Wednesday, December 30, 2009

Martha Coakley's Mass Division of Banks again refuses to provide Cat Gibbons with documents -- her own responses on 5 Stated Income Deals.

UPDATE: An Affidavit/Polygraph Offer + More video and lies exposed, see comment #9 for an explanation of the newly-uploaded MacBook photo booth video that points to more dishonesty and abuse of our tax dollars, as supported by Martha Coakely.

I don't think Ted Kennedy would have approved.

MCAD: They told MCAD that they were seeking only a comprise and that it was Ms. Gibbons who was insisting on a hearing. If that is the case then what were the terms of the purported compromise? If that is the case then why do I have another video in which the DOB Attorneys resolutely say they fully intend to revoke/take/steal her license? What changed in the interim? Nothing. They lied to the Superior Court as well, and the Court allowed them to violate the 10-day Good Faith estimate rule on Ms. Gibbons' Public Records Request to boot.

Superior Court: DOB Attorneys claim they were just scheduling an informal hearing to meet with Ms. Gibbons. They said that they had documents they were going to immediately produce to Ms. Gibbons, yet they did not but they instead provided them to the Hearing Examiner, who as noted below for some reason is protecting "confidentiality" of documents and who receives documents but who will not tell the DOB to produce her certified responses to the charging documents. That's odd, to put it politely.

Next, Ms. Gibbons also says she wants all six (6) of these people to sign an Affidavit in unison that what was represented to MCAD is actually true, and she then in turn will take a Polygraph test and urge them to do the same because she is sick and tired of these people lying and getting away with it. Then she will go after each and every one of them for going beyond the stated rules of the Division and acting in an Unconstitutional, ultra vires manner. I wonder if 42 U.S.C. 1985 (Conspiracy to violate Ms. Gibbons' Civil Rights) would apply if they are acting ultra vires even though it is the same corporate defendant. Perhaps this would be a terrific test case for such a legal theory.

John Prendergast, Chief Risk Officer
Cynthia Begin, Senior Deputy Commissioner
Gregory Short, Deputy Commissioner
Christopher Pope, Deputy Commissioner
Aimee Desai, Associate Counsel
Erin Berger, Chief Director

As to the video I mentioned, I don’t have that video card with me and I didn’t save it to the MacBook so y’all just have to wait until I get home tomorrow or the next day to post it. Happy New Year!!!
Concerning the ongoing saga of what appears to be patent racism and discrimination by Martha Coakley’s Massachusetts Division of Banks against Cat Gibbons, one of only 3 black female mortgage brokers in Massachusetts:

Mass Division of Banks (DOB) Hearing Officer Neil Tobin actually wrote Cat Gibbons that he would not even ask for -- much less compel the Division to produce her responses to inquiry about the five (5) Stated Income Deals that purportedly provide the basis for the Cease and Desist Order, and for their Declaration at a recent hearing that they intend to fully revoke her Broker’s License.

Mr. Tobin said that he wouldn’t request the documents because he wanted to remain impartial, but that strikes me as patently bogus: Having clerked and lawyered for the AG’s Office I can tell you that Hearing Officers have broad discretion to require production of relevant documents, and if there is one relevant document in this case it surely is that response, and it must be produced in its entirety for chain-of-custody reasons to preserve the integrity of the process to the extent that they care about such matters.

Meanwhile Mr. Tobin has demonstrated that he may be less then impartial anyway by stating that certain of Ms. Gibbons’ request for information about complaints against other brokers are “irrelevant” because such a determination would limit her discovery. But you can’t limit her discovery too much because she is alleging, with substantial force, that the (in)actions of the DOB are both racially discriminatory and Arbitrary and Capricious, such that a wide latitude of Discovery is mandatory on those issues.

Note that Mr. Tobin, in responding to Ms. Gibbons’ request, did however state that these Stated Deals were indeed the reason for the Cease and Desist, and that contradicts what Martha Coakley’s DOB lawyers told the Massachusetts Commission Against Discrimination, whoops.
That renders their Position Statement in Ms. Gibbons’ case as suspect as the extra purported legitimate nondiscriminatory rationales are not worthy of credence.

And we know that the main rationale is not worthy of credence either for a number of reasons, not the least of which is the FACT that Ms. Gibbons/Miracle Mortgage Stated Income Deals:

a) did not place anyone in harm’s way
b) were conducted prior to the 2006 DOB revision in guidelines.

Lastly the Division keeps claiming that they don’t have any racial data as requested by Ms. Gibbons, but that’s not likely because brokers and buyers have to submit that information, it’s all part of the CRA and other related legislation designed to eliminate the pernicious effects of discrimination. Ms. Gibbons and I are presenting these facts to local learned counsel and the MCAD is in for a real smack down, they have painted themselves into a corner on this one. I’ve got my popcorn ready and will place a call to AG Martha Coakley’s office today for comment, just as I filed this report with her on the CORI violation in the Boston Herald - Jessica Van Sack – Joanna Marinova – Darrell Jones Defamation issue.


Saturday, December 26, 2009

Will the Boston Herald, Jessica Van Sack & other media moguls face Defamation lawsuit for lying about Joanna Marinova being "bagged for sexual acts?"

Better read the 3 Jan 2010 update.

-The Editor.

NEW IDEA: Perhaps Mary Beth Heffernan, recently appointed to Governor Patrick's Cabinet -- up from Undersecretary Public Safety and Security (EOPSS) -- can help us get to the bottom of this. In point of fact, she's already helping even if she doesn't know it.

UBER-UBER UPDATE: On 29 December 2009 I filed this with Massachusetts AG Martha Coakley's office with a request for her intentions regarding the CORI violation. That will be followed with a request for her intentions on Cat Gibbons' Division of Banks Civil Rights/Discrimination case, new information and blog post coming later today on that fiasco.

