Thursday, April 30, 2009

The Flacks Report [25 April 2009]

More on Nora Anderson---M.T.A. Fare Hikes in Detail---The Manh. D.A. Race---Possible Scenario for the Manhattan Judiciary?---Another Public Advocate Candidate---The End of the Rockefeller Era

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The Nora Anderson Story, cont'd

Here's an up-date on N.Y. County Surrogate Nora Anderson.

It is difficult to encapsulate in just a few paragraphs all the allegations of and responses to the ten-count indictment brought by D.A. Morgenthau against Surrogate Nora Anderson (and her former boss Seth Rubenstein). Some say it was a selective prosecution and politically motivated because Morgey at the time was running for re-election, and he was concerned that Leslie Crocker-Snyder would make an issue of Anderson if Morgey did nothing. Some say the charges are weak and will not stand, while others have already “convicted” her.

The D.A. paints an illegal scenario: Anderson is alleged to have filed false instruments with regard to her campaign last year, instruments which either are or aren’t “business records,” and engaged in financial transactions to get around campaign contribution limits, while asserting the money given as a gift was hers to use in her campaign.

Defendants made an omnibus pre-trial motion to dismiss arguing that there is nothing illegal, there is no proof, there is no criminal intent or knowledge, and there is no “injured forum” or effect on or harm to the citizens of New York County. Further that the court lacks jurisdiction because the indictment was brought in the wrong venue (relying on Stanley Steingut et al. vs. Eugene Gold et al., 42 NY 2nd 311). As the transactions did not occur in New York County, Morgenthau cannot bring an indictment [Should the Kings County D.A. extradite Nora from Manhattan?]. Also that some of the counts are defectively pleaded in that they are duplicitous in alleging more than one crime in a count. [On March 26th of this year, the Court of Appeals ruled in Peo. vs. Bauman that there is to be strict compliance with CPL 200.30—each count of an indictment must charge only one offense.]

The District Attorney's response is basically that there is sufficient evidence, the counts are not "duplicitous," and that New York County was "harmed." The case resumes Friday, 22nd May, 2009, before Judge Michael Obus.


M.T.A. Fare Hikes in Detail

See al
l the looming fare hikes and service cuts:

The N.Y. County District Attorney's Race

Here's an interesting synopsis worth reading on the D.A.'s race to date:
And this:


Possible Scenario for the Manhattan Judiciary?

Heard around the courthouse: another scenario on the John Stackhouse 1st Judicial District Supreme Court vacancy has it that O.C.A. would like to keep Joan Carey on the bench. She's reached the mandatory retirement age, but as a Court of Claims judge, she may not continue. So, O.C.A. is said to be "pushing" for the Governor to appoint her to Stackhouse's vacancy when he leaves on Wednesday, 29th April, 2009 (his last day). [Carey would have to clear the Governor's screening panel first, and then next year she could be "certificated" to serve for up to another six years as a J.S.C., but is not be allowed to be an administrative judge].

Were this to occur, then there would be a "wide-open seat" at the New York County Democratic Party's September judicial convention. However, Carey hasn't decided as of this writing whether or not she wants to continue or to retire. If she takes the interim appointment (and thusly becomes a full-fledged J.S.C.), would she feel obligated to stay on? Stay tuned.

If, however, someone else is appointed, and confirmed by the State Senate Judiciary Committee before June 1st, that person would be considered an incumbent under the New York County Democratic party rules. And under the "old boy/old girl" schema the interim appointee would not be opposed at the September judicial convention. And what of it? Another "un-elected" public official (for fourteen years). The Guv, by appointing an interim J.S.C., effectively determines the outcome of September's judicial convention process under the County rules!

Another Public Advocate Candidate?

Retired Judge Eileen Nadelson is considering a run for Public Advocate on an other-than-Democratic line via a "Wilson-Pakula" designation in the November General.


The End of the Rockefeller Era

For years New York's harsh drug laws put all power in the hands of prosecutors and favored punishment over treatment. This month, that changed. A state Supreme Court judge examines the shift.


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