Recent Experiences with Northampton
On February 15, 2007 I had cause to go to the Northampton (Massachusetts) District Court in order to file an application for a criminal complaint in a Show and Cause Hearing.
You must understand that, when a private citizen files a criminal complaint in the Commonwealth of Massachusetts, he has to file an application for a Show and Cause Hearing. He can not lawfully prosecute anyone. That responsibility belongs to the criminal prosecutor. Instead, he has to provide "probable cause" by proving a crime had been committed and that the accused may be the responsible party. A successful hearing in a Show and Cause Hearing is not a conviction but must go directly to the criminal prosecutor for prosecution of the accused. Once this happens it is out of the accuser's hands as he becomes a witness for the prosecution. I have done this several times in the last 20 years and, believe me, it can be dangerous and a little difficult, particularly with a conflict of interest between the prosecution, judge and the various parties. Or, for some reason, the prosecutor or judge decides he doesn't like me.
However, on this day, when I attempted to file the application, with its two affidavits and nearly 50 pages of appendices for seven defendants, a female clerical assistant refused to accept the application or to allow me to fill out the paperwork. She made fun of my not being an attorney. She demanded the solution was for me to go directly to the U.S. District Court in Springfield to file this complaint although she knew nothing about the issues, details of the controversy or the identity of the accused or, for that matter, my identity as well. Her motive was out of a prejudice of non-attorneys operating pro se (representing myself), I discovered later. Since I haven't worked with the Northampton District Court in nearly 25 years I was unaware of the extreme prejudices against non-attorneys, putting me at an enormous disadvantage. I didn't truly realize some people can be so stupid. I should have known better.
I got angry and called her a liar, dishonest and incompetent for lying to me and giving me incompetent advice.
An Assistant Clerk, Jay Morin, came up to me for an explanation; however, before I could explain myself, he interrupted me and lied about the Court's jurisdiction. Though he didn't know anything about the complaint, either; its issues or the nature of the controversy or the accused; or the accuser, he pretended I was at the wrong courthouse. "We don't have jurisdiction," he said. I called him a "liar and fraud" and made sure everyone in that room heard me. At that point in time I was getting very angry with their collective fraud, dishonesty and prejudices. Several members of the Clerk's office watched me with great apprehension. They knew they were wrong but, out of false pride and stupidity, simply could not admit wrong or back away with some silly rationalization, as is the case sometimes when people finally recognize their wrong during a heated argument. They may pretend to have misunderstood my original intention and back away.
Frustrated, I left the courthouse and immediately went to the Northampton Police Department to file a complaint again Assistant Clerk Jay Morin. Again, I ran into precisely the same set of prejudices. The officer at the desk resolutely refused to allow me to see a detective or to file a complaint even though he, like the others, knew nothing about the complaint, me, the accused or the issues. He was just a stupid old man operating out of an extreme prejudice who obviously, like the others, required extensive psychiatric treatment and, perhaps, some prison time for a "reality check." They need to grow up into real mature adults and learn to use and interpret information correctly.
Again, frustrated, I went to the Massachusetts Attorney General's office on Pleasant Street in Northampton to file a complaint against members of the Clerk's office and the officer at the desk.
I walked into the building; went up stairs and spoke to the Receptionist who, unlike the others, treated me respectfully. I had asked permission to speak to an assistant district attorney, or to someone with authority. Within a few minutes two "Troopers" came over to me -- one male and one female. They identified themselves as members of the Massachusetts State Police. The male "Trooper" carried a sidearm and the female "Trooper" appeared to have been unarmed.
Immediately, as I attempted to explain the problem, the male "Trooper", repeatedly interrupted me with irrelevant questions, each time causing a shift in the main topic as I would attempt to answer his questions. This foolish and neurotic little man continually interrupted me every few seconds with irrelevant questions preventing me from presenting my case. It didn't take long for me to realize he simply didn't want to listen to me and I am certain he had no clue to the nature of my complaint or the identity of the accused. I never got far enough to present my complaint. He was a fool playing games with a total stranger out of prejudice. After about 30 minutes of this foolish and thoroughly ignorant nonsense, he ordered me out of the building. I am certain he had no such authority but left the building anyway when I realized there was no point in my staying any longer.