UBER UPDATE: There appears to be a CORI violation. Globe Newspaper Co. v. District Attorney for Middle Dist., 439 Mass. 374, 788 NE2d 513 (2003).
Newspaper had sought disclosure of docket numbers of criminal cases involving municipal corruption, prosecuted in public judicial proceedings. Among its findings, court held that CORI statute did not prevent disclosure of criminal record information, but newspaper only had a disclosure right to the extent the requested information correlated with information available from court records or other public records.
Recall that unauthorized release of criminal records led to the Sheriff Linehan's resignation in NH under AG pressure yes it did. The (mis)information that the Herald used to publish their stories is most certainly NOT available from court records or other public records, this was a dirty deal and we are going straight to Mass AG Martha Coakley's office this week with this blog post to see what she's going to do about it. When we are finished the Herald, Jessica Van Sack and everybody involved is going to realize this is a matter of grave concern and that no amount of government and big-media beat-down is going to deter our pursuit of Justice. And the factors in favor of disclosure of sources clearly outweigh nondisclosure, read the SJC materials on G. L. c. 6, 167 et seq.
(4) News Sources and Nonpublished Information. Before ordering a reporter to divulge a source and the information gathered, a judge must “consider the effect of compelled disclosure on values underlying the First Amend­ment and art. 16.” Petition for Promulgation of Rules Regarding the Protection of Confidential News Sources & Other Unpublished Info., 395 Mass. 164, 171, 479 N.E.2d 154, 158 (1985). Accordingly, a judge must balance the public interest in the use of every person’s evidence against the public interest in pro­tecting the free flow of information. Matter of a John Doe Grand Jury Investigation, 410 Mass. 596, 599, 574 N.E.2d 373, 375 (1991). See also Ayash v. Dana-Farber Cancer Inst., 443 Mass. 367, 403 n.33, 822 N.E.2d 667, 696 n.33 (2005).
Note: There is a radio show about this matter scheduled for Tuesday morning, 29 December 2009 at 8 a.m. at TOUCH At that point people will learn more about a man who was the darling of Massachusetts Law Enforcement and media (Chronicle video here) for his video series “Voices from Behind the Wall," until he started speaking out about violence and racism in the prison itself, at which point he became social and political pariah. He went from being a celebrated proponent of social responsibility to being unceremoniously placed in the hole immediately after he spoke out.

Joanna Marinova is Co-Director, Programs and Operations for PressPassTV, and she publishes "Coming off the ropes" which contains crucial information. Meanwhile State Representative Gloria Fox has been a proponent for change in the prison system for years, funny how they would come under fire isn't it.

Darrell Jones is incarcerated for a murder conviction and proclaims his innocence. While TOUCH 106.1 Boston blog has covered wrongful convictions in the past -- see the Harrington v. Richter U.S. Supreme Court post highlighting Boston and NH DA abuses -- the issue here is a manifest injustice that is more readily transparent and proved:

The Boston Herald appears to have unlawfully accessed CORI records and lied about an alleged sexual tryst between Darrell Jones and Joanna Marinova. To wit:
"State Rep. Gloria L. Fox is under state scrutiny for allegedly sneaking a murderer’s girlfriend - previously bagged for engaging in “sexual acts” with the killer con - into a state prison in Bridgewater, the Herald has learned.

As Davis tells it, Marinova drove Fox to the pen, never mentioning she and Jones had been bagged for prohibited “sexual acts” in the visiting room months earlier."

But Fox and the woman were bagged by a vigilant guard who recognized the “aide” as Jones’ girlfriend - a woman previously written up for engaging in prohibited “sexual acts” in the visitor room with Jones.
Subsequently, many major media like Channel 7 and Fox 25 repeated the Defamatory comments.

The problem is that none of that is true. Ms. Marinova showed this writer how the Weekly Dig, the Phoenix and Boston Globe properly railed against the Herald and Van Sack. And note that the alleged sexual conduct happened back in November 2008 but was not even important until State Rep. Fox came snooping around to discuss conditions in May, 2009 -- half a year later!

First of all, contrary to the ahem... naked assertions by Ms. Van Sack, there were no charges ever filed against Ms. Marinnova.
Second, the charges against Darrell Jones were dismissed.
Third, the Herald has never run any retractions or corrections.

Mr. Jones and Ms. Marinova have released the official report as thumbnailed here, and note the conclusion: DISMISSED. People are watching:

In terms of a Defamation analysis it's going to get interesting. Darrell Jones is most likely a public figure, Ms. Marinova is likely not a public figure. Either way I believe that both of them have been victims of unlawful Defamation, and I encourage them to seek legal redress for that Defamatory conduct against both Jessica Van Sack and the Boston Herald and anyone who repeated the Defamatory comments that were materially false and the lack of any retraction or followup shows the actual malice involved. These big businesses work with bad government actors and think they can just say and do whatever they want to do to people, but the people need to fight back with appropriate litigation and community involvement.

That's why I'm here.

cc: Howard M. Cooper, Esq., Judge Ernest Murphy $3.4M final settlement in Murphy v. Boston Herald, 449 Mass. 42, 865 N.E.2d 746 (2007), may the Herald remember its recent history. I have downloaded a copy I will obtain a copy of the Murphy Complaint for Ms. Marinova and Mr. Jones so they can consider their legal options and seek learned counsel. I would advise Ms. Van Sack not to "throw her notes out" as Reporter Wedge allegedly did in the Murphy case, ahem.


Friday, December 25, 2009

NAACP sues Ameriquest Mortg. Co., Citigroup and others for systemic racial discrimination in mortgage lending, 635 F. Supp. 2d 1096 (2009).

NAACP v. Ameriquest Mortg. Co., Citigroup et al., 635 F. Supp. 2d 1096 (2009), Motion to Dismiss Second Amended Complaint DENIED.

(March 11, 2008) The NAACP and lead counsel Brian Kabateck filed papers Friday, March 7, that will fast track their federal class action lawsuit against Washington Mutual, Citi, GMAC and 15 other mortgage firms who systematically steered African American borrowers into predatory loans.
"The victims in this case had the same credit, the same income and the same qualifications as the lenders' other customers. The only difference was the color of their skin. That's why they were stuck with abusive loans," said Kabateck, Managing Partner of Kabateck Brown Kellner, LLP.

"Quickly resolving this case is essential for victims who have ruined credit and who are losing their homes. This isn't just about justice for the victims. This case is about making sure that this kind of discrimination is stamped out for good," said NAACP General Counsel Angela Ciccolo.

For more information read here.

Wednesday, December 23, 2009

Martha Coakley and Mass Division of Banks finally go after some brokers with apparent validity, as opposed to Cat Gibbons and Miracle Mortgage.

