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"And ye shall know the truth, and the truth shall make you free." - John 8:32
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Author:  Michael J. Gaynor
Bio: Michael J. Gaynor
Date:  September 13, 2007
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Topic category:  Other/General

Duke Case: Woes of Wily Willie and Wicked Wendy

KC Johnson opined that "Saacks was easily the most qualified of the candidates that Easley was reported to be considering" and he's very likely right.

THAT'S THE PROBLEM WITH THE DEMOCRAT SCANDAL THAT IS CRIMINAL JUSTICE IN DURHAM! That District Attorney's office need fumigating, not another appointment from inside.

Take it from Willie Gary, the lawyer who was supposed to represent false accuser Crystal Gail Mangum in the big civil suit after the criminal convictions in the frightening fantasy: when a man is accused of a sexual offense, don't rush to judgment! (At least when the man is Willie Gary.)

WPTV News Channel 5 (Carolyn Scofield):

"Police are investigating a famous Treasure Coast lawyer in a case involving sexual battery.

"Attorney Willie Gary claims he's being extorted for millions of dollars.

"Gary tells Newschannel 5 a woman accused him of sexual battery.

"'There's no basis for it,' says Gary. 'I mean not even close. Not one iota of basis for it. It's just about money.'

"According to Stuart Police, the alleged rape happened at a Best Western on U.S. 1 on August 17th.

"Gary says it never happened and someone is trying to extort him.

"'This ain't about no rape, this is about money,' says Gary. 'This ain't about no sexual battery, it's about money. They came to us wanting $20 million and I'm sick of it and I'm pissed.'

"Gary says a friend of his accuser called his Stuart law office several times during the last two weeks. The person said he would 'make the problem go away' for $20 million.

"Gary tells us he took a polygraph test Thursday, and passed. While Stuart Police investigate the sexual battery claim, the attorney says detectives are also looking into his charge of extortion against the couple.

"Gary says he knows the pair, and they plotted and planned to take his hard-earned money.

"I'm the victim here of a $20 million extortion plot,' says Gary. '$20 million and I am, I'm pissed.'

"Newschannel 5 spoke to Willie Gary's accuser by phone Friday night. She would not comment, except to tell us she wouldn't lower herself to Gary's level and lie.

"Willie Gary is known for his multi-million dollar verdicts against corporations including Anheuser-Busch and Disney.

"Forbes Magazine once put Gary's net worth at $12 million. The web site www.law.com puts it closer to $60 million."

Let's make sure Willie is not Nifonged. (Nifong didn't care about polygraph test results, DNA test results or the truth.)

Would people actually plot and plan to take money from another based on a lie?

Aren't all rape claims presumed to be true?

Nancy Grace and Susan Estrich, you are needed. To be fair.

Meanwhile, Wicked Wendy Murphy, you need to justify your actions to a federal judge.

Lincoln Star Journal (Clarence Mabin):

"U.S. District Judge Richard Kopf this week told alleged rape victim Tory Bowen and her attorney they could face sanctions for a federal complaint the attorney filed against Bowen’s state court trial judge.

"Kopf, in an order Monday, gave Bowen and the attorney, Wendy Murphy of Boston, until Sept. 18 to show why the complaint was not filed for an improper purpose or was legally frivolous.

“'I warn the plaintiff and her counsel that sanctions may be imposed for failure to show cause,' Kopf wrote.

"'There is something profoundly disturbing,' the judge said earlier in the order, 'about the notion that a federal judge has the power to tell a state judge how to do his job, particularly when that state judge is presumably trying to do nothing more than protect the rights of a citizen who may have been wrongly accused of rape.'"

"In an interview Friday, Murphy said language orders such as the ones issued by Cheuvront have become increasingly common in state courts nationwide. She said she filed the complaint partly to get clarification from the federal judiciary on the issue — one that seems to set the First Amendment against the Sixth Amendment right to a fair trial.

"But Creighton University law professor Richard Collin Mangrum said in an interview last week that the complaint made sense only when seen as an attempt to generate publicity about issues of language in courtrooms.

"Kopf suggested similar motives in his order Monday.

“'I have serious reservations about whether this action was commenced for the improper purpose of forcing Judge Cheuvront to recuse himself from presiding over the state criminal matter or for the improper purpose of generating pretrial publicity about the plaintiff and the criminal case,' he wrote"

Federal Rule of Civil Procedure 11 is mandatory.

It states in pertinent part:

"Rule 11. Signing of Pleadings, Motions, and Other Papers; Representations to Court; Sanctions

"(a) Signature.

"Every pleading, written motion, and other paper shall be signed by at least one attorney of record in the attorney's individual name, or, if the party is not represented by an attorney, shall be signed by the party....

"(b) Representations to Court.

