COURT REPORTER UPDATE:
After spending a night in TGK, she was released this morning and we are being told the transcripts were produced. Gratified to learn this woman did not have to spend a holiday weekend in jail. Thus ends yet another REGJB contretemps. The Judge who incarcerated the reporter was Judge Delancy, one of our best, so we will not second guess her decision without seeing the transcript. Judge Wolfson issued the release order today, but that may be because the transcripts were produced and Judge Delancy might have been unavailable. We do not think Judge Delancy, unlike many of her (DeSantis Drone) colleagues takes incarcerating anyone lightly.
FLY THAT FLAG
Judge Michael Ponsor has been a US District Court judge in Boston for four decades. He wrote this op -ed piece about Justice Alito. It is worth a read. Here are some highlights if the pay wall stops you:
To me, the flag issue is much simpler. The fact is that, regardless of its legality, displaying the flag in that way, at that time, shouldn’t have happened. To put it bluntly, any judge with reasonable ethical instincts would have realized immediately that flying the flag then and in that way was improper. And dumb.
Courts work because people trust judges. Taking sides in this way erodes that trust.
...
In four decades as a federal judge, I have known scores, possibly hundreds, of federal trial and appellate judges pretty well. I can’t think of a single one, no matter who appointed her or him, who has engaged or would engage in conduct like that. You just don’t do that sort of thing, whether it may be considered over the line, or just edging up to the margin. Flying those flags was tantamount to sticking a “Stop the Steal” bumper sticker on your car. You just don’t do it.
...
But basic ethical behavior should not rely on laws or regulations. It should be folded into a judge’s DNA. That didn’t happen here. The flag display may or may not have been unlawful, but as far as the public’s perception of the court’s integrity, it certainly was not helpful.
WRONGFUL EXEXCUTION
And finally this. For all of you who champion the American Justice system as the best in the world, we respond, we are far from the best- we murdered a child by a Judge ordered execution simply because the child was black and a white woman was killed. Here is the NY Times Article
On June 8, 1931, Alexander McClay Williams, a 16-year-old Black student, was executed by electric chair, the youngest person to be put to death in Pennsylvania history.
Ms. Robare’s body was found in her apartment, which was on the campus of the Glen Mills School, on Oct. 3, 1930. She had been stabbed 47 times with an ice pick. The body was discovered by her husband, Fred Robare. According to the suit, The Chester Times, a local newspaper, quoted Oliver Smith, a detective investigating the case, as saying that the murder had been committed by “a full-grown and strong man.”
An overturned lamp was the only sign of disruption. Ms. Robare’s keys were missing, according to the lawsuit, but a wristwatch and $15 had been left untouched on a bureau.
Investigators zeroed in on Alexander, one of the 600 students at the school, though it is unclear why. Alexander is described in the suit as having been 5 feet 5 inches tall and weighing 125 pounds, contradicting Mr. Smith’s description of the killer. Initially, Alexander denied having anything to do with the murder. But over the course of multiple interrogations, without a lawyer or his parents present, he eventually confessed. There was no physical evidence tying him to the scene. There was, however, a bloody handprint found at the scene, which did not belong to him.
One piece of evidence that was used against Alexander was testimony of a school employee who said that on the day of the murder, Alexander and a classmate were sent to procure shovels, and that Alexander was to deliver the receipts for those shovels to someone else at the school. The employee testified that it took Alexander 20 minutes to return after dropping off the receipt. When he returned, he did not have any blood on him, nor was there anything odd about his demeanor. It was within this 20-minute window that prosecutors contended Alexander committed the murder.
“How can you stab somebody 47 times, break their ribs and just go around the house and not have any blood on you anywhere?” Ms. Carter, who is one of Alexander’s 12 siblings, said in the interview. “That should have told them that this was wrong.”
Investigators did not appear to consider Mr. Robare as a suspect. Nine years earlier, Ms. Robare filed for divorce from her husband, citing “extreme cruelty.”
A judge overturned the conviction in 2022 and granted a motion for a retrial. Jack Stollsteimer, the Delaware County district attorney, moved to dismiss the charges posthumously, acknowledging yet another example of a Black person being wrongfully convicted of a crime they hadn’t committed.
On Friday, Alexander’s family filed a federal lawsuit in the District Court for the Eastern District of Pennsylvania against Delaware County, as well as the estates of the detectives and prosecutors on the case, calling their conduct “outrageous, malicious, wanton, willful, reckless and intentionally designed to inflict harm.”
