Yesterday morning the Rabbi Greer appeal was heard before the Second Circuit Court of Appeals in Foley Square, New York. Greer appealed the $15 million verdict. Avi Hack appealed Judge Shea’s order to release his videotape deposition to me.
Only three Judges were on the panel hearing the Greer case. Judge Chin was the Master of Ceremonies. Judge Denny Chin is a Princeton graduate and was appointed by Obama. Chin worked for Davis Polk for a while and also did a stint with the G-men at the Office of the United States Attorney. Chin sentenced Bernie Madoff to 150 years in Federal prison. If Madoff behaves in prison he will get ten percent knocked off his sentence, or 22 years. Madoff does not qualify for compassionate release. Madoff may be able to get out earlier to home confinement under the First Step Act, if he is still alive in a hundred years.
Judge Susan Carney is a Harvard grad who was appointed by Obama. After working for a few high powered law firms representing non profits Carney worked as Yale’s General Counsel before getting appointed to the Second Circuit. Carney lives in the New Haven area and her husband is a journalist. I may have run into these people hanging out with local Communists Paul Bass and Chris Peak and didn’t even realize it.
Judge Brenda Sannes was appointed by Obama to the Northern District of New York. Sannes is not a full member of the Second Circuit. Sannes was pinch hitting. Sometimes the Second Circuit brings in District Judges to sit on the panel to hear cases. Sannes is a former US Attorney and is married to the Chief US Attorney of the Northern District of New York. Fortunately they live in the Syracuse area in Upstate New York, far beyond the jurisdiction of Larry Noodles and his convict friends.
I entered the Second Circuit Courtroom just as the Clerk was calling my name. He told me to sign my name in the sign up sheet next to all the attorneys. I was allowed to argue the issue of Avi Hack’s videotape pro se. I represented myself on behalf of the press, on behalf of the public, on behalf of the people, on behalf of Michael Cohen, on behalf of convicts everywhere.
The courtroom was packed with members of the press. They were there for a pension case against the New York Times. NY Times delivery drivers were suing over their pensions. The paper boy case. That case went first. Next came a wrongful discharge of employment case based on race and gender. The attorney who argued this case started out by apologizing to the Panel. She said had to use vulgar language to describe what her African American female client was called at her place of employment, such as “Black bitch.” The attorney used many other profanities that are too vulgar for me to post. This blog is rated PG13. The attorney told the Panel that her client was the same skin color as her, a light chocolate. I didn’t see how that was relevant to her case, but I couldn’t say anything, the marshals would have thrown me in jail again. The case after that was passionately argued by a female attorney from the Federal Public Defenders Office. She said her client killed his victim in the heat of passion. Judge Chin told her that her client got in a physical fight with the victim, then went home and got his gun, then came back and shot the guy in the head and then shot him six more times while he was on the ground. Chin could not understand how this shooting could have been in the heat of passion.
The Greer case was last. David Grudberg argued first on behalf of Rabbi Greer. Grudberg spent some time explaining the background of the case. Judge Chin told Grudberg that he should skip to his arguments, as he already used three minutes of his ten minutes talking about the Goat, the compound, Mr. Robot and the Undertaker. Grudberg said that the verdict was a runaway verdict, it was way too high. Judge Chin said that if the Greer case were tried in New York $15 million would not be very high by New York standards. Chin said that Connecticut had a few other very high verdicts. Grudberg didn’t have much of a response and moved on to his next argument. Grudberg argued that Judge Shea should have reopened the case to allow a witness who came forward after the verdict to testify about how he taught at the Greer school many years ago and Avi Hack forced him to change a grade for Mirlis. Judge Chin said that would set a bad precedent, as anyone could come forward after a verdict they didn’t like and try to reopen the case. Grudberg also argued that Judge Shea allowed Attorney Ponvert to ask Greer too many questions that forced Greer to invoke the Fifth Amendment. Grudberg didn’t like it that Greer had to say “I invoke my right not to answer the questions under the Fifth Amendment” ten times. Grudberg said that the Goat should have taken the Fifth one time, which would have applied to all the questions. Chin didn’t seem too excited about this argument.