"By presenting to the court (whether by signing, filing, submitting, or later advocating) a pleading, written motion, or other paper, an attorney or unrepresented party is certifying that to the best of the person's knowledge, information, and belief, formed after an inquiryreasonable under the circumstances,--

(1) it is not being presented for any improper purpose, such as to harass or to cause unnecessary delay or needless increase in the cost of litigation;

(2) the claims, defenses, and other legal contentions therein are warranted by existing law or by a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment of new law;

(3) the allegations and other factual contentions have evidentiary support or, if specifically so identified, are likely to have evidentiary support after a reasonable opportunity for further investigation or discovery; and

(4) the denials of factual contentions are warranted on the evidence or, if specifically so identified, are reasonably based on a lack of information or belief.

"(c) Sanctions.

If, after notice and a reasonable opportunity to respond, the court determines that subdivision (b) has been violated, the court may, subject to the conditions stated below, impose an appropriate sanction upon the attorneys, law firms, or parties that have violated subdivision (b) or are responsible for the violation.

(1) How Initiated....

(B) On Court's Initiative. On its own initiative, the court may enter an order describing the specific conduct that appears to violate subdivision (b) and directing an attorney, law firm, or party to show cause why it has not violated subdivision (b) with respect thereto.

(2) Nature of Sanction; Limitations. A sanction imposed for violation of this rule shall be limited to what is sufficient to deter repetition of such conduct or comparable conduct by others similarly situated. Subject to the limitations in subparagraphs (A) and (B), the sanction may consist of, or include, directives of a nonmonetary nature, an order to pay a penalty into court, or, if imposed on motion and warranted for effective deterrence, an order directing payment to the movant of some or all of the reasonable attorneys' fees and other expenses incurred as a direct result of the violation."

Would Wendy Murphy do something for an improper purpose or legally frivolous?

A mind-boggling thought, huh?

KC Johnson: "The person in the DA’s office who participated in drafting the NTO—assistant district attorney Tracey Cline—should be held responsible for the civil liberties violations in the NTO. Saacks signed the NTO only because Cline was out of the office at the time Det. Himan came by: in short, his signature was nothing more than a professional courtesy to a colleague."

In a North Carolina state court, perhaps it would be viewed as unobjectionable for the current Durham County, North Carolina District Attorney to sign legal papers as "a professional courtesy to a colleague." But that would be very wrong.

KC Johnson opined that "Saacks was easily the most qualified of the candidates that Easley was reported to be considering" and he's very likely right.

THAT'S THE PROBLEM WITH THE DEMOCRAT SCANDAL THAT IS CRIMINAL JUSTICE IN DURHAM! That District Attorney's office need fumigating, not another appointment from inside.

Michael J. Gaynor

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Biography - Michael J. Gaynor

Michael J. Gaynor has been practicing law in New York since 1973. A former partner at Fulton, Duncombe & Rowe and Gaynor & Bass, he is a solo practitioner admitted to practice in New York state and federal courts and an Association of the Bar of the City of New York member.

Gaynor graduated magna cum laude, with Honors in Social Science, from Hofstra University's New College, and received his J.D. degree from St. John's Law School, where he won the American Jurisprudence Award in Evidence and served as an editor of the Law Review and the St. Thomas More Institute for Legal Research. He wrote on the Pentagon Papers case for the Review and obscenity law for The Catholic Lawyer and edited the Law Review's commentary on significant developments in New York law.

The day after graduating, Gaynor joined the Fulton firm, where he focused on litigation and corporate law. In 1997 Gaynor and Emily Bass formed Gaynor & Bass and then conducted a general legal practice, emphasizing litigation, and represented corporations, individuals and a New York City labor union. Notably, Gaynor & Bass prevailed in the Second Circuit in a seminal copyright infringement case, Tasini v. New York Times, against newspaper and magazine publishers and Lexis-Nexis. The U.S. Supreme Court affirmed, 7 to 2, holding that the copyrights of freelance writers had been infringed when their work was put online without permission or compensation.

Gaynor currently contributes regularly to www.MichNews.com, www.RenewAmerica.com, www.WebCommentary.com, www.PostChronicle.com and www.therealitycheck.org and has contributed to many other websites. He has written extensively on political and religious issues, notably the Terry Schiavo case, the Duke "no rape" case, ACORN and canon law, and appeared as a guest on television and radio. He was acknowledged in Until Proven Innocent, by Stuart Taylor and KC Johnson, and Culture of Corruption, by Michelle Malkin. He appeared on "Your World With Cavuto" to promote an eBay boycott that he initiated and "The World Over With Raymond Arroyo" (EWTN) to discuss the legal implications of the Schiavo case. On October 22, 2008, Gaynor was the first to report that The New York Times had killed an Obama/ACORN expose on which a Times reporter had been working with ACORN whistleblower Anita MonCrief.

Gaynor's email address is gaynormike@aol.com.


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