Next Installment of (An ongoing expose about the reality of politics in SNJ) The 300 dollar legal Vendetta

Independent Examiner

Selective Prosecution Interview

   October 2016 Staff reporter

The Independent Examiner received requests from readers to explain how and why the Prosecutor in the Gary DeMarzo/Sam Lashman case decided to prosecute. We cannot answer that as only Cape May Prosecutor Robert Taylor knows exactly what went into his decision. But we did the next best thing. One of our staff reporters interviewed an experienced attorney who has worked both as a defense attorney, a law clerk and an Appeals Court lawyer. We hope what he has to say is helpful.

IE: Mr. Jackson what exactly is the definition of Selective Prosecution ?

Mr. Jackson: Selective Prosecution is usually raised as a defense by a defendant who thinks they have been singled out for prosecution for reasons other than they have committed a crime. In other words they are being discriminated against by the prosecutor

IE: Can anyone raise this as a positive defense?

Mr. Jackson: Well it depends. The claim of Selective Prosecution arises out of the Equal Protection clause of the 14^th Amendment. So it usually entails a person of a certain race, religion, ethnicity gender preference or other protected classes claiming that they are the reasons he is being prosecuted whether or not a crime has been committed. The United States Supreme Court has defined the term as follows: “A selective prosecution claim is not a defense on the merits to the criminal charge itself, but an independent assertion that the prosecutor has brought the charge for reasons forbidden by the Constitution”. The defense is rarely successful; some authorities claim, for example, that there are no reported cases in at least the past century in which a court dismissed a criminal prosecution because the defendant had been targeted based on race.

IE: Do you think the DeMarzo case fits into a Selective Prosecution criteria?

Mr. Jackson: I am not personally involved or familiar with the case but based on what you have described to me I would say no because I do not see a protected class to which Mr. DeMarzo belongs.

IE: Why is that?

Mr. Jackson: The Supreme Court of the United States has held that selective prosecution where the enforcement or prosecution of a criminal defendant is to quote the Court “directed so exclusively against a particular class of persons … with a mind so unequal and oppressive”that the administration of the criminal law amounts to practical denial of Equal Protection of the law” (U.S. V Armstrong, 517 U.S. 456,116 S. Ct. 1480, 134 L. Ed. 2D687 [1996] quoting Yick Wo v. Hopkins, 118 U.S. 356, 6 S. Ct. 1064, 30 L. Ed. 220 [1886]). Specifically, police and prosecutors may not base the decision to arrest a person for, or charge a person with, a criminal offense ased on “an unjustifiable standard such as race, religion, or other arbitrary classification” ( U.S. v. Armstrong , quoting Oyler v Boles, 368 U.S. 448, 82, S. Ct. 501, 7 L. Ed. 3D 446 [1962]). That does not seem to be the motivating factor here. But there may be another avenue available to this vindicated defendant.

IE: What would that be?

Mr. Jackson: Abuse of process. Or Malicious prosecution. Because in this instance it would appear that there existed an underlying ulterior motive in the prosecution of DeMarzo outside of the boundaries of regular law enforcement at least based on what the Judge stated from the bench in his comments on his ruling on the Motion for Summary Judgment.

IE: What actions would indicate this kind of abuse?

Mr. Jackson: Typically, the person who abuses process is interested only in accomplishing some improper purpose that is collateral to the proper object of the process and that offends justice, such as an unjustified arrest or an unfounded criminal prosecution. And then there is the common law action of Barratry. In common law, barratry is the offense committed by people who are “overly officious in instigating or encouraging prosecution of groundless litigation” or who bring “repeated or persistent acts of litigation” for the purposes of profit or harassment. I don’t know if New Jersey has a Barratry statute but Pennsylvania does.

IE: Is it hard to prove?

Mr. Jackson: Yes. They are usually not successful but sometimes they are. Given the numerous Grand Jury indictments and the Appeal Courts rulings this one may have a shot.