Attorney Ponvert argued next. Ponvert argued that Grudberg let Ponvert ask many questions during trial which caused Mr. Greer to invoke the Fifth Amendment. Grudberg never objected to these questions during trial. How could Grudberg complain now? Judge Chin focused on a different issue. Chin didn’t like Ponvert’s closing argument in which he told the jury that Rabbi Greer and his antics during trial showed his contempt for the proceedings. Chin said that the jury could have concluded that since Greer was contemptuous of the proceedings, he was also contemptuous of the jurors. If Chin ever met the Goat he would realize that the Goat is contemptuous of everyone and everything. The Goat looks down on everyone. Nobody is as good as the Goat. People exist only to serve the Goat.
I was up next to argue. Avi Hack’s attorney was a no show. He either got stuck in traffic or is still owed legal fees by Avi Hack. I argued that Judge Shea properly followed long standing Second Circuit precedent in ordering the release of Avi Hack’s videotape to me. Judge Carney was the only Judge who asked me questions. She was wondering why I wanted to post his videotape on the internet. I told her that his videotape would encourage other victims to come forward, as victims are ashamed to come forward, especially male victims of rape. Carney asked me about Avi Hack’s right to privacy. I told her that Avi waived his right to privacy by avoiding service of the subpoena to compel him to appear in court and by never filing anything to keep the videotape sealed until after the trial was long over.
Judge Chin did not make a ruling on the Goat case. Chin said he will be receiving a decision in the mail. I will be waiting by my mailbox. After the proceedings I visited the Twin Tower memorial which was a few blocks from Foley Square, like a good American. Ponvert spent the day hanging around Manhattan with a friend who met him in the courthouse. The life of a high flying personal injury attorney at Koskoff & Koskoff. Grudberg had to get back to his office in New Haven and work on the Goat’s many cases. It takes a wet dream team to defend the Goat.
After visiting the Twin Towers memorial I made my way to Little Jerusalem, ie., Boro Park, the chicken shmaltz capital of the world, for the wedding of one of my old bunkies from Otisville. Jack told me to write about his wedding, so I am not violating any convict-unlicensed attorney client privilege. Jack is related to the Rubashkin family, so there were a few celebrities present at the wedding. When I first met Jack in Otisville he could not understand why he was given Meal Mart kosher frozen microwave dinners consisting of mashed potatoes, peas and mystery meat or a piece of tilapia while I was eating fresh vegetables, tomatoes and romaine lettuce. He was especially interested in romaine lettuce. I told him that I worked at the warehouse and smuggled the food back to my bunk. He asked me if I could do the same for him. I told him that if I got caught smuggling more than my personal supply of food I could get thrown in the SHU. Other guys told him he had to buy special food items from inmates who either worked in the kitchen or the warehouse. Jack complained to Mshulem, who ran the kosher kitchen closet. Mshulem grunted and yelled and gave Jack a candy bar to keep him quiet. Jack had a hard time adjusting to Otisville. He got the Russians mad at him. He referred to them as “the Red Army.” He got in many fights with these guys when he first arrived. It took Jack a few months to settle down. Eventually Jack became a model inmate and started learning chumush with Rabbi Pinter. Jack was locked up for selling knock off Ray Ban sunglasses and sponge Bob square pants tee-shirts. Jack noticed that many of the guards were wearing cheap sunglasses. Jack offered to get them Ray Bans. I believe some of the guards negotiated a few deals with Jack. Welcome to Otisville.
There were a total of eight felons at Jack’s wedding, that I knew of, six graduates of Otisville Federal prison and two graduates of the Federal prison in Miami: myself, Jack, Chaim, Yossi, Jeff, Moshe, Moshe’s son, & Uncle Milty. Outside of the wedding hall where Jack got married the Hasidim in Boro Park closed off the streets and poured vegetable oil on a giant blob. Not sure what the blob was made of. There may have been a few felons in the crowd of Hasidim. The Hasidim lit up the blob and danced to loud Yiddish trance-industrial music thumping on giant speakers. This would never be allowed in Otisville. Moshiach Now!