Thursday, June 26, 2008

The Truth About Richard Olivito's Ability to Practice Law As Per Seventh District Court of Appeals: Reversal of Lower Court's Mental Health Order

The Seventh District Court of Appeals is not an easy court to either practice before nor
necessarily win over to one's side of a high legal argument w/o doing one's
serious homework. Yet this is precisely what Attorney Richard A. Olivito
has done several times when his case's have appeared in front of the Mahoning
County Based regional court of appeals located in Youngstown, Ohio.

The State v. Williams case is just such a case that denotes what type of work
the court has recognized for Mr. Olivito's efforts and this is in addition to other
cases which have been decided in favor of the legal arguments presented mainly
by Mr. Richard Olivito before the same Seventh District Court of Appeals for
the past decade or more, prior to his recent issues w/ the Supreme Court of Ohio.

Please read the case as linked at the right of this article in the links spot and see
a lawyer's how hard work on a relatively minor but signficiant local legal case makes
a lawyer proud and helps to change a community and a municipal court's rulings in
relation to real live clients and helps define an entire municipal courts' policy inside
a significant metropolitan region.

At the same time this same decision made just prior to the time that several disciplinary
counsel have challenged Mr. Olivito over bespeaks a totally different view and account of the efforts of at least one set of lawyers...the state discipilnary counsel and those local disciplinary counsel for the very same county wherein the Seventh District Court of Appeals resides....as to whether or not Richard Olivito is capable of competently representing the public and his clients
either by criminal appointment and /or inside his numerous civil rights litigation claims.

The fact that his work can both presentserious propositions of law and result in making a difference with legal merit for various clients and other related issues before courts w/ direct personal knowledge of his work speaks to the very issues that so recklessly being
tossed about and promoted by some very negative lawyers who work for the
state's disciplinary system.

What is behind this obvious comparison between what state and local governmental bar association lawyers are claiming are the problems w/ Mr. Olivito's practice and what
actual real courts have decided, including courts of appeals decisions like the Williams case demonstrate is something that goes to the both the heart of the issue presently before the
Ohio Supreme Court in relation to Mr. Olivito's ablity to practice law and yet in some ways, is well beyond this present posting

But it also stands in part, for the proposition that there just possibly may be an agenda for why such serious mis representations promoted and generated by governmental lawyers on behalf of largely vested special interests are being bantered about inside various modes of legal briefs and made-to-order special ethics board's "orders" which in turn are causing entire high courts like the Supreme Court of Ohio to take an extreme position in regards to a solo lawyer like Richard Olivito who happens to know a thing or two about fundamental constitutional rights within the special field of law called Section 1983 litigation where he has not been afraid
to speak out about the same issues strongly on behalf of his clients impacted civil rights.

Read and see what the difference between what Ms. Brown has presented inside her one sided self interested and extremely biased and unsupported legal brief about Mr. Richard Olivito's competence and what Mr. Olivito's legal abilties are and what a real genuine court of law says through an actual in court legal appellate argument he is capable of presenting on behalf of true and geniune real clients and people of Ohio. Even the highest court of the entire Youngstown
Court system would seem to disagree the kinds of things said about Mr. Olivito and his ability
to practice on behalf of clients within the region and across the state, as many of his actual
clients realize.

The Seventh District Court's opinion here linked at the initial sidebar, states in clear language:

"The record also reflects that the mental health evaluation would serve no purpose to the contempt that occurred here. If he submits to the evaluation, he stil must serve the sentence in jail. It is an order to submit to an evaluation, not counseling. Thus, it has no rehabilitative, restorative, or even punitive effect, as sentencing is designed to achieve.

Furthermore, there is nothing in the record of this case or evident in the court's findings demonstrating that a mental health evaluation is relevant or proper.

The record does not reflect a history or indication of mental health issues. The presentence investigation mentions nothing about mental health issues and opines that appellant is in good health. Accordingly, based on the record here, this court hereby deletes the portion of the sentence ordering appellant to submit to a mental health evaluation."


