KingCast opening Statement for Injunction hearing in KingCast v. Kelly Ayotte, GOP and Nashua Police.

Cross post: Firedoglake.

I stand in solidarity with my Alaskan brother Tony Hopfinger, whom I hope utters similar words in an open Courtroom sooner than later. I am filing tomorrow morning and unlike the Defendants, I have nothing -- absolutely nothing -- to hide, although I will not show my proposed ORDER until later tonight.

"Your Honor, First Amendment cases like this one come about once in a lifetime so we have to get it right.

And getting it right means acknowledging that the burden of persuasion in a Free Press/First Amendment case is on the State – not me. See generally Branzburg v. Hayes, 408 U.S. 665, 704, 92 S.Ct. 2646, 33 L.Ed.2d 626 (1972), New York Times Co. v. United States, 403 U.S. 713 (1971).

I don’t have to recite all of the First Amendment accolades I have received over the years, some of which came from the former Mayor of this City in the form of a Mayoral Commendation…… and I don’t have to belabor the fact that I wrote for a daily and weekly newspaper and freelanced for several magazines…..

No, in point of fact I don’t have to do any of that because my any measure, I am a journalist and the White House and Governor Patrick’s staffers have long since realized this so I roll videos and take photographs right next to the Governor and from the press gallery with POTUS.

But the only stated rationales offered by Defendants, by and through Di Lothrop -- and I have it on video – is that I was ejected because “You are not a journalist,” and “This is a private event.”

As neither of those two assertions were correct, the Defendants can never meet their burden.

With that Your Honor I’m going to sit down to watch them try, and to answer any questions Your Honor may have....."

Kelly_Ayotte,_NH_GOP_sued_for_Free_Press_violations.

Boston Herald: Racist and built to stay that way.

First you had them calling former DOC Superintendent John Boone "Boone the Coon" in the 70's. Then in the 90's you have this:

"Under Massachusetts law, non-white job applicants were injured by employer's unlawful employment practice in using application form which requested applicants to list names of their friends and relatives at the predominately-white company, though non-white applicants were not given such application form and, thus, were not indirectly asked about their race, as those who received the application form at issue and listed names of friends and relatives, thereby indicating that they were white, were more likely to be hired. M.G.L.A. c. 151B, § 4, subd. 3."

Well at least Joanna Marinova is going to kick their butts in Marinova v. Boston Herald et al., watch the video.

Editor & Publisher to follow Marinova v. Herald et al Defamation and KingCast v. Kelly Ayotte & GOP Free Press cases.

Editor & Publisher is a fantastic resource. And with just a few quick keystrokes, they are now fully aware of the heinous nature of both of these cases.

I. Marinova v. Boston Herald et al., Suffolk Superior 2010-01316.

Defamation per se.

II. KingCast v. U.S. Senate Hopeful Kelly Ayotte, GOP (to be filed next week).

A. Mexican Standoff: The last of three (3) willful infractions and threats of arrest.

B. First Amendment Freedom of the Press explained to Kelly Ayotte, GOP.

C. Commentary from the prevailing party in a related 2009 NH High Court case.

D. The perspective video documenting prior successful First Amendment battles.

Joanna Marinova v. Boston Herald et al. Defamation case updates: Jessica Van Sack and Byron Barnett are in Big Trouble.

The back story part one and part two, along with KingCast audio from TOUCH 106.1 FM, with Plaintiff above. Part two is a direct response with three (3) different empirical DOC studies that I sent to an anonymous DOC poster who wrote in to the Boston Phoenix, ripped him but GOOD.

The bottom line is that Jessica Van Sack had direct knowledge before she wrote and published the story "Fox in the Hen House," that she was using illegally-obtained information. Why she did it, and why she thought she could get away with it is anyone's guess. That is why the Boston Herald Attorneys at Brown, Rudnick have embarked on a scorched-Earth policy in this litigation, going so far as to issue subpoenas to Plaintiff's mother, even though her Affidavit confirms that she had no knowledge of the events at hand.

The Parties have also filed three (3) subpoena duces tecum to DOC/EOPSS' Information Tzar Terrel Harris, which were denied pending further specificity by Suffolk Superior Judge John C. Cratsley. Plaintiff moved to take the Depositions

---

of EOPSS' Harris and Public Affairs Director Diane Wiffin and the Court granted this request but limited the scope of inquiry: The Parties may inquire as to what Mr. Harris or Ms. Wiffin or allegedly told WHDH reporter Byron Barnett.

As you can see from the Pleadings in the body of this update, Reporter Barnett is hanging his hat on Diane Wiffin or somebody -- anybody at EOPS allegedly telling him the Ms. Marinova engaged in sexual acts, but the emails from Ms. Wiffin to tend to refute such assertion. I have posted on such email from Ms. Wiffin, written on 14 May 2009 -- before Defendants Herald and Van Sack published the Defamatory allegations that Ms. Marinova had sex with an inmate(s) and that she was not permitted to be a visitor. She was fully permitted to be a visitor regardless of State Representative Fox’s capacity as an investigator.

"Hi Jessica! In addition to CORI (MGL Chapter 6, Section 167-168 is the CORI statute that prohibits the DOC from disseminating information on anything pertaining to an inmates incarceration with the DOC), an immate move is a departmental security issue and we would not talk about it..... Diane."

Now exactly how what part of CORI privacy Reporter Van Sack failed to comprehend, I can't say. I have more from Ms. Wiffin to Defendant Van Sack, wait for the movie tonight.