You want to tell us we have the best justice system in the world? Start with this damn case.
Sorry to end with a downer.
Enjoy your holiday weekend and in thinking about Memorial Day spend a moment saying the name of young Alexander McClay Williams and remember all that was taken from him.
25 comments:
Judge Michelle Delancy is gold...I would never question her discretion
At first I was outraged. But learning it was delancy, and finding out a bit more about the massive problems this court reporter has caused, I don’t blame her one bit.
Yes, the Court reporter may have spent a night in jail, but her neglecting to do her job has likely caused many others to sit in jail waiting for transcripts that are critical to their hearings and trials.
It’s extreme to jail somebody, but sometimes extreme is needed to effectuate change.
I think Delancy is a saint. An absolute pleasure to appear before. If she - having one of the best temperaments in the building - made the tough decision to send a court reporter to jail for one night, then I fully support it. I trust her instincts and discretion enough to know that such action was likely warranted.
If the reporter was in jail and the transcripts were still able to be produced, then there was a way to circumvent the CR and get the transcripts. Nonsense to think jailing the CR is a reasonable solution when no judge would dare jail a cop or attorney who similarly impeded court business or disobeyed a court order.
Alexander Williams wasn't even the youngest child executed in the electric chair.
George Stinney was a 14-year old black teenager accused of raping and murdering two white girls in 1944. His trial (including jury selection) lasted all of one day. The all white jury found him guilty after 10 minutes of deliberation and the judge sentenced him to death that same day.
Stinney's attorney didn't bother filing any appeal. Stinney was executed less than two months after his one day trial. He stood 5 feet 1 inch tall and weighed around 95 pounds. When they put him into the electric chair, they had to use a Bible as a booster seat because Stinney was too small.
Stinney's conviction was posthumously vacated due to his unfair trial, around 70 years after the fact.
https://en.wikipedia.org/wiki/George_Stinney
Can someone share more details about what caused Delancy to do this? Case number? Order? Etc.
Theres very few judges who i would not doubt if they made this decision. Delancy, Wolfson, Johnson, Sayfie, De la O and Verde. Others I would would assume the opposite......they lost their stack and wrongly jailed a court reporter. That group includes Cabarga, Hersch, Hirsch, and Miranda. All the others I would need to see the evidence first before i could make a decision.
I’ve posted about George Stinney multiple times. Tragedy and a black mark on our judicial system.
The court reporter in question was responsible for missing transcripts spanning several divisions over about a 2 year period, some transcripts pertaining to depos in cases for incarcerated defendants. The PD’s office filed a rule to show cause against the court reporter after several attempts to try and get a deposition transcript from her in a particular case slated to go to trial after a transcript-less stand your ground.
After multiple failures to appear on behalf of the CR, Delancy issued a writ of bodily attachment against the CR. She appeared before the court yesterday and offered no explanation as to why she was seemingly giving the finger to the judicial system by failing to comply with the court issued subpoenas and her job requirements.
CR’s former supervisor was present. She testified that she requested the audio of the depos from the CR (to have someone else transcribe) after months and months of asking for the transcripts…to which the supervisor received excuses as to the tardiness…followed by months of non-responsiveness from the CR…followed by directives from the CR to “speak to CR’s lawyer.”
In light of the lack of explanation and remorse from CR, the writ of bodily attachment, and the insight from the supervisor, Delancy determined contempt proceedings would be scheduled for Tuesday. Both the PD’s office and regional counsel immediately conflicted from representing the CR due to the multiple conflicts of interest both the PD and regional had with their “transcriptless” clients, spanning the multiple divisions. Bond was initially set at $25k but was modified this morning to house arrest.
If you’re a defense lawyer, it is very clear to see how the refusal of this CR to do their job would directly impact the due process rights of individuals facing criminal prosecution. No one likes the idea of people being in jail but I don’t see how this wasn’t egregious enough to warrant release on some form of bond or supervision pending the outcome of the contempt hearing. Given the circumstances.
There is no way Delancey made that call on her own. I blame De la O and Wolfson for giving her bad advice.
Apparently, the learned judge from Massachusetts has never been married. If one's wife is to post a flag upside down, that is her right, if it is her house too. I believe one of the liberal justices admitted to flying old glory upside down as a protest too. Any outrage about that?