IE: Thank you Mr. Jackson

 

Colley: Imagine this world

   I was hanging out at the office of one of my US Senators yesterday (we all do that, right?) when someone asked what today’s column was about.  I told them it might be the spark that gets me fired.  Here are my words.

         Maybe biased journalists should spend a year doing penance on a chain gang. Three-hundred-sixty-five days and through rain, snow and blazing heat. Obviously there isn’t any discipline in many newsrooms and there appears to be a belief the media wretches need to instruct the brain-addled masses when it comes to candidate selection. After all reporters and editors are building Mars rockets and curing cancer in their spare time. The rest of us just can’t compete when it comes to intelligence quotient. As fellow travelers in league with academia and Hillary Clinton your friendly journalist doesn’t have much use for the Constitution. As President Obama trampled it through regulation-by-fiat a large portion of media repeated “transformational change” and ignored the trashing of a founding document. Media winked at abuses from the Internal Revenue Service as it intimidated political enemies. Reporters by and large cheered the rape encampments known as Occupy while condemning ranchers camped at a wildlife refuge. A newspaper columnist and television talking head named Fareed Zakaria accused his adopted countrymen of “fetishizing” the Constitution.

     Think about his comment for a moment. If you don’t believe in a God active in human affairs then you don’t believe the document offers God-given rights. Which means you believe these rights can be snatched away in what you subjectively believe is the correct path. With the Constitution reduced to some quaint suggestions brought forth by old slave-owning men you can simply ignore it and create your own system of justice and often what we see is clearly revenge. The trouble with this sort of thinking is someday my side is going to mop up in an election. These happen when the economy tanks and the party of the president is banished for a generation. Odds are it’s going to happen to any party if we live long enough to witness these economic disruptions. When your side loses then I guess it’s my turn to play the king.

     As a hypothetical let’s say next week I begin ruling by what I proclaim as Divine Right. My first action is to chain all the abortion doctors in a line and have them shovel ditches for 52 weeks. Then they’ll be tried for crimes against humanity. Some of the guilty may pay the ultimate price for slaughtering the innocent. Don’t give me any mumbo jumbo about my church being opposed to hangings. Google the name Avery Cardinal Dulles. Personal opinions of clergy aren’t the official policy of the Roman Church.

     Safe spaces on college campuses are now closed. The world is a tough and often cruel habitat and if you haven’t been taught reality by the time you graduate high school you’re in for quite a shock. You’re on campus to learn and you won’t be coddled and you sure as heck aren’t going to make any demands about dismissing members of faculty you don’t like. In a nod to diversity the nation’s universities will be forced to fill quotas by hiring more conservative professors. Kids who misbehave in public schools and disrupt learning will clean toilets and if mom and dad object they’ll join the work detail.

     Big-city mayors who allow looters to run wild during riots so they can blow off steam will join the looters and the doctors in the shovel brigade.

Cake bakers, photographers and wedding planners will have their liberties restored and won’t lose their livelihoods for standing on conscience and faith. People who aren’t sure if they’re man, woman or other will be treated with compassion. They’ll receive the psychiatric care they desperately need. Or they’ll be left to their own devices as long as they don’t harm others and try and impose an unscientific view on society. There is no settled science and there isn’t any evidence of people being “born that way!” We simply don’t know. It’s not genetic and we don’t know if it’s chemical. The culture won’t be upended for a lack of evidence and because you want to be nice to the confused young man at the office.

     Athletes need not stand for the Star Spangled Banner but it’s my right to encourage your league to prevent you from competing and to pressure advertisers to bail on endorsement deals. Perhaps we can turn Colin Kaepernick into a real hero and send him off to Afghanistan. He can dress in pink camouflage and draw enemy fire and thereby reveal Taliban positions. He’ll forfeit his NFL pay before leaving for war.

Hillary Clinton will be jailed.

      A minnow swimming in a stream won’t require the diversion of water resources needed to feed a hungry planet. The departments of Energy, Education, Interior, Environmental Protection and Internal Revenue will be shuttered and locked immediately. The BLM will become a relic of history as states resume sovereign roles. Amtrak will be stopped dead in its tracks and sold as a whole or in regional sections to the private sector.