This is the actual language of the real higher court of appeals decision that was reached a year prior to the State Disciplinary Counsel's attempt to do the very same thing

This appellate decision was handed down after a full briefed and argued appeal, which included an oral argument on the issue as well as year long appeal which was taken by myself against the lower Youngstown Municipal Court's attempt to place me in jail for thirty days for a failure to obtain a "mental health evaulation" . (noting the irony of a court that said in order to "help" me they thought a heavy handed 30 jail sentence done in public, was the proper way to "coerce" me into seeking such help!)

I actually did serve a day in jail on this sentence and was taken to jail, in a suit, in leg irons and hancuffs, in full view of the local media and many local lawyers. It was a circus and a local deputy who escorted me out of the court room in leg irons, told me he has NEVER in thirty years of assisting in that court room, seen any thing like the way I was treated.

Thankfully, there is a very independent thinking and apolitical enough court of appeals, that saved me from much of the harshness of what happened in the good judge Millich's courtroom in March of 2004.
Curiously, the respected Seventh District Court of Appeals, which resides in Youngstown itself, was very familiar w/ my legal work and abilities,
knew not only was there "no basis in the record" for such a order, but there
simply never was such evidence to create this false light issue about my mental health whatsoever.

Saturday, November 17, 2007

460 Billion Dollars, Mingo Jct, A Great Film and Angela Jolie's Lifespan

Congress gave its approval for an additional 460 billion to Bush's nice little war

and Hallliburton /KBR will only get richer despite its record breaking fraudulent contracts

and we in the Ohio Valley and in places like this across Ohio and the midwest, continue to

become Mingo Jct.

What is Mingo Jct? Its the town where the opening scenes of the Deer Hunter movie

was filmed and the infamous bar/pool table shooting scene was filmed w/ actors Robert Dinero

and Angelo Jolie's father among others.

Its also the ugly 'living' example, if living can describe a word about the dead, and how

southeastern Ohio and many small towns people, in a different but not too distant past,

paid a price during another bad western misguided war of adventurism in another era, about

what Vietnam did to many in such area, was a tragedy on the level that the Oscar winning film

captured on film as few others could before or since.

However, back to reality and back to the real town called Mingo Jct, in this era and what we

find now is this time such a similar serious national imperialistic war has basically ended this

town's existence as a once thriving, if not locally proud blue collar struggling economic

center of a border County mill town of over 75 yrs old, closely situated along the banks of the

Ohio river where every main street business and bar, save one or two are shuttered and/or

measured in the number of broken windows among its basic mainstreet buildings,

which help create the image of something out of a war torn shell of a former steel proud

downtown and local once vibrant area.

Not everything present has to do with the recent War in Iraq. The decline began decades ago.

But the sheer expenditures on the war in Iraq make literally no sense to the towns people and

families of those who have memories that date back to when Meryl Streep, Robert Dinero,

Christopher Walkin, Angela Jolie's dad and many others demonstrated their early Oscar level

acting talents on the big screen while staying at times among the homes of those families within

and often then were walking down the now defunct main street, of this same city just some

thirty years ago.

What happened here started long before Bush took the Whitehouse, but the last eight years

have decapitated or better stated, placed the coupd grace' on whatever hopes such small proud

mill towns across Ohio's eastern boarders like Mingo were clinging to for themselves. Long term

Republican rule inside our state only promoted serious declines for our region.

While Ohio's largest cities have held their own, mainly by infrastructure and local business

spending, many of Ohio's smaller cities have falled not only on hard times, but have actually

almost completely collapsed, literally failing to operate on any relevant social, economic

or cultural centers of a once proud modern american industrial history.

Taking a walk or simply driving through such cities, is an experience out of an almost surreal

landscape, especially if one has any personal ties or memories of this once extremely labor

intensive region.

Its not that people of the area still don't have a still strong work ethic and have by some

miracle managed to find a way to survive amazingly among the measureable decrease in their

respective towns and cities mainstreets, but its simply symbolic of an american era that has not

only all too quickly faded but somehow has completely been obliterated in less than a generation
since Angela Jolie has grown up to become a tabloid cover girl.

Its literally not only sad and tragic to see what has become of many of Ohio's smaller towns

and cities as functioning centers of once vital local economies but its beyond moral to speak in

the name of spending 450 billion dollars on the operational theatre of the Iraqi wars and having

to do "development initiatives" inside a sand driven culture and nation, but one which is so far

away from the Ohio River towns which now themselves not only need millions to just get

back to what they were before the recent steep decline inside Ohio in the past 10 years, but just

to begin to sense they are even part of any social or economic progress of a nation even capable

of expending this type of funding on a 'small war'...6,o00 miles away from Ohio.