Within the hour, after arriving home, I called my state Senator Michael Knapik in Westfield. I spoke to his assistant. His name was Dan. He listened attentively and took notes and, after we had hung up, began to research the subject. I did the same thing. Later, Dan called me to contact the Attorney General Richard Steward. I did and spoke to him at great length concerning this subject. I went into complete detail of my experiences as he wrote extensive notes.
Interestingly, he was already aware of this problem of various local state district courts playing games with non-attorneys operating pro se and refusing to process their paperwork in the commencement of a criminal complaint. He told me there were several communities through-out the Commonwealth playing the same game. Until that day I was unaware of the problem but, in retrospect, now realize I have been subject to this prejudice on several important occasions without my realizing it. That would immediately explain several incidents over the years as I would attempt to resolve a variety of legal problems, such as one particularly troubling experience with the Chief Justice of the Supreme Judicial Court of the Commonwealth of Massachusetts in the late 1990's.
I also sent out several e-mail messages to the Northampton Mayor's Office, the Northampton Police Department and the Department of Public Safety.
Both the Northampton Mayor's Office and the Northampton Police Department ignored me. They never responded although I did make two separate telephone calls to the Mayor's Office. In one instance I left a message in her voice mail and, in the other instance, I may have spoken to her secretary. In any event, nothing became of it.
Almost immediately, after sending my complaint via e-mail to the Department of Public Safety, it was forwarded to the Department of State Police. I received a telephone call from Detective Lieutenant Lauria. At first he spoke to me respectfully; however, within a minute or two, he started a game of interrupting me as I attempted to explain my complaint against the two "Troopers" in the Attorney General's office, the same game the male Trooper played with me. I got angry and rebelled against his abusive behavior. Enough was enough! I said to him. I don't have to put up with this abuse.
Lieutenant Lauria at first reacted angrily but, after a moment of thought and reflection, realized he had been wrong with me. Then, to my surprise, he apologized to me. With my sense of ethics and logic, in recognition of his desire to be honest with me, I accepted his apology. Then things began to settle down when he began to properly listen to me. Within a few minutes he had a solid grasp of my complaint.
A few days later, on February 22, 2007, I received a very nice letter from Marian J.McGovern, Lieutenant Colonel of the Massachusetts State Police in Framingham, Massachusetts. He expressed regret I was subjected to such experiences and promised a complete investigation. That was nice!
You must understand that, when a private citizen files a criminal complaint in the Commonwealth of Massachusetts, he has to file an application for a Show and Cause Hearing. He can not lawfully prosecute anyone. That responsibility belongs to the criminal prosecutor. Instead, he has to provide "probable cause" by proving a crime had been committed and that the accused may be the responsible party. A successful hearing in a Show and Cause Hearing is not a conviction but must go directly to the criminal prosecutor for prosecution of the accused. Once this happens it is out of the accuser's hands as he becomes a witness for the prosecution. I have done this several times in the last 20 years and, believe me, it can be dangerous and a little difficult, particularly with a conflict of interest between the prosecution, judge and the various parties. Or, for some reason, the prosecutor or judge decides he doesn't like me.
However, on this day, when I attempted to file the application, with its two affidavits and nearly 50 pages of appendices for seven defendants, a female clerical assistant refused to accept the application or to allow me to fill out the paperwork. She made fun of my not being an attorney. She demanded the solution was for me to go directly to the U.S. District Court in Springfield to file this complaint although she knew nothing about the issues, details of the controversy or the identity of the accused or, for that matter, my identity as well. Her motive was out of a prejudice of non-attorneys operating pro se (representing myself), I discovered later. Since I haven't worked with the Northampton District Court in nearly 25 years I was unaware of the extreme prejudices against non-attorneys, putting me at an enormous disadvantage. I didn't truly realize some people can be so stupid. I should have known better.
I got angry and called her a liar, dishonest and incompetent for lying to me and giving me incompetent advice.
An Assistant Clerk, Jay Morin, came up to me for an explanation; however, before I could explain myself, he interrupted me and lied about the Court's jurisdiction. Though he didn't know anything about the complaint, either; its issues or the nature of the controversy or the accused; or the accuser, he pretended I was at the wrong courthouse. "We don't have jurisdiction," he said. I called him a "liar and fraud" and made sure everyone in that room heard me. At that point in time I was getting very angry with their collective fraud, dishonesty and prejudices. Several members of the Clerk's office watched me with great apprehension. They knew they were wrong but, out of false pride and stupidity, simply could not admit wrong or back away with some silly rationalization, as is the case sometimes when people finally recognize their wrong during a heated argument. They may pretend to have misunderstood my original intention and back away.
