick Gillenwater's phenomenal liner notes.

Wednesday, February 25, 2009

Gillenwater v. Denner, 05-5469 with Judge Linda Giles: They apparently have transcripts in Hell. Here's the proof.

Dear Jeffrey Denner:
When your buddy James S. Dilday gave Derrick Gillenwater the legal opinion authored by Judge Diane Moriarty (the court kept telling Mr. Gillenwater they couldn't find it) he said "handle your business."

Well he certainly is. So you just keep on handling yours (which apparently includes oversight of people like Diane Wilkerson as noted yesterday) and Mr. Gillenwater, the law students and I will continue to handle ours.

Oh, wait, I know. You're not a racist. Some of your best friends are black. Some of them are even tenured professors in criminal justice. Be that as it may, Harvard Law School's Citizen Media Law Project called this situation "Likely Unconstitutional." (It should be the last link on the page but it's not working now for some reason. Denner is a Harvard Graduate, coincidentally I'm certain it's just a technical glitch at the moment).

Now then, Judge Giles should recuse herself for her ignorant and biased comments seen at page 8, given the law on legal malpractice in this milieu:

Labovitz v. Feinberg 47 Mass.App.Ct. 306, 713 N.E.2d 379 Mass.App.Ct.,1999 July 16, 1999 (Approx. 9 pages). That court cites Belford v. McHale Cook & Welch, 648 N.E..2d 1241, 1246 (Ind.Ct.App.1995) ("The burdens on postconviction relief petition and a legal malpractice claim are the same.")
**********
Suggested reading: John M. Peckham v. Boston Herald, 48 Mass. App. Ct. 282 (1999) applied to Gillenwater v. Denner, Suffolk 2005-5469. Read also the Unconstitutional Order holding "The purpose was to prevent Gillenwater from using any references to the Defendant Jeffrey Denner."

What? Huh? Why? The Court can't do things like that in America, and for Jeffrey Denner to accept it and to be a benefactor of this sort of clearly unlawful activity that deprives a man of basic First Amendment and other Fundamental Rights makes him a total bigot in this instance, my previous respect for him dying by the minute.

Tuesday, February 24, 2009

Derrick Gillenwater says Jeffrey Denner might as well be a racist oppressor for his comment about Diane Wilkerson, "Who's gonna help you, kid..."

UPDATE: Here is the January 13, 2009 Transcript.

Fact: Derrick Gillenwater is suffering under Unconstitutional Court rulings and a very powerful attorney trying to defend a well-pled legal malpractice case, but he will testify Under Oath that prominent, wealthy Boston Attorney Jeffrey Denner looked him right in the eye weeks before any of Diane Wilkerson's alleged criminal activity took place -- but well after he was aware of Mr. Gillenwater's 2005 legal malpractice lawsuit against him and Kevin Barron -- and said:
"Who's gonna' help you kid? Diane Wilkerson? I've already got her on tape."

Anybody think Mr. Gillenwater is lying? I don't. But the question is who the hell is Jeffrey Denner to say something like that? How much power does this guy really have? He acts like he owns the World. So it's no wonder Jeffrey Denner looks so smug in the "I'm not a racist" post. He may not be a racist but he sure is a power monger who hates to admit he's wrong, and he gets judges in his pocket to do whatever he wants, Unconstitutional or not. Wait for me to post the ridiculous transcript from Judge Linda Giles' courtroom tomorrow. Update, here it is. Mr. Gillenwater and a law student dropped a copy with City Council this afternoon. Here is the last ridiculous transcript from Judge Spurlock.

I'll say this: Councilor Yancey and Yoon and soon the entire City Council and Mayoral Candidates will be reviewing this matter at the behest of a certain local pastor. Now let's see how smug Mr. Denner and the Court system are in light of the liner notes and the transcript I'm reading right now. Here are the liner notes on the overleaf, and here are the links to Derrick Gillenwater's wonderful music and video, Including a song about this very situation.

In the overleaf you will see why I hope Mr. Gillenwater gets Justice and his pound of flesh.

Here come the liner notes from Derrick Gillenwater's CD; they are amazing.

Well let me qualify that: I believe they are going to be amazing. I'm sorry to tease you with something I'm not permitted to share yet, but I'm hoping that I can share these with you later today or at least by the end of the week. All the law students will tell me is that Mr. Gillenwater mentions that he "did not get his money's worth" with prominent and wealthy Boston Attorney Jeffrey Denner and Kevin Barron. Also, he offered to work with them in some sort of gentlemen's fashion if they would "wake up and do the right thing," but they have refused. Apparently they disagree with Judge Moriarty's decision finding that they provided ineffective assistance of counsel, which is legally tantamount to legal malpractice.

Funny thing, though, neither Defendant ever appealed that order so it's kind of res judicata, claim or issue preclusion, something like that.

I'm getting curiouser and curiouser. Here is Mr. Gillenwater's MySpace and related YouTube video, in which legal malpractice Defendant Jeffrey Denner appears.

Meanwhile people in Boston's church community are offering to help. That is all I will say at this point until a meeting is scheduled with said persons and people in government.