The sheer stark differential in seeing one's own regional decline amidst a community which

gave so much to this country's industrial and infrastructural and even former world war

development by literally providing the very elements upon which that steel based growth

occured, is beyond one's own imagination. the scene reminds one of the ghost towns that littered
the west after the gold rush or after the railroads by passed a given community in the last

western frontier.

Its hard to believe this is east of Chicago by five hundred miles and yet it looks like some part

of southern montana or the dusk bowl of Oklahoma and Nebraska of almost acentury later.

What changed this landscape and what caused this delince? There is some local blame

undoubtedly for the same. However, much of the macro economics has to do with the national

industrial and economic policy of the United States itself.

Now, its sinister to suggest that these same remaining older generations have to live in and

amidst a dead and dying local culture and mainstreet which is literally boarded up like an old

crack house, across the entire small town and city mainstreets, and yet watch on our brand new

HD digital television cable news stations our present congress and president give hundreds of

billions of dollars to supposedly "save" a foreign nation or two for "democractic interests".

Even The Deer Hunter could not capture the emptiness of the meaning of such a misguided

war any better that to promise democracy in a culture which resisted the same for over a

thousand years. Not even Diniro driving deep into the nightlife to try to save a friend from the

culture of corruption in Saigon, could better display the true meaning of what war does to

individuals from small towns in the midwest than that of the stories coming out of Iraq today.

To say these present billions are "for our troops" is as about as cynical as it is immoral to

those small towns where most of these troops derive from across our country.

Its certinaly not being spent for the troops hometowns economies from where they mainly

derive. And if such soldiers today are lucky enough to come home without post trauma wound

or a real serious physical handicap, or in a body bag, like some modern day Diniro, to find

life changed, they will indeed, come home to the same dour, dying small towns with no real local

economy and which resemble in large measure, in certain respects, some of those war towns

and areas they have just fought within.

For those who merely were film auteurs in one's youth, inspired by a friend's obtaining an

extra part on the set of the Deer Hunter, today, hearing of these expenditures, its like living

within somekind of real life rod serling major production or sequence.

One can not imagine what a billion dollars is if one comes from this region of Ohio. Yet to

hear of 450 billion going to defense military contractors and then as one turns off the news and

drives ten mintues from the front porch of one's parent's home and takes a dark and foreboding

ride thru the same opening scene of the Deer Hunter's mainstreet of Mingo Jct, where one

cannot find a single operating business, for its entire length, save the last remaining tavern

or two, which stubbornly remains open at the still same operating but diminished yet surviving

steel mill gate , that was capured on film w/ Diniro forty years ago, such is a very surreal

experience for any sentient being.

It isn't that the people of Mingo and surrounding area are any less human, any less layered

than today, than those depicted in the Deer Hunter in the after math of yet another war brought
to us by Brown and Root from Texas. We however, thought that such major hollywood films

had in fact taught America and our present generation and its leaders that such western

adventurism had real serious consequences on real, geniune american lives from areas found

along the small towns of the midwest and our country.

This is a lesson that has been forgotten, if ever contemplated or even understood.

What is sad, its not just the people and the individuals that are still sacrificing themselves for a

misguided major national mistaken militaristic policy but its the fact that these among us, at the

congressional level can allow such a significant portion of our american fabric of small town

america to fall into outright decay and become engaged in their own homeland death cycle

fight, as is occuring within entire regions as they dissapate into abject poverty and social

decline, as if these parts of america matter less to them and were but pieces of a capitalistic

nightmare gone bad for these same proud regions, who have sacrificed their labors and poured

their sons and daughters blood in the name of american patriotism more than many other places
and yet today...are simply both forgotten and considered as expendible parts of the economic

"transformation" and inevitable "dislocation" of america's recent domestic and foreign policy

and its grostesque expenditures.