Are the Defendants guilty or innocent? Is this another case of selective prosecution?

Here is the Boston Herald story "Six indicted in mortgage fraud scheme" and a related story "Scott Brown targets Martha Coakley as ‘robotic’ liberal Democrat."

I wrote to both features:

Martha Coakley's Division of Banks is railroading a black female mortgage broker even though her stated income deals did not put anyone in harm's way and occurred BEFORE the DOB changed its policy in 2006.

They also have improperly accused the woman -- Cat Gibbons of Miracle Mortgage -- of being a convicted felon, which she is most definitely not.

When Ms. Gibbons complained to the DOB about Fidelity Guarantee ripping her off they did nothing, even though Fidelity had been shut down in Vermont. Fidelity Guarantee Mortgage Corporation v. T Reben, 809 F2d 931 (1987).

Martha Coakley's Mass Division of Banks also gave MCAD a totally different reason for issuing the Cease and Desist Order, stating it was credit issues and character of fitness, blah blah blah when I have the video from the hearing and it was only the stated income deals. Her credit issues were fairly petty and certainly not of any substantial nature to merit a Cease and Desist and she had a #1 rating prior to being wrongfully accused of being a felon.

The Division, by and through the following representatives, improperly threatened Ms. Gibbons with a public hearing with media and law enforcement, and she will take a lie detector test on it. They won't.

John Prendergast, Chief Risk Officer
Cynthia Begin, Senior Deputy Commissioner
Gregory Short, Deputy Commissioner
Christopher Pope, Deputy Commissioner
Aimee Desai, Associate Counsel
Erin Berger, Chief Director

Ms. Gibbons will be present on 6 January 2010 for a hearing at Suffolk District Court in which the DOB is going after some other mortgage folks who actually do appear to be involved in criminal activity to spread the word that the DOB is treating her in an arbitrary and capricious fashion -- they claim they don't have her responses to questions that she sent in regarding the issue, it is truly incredible.

Video and more information here:

I am going to telephone AG Coakley to see if she has a comment, I'm sure she will not, but eventually she will because MCAD and several attorneys are watching Ms. Gibbons' complaint closely. Very closely.


Tuesday, December 22, 2009

Forecast is snowy in Boston: TOUCH 106.1 FM sees cocaine rear its ugly head in Greater Boston men of accountability. Again.

I didn't realize -- nor was it widely publicized -- that John Forbes' dance with the DEA also involves cocaine. You see, not only was Mayor Menino's baby-faced East Boston liason dealing with Oxycontin and Marijuana, he was dealing with some scarfaces (Boston Herald) as well:
Last Wednesday, just prior to his arrest, Forbes, fearful he was under surveillance, arranged for the DEA informant to buy 10 ounces of cocaine from (his co-Defendant) Taylor.

Moreover, Anthony Cristallo is a convicted murderer and drug dealer (Universal Hub) whose family has a lot of money. He is another of Forbes' alleged accomplices whose Benzo was spotted in Forbes' back yard recently. He is a fugitive at present, something about some problems in Vegas.

In April 2009
(Team 5 Investigates) Mayor Menino dealt with the fact that the jake who was driving the ladder truck with negligently-repaired brakes in Mission Hill when Kevin Kelly was killed (TOUCH FM Disorder in the Court) had in fact been court martialed for blowing rails while he was on an a drug interdiction tour for the Massachusetts Air National Guard in Curacao in 2008 and didn't tell anybody. Raw video.
According to military court documents obtained by Team 5 Investigates, Robert B. O’Neill “purchased cocaine from a local civilian and snorted the cocaine in his hotel room” on March 21, 2008.

And in December, 2009 the authorities informed us that cocaine was involved in the Quincy "road rage" shooting involving Robert O'Connell, Joseph Fasano and Jennifer Bynarowicz that needs to be investigated in this 5-step manner (TOUCH FM Policework for Dummies) or as the case may be, in Five Easy Pieces, folks riding the fast lane on the road to nowhere.

Sing with me: Oh, the weather inside is frightful.... but the highs, are so delightful.... let it snow, let it snow, let it snow....

Menino East End Aide John Forbes implicated in Oxycontin, marijuana and..... arson???

Illustration by Kathleen M.G. Howlett.

We noted an appropriate response by Mayor Menino pending more information in this post, but the new statements from DEA are very troubling indeed. There are allegations that John Forbes was dealing at City Hall and making job offers to druggies. Boston Herald story #1 and Boston Herald Story #2, with DEA info.
The baby-faced Forbes is a “close associate” of Anthony Cristallo, a convicted killer from Eastie who was weighing ways to intimidate or even whack a witness against him in a pending Suffolk drug case, according to the DEA. Doyle said the DEA’s informant - the same one in Forbes’ office - offered his muscle to Cristallo through Taylor for everything from “flattening tires” to “possibly setting the person’s house on fire ... up to and potentially including the murder of that witness.”

Cristallo and Forbes fled a tail by Boston police Dec. 12 - four days before Forbes was taken into custody by the feds. The cops later found Cristallo’s Mercedes-Benz parked behind Forbes’ Eastie house. Cristallo is out on $75,000 cash bail on the pending state case. He was federally indicted for dealing OxyContin last week and is a fugitive.

WCVB Channel 5 Boston video.

But don't let this take too much attention away from other key Boston City Hall issues including the missing emails and the scattering witnesses like Ronald Wilburn.

Sunday, December 20, 2009

KingCast and TOUCH FM Blog present: Policework for Dummies -- how to review the Quincy "road rage" shooting incident.

1. Discard any preconceived notions about moneyed young men, firefighters or women in possession of cocaine.

2. Evaluate all persons involved for alcohol and/or illicit drugs. That's what Mayor Menino or Quincy Police Chief Paul Keenan say they would do. This only makes sense given that there was cocaine in the jeep that Joseph Fasano was driving, and cocaine on his face.

3. Evaluate the vehicles thoroughly. Who owns and insures the vehicles that were involved? There might be something interesting there that could help establish a motive either which-a-way. It's fascinating that Ms. Bynarowicz initially said she didn't know the shooter, but I'm quite sure that's not true becaue of the issues countenanced in item #4.