Frustrated, I left the courthouse and immediately went to the Northampton Police Department to file a complaint again Assistant Clerk Jay Morin. Again, I ran into precisely the same set of prejudices. The officer at the desk resolutely refused to allow me to see a detective or to file a complaint even though he, like the others, knew nothing about the complaint, me, the accused or the issues. He was just a stupid old man operating out of an extreme prejudice who obviously, like the others, required extensive psychiatric treatment and, perhaps, some prison time for a "reality check." They need to grow up into real mature adults and learn to use and interpret information correctly.
Again, frustrated, I went to the Massachusetts Attorney General's office on Pleasant Street in Northampton to file a complaint against members of the Clerk's office and the officer at the desk.
I walked into the building; went up stairs and spoke to the Receptionist who, unlike the others, treated me respectfully. I had asked permission to speak to an assistant district attorney, or to someone with authority. Within a few minutes two "Troopers" came over to me -- one male and one female. They identified themselves as members of the Massachusetts State Police. The male "Trooper" carried a sidearm and the female "Trooper" appeared to have been unarmed.
Immediately, as I attempted to explain the problem, the male "Trooper", repeatedly interrupted me with irrelevant questions, each time causing a shift in the main topic as I would attempt to answer his questions. This foolish and neurotic little man continually interrupted me every few seconds with irrelevant questions preventing me from presenting my case. It didn't take long for me to realize he simply didn't want to listen to me and I am certain he had no clue to the nature of my complaint or the identity of the accused. I never got far enough to present my complaint. He was a fool playing games with a total stranger out of prejudice. After about 30 minutes of this foolish and thoroughly ignorant nonsense, he ordered me out of the building. I am certain he had no such authority but left the building anyway when I realized there was no point in my staying any longer.
Within the hour, after arriving home, I called my state Senator Michael Knapik in Westfield. I spoke to his assistant. His name was Dan. He listened attentively and took notes and, after we had hung up, began to research the subject. I did the same thing. Later, Dan called me to contact the Attorney General Richard Steward. I did and spoke to him at great length concerning this subject. I went into complete detail of my experiences as he wrote extensive notes.
Interestingly, he was already aware of this problem of various local state district courts playing games with non-attorneys operating pro se and refusing to process their paperwork in the commencement of a criminal complaint. He told me there were several communities through-out the Commonwealth playing the same game. Until that day I was unaware of the problem but, in retrospect, now realize I have been subject to this prejudice on several important occasions without my realizing it. That would immediately explain several incidents over the years as I would attempt to resolve a variety of legal problems, such as one particularly troubling experience with the Chief Justice of the Supreme Judicial Court of the Commonwealth of Massachusetts in the late 1990's.
I also sent out several e-mail messages to the Northampton Mayor's Office, the Northampton Police Department and the Department of Public Safety.
Both the Northampton Mayor's Office and the Northampton Police Department ignored me. They never responded although I did make two separate telephone calls to the Mayor's Office. In one instance I left a message in her voice mail and, in the other instance, I may have spoken to her secretary. In any event, nothing became of it.
Almost immediately, after sending my complaint via e-mail to the Department of Public Safety, it was forwarded to the Department of State Police. I received a telephone call from Detective Lieutenant Lauria. At first he spoke to me respectfully; however, within a minute or two, he started a game of interrupting me as I attempted to explain my complaint against the two "Troopers" in the Attorney General's office, the same game the male Trooper played with me. I got angry and rebelled against his abusive behavior. Enough was enough! I said to him. I don't have to put up with this abuse.
Lieutenant Lauria at first reacted angrily but, after a moment of thought and reflection, realized he had been wrong with me. Then, to my surprise, he apologized to me. With my sense of ethics and logic, in recognition of his desire to be honest with me, I accepted his apology. Then things began to settle down when he began to properly listen to me. Within a few minutes he had a solid grasp of my complaint.
A few days later, on February 22, 2007, I received a very nice letter from Marian J.McGovern, Lieutenant Colonel of the Massachusetts State Police in Framingham, Massachusetts. He expressed regret I was subjected to such experiences and promised a complete investigation. That was nice!
posted by Alvah Buckmore, Jr., at 4:03 AM
0 Comments:
Post a Comment
<< Home