The symbolism of this stark reality is bigger than life and is something that needs to be made

visible and known to the nation if not the world

When a nation spends the kinds of billions on a foreign adventure and says its going to have to

spend billions more on development of those nations' it has destroyed with its misguigded

military adventurism, is it speaking rationally and reasonably when it does so, as if it show

casing something to the outside world that it itself has hidden to its own?

Is Mingo Jct and all the small towns of american who have experienced such serious delines in

recent era, been actually written off? The answer lies in the outward appearances of the cities

and towns and in the way the politicians both local, state and federal give lip service to the

notion that such areas are "ripe for a rebound" or "turnaround" but everyone knows they are

more likely ripe for their burial into the lost memory of a bygone era of a former recent but

lost american industrialism.

Its nothing short of an epoch historical change in the heartland. Yet, the billions spent in Iraq

are but a cold silent slap in the face and witness to the true immoral nature of yet another

seriously misguided expensive "little" modern American war. Its a shameful act of brazen

military spending when so many places in eastern Ohio are so desperately seeking merely to

find a way to literally survive as a corporate/social entity.

Nothing needs to be further stated about whether or not this war is to come to an end, when

one visits this entire region along Ohio's eastern border cities and towns.

If we spend billions to rebulild Iraq, as we seem to be committed to as the aggressor into that

nation's interior, then what is to come of Ohio's border's towns and cities?

What if any national committment to spend billions on rebuidling these areas of our own

nation is going to be committed to the families and individuals and towns and cities which have

simply given so much they are literally used up and worn down and completely ground down

into a fine dust, as if the mill itself, has now devoured even the life of the very cities they have

operated near to for four or five generations ?

It is almost beyond description to capture the ethos of hearing the nightly news reports of

how another 60 billion is going to be spent on this war, and yet to have lived long enought to

witness the serious decline of Ohio's infrastructure of many of its smaller towns, like those

along the eastern border from along Lake Erie itself, in the northeastern portion of Ohio like

Conneaut down thru Jefferson onto Warren, and Struthers on thru to Toronto, Steubenville

and Mingo Jct and Bellaire and beyond. Its a vast region

This governmental indifference breeds regional depression, citizen disdain and strong

antigovernmental sentiment, along with a geniune cynicism of America's present political

direction and even our institutions and our leader's continued vague promises.

One begins to also sense there is a serious irrational disconnect occuring inside our

congressional appropriations and the real world of real american individual and family life.

The same serious disconnect represents the precise size of the moral deficiency of the cost of

doing war as a major nation, against the interests of a small nation which otherwise had no

intention of attacking our country and no ability to do so.

Its simply not only irrational but is something that is completely devasting to any true

meaningful purpose and sense of even some geniune patriotric pride of doing what is right for

america as fellow americans.

If we allow such border cities and towns to literally fall into the river of our darkest dreams

and wasted expenditures of yet another new generation's gravely mistaken militarism, we will

not be having such a discussion in another twenty years. Instead, its far more likely whether

there will be even any such cities or towns that exist to save or to call home or perhaps, make

an award winning epic era/war film within.

To some, this is fine. To many its just another era passing and to many who never have seen

much less the contribution these areas have given to the nation, and to those who control the

purse strings of this war machine it matters very little.

But to those who as teenagers watched Meryl Streep and Robert Diniro do something on

film that we knew we were going to remember for the rest of our lives, and watched them doing

it from the very environment of an area like Mingo Jct, it won't be just these regions which

will have lost something immeasurable but our very American experience itself will be seriously

dinimished, if not irrationally disregarded and made poorer.

All of America will suffer if one region is allowed to sink into such oblivion. What will replace

it? More plastic and larger metro regions? Greater militiary power? Regional influence among

the Arab nations? Perhaps. A safer democracy? Perhaps not.

But at what true moral cost to the nation? At what significant price will the lives of such

communities be allowed to disappear, like those of the Indian nations which once proudly lived

in these same parts along the Ohio, like the tribes for which this very city was named?

While we spend the lifeblood of another generation in the sands of the mideast and the wealth

of our nation is wasted on the dessert sand towns and cities of a region, our forefathers never

dreamed that their sons and daughters hard earned savings and taxes were to pay for

such elite adventures into unimaginable lands requiring gross overwhelming amounts, to the

grave detriment of providing any possible hope for an economic miracle coming to these same

hard working and once proud regions who have provided the very lifeblood of a nation.