     Plane flights will be provided for actors threatening to leave the country. Their 20,000-square-foot homes will be appropriated to house the homeless created by liberal social and planning policies. Subsidies for ethanol, wind and solar power are finished. Coal, oil and natural gas industries will be blessed by the government. If these traditional firms or other investors believe the alternatives have a future in the marketplace then have your way.

     The United Nations will need to find a new home when the United States withdraws and provides no funding. Allies in Europe and Asia will share defense costs and these alliances will be gradually phased out as America becomes self-sufficient on energy and begins paying down debts and taking care of its own people.

     There will be a mighty border wall. The United States isn’t responsible for the bad governing policies in Central and South America. Efficient government isn’t a secret. Make the changes and provide for your own people!

When I step aside and retire to a nice home in a small town with a nice view, voting rights and elections will be restored. An honorable military discharge earns you two votes. Combat experience earns you three. A simple literacy test will be applied to all potential voters above the age of 18. Name your governor, one U.S. senator and correctly identify the century when the U.S. Civil War occurred. For good measure who did we bury in Grant’s Tomb and when was the War of 1812?

Now, Lefty, you know how the rest of us feel about your attacks on our liberties, culture and God.

     We’ve had 80 years of creeping socialism. The country is a wreck. The federal government is officially $20 trillion in debt and nobody really knows if the figure is accurate. Dozens of states are heavily indebted with unfunded liabilities and struggling with unfunded mandates. Criminals prey upon law enforcement. Cities smolder and those yet to burn are crumbling piles of rubble where wild dogs and sometimes even bears roam block after abandoned block. Traditional families are shunned and government policy for the poor discourages marriage and leaves children alone in jungles of concrete where survival often involves fealty to criminal gangs. The dead vote and often multiple times and the results bolster the status quo.

     Then you’ve the temerity to call me racist, bigot and hater when I long for a country governed by the sensible and the God-fearing and a future for my children and yours.

The 300 Dollar Legal Vendetta.

CAPE MAY COURT HOUSE —On Friday ,September 16  Superior Court Judge Noah Bronkesh ruled on a Motion for Summary Judgment  brought by the defendants in the matter of   Former Wildwood Mayor Gary DeMarzo and former city Prosecutor Samuel Lashman against the Cape May County Prosecutor Robert Taylor  and various other named individuals and municipalities. The basis of the lawsuit is that. the Cape May County Prosecutor Robert Taylor pursued criminal charges against them knowing there was no basis for the allegations .Bronkesh let everyone out of the suit except for Taylor whom he excoriated from the bench. DeMarzo issued a statement which read as follows:

“On Friday, September 16^th, Superior Court Judge Noah Bronkesh ordered Prosecutor Robert Taylor to stand trial for his actions. No less than seven Judges have presided over these issues. It was concluded time after time that what was done to Attorney Samuel Lashman and I was “unconstitutional” and that a Grand Jury was “misled,” resulting in multiple indictments, ALL which were dismissed for lack of probable cause.

The City of Wildwood’s Commissioners attempted to evade their responsibility and were ordered to pay the tens of thousands of dollars in legal costs related to these matters. The Judges made it clear that these issues were not “personal”.

Ultimately, Taylor will stand in front of a jury of his peers and be held accountable. A Jury will ultimately decide his responsibilities.

For years Taylor dragged my family and I though this personal hell, making this ordeal a public spectacle; indictments that will now follow my family and I for the rest of my life. Very soon all involved will be called, one by one, to answer the question; “Was this indictment a result of personal animosity or was it politically motivated – or both?”