Hey Rump. Is Apple still on your buy list? Can Nvidia still go up more. Will the AI effect truly be the next Industrial Revolution? Tell me how to invest going into the end of the year.
How many times does a court reporter need to be ordered to produce before the judge gets frisky?
The court reporter in question was responsible for missing transcripts from several divisions over about a 2 year period. Some of the missing transcripts were pertaining to depositions for cases of incarcerated defendants. One transcript in question was holding up a third dca decision at one point.
In this particular instance, the PD’s office filed a rule to show cause against the court reporter after several attempts to get the deposition transcript from her in order to go to trial. This defendant was out of custody. The CR failed to appear before the court multiple times on the rule to show cause, and so Delancy issued a writ of bodily attachment.
The CR showed up to court on Thursday. The CR’s supervisor was also present before Delancy on Thursday. CR gave no explanation as to why the transcript was not produced. Multiple judges caught wind that this particular CR was in court and either logged onto zoom or appeared in Delancy’s courtroom. There apparently had been multiple rules issued in multiple divisions against this same CR for this same issue. Many of those cases however, had since resolved. It is unclear whether or not there are open cases pending resolution where this CR’s transcript(s) are currently holding up the process.
The supervisor explained that she attempted to get several transcripts from the CR over the course of 2 years. Initially the CR gave excuses for why they were late. Then the CR basically said she wasn’t going to do them and quit. When the supervisor asked CR for the audios for the proceedings so the supervisor could produce the transcripts from the audio herself, CR told the supervisor to “contact her attorney.” All of this was said on the record in front of Delancy. There was no explanation given by CR for the lack of production of the transcripts. She did however, say she was not thumbing her nose at the court.
Delancy made it clear that contempt proceedings would be held on Tuesday of this coming week. CR stated she did not have money for an attorney, at which time both the PDs office and regional counsel immediately conflicted due to their own issues with this CR and missing transcripts. The issue of release was addressed and delancy set a 25k bond and did not grant CR’s house arrest request. Friday morning CR was granted HA as a write in seemingly at Delancy’s direction.
The contempt proceedings are still slated for Tuesday. If you’re a defense attorney it’s understandable that you wouldn’t want a CR or anyone else, in jail. But I would imagine that it would be outrageous to you that a CR’s failure to do their job would lead to your client’s or any other defendant’s case being stalled, whether they are in or out of custody.
1- read the Op ed- the judge talks about being married and how his wife knows all of his decisions and he could not imagine his wife doing something like that to jeopardize his career-
2- I am WAY BIG ON APPLE and here is why. AI is the next industrial revolution. The Nvidia chips will filter down into sites with programs that will need apps to run them. And on what platform do we use apps? Phones and who is best set up for those apps? Apple!
So while Jim Cramer raised his target on Apple to 275 in a year I am thinking 300 in 18 months. Watch Apple and when it breaks 200 and holds then I would be a big buyer on momentum. As well as 220 and 230 calls going out as far as possible.
Nivida is a tougher call. Im in a 250-300 and I bought a ton of 950 calls these past few months. I took my profits in the calls but as a value investor I think Nivida goes side ways for a while. Maybe 1050 or 1100 and maybe 900-920 on some bad news at which point I am buying again because the stock is fairly priced at 1000 and still has a very very large moat protecting its business for at least 2 more years.
It's almost like those executions happened decades ago
I'm sure no other country in the world was executing people in the early/mid 20th century... I wonder if those people were presumed innocent or had to be found guilty beyond a reasonable doubt?
If we are the same as other countries then we are not better. And I doubt Canada or Norway or Sweden or Denmark or others were executing black teenagers or any teenagers for that matter for any reason much less the death of a white woman who was most likely murdered by her abusive ex husband.
Rumpole. God bless you for your financial analysis on the tech world. You obviously have deep knowledge as to how to invest and understand options.
Very impressive.
I have to thank you because I have followed your analysis and guidance and it has led me to be truly wealthy and never ever need to work again.
My money investments now make me more in a week than I ever made in a year as a lawyer. Even when the portfolio goes down - it is at a new high within a relatively short period of time.
Nvidia and Apple are once in a lifetime gifts. I hope that your readers follow your guidance and have financial freedom.
God bless you Rumpole. Law is not the only thing you have mastered in life.