Our country is now is so eager to forget eastern Ohio completely from the Lake to the River

and the powerful military regional, economic and present political influences of this nation are

poised to discard this part of Ohio and the entire valleys that once made this nation so strong.

Nonetheless, before it completely dies off, they will be courting once again, very soon, like one

dates the corpse's bride, our regional swing votes and there will be those who are willing to sell

the vulnerable for a nice small but handsome, personal profit.

All the same may happen without a serious consequence. But a nation which forgets such a

culture and region as substantive and signficant as entire eastern half of Ohio and surrounding

valleys, this, so soon, even with completely arrogance and indifference, will be a society that

will itself, possess little if any actual soul.

Such a nation may not be fit actually to inhabit, whatever material successes if may later

acheive. Such a nation itself, may not long survive, if its 'expenditures' on such immoral wars,

becomes but a conduit for providing elites such disproportionate amounts of capital and

taxpayer dollars to the complete exlusion of doing anything remotely on scale to its own

challenged and even dying communities and towns....

Only the leadership in high places in Columbus and in Washington, and particuarly in

Congress from these regions can make any difference and make their region's people's voices

and serious dire straits, literally, heard.

Only the area itself, can perhaps make the case against further decline and exploitation.

The question is, are our present leaders capable of doing so even when they come to Ohio

to help determine their own political career's and our nation's destiny from our critical

bellweather state. Are we going to again sell ourselves cheaply like the girls do on

the dark abandoned sixth street of Steubenville?

Will we rise to the challenge and demand more of our leaders and our government than this?

This is the real issue and like the need for serious regional development and funding itself,

all remains as dark and dimly lit as a political possiblity as does mainstreet, tonight, in Mingo

Jct itself.

Perhaps, again, as did Streep, Diniro and Angela' dad, do we need again search for our friends

among the ruins of yet another american foreign policy disaster before, time runs completely out
on our better memories of a better time, among all of us, not just in our personal lives but in our

region and perhaps, even in our nation's life. Perhaps, we can by some miracle find the way

back to regional standing and solid ground and with it, lift this nation once again to a new and

different place past yet another serious national misadventure into a strange foreign land

where we do not belong and a president lied to get us to not only go there but to remain.

We need to stop the literally insane, over heated, no holds barred funding of this bizarre

military effort and start investing in boarder long suffering towns and communities which once

made this nation gain its true strength and character and broad standing in the world. We do

not need another president or state leader of any political party demanding our loyalty at the

ballot box and then promptly forgetting us when it comes to economic and social development.

The era of remaining silent but compliant ought to be over and must come to an end;

a new day of accountability even from among some of the poorest regions of our state, [as

poor as they never were ever before, even before Angela Jolie's dad was filming with his

fellow actor's epic period drama about Vietnam and our troubled modern perchant for

getting involved in foreign wars and regional disputes causing not only economic but terrific

human and personal losses as well] has arrived. It is time to watch the Deer Hunter again

and realize we are our neighbor's keeper and we are indeed, involved in a serious mistake

overseas again, as a nation thirty to forty years later and its unnecessarily causing this nation

and our state, if not our political leaders to bleed our small towns' lives and hopes to death,

literally.

We must end this war and we must put away the sword now and elect leaders who do not

espouse more billions in spending for any more regaional conflicts, except of course those for

which are occuring inside the heartland of America; where they all still continue to come and

seek, even in our hardest and most dark of times, our region's swing voter margins for their

personal political benefit.

Lets make it clear; our support means true assistance in return and not merely our suppliant

obedience to any one party line or political personality cult among the state or national

representatives or the leaders we decide to elect to high office today.

Its time to get over our fears of being rejected politically....in our region, because, in a word,

we have been already....just take a drive w/ me tonight to where the guys in the movie scene I

most recall, played pool and sang along w/Sinatra, at Welsch's, (now boarded up), near the south
gate, and see if you would not agree....there is no time to waste.

We must as citizen's protest this multi-billion dollar bleed. We must as persons who grew

up in this historic Valley and region, stand up.

If we do not speak or act up now, our children will not have any town or region left to

remember or for their generation to realize something of value was portrayed inside

such a region as ours once and it was truly uniquely American... as Diniro and all those

artist themselves, came to realize and understand personally over thirty years ago.