DeMarzo, a former city police officer was elected mayor of Wildwood in December 2009. Political infighting began almost immediately after De Marzo hired Margate attorney Samuel Lashman and paid him with City funds. The county alleged that DeMarzo acted illegally when he paid Lashman, $348.75 to act as DeMarzo’s confidential aide and attorney. County Prosecutor Robert Taylor brought the matter before a Grand Jury which was subsequently thrown out by a Superior Court Judge. Taylor repeated the process twice with the same result. The case eventually went before both New Jersey Appellate courts and the New Jersey Supreme Court with the same outcome. Superior Court Judge Albert Garofolo twice dismissed indictments against DeMarzo and Lashman.

But the charges had worked their political mischief and De Marxo’s term mayor ended in May 2011, when he lost the election.

The three indictments handed up by Cape May County grand juries in 2011 and 2012 that charged DeMarzo and Lashman with official misconduct and conspiracy and their subsequent dismissal formed the basis of the Civil lawsuit by DeMarzo.DeMarzo  has refered to Democrat Taylor  as a rogue prosecutor who “intentionally abused the high office he swore to uphold, as chief law enforcement officer in Cape May County, in order to achieve his personal malicious political vendettas.”

Taylor has said on numerous occasions that he was just doing his duty as a prosecutor attempting to root out political corruption. Bronkesh appeared incredulous, according to witnesses present in the courtroom at Taylor’s assertions that politics played no role in his repeated actions to indict the former mayor and his lawyer over a $300. bill.

After he was first indicted in 2011, DeMarzo called the indictment “retaliation for the city seeking the videotape of a beating of a prisoner by a high-ranking officer in the city of Wildwood’s Police Department.” The tape was part of an investigation by the Prosecutor’s Office into a 2000 allegation of police abuse by Regalbuto. Regalbuto was never charged with any wrongdoing.

After post motion appeals are heard and ruled upon the case will proceed to trial , this time with the roles reversed.

Staff reporter

 

Editors Note: The Independent Examiner will be running a series on this case beginning next week to look into the parties, motivations and background of how a bill for little over $300 ended up costing the taxpayers millions.

“White Privilege” is finally being addressed!!! (And, if you are white, why do you feel guilty about being so?)

<Reprint from MRCTV.org>

Students at the University of California, Berkeley are offering a “White Privilege 101” course for people who “feel too white for Berkeley.”

According to a flier obtained by MRCTV, students at Berkeley are offering a 2-credit DeCal, “a student-run democratic education class on the topic of white privilege”.

The flier asks prospective “White Privilege 101” students, “Got white privilege? Ever feel too white for Berkeley, but don’t know what to do?” The flier instructs then students, “Take this 2.0 unit decal and learn about how to navigate your whiteness at Cal!”

The course allegedly features “weekly discussions to understand why everyone keeps telling you to be ‘politically correct.’”

Contrary to the people who call for others to be silenced for not being politically correct, the DeCal history page claims DeCal courses are “rooted in the ideals of the Free Speech Movement.”

The flier claims the “White Privilege 101” course is important because “Instead of taking up space, you can learn how to use your space and privilege to uplift others.”

It continues, “Like salmon colored shorts are integrated into Greek life, power dynamics are integrated into our society.”

Students will reportedly “Gain cultural competency and humility and support people of color in a positive and respectful way!”

Although “White Privilege 101” is reportedly a DeCal class, it is currently not listed on the DeCal course listing page.

DeCals are “pass/no pass” courses that offer up to two credits .

The DeCal office and the sponsors for the “White Privilege 101” DeCal did not respond to MRCTV’s requests for comment at the time of publication.

 

***Now here is the question, should this and similar courses be offered (or even required!) at our schools like ACCC, Rutgers, or Stockton?  Comments please ***

 

 

Dead humpback whale washes up in Sea Isle City (from The Gazette)

SEA ISLE — A dead humpback whale washed up Friday afternoon in Sea Isle City near 20^th Street.

The whale was sighted off Strathmere’s coast earlier in the day and floated down to Sea Isle City later, according to The Press of Atlantic City.

The Marine Mammal Strand Center is on the scene, and workers are preparing to remove the whale from the beach with a piece of heavy equipment, according to the report.