The Defendants moved to Depose Superintendent Gary Roden, Sergeant David Malone, David Hockey, Co Janet Correia, CO JoEllen Gardner, Superintendent Stephen O'Brien, DOS Nelson Julius, CO Graham Trout and the hastily-departed DOC Director Harold Clarke. DOC/EOPSS filed timely Motions for Protective Orders. In its ORDER of 5 October 2010 the Court ruled as follows:

1. Gary Roden -- Protective Order granted.

2. David Malone and all CO's -- Protective Order denied, Deposition inquiry limited to the events of 28 & 29 Nov. 2008, and 7 May 2009, and the Darrell Jones disciplinary report and hearing noting the dismissal of any inappropriate sexual contact charges.

3. Harold Clarke -- Denied, Deposition to occur before 31 Dec. 2010.

4. Mary Beth Heffernan -- Protective Order granted.

Darrell Jones' Deposition will be scheduled prior to year's end as well, and it should be fascinating. The Defendants and the DOC are about to publicly get their eyes opened to something that they might wish they never inquired about in the first place. I believe that Deposition my friends, is a public record and I will be posting it in its entirety. Well even if it isn't public record, Mr. Jones will give me first dibs and send me a copy anyway, so there you have it.

KingCast says "Time's up on the DOC/EOPSS Joanna Marinova Defamation public information request!"

My how the time flies..... I'm sure that DOC/EOPSS is quite busy with the recent alleged assaults on black prisoners at MCI Norfolk and thehasty, unplanned departure of DOC Chief Harold Clarke and five (5) CO's, but the response to these requests was due on or about 1 October 2010 -- before all of that, as the time-stamp indicates...... so it's time for a trip on down to EOPSS this morning to get things sorted. Again:

Prequel to Terrel Harris: Per MGL 66 § 10.: Please provide access to review any and all documents you provided to Brown, Rudnick in response to their 23 August, 2010 Subpoena Duces Tecum Request within the time alloted by Law. See Attachment 1.

Who would have thought that such a simple request could take so long to respond to, the documents are all ready-made and clearly a public record, ahem. 9:46 am - phone calls placed to Mr. Harris at the EOPSS office and to his mobile phone.

KingCast watches Harold Clarke, 5 DOC CO's take a powder on election eve, just after the alleged CO's beating of a young black man at MCI Norfolk.

Governor Patrick has his work cut out for him in order to prevent our prison system from being shrouded in secrecy, which he specifically stated he does not want, at the town hall meeting last year, above. In addition to Clarke's rapid departure, there is this bit of fun: While I was not able to attend the First Marinova v. Herald hearing last week, I know that all of the managers, like 5 or more that the Herald subpoenaed are all MIA.... I had ordered the Death Certificate of the head perp months ago, cardiac arrest if I recall correctly -- but what of the others? These people went and got the hell out of Dodge, I'm telling you. This case is deeper than most people realize, and perhaps even deeper than I even thought, and that's DEEP. Click here for your back story.

As to the Clarke resignation, I keep thinking to myself.... What that (hell) is going on here.... As if Deval didn't have enough crap to deal with right now other than this. Successful prison reform activist Darrell Jones is asking the same question, and trying to provide a prescriptive plan but nobody seems to be listening.

How Governor Patrick handles this situation will define his career in many ways. Clarke was his boy, but he had his own questionable policies (read: double-bunking) and the system has considerable indifference to reform in general to say the least. This dossier reveals a mixed bag of treats for Clarke, good on inmate programs but niggardly on public information requests. Says Jones (full document and audio to ministers coming):

"I just got word that you resigned on this Saturday October 9th, 2010. How could you come to Massachusetts, sell us the hope that something will change, then the fight gets thick and one day after the report of a black male being jumped at this Prison (MCI Norfolk) and beaten badly- all the Spanish and Black inmates are walking around here worried about it. I have tried to tame them and keep telling them that something is going to change so they should “hold tight”........

How could you not wait until the Governor election was over to announce that? Why now? Why did you come here and promise reform or is this the only State that can not be reformed? This happened with Boone and Dennehy as they were trying to reform the Prisons and now you leave in the middle of reforming it after everyone spent so much to get you here.......

I was able to get gang-members together to speak out against this violence. I was able to get them on albums and working together, I was able to direct them into a positive space- just check my record. Let’s tell people the truth! I am just one man and there are others who do it, but you are the only one who has the OBLIGATION to do so! And Governor Patrick: Is everyone who was down the ladder now move up?.........

I am calling on the Governor and these Reverends to listen to Kay Khan and get an Oversight Committee before we all die in here because Massachusetts Corrections is being run like a gangster organization."

Related post and video: Deval Patrick, Tim Murray and James Taylor rally at South End.

KingCast breaking news: MCI Norfolk CO allegedly jumps, assaults prisoner Brent Stevenson.

Reports of the alleged attack are circulating from MCI Norfolk Minority Chairman Darrell Jones. The event was witnessed by many inmates and the situation is tense. Reform is needed. iPhone post, more to follow.
Prisoner Brent Stevenson got jumped (while outside) by CO Charlie and a few other officers and a Sergeant watched it happen since 1pm. The entire facility is riled up as many prisoners saw the attack. The Government must send someone to investigate immediately before this grows into a very serious situation. A voicemail has been left with EOPS' Sandra McCroom.
Read this post carefully for your behind story.