If we can not understand this, then our entire region is doomed to be as wasted as are the

billions being spent in Iraq today, by our present government in D.C. We must make a noise

even if its as we lay bleeding and dying from the wounds of our friends and some enemies

in high places.

Friday, August 24, 2007

More Grisly Details of The Fascist States of America: Verizon NSA and Your Privacy

Telecom Firms Helped With Government's Warrantless Wiretaps

By Ellen NakashimaWashington Post Staff WriterFriday, August 24, 2007; Page D03

The Bush administration acknowledged for the first time that telecommunications companies assisted the government's warrantless surveillance program and were being sued as a result, an admission some legal experts say could complicate the government's bid to halt numerous lawsuits challenging the program's legality.

"[U]nder the president's program, the terrorist surveillance program, the private sector had assisted us," Director of National Intelligence Mike McConnell said in an interview with the El Paso Times published Wednesday.

Mike McConnell's statements could help plaintiffs in lawsuits against telecommunications companies. (By Alex Wong -- Getty Images For Meet The Press)
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His statement could help plaintiffs in dozens of lawsuits against the telecom companies, which allege that the companies participated in a wiretapping program that violated Americans' privacy rights, former Justice Department officials said. Warrantless surveillance began shortly after the Sept. 11, 2001, terrorist attacks and was placed under supervision of a special court in January.

An appeals court in San Francisco is weighing the government's argument that these cases should be thrown out on the grounds that the subject matter is a "state secret" and that its disclosure would jeopardize national security.

The government has repeatedly asserted that any relationship between the telecommunications firms and the National Security Agency's spy program is classified. The firms' alleged cooperation and other details of the program, government lawyers have argued, are so sensitive that they cannot be disclosed. The government has argued the lawsuits against the telecom firms must be dismissed.

"[D]isclosure of the information covered by this [state secrets] privilege assertion reasonably could be expected to cause exceptionally grave damage to the national security of the United States," McConnell said in a sworn affidavit filed in a federal court in San Francisco in May.
David Kris, a former Justice Department official in Republican and Democratic administrations, said McConnell's admission makes it difficult to argue that the phone companies' cooperation with the government is a state secret. "It's going to be tough to continue to call it 'alleged' when he's just admitted it," Kris said.

Ross Feinstein, a spokesman for McConnell, declined to comment, as did spokesmen for AT&T and Verizon.

A challenge for the plaintiffs is to make a case using only public facts, said Kris, co-author of a new book, "National Security Investigations and Prosecutions." McConnell has just added to "the list of publicly available facts that are no longer state secrets," increasing the plaintiffs' chances that their cases can proceed, Kris said.

McConnell's statement "does serious damage to the government's state secrets claims that are at the heart of its defenses," said Greg Nojeim, senior counsel at the Center for Democracy and Technology and an expert on state secrets privilege.

In his interview, McConnell also said that open discussion on matters such as these "means that some Americans are going to die."

But Bruce Fein, an associate deputy attorney general in the Reagan administration, said that McConnell's disclosure shows that "an important element of a program can be discussed publicly and openly without endangering the nation."

Fein noted that in the 1970s, President Richard Nixon argued national security would be harmed if the Church Committee permitted hearings on government surveillance of civilians. "These Cassandran cries that the earth is going to fall every time you have a discussion simply are not borne out by the facts," he said.

McConnell also said telecom firms should have immunity from lawsuits.

"If you play out the suits at the value they're claimed, it would bankrupt these companies," he said. The Bush administration has urged Congress to pass a law granting immunity to the telecom companies.

Wednesday, August 22, 2007

More Support for the Troops & 14 Dead

while the politicians demand support for the troops...in Iraq
many are dying....and from mysterious "helicopter accidents"

but the pentagon maintains its 'mechanical failure only"...

I guess this excuses the deaths and makes them "easier
to accept"...politically back home...

Maybe this is simply pentagon speak for why supporting our troops
deaths at any level is acceptable...

Can we as a nation, please top partying in this country for one weekend and simply
hold a vigil and demand this congress and this administration to
stop the RED RAIN...

...american soldiers
....falling from sky....