4. Evaluate the living and entertainment circumstances of Robert O'Connell, Joseph Fasano and Jennifer Bynarowicz. This is important because Ms. Bynarowicz reportedly dated (how recently I don't know) Robert O'Connell's Uncle, William O'Connell, and she reportedly lived in or still lives in a condo owned by him. That's a nice May-October relationship but hey love is love, it's All Good until somebody looses any eye or some intestinal organs, right.

Step back and admit the fact that if Robert O'Connell was not from a prominent family, he would likely be jailed right now -- held without bond -- even though it certainly does appear that Mr. Fasano was the aggressor, what with that Bolivian Marching Powder running through his veins. He's also got quite the driving record, replete with suspensions, accidents, etc. etc. Download it here. Wonder what Mr. O'Connell's driving record is like, the major media should report that as well, fair is fair.

Saturday, December 19, 2009

Tony Williams' & BalletRox' Urban Nutcracker brings the house down!

Smashing production and a great interview! Coincidentally, we sat directly in front of the costume designer so this one's for you, Sister! Full story coming when I finish it sometime Sunday. For now, just focus on the Mission Statement:
The mission of BalletRox is to use the power of dance to break down racial barriers and enrich the community's artistic experience through the creation of a diverse dance company and school.

I like it when the Nutcracker slays the rat. I deal with rats all the gosh dang time :)


TOUCH FM Blog says Wanted: Massachusetts State Senator, read below for job description and responsibilities.

Must be able to sustain repeated wrist slaps, get so drunk you don't know your way home, then drive drunk and leave the scene of an accident and avoid jail time despite two prior drunk driving charges.

Applications accepted down at the local bar.

For more information contact Anthony Galluccio, the Boston Herald or WHDH TV7 news. Photo by Ted Fitzgerald.

(Former) Senator John Marzilli watch.

Friday, December 18, 2009

Menino takes appropriate action on oxycontin drug allegation, no official action taken by Quincy on cocaine issues in road rage shooting.

Okay. Here's the KingCast YouTube video and coverge about the importance of drug testing and disclosure involving the Quincy/Marina Bay shooting last week involving Ronald O'Connell (with no known prior record) and Milford jake Joseph Fasano, recently on probation for domestic violence and substance abuse issues.

And here is the coverage (Boston Herald coverage with skanky fingernail treatment is here) yesterday's arrest of Mayor Menino's East Boston rep John Forbes:
"I was deeply troubled and disheartened this morning to learn of the arrest and ongoing investigation of one of our employees, John Forbes," Menino said in a statement. "The charges against him are extremely serious, and his alleged behavior is completely unacceptable."

True that, if proved. It is also completely unacceptable to have ANY AMOUNT of cocaine in your car -- not even "a small amount consistent with personal use," whether you are LE, a jake, or ordinary citizen working on the other side of the thin blue line.

UPDATE: Joseph Fasano was probably coked up:
"Authorities have said Fasano had cocaine on his face when rescue workers arrived and traces of the drug were also found in the Jeep he was driving. Bynarowicz, 34, of Quincy, who owns the Jeep, told police the cocaine was hers."

The kicker: I was praising NH AG Kelly Ayotte on the fateful morning of 5/11 on her earnest efforts to curb synthetic drug abuse.

Related link:
Local 718's firefightthesmears blog and Chris King's "9/11 and the Negative Space."

Thursday, December 17, 2009

KingCast and TOUCH 106.1 FM applaud as Quincy Chief Paul Keenan swears he will check for cocaine use in road rage shooting.

Listen to me express the concerns of Massachusetts and World residents when I called today (twice) to speak to Chief Paul Keenan, who appears quite professional in his demeanor, but who has yet to do or say anything about the cocaine issue. Failure to test any of the principals or the witness would be a travesty of justice because it would be an incomplete investigation. If the principals Ronald O'Connell or Joseph Fasano (who has a history of domestic violence and substance abuse) are high on cocaine that goes to motive and a whole lot of other things. If the witness was high on cocaine it goes to her ability to perceive, recollect, bias, etc. etc. Related post: "Disorder in the Court" at KingCast and at TOUCH 106.1 FM Blog.

UPDATE: Joseph Fasano was probably coked up:
"Authorities have said Fasano had cocaine on his face when rescue workers arrived and traces of the drug were also found in the Jeep he was driving. Bynarowicz, 34, of Quincy, who owns the Jeep, told police the cocaine was hers."

As a former Assistant Attorney General and someone who has successfully sued and represented Law Enforcement Officers and rank and file, I am glad that the Chief will conduct a full, thorough and impartial investigation. Chief Keenan swore to uphold the Law and the Constitution, and we at TOUCH 106.1 FM are here to support him in that endeavor any way we can. Same goes for

Related link:
Local 718's firefightthesmears blog and Chris King's "9/11 and the Negative Space."

Wednesday, December 16, 2009

TOUCH 106.1 FM presents: Disorder in the Court weekly news summary 16 December 2009.

O'Connnell Booking photo by Nancy Lane. Stay tuned for today's show, stream it online at TOUCH 106.1 FM.

Issue #1: Negligent repair of City Fire truck caused Mission Hill crash and death of 30-year veteran, Lieutenant Kevin Kelly. The Contractor improperly repaired the brakes with improper parts and the untrained firefighters adjusted them. A fire truck weighs no less than 26,000 lbs. and 56,000 lbs loaded. Completely. Insane.

Issue #2:
Revere teen sentenced for accessory after the fact in Daniel Talbot's apparent murder, and Sergeant Ervin Franklin (who has a history of running from police even as a cadet) was eventually fired for fleeing the scene, diverting police resources away from the scene and lying when he had a cruiser take him home, telling the driver "Yah, everything is OK...." But the issue is bloodwork and criminal charges against the LE who were drinking, after hours, at a school building. Were they tested for illegal drug use? There is no record of any discipline being meted out to them.

Issue #3: The shooting in Quincy involving firefighter Joseph Fasano -- who had cocaine in his car and Ronald O'Connell, the son of the Marina Bay developer. But the issue is again bloodwork and criminal charges against Fasano. Was he tested for illegal drug use? He does have a violent history and was on 14-month probation and was forced to attend AA meetings. We can't have people out there blowing cocaine and driving cars around, much less fighting fires you know.