I am sure I know who the court reporter is. She had major mental health issues. At one point she threatened suicide when told she had to finish my transcripts. If Delancy put her in jail for a night to force her to finish transcripts, I have zero problem with it. The people waiting for transcripts spend much more time in jail. I do feel bad for her but nobody forced her to sign up for the job and the job requires producing transcripts.
Here’s a pretty fun watch, featuring Talpins and Judge Fajardo (thank goodness she’s a civil judge now) from May 9, 2024. Quoting Talpins at 1hr 1min… “let me give you an example of some generalities I totally disagree with ‘incarceration increases recidivism,’ that might be true of low level offenses… you know where you don’t get recidivism? If I put somebody in prison for life with no chance of parole. 0% recidivism. So, don’t tell me it’s going to increase recidivism.”
https://www.youtube.com/live/jJXhb7zViM4?si=dFdGW_us6V7S1lWr
I predict NVDA will be selling for under $150 within the next month.
Since we are mentioning George Stinney, I also ask for people to consider the case of Willie Francis as well. He was likely around age of 15 when the alleged murder that he was found guilty of took place.
So not only was he a juvenile being executed, but because his first execution attempt was botched, his lawyers fought to keep him from having to face a second execution attempt. The U.S. Supreme Court shut down those arguments relatively quickly, resulting in a great tragedy. He was at 17 at the time of the final execution (the second and successful attempt).
Willie Francis, a 15-year-old African American, was executed for the murder of Andrew Thomas in Louisiana. The fairness of his execution is questioned due to several critical issues. At the time of his arrest and trial, Francis was only 15 years old, a factor that should have influenced the handling of his case with greater care and consideration for his youth and vulnerability. The initial attempt to execute Francis in May 1946 failed due to a malfunctioning electric chair. He was subjected to intense pain and suffering, which raises ethical and legal concerns about the process's humanity and justice.
Willie Francis' defense attorney, identified as ineffective, failed to provide an adequate defense. The defense attorney did not thoroughly investigate the case or prepare a robust defense strategy, missing opportunities to challenge the evidence and witness testimonies effectively. His attorney lacked the necessary experience and resources to defend a capital case, which contributed to a poorly handled defense that did not protect Francis' rights adequately.
Willie Francis was likely framed for the murder due to several suspicious circumstances. The murder weapon belonged to a local police officer, casting doubt on how a 15-year-old boy could have obtained it without assistance or complicity from someone in law enforcement. The evidence indicated he was not even likely in the area when the weapon was alleged to have been stolen. There remained the possibility that as the officer could have been the actual murderer, that he reported it stolen to throw the possibility of anyone pointing to him as the guilty party.
The execution of Willie Francis violated the Eighth Amendment, which prohibits cruel and unusual punishment. The botched first execution caused extreme physical and psychological trauma, which in itself could be considered cruel and unusual punishment. Executing a minor, especially under such controversial and harsh conditions, raises serious constitutional questions. Modern interpretations of the Eighth Amendment consider the execution of minors and the mentally impaired to be inhumane and unconstitutional.
The case of Willie Francis highlights significant issues of fairness and justice. Francis’ youth, the likely framing, and the racial context contribute to the view that his execution was profoundly unjust. His inadequate defense further exacerbated the miscarriage of justice. The failed execution attempt and the broader context of executing a minor likely violated constitutional protections against cruel and unusual punishment.
This case underscores the value of not only having competent legal representation, but also the need to protect the rights of vulnerable defendants, juveniles like George Stinney and Willie Francis, and adhering to humane standards in the justice system.
I mentioned the case in my St. Thomas Law Review article, "Your Lethal Injection Bill: A Fight to the Death over an Expensive Yellow Jacket", 24 St. Thomas L. Rev. 248, 283 (2012), which was an overall generalized evaluation of the history of the death penalty in America up to that time. Our country definitely botched this and many cases during that past era.
Woody Clermont
At 5:04:00 AM - I'd think so too, since it's splitting 10-1
"I am sure I know who the court reporter is. She had major mental health issues. At one point she threatened suicide when told she had to finish my transcripts."
She "had major mental health issues"? Is this the first we have learned of her mental health issues?
If there were signs of mental problems before, why are the courts and the reporting firm relying on such a person to produce legally important transcripts for criminal trials?
I know her too and stopped using her services when she got a bit crazy.
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