The whale is reportedly a young male that weighs about 20 tons and is around 33 feet long.

The cause of death was not immediately clear Friday afternoon.  The animal will stay on the beach overnight, and the center will perform a necropsy to determine how the whale died, a process that could take up to eight hours, the report stated.

Adult male humpbacks can grow up to over 40 feet long and weigh between 25 and 40 tons.

Aug 17 – Here’s How “President Hillary” Will Destroy Your Gun Rights Without Repealing The Second Amendment

http://bearingarms.com/bob-o/2016/08/17/heres-president-hillary-will-destroy-gun-rights-without-repealing-second-amendment/?utm_source=badaily&utm_medium=email&utm_campaign=nl

Here is a fact I shall repeat time and time again until we Americans start to embrace this  truth:

IT HAS BEEN LEGALLY UPHELD BY THE HIGHEST COURT IN THE LAND, THE SUPREME COURT, THAT THE POLICE HAVE NO SPECIAL DUTY TO PROTECT US THE CITIZENRY.  Ergo, it is up to each and every American to provide for their own protection for themselves and their family.

No one, NO ONE wants to be defenceless or made to feel afraid by their government.   If the government will not guarantee the protection of its people then it is in everyone’s best interest to stand against all attempts to make us able to defend ourselves.  Hillary and the Democrats want to do an end run and take away our ability to do what it, the powers that be, have no special need  to do for us.  Every American should be fuming to the point of action.  And here is the proper and acceptable action; contact your Congressman and tell them you will be watching and that they should not support Hillary’s designs to strip us of the right to do what the police has not real reason to do, defend  ourselves.

If Black Lives Really Mattered (a re-post and a great must read)

If Black Lives Really Matter

The continuing mantra of “Black lives matter” has been raised to a deafening decibel. It seems that no matter where one goes or what happens there are those that come out of the woodwork to declare the importance of Black lives. The deafening sound has been once again raised as a young Black male died while in police custody last week in Baltimore. Many of the facts of the case have yet been made public; yet masses of people have taken to the streets of Baltimore declaring the absolute importance of Black lives.

How to GO GO GO!!! With Pokemon Go!

Pokemon, something that children and adults have loved for twenty years, has evolved into something new a mobile game! Pokemon Go, the new mobile app lets you catch pokemon in augmented reality! As, someone who has grew up on pokemon since I was a child I was excited to here about this application coming out this year! This year the Pokemon franchise turned twenty in February so this new game mad a huge leap from what was black and white on the original gameboy to Pokemon all around you in your everyday life. This has been an exciting development for the company getting new people who have never played Pokemon began playing when it came out. 

Pokemon Go, forces you to get up off the couch and move outside or inside to catch pokemon you have to walk varying distances to catch certain types of Pokemon, Also there are types of things you can do within the game. The game consists of poke stops consisting of signs, churches, hospitals, libraries, parks, etc. The game is based on geocaching, geocaching is finding things based on your GPS which is in your phone automatically. There a gyms where you can train, fight, and battle. Gyms can be held by the game teams color which are yellow, blue and red. The teams are instinct which is represented by yellow, team mystic which is blue, and team valor which is based on red. These teams can hold gyms and other teams can throw each other out of the gym after battling all the trainers and gym leaders at a certain gym.  

This game is making people who usually sit on their couches get up and move and exercise unlike before when they just sat on their couch. You walk to catch eggs 2 kilometers, 5 kilometers, 10 kilometers whenever you reach that limit the egg hatches, it makes you walk to get a reward! It has also helped people who have had anxiety get out and associate with new people and make friends with people. If you are looking for something to help you exercise download this game because it makes walking fun and it doesn’t feel like you are exercising. You also get to hang out with you friends while doing something healthy! What more do you want from a game, you have a healthy activity throw in a game that everyone loves and there you have it a new interesting way to do something healthy but fun at the same time!

The experts have spoken. Laws protecting women are un-Islamic.

Here it is again.

Islam vs The West.

How should we respond?

The Next Great Depression