Lastly, on a related note I interviewed a first responder for half an hour some time ago regarding the tragic fire that killed Firefighters Payne and Cahill. I don't believe that cocaine or alcohol was a proximate cause of their deaths but the State argued that it was, in order to prevent paying full benefit. Here's a post from my personal blog back on 26 February 2008 that addresses the Revere and Tai Ho fire situations and the use of toxicology information, and here's a quote from District Attorney Conley in the Revere case who said "we'll deal with the administrative stuff later....." Query, does he mean "administrative" or "criminal?"

Related link:
Local 718's firefightthesmears blog and Chris King's "9/11 and the Negative Space."

Tuesday, December 15, 2009

TOUCH 106.1 FM UPDATE: Back to Jason Vassell and the apparent racial discrimination against black men who defend themselves against racist white men.

See: The Democratic Underground has it all pegged.
Xipe Totec Donating Member (1000+ posts)
Thu Feb-19-09 09:45 PM
The individuals in questionhave been a pain in our collective *ss for years.

By rights they should have been in jail already. I feel really bad for the Vassell family.

I understand that a Discovery Conference is pending in the next few days or weeks, potentially before year's end. Here is a link to our prior coverage where the High Court ORDERED production of years of files.

BNN to show America SCORES poetry slam today at 5pm.

“A Tribute To…” will be on today at 5pm on the BNN community TV channel (23 on Comcast, 83 on RCN). Please spread the word amongst your school community and SCORES students!

For more information contact:

Dwayne Simmons
Education Director
150 Mount Vernon Street, Suite 2, Dorchester, MA 02125
P: 617.265.0066 x152
F: 617.282-6367

Why is Cat Gibbons/Miracle Mortgage v. Martha Coakley's Mass Division of Banks such a pivotal case on government and race relations?

Simple. It is because of the "arbitrary and capricious" actions toward her that also constitute "unlawful racial discrimination" and "ex post facto" application of the law and policies. Read the summary at and note the following points of emphasis:

1. In their rabid quest to permanently revoke her license, DOB failed to produce a letter to MCAD in which a senior manager falsely accused her of being a convicted felon. They maintained their arbitrary and capricious stance after receiving an Affidavit from Ms. Gibbons' Attorney. Yes, I have read that Affidavit. MCAD is not going to appreciate these facts when they go to review the case I'll tell that much right now.

2. DOB finally admitted that they developed a policy of investigating Stated Income Deals when buyers were placed in harm's way by shady real estate professionals, i.e. loan officers or brokers. However, unlike some of the complaints that were "unfounded" in their own data sheet (did not host well but the download works flawlessly), Ms. Gibbons' deals DID NOT place people in harm's way -- they got interest rates comparable to fully-documented deals and there was no trickery and no foreclosure.

3. The Superior Court didn't seem to care that the DOB failed to follow the ten (10) day rule under ALM GL ch. 66, § 10, regarding Good Faith cost estimates on her public records request to DOB, but MCAD will not be so tolerant, people are watching this case closely. Very closely.

Related posts:

1. Gibbons/Miracle Mortgage v. Mass Division of Banks #1.
2. Gibbons/Miracle Mortgage v. Mass Division of Banks #2.


Friday, December 11, 2009

Governor Patrick appoints first female to Mass top cop spot amidst a flurry of sexist remarks.

Here's the story by Jessica Van Sack, about 30-year veteran Marion McGovern. I'll let you read the comments to see the asinine reactions the claim she was promoted out of some sort of Affirmative Action quest, implication being that he somehow benefits from so doing. She's a 30-year veteran of the department, who began her career as a trooper in 1979 and rose through the ranks.
"This is something that happens once in a lifetime and I'm glad it's happened to me," said McGovern.

McGovern will take the reigns from retiring Colonel Mark Delaney. He says he's proud to have promoted McGovern twice. "When I came on the job 35 years ago, there wasn't a female trooper on the job…I'm honored that a woman is going to succeed me as colonel."
Newsflash: If Deval Patrick wanted to avoid controversy he would have named another Irish Caucasian male.

Wednesday, December 9, 2009

TOUCH 106.1 FM Boston + KingCast to become clearing house for citizen complaints.

The New Hampshire Project on Sunshine Review notes that Christopher King and are Doing the Right Thing:
Here is a list of citizens active in creating a transparent and accountable government in New Hampshire.

Action groups
* ATV Watch
* Coalition of New Hampshire Taxpayers
* Right to Know New Hampshire

Think tanks
* Josiah Bartlett Center for Public Policy

Watchdog bloggers
* Democracy for New Hampshire
* Granite Grok
* Chris King's 1st Amendment Page

New Hampshire, Massachusetts, same neighborhood when you get right down to it. They both set the pace for American Political and Legal Societies in a Major Way. Who has the First Presidential Primary? Where are the Kennedys from? What we are going to do here at TOUCH 106.1 FM is create an active Clearing House for well-reasoned government dissent. Bogus claims will not be forwarded, but if we believe that your claims are reasonable we will do whatever we can to encourage economic sanction if applicable, and to forward you to someone who can help, regardless of your age, race, sex, ethnic origin, nationality, religion, all of that.

Right now we have a focus on collecting statements from anyone who has a grievance related to any mortgage brokers that they have reported, or wish to report to the Massachusetts Division of Banks. Watch this video in Division of Banks v. Miracle Mortgage.

Good Beats Benefit in Central Square tonight!

The GOOD BEATS benefit concert will feature internationally renowned (and Boston-based) hip-hop artist Dagha, whose album The Divorce was rated among The Hip Hop Connection’s top 40 albums of 2008. Dagha is also the Education Director for America SCORES New England. Live band Project Tree and veteran emcees Al-Jabra and Shazzo aka Gabriel will also be performing. Music will be provided by DJ Nightime Gallagher.

All proceeds will benefit the students of America SCORES New England. We are asking for a $10 minimum donation at the door. For more information about America SCORES check the comments.

Tuesday, December 8, 2009

Anyone with more information on the Orchard Park lockdown please contact us.

We have been trying to piece together how it is that a neighborhood could be on lock down status after a shooting, but yet we don't hear or see a single thing about it the major media. All we can find is this Yelp story.

Blacks should boycott Citibank for history of racism and deceit.

Update: Citibank shut down in Japan for aiding money laundering.
Reuters news agency reported that regulators charged the bank with "failing to prevent suspected money laundering." Citibank has been caught before courting big depositors, no matter how nefarious their operations may be. On Oct. 30, 1998, the General Accounting Office issued a report giving detailed information showing that the bank ignored the law and its own internal procedures in assisting Raul Salinas, brother of the former president of Mexico, to move between $90 million and $100 million of suspected drug money out of Mexico.
For more information read Citibankisracist blog.

Remember those black employees who sued over those racist emails circulated by management? I do.
White vice presidents and lower-level employes of Citibank sent racist jokes throughout the megabank's interoffice E-mail, according to a lawsuit filed by enraged black workers.

The E-mail [contained] a series of spoofs on the black speech patterns known as Ebonics started at the bank's Wall Street offices and wound up at offices around New York and as far south as Florida.

Citibank forced to pay back $14M in sweeps money scammed from their customers.
Between 1992 and 2003, Citibank operated an "automatic sweeping" program that would without notice remove positive balances from customers' credit card accounts—mainly those of the poor and the recently deceased—and pocket the money. Now it's paying back $14 million dollars to the affected customers, plus another $3.5 million in penalties to California, thanks to that state's Attorney General.

Nice. Here is a pending MCAD filing.

Marc Dann v. Citibank, CASE NO. 2:07 CV 1149, 2008 U.S. Dist. LEXIS 52172

In the Complaint, Plaintiff alleges violations of the Ohio Consumer Sales Practices Act ("OCSPA"), Ohio Rev. Code § 1345.01 et seq. Specifically, Plaintiff alleges that CitiBank through its agent or employee, produced and distributed fliers on or around the Ohio State University main campus offering students a free sandwich and drink at Potbelly Sandwich Work's off-campus location, without disclosing that to obtain the free items, a student was required to complete an application [*3] for a CitiBank credit card.

Sunday, December 6, 2009

Tony Williams' Urban Nutcracker promises to entertain.

From what I've hear the Ballet Rox tagline for this one is perfect:
"Where dance meets diversity."

Boston Globe review.

Ballet Rox website.

The show runs December 4-20 at Hancock Hall. See you there!

Friday, December 4, 2009

KingCast explains what the U.S. Department of Justice is reading about his TOUCH 106.1 FM Blog on shady, lying prosecutors.

On 2 December 2009 someone at the U.S. Justice Department was seeking information on U.S. District Judge Mark Wolf from the Massachusetts District. When the U.S. DOJ did that, they took a 6-minute read of this Harrington High Court case and related cases in Boston involving prosecutors who manufactured or hid vital exculpatory evidence, Suzanne Sullivan and Daniel Ford.

Elizabeth Scheibel is under Order to provide YEARS of empirical racial information because her office has been railroading black men with impunity when they defend themselves against white attackers.

Anyway, something has to happen to these prosecutors because Judge Wolf (who has not yet punished Suzanne Sullivan) wrote Attorney Holder on this:
[Judge] Wolf wrote last month to Eric H. Holder Jr., the US attorney general, asking him to crack down on prosecutors who fail to disclose information that could clear defendants, and repeated his past assessment that the Boston office has a "dismal history of intentional and inadvertent violations." Similar entreaties he made to Holder's predecessors in recent years achieved little, Wolf wrote.
Here's what happened the last time I went to the DOJ and DOL:

$290,000.00 fine (errrr.... "Settlement") with American Tower that benefitted employees of all races, ethnicity, color, sex, age, religion..... and that's important because once prosecutors are compelled to start towing the line and to stop lying, that will all inure to the benefit of the Cause of Justice. For everyone. You see, while we at TOUCH 106.1 FM are a black-owned and black priority station we care about issues that affect the entire community and the World in which we live.

Bill Christy of the Bill Christy Project wrote me once to tell me I did not have a clue to the pulse of any community be it white Plum Island or black Boston. But then again he's just one of those white guys who thinks they can put me in the same camp with Reverend Al Sharpton on all issues and label us both "n*****s and Massey-Fergusons." At least that what he says in this YouTube video.

Thursday, December 3, 2009

Internet hatred and racism alive and well in pending Copyright case.

I will not -- in fact cannot -- print what was said about Yours Truly in this family-oriented space, but if you want to hear and read some serious MFs and N*****s going on take a trip to my personal blog, specifically this entry:

03 December 2009
KingCast writes Blogger and YouTube officials: Please provide your opinion on the issue of Hyperlinking, criticism, Fair Use and IP Infringement.

Basically there's a white guy (Bill Christy of the Bill Christy Project) who fancies himself purer than the driven snow because he plays guitar with BB King and such. Meanwhile he's busy determining that Al Sharpton and I are both "N*****s" -- never mind the fact that I've never publicly aligned myself with Reverend Sharpton. So I caught him leaving a nasty message on my voicemail and put up a YouTube video.

Now he says that's a Copyright violation because I'm not allowed to link to the name of his band or even say it orally in the YouTube video. I don't think he's right pursuant to OPG v. Diebold, 337 F.Supp.2d 1195 (2004) and its progeny:
At most, Plaintiffs' activity might have reduced Diebold's profits because it helped inform potential customers of problems with the machines. However, copyright law is not designed to prevent such an outcome. See, e.g., Acuff-Rose, 510 U.S. at 591-92, 114 S.Ct. 1164.

Rather, the goal of copyright law is to protect creative works in order to promote their creation.

Mr. Christy, I am in no ways infringing on that right. See also the comments section containing relevant notes from Chilling Effects website.

Monday, November 30, 2009

Update on the Division of Banks/Gibbons documents.

Apparently some documents are going to be mailed out tomorrow but they haven't yet told her what the documents are, but they want her to sign a confidentiality agreement.

She will do no such thing at this point. She will start reviewing documents and sort through everything and take it from there. Sounds like a bit of a shell game to me. Where is her own file? Where are the DOB's own regulations? What's the holdup? Watch this space for updates.

Wednesday, November 25, 2009

Black and white in Ohio: Corrupt AG Aide serves 45 weekend days for theft, my old client gets 119 days and put in hole for disrupting a meeting.

Read this. Aide tied to Ohio AG scandal sentenced to 45 days
A one-time aide (Anthony Gutierrez) who helped bring about the downfall of former Ohio Attorney General Marc Dann has been sentenced to 45 days on an unrelated theft-in-office charge and other counts......

He was also involved in a sex scandal that killed Marc Dann, and he also smashed up cars and got them fixed without reporting it.
Take a look to read what happened to Jerry Doyle.

Monday, November 23, 2009

Martha Coakley's Mass Division of Banks refuses to produce documents while moving to permanently revoke Catherine Gibbons' Broker's License.

I sent a copy of this post to the Division of Banks using a link in this story. As noted last Friday, Miracle Mortgage, by and through Catherine Gibbons issued a request for public documents to the Division of Banks approximately 7 weeks ago. With respect to a hearing that the Division is trying to hold on or before January 11, 2010, the Superior Court stated on Friday:
"It would seem to me that production [of the documents] should occur no later than next week."

But when I appeared at today's hearing at the Division of Banks South Station headquarters there were no documents for her but the Division and its attorneys steadfastly held to their position that Ms. Gibbons -- who had a "1" rating before she was punished for doing Stated Income Deals -- should lose her Broker's License forever. The Hearing Officer this morning told Ms. Gibbons
"You've lost your livelihood for 9 months and I don't take that lightly."

Wait until he sees the file, what with them falsely accusing her of being a convicted felon and such.

I read Ms. Gibbons' document requests and they included, inter alia, a request for her own file, and for the Division's policies and procedures. Why these documents have not been produced at this time is beyond me. Last Friday their counsel stated that they did have many of the documents ready to be produced, yet again today there were indeed no documents produced. Be that as it may, the Hearing Officer today ORDERED the Division to provide him a list of the documents that it agrees are public so that Ms. Gibbons may issue her supplemental Answer within the next two (2) weeks. Ms. Gibbons informed me that The Division's Dennis Otis told her that they do allow Stated Deals. The Division of Banks actually had guidelines on how to structure Stated Income Deals, so she obviously wants to know how and why her Stated Income Deals were considered "Fraudulent."

Friday, November 20, 2009

Martha Coakley's Mass Division of Banks defends falsely calling black female broker a "convicted felon" and failing to produce documents.

NOTE: Ms. Gibbons will appear on "The Nation Speaks" radio program tomorrow morning at 6:30am at TOUCH 106.1 FM.
The Massachusetts Division of Banks issued Miracle Mortgage a Cease and Desist Order, along the way alleging that she was a convicted felon. In point of fact, the charges against her were dismissed and the file sealed. The Division still maintained its position despite the dismissal and an accompanying Affidavit from her counsel. Ms. Gibbons had a #1 rating as a broker.

She has been forced to attend conferences and hearings that were adversarial in nature without any paperwork or notice that she could have counsel. She has requested material documents from the Division 6 weeks ago and they have failed to produce a single document or a Good Faith cost estimate. In a hearing this afternoon for Injunctive relief to make the Division produce documents before Monday's scheduled conference the Court held that it did not have jurisdiction because in essence Ms. Gibbons' status as a Respondent in an adversarial administrative action trumps her right to receive even a Good Faith Cost estimate within 10 days of her Public Records Request. Ms. Gibbons will have to wait until the Final Adjudicative Order before joining the current public records lawsuit with one for her Constitutional Deprivations.

So on behalf of the Station I will issue the same requests and their counsel Tory Kim will have to answer me within 10 days, as per Law.

With respect to a hearing that the Division is trying to hold on or before January 11, 2010, the Court stated:
"It would seem to me that production [of the documents] should occur no later than next week."

Furthermore, Ms. Gibbons' separate complaint before the Massachusetts Commission Against Discrimination (MCAD) alleges that the Division of Banks has targeted her as one of only 3 black female brokers, while allowing white owned and operated broker firm and banks to go unscathed even though she was following their own procedures on Stated Income Mortgages.

She cites the case of Fidelity Guarantee Mortgage Corporation v. T Reben, 809 F2d 931 (1987) as illustrative. Vermont put them out of business with a Cease and Desist Order. In that case, the Court of Appeals affirmed a finding that the lower court held that a Civil Rights Conspiracy lawsuit under 42 U.S.C. 1985 was frivolous, and it taxed costs against Fidelity for a frivolous appeal as well.

Further, I am verifying an allegation that Fidelity Principal Herb Jacobs was convicted and sentenced to jail time.
But what happened when complaints were filed with the Division of Banks against Fidelity (a Caucasian-owned business) in the Greater Boston area after these problems?

Answer: Nothing, really. Fidelity filed a Chapter 11 Bankruptcy during Ms. Gibbons' trial against them and East-West Mortgage for Fraud. But the Division did set out to issue a Cease and Desist against HER The Massachusetts Commission Against Discrimination complaint will be hosted at this post upon receipt.

Here is Martha Coakely testifying in October in favor of passage of SB 1848, a bill she co-sponsored to promote fairness and accountability in the Mortgage industry. Perhaps she should review the existing case file on Catherine Gibbons/Miracle Mortgage and go from there.

Wednesday, November 18, 2009

Senate hopeful Mike Capuano visits Grove Hall -- unlike his opponents or the major media, they stay away in droves.

I cannot directly endorse anyone on behalf of the station, but let's just say I like Mike for his stance on open government, Civil Rights and liberties. As to major media it's odd that a 6-Term Congressman and Contender for U.S. Senate shows up to meet the people and the only motion picture cameras are the ones shown here.

I just happened to be across the street at the station for my weekly KingCast Cases so I had my iPhone with me to capture the essence. Councilor Arroyo at large paid a visit and you can see Senator Owens and Councilor Yancey as well. It was a decent turnout, I took the camera picture early on so the seats filled up, actually.

Saturday, November 14, 2009

TOUCH 106.1 continues investigation into malfeasant government agencies: The Division of Banks.

Fidelity Guarantee Mortgage Corporation v. T Reben, 809 F2d 931 (1987).
"Fidelity, a Massachusetts corporation authorized to do business in Maine, opened an office in Portland, Maine, in February of 1980 for the purpose of dealing in residential mortgage loans. In July 1980, the superintendent of the Maine Bureau of Consumer Credit Protection, Barbara Reid Alexander, notified Fidelity pursuant to Me.Rev.Stat.Ann. tit. 9-A, Sec. 6-108 that it was in violation of Maine law prohibiting charging interest in excess of 12.25% on consumer loans without Bureau approval. Alexander issued a cease and desist order at the same time. Between June and September 1980, thirty consumer actions were brought against Fidelity in the federal district court based on its violation of Maine law."

In the above case, the Court of Appeals affirmed a finding that the lower court held that a Civil Rights Conspiracy lawsuit under 42 U.S.C. 1985 was frivolous, and it taxed costs against Fidelity for a frivolous appeal as well.

Further, I am verifying an allegation that Fidelity Principal Herb Jacobs was convicted and sentenced to jail time.
But what happened when complaints were filed with the Division of Banks against Fidelity (a Caucasian-owned business) in the Greater Boston area after these problems?

Answer: Nothing, really. But the Division did set out to issue a Cease and Desist against a black female broker (one of only 3 in the State) who complained about Fidelity. She alleges retaliation and has filed a complaint with the Massachusetts Commission Against Discrimination. Stay tuned for details when we receive a copy of the Complaint and her request for public information that was drawn last week.

Wednesday, November 11, 2009

High Court Single Justice orders Prosecutor Scheibel to hand over five (5) years of allegedly racist prosecution files at UMASS Amherst.


Here is the background on how two drunken white men shattered UMass student Jason Vassell's window, taunted him with racial slurs and threats of violence, stormed in his dorm building, broke his nose and got a slap on the wrist while Mr. Vassell has the proverbial book thrown at him for using a pocket knife to fend them off. Read the comments for more, and a comment from Vassell's Attorney David P. Hoose.

Here's today's WBZ coverage.

Boston (AP) -- A single justice on the state's highest court has ruled that a former University of Massachusetts student charged with stabbing two men in his dorm can see five years worth of prosecutor's records.

Lawyers for Jason Vassell requested the records from the Northwestern District Attorney's office to determine whether there is a pattern of racially-tinged prosecutions.


NOTE: This is all part of an ongoing investigation and report that TOUCH 106.1 FM will be conducting into the discriminatory and otherwise malfeasant properties of high level government agencies, including Prosecutors and the Division of Banks. We will be at every Court hearing and we will tell the Truth, The Whole Truth and Nothing But The Truth.

Thursday, November 5, 2009

Harrington U.S. Supreme Court case has local implications for race-baiting and lying prosecutors in the Vassell and Franconia NH cases.

As I already told you, Mike Nifong was disbarred for his fabrications in the Duke rape case.

In Boston,
white prosecutor Suzanne Sullivan has run amok, failing to provide exculapatory evidence in the form of a conflicting statements from a cop whom Federal Judge Mark Wolf found to be a liar. We still await the imposition of sanctions for her behavior. I wonder if she would be afforded the same latitude if she were black. As we shall see in upcoming segments, blacks don't fare so well when the government officials start sanctioning licensed professionals.
[Judge] Wolf wrote last month to Eric H. Holder Jr., the US attorney general, asking him to crack down on prosecutors who fail to disclose information that could clear defendants, and repeated his past assessment that the Boston office has a "dismal history of intentional and inadvertent violations." Similar entreaties he made to Holder's predecessors in recent years achieved little, Wolf wrote.

Note: The Obama administration has sided with the Defense in Harrington, read about it in two paragraphs.....

Also in Boston, the Court soft-peddled the white prosecutor who did the same thing to Bernard Baran, who spent 21 years behind bars. I'll be following up to see what, if any discipline is meted out.

Answer: Nothing. Daniel Ford has even served as a Judge.

And now the U.S. Supreme Court is hearing the case of Terry Harrington vs. David Richter, as noted on NPR. These two black men were framed as boys and sent to prison for allegedly killing a white police officer in the snooty Council Bloughs, Iowa suburb back in 1977. In Boston these are echoes of the Jason Vassell case I've been following where bigoted white prosecutors selectively prosecute black males. From NPR:
The Supreme Court has indeed said that prosecutors are immune from suit for anything they do at trial. But in this case, Harrington and McGhee maintain that before anyone being charged, prosecutors gathered evidence alongside police, interviewed witnesses and knew the testimony they were assembling was false.

In New Hampshire former NH AG Kelly Ayotte -- the State's highest Prosecutor -- lied and fabricated evidence in the franconia shooting tragedy involving Liko Kenney, Bruce McKay and Gregory Floyd. Read these posts and check these videos at the book launch for Casey Sherman's "Bad Blood: Freedom and Death in the White Mountains." Sherman calls for a new investigation as do former Franconia LE Brad Whipple and I. Sadly, instead of stepping down with some measure of dignity, Kelly Ayotte has the nerve to flee and run a campaign for U.S. Senate.

For shame, for shame. The North Country of New Hampshire is fighting back and I'm glad to be a part of that, read the Petition. I hope Terry Harrington and Curtis McGhee are permitted to sue the living daylights out of the public officials who race-baited an entire community and ruined these men's lives. Here's Terry Harrington leaving prison in April, 2009:

Tuesday, November 3, 2009

Menino wins, will face challenges in minority hiring, transparency, schools and CORI reform.

We will start with the Boston Residents Jobs Policy referenced in this post from earlier today, with black folks and women underrepresented and doing all of the work in the gentrified community of the South End -- nee Roxbury.

Everything else will unfold in Due Course, but we anticipate vigorous cooperation from the Mayor, which is nice.

TOUCH 106.1 FM Boston and KingCast question on YouTube: A blatant violation of Boston Residency Jobs policy on Election Day?

It sure seems like a violation of the Boston Residents Job Policy, since when was Boston 90% white? What, no qualified black or other minorities to be found? I counted 11 white helmets and one black one. On neighboring Tremont street it was 6 white helmets, none black. Whomever wins this evening will have to answer to this:

We at TOUCH 106.1 FM are pleased to hear Candidates Flaherty/Yoon and Mayor Menino promise to uphold the Boston hiring policy. We will be closely monitoring this situation because by what we saw today through the KingCast cameras, was the usual one in ten ratio:

One black man (and no women) doing the lifting while everyone else stands on shovels, sits in trucks and delegates responsibility. The video and pictures don’t lie. The Candidates had better not be lying, either, or else we will start filing complaints with the EEOC, DOJ and U.S. Attorneys on the Executive Order 11375 and 11246 tip.