Roy Reardon Complaint - Commission on Judicial Conduct -

"I-VIEW-IT TECHNOLOGIES, INC.

Eliot I. Bernstein
Founder & Inventor

Monday, October 05, 2009

The Honorable Senator John L. Sampson
Chairman of the New York State Standing Committee On The Judiciary
New York State Senate
NYS Senate Judiciary Committee

District Office
1222 96th Street
Brooklyn, NY 11236
Tel: (718) 649-7653
Fax: (718) 649-7661

Albany Office
409 Legislative Office Building
Albany, NY 12247
Tel: (518) 455-2788
Fax: (518) 426-6806

Re: Submission of Prepared Statement Regarding Testimony of Eliot I. Bernstein at September 24, 2009 Public Hearing, For Inclusion in The Public Record for the Hearings Regarding the Appellate Division First Department Departmental Disciplinary Committee, the grievance committees of the various Judicial Districts and the New York State Commission on Judicial Conduct.

Dear Honorable Senator John L. Sampson,

Thank you for your courage in conducting the first Hearing on June 08, 2009 and the second Hearing of the NYS Senate Judiciary Committee on September 24, 2009 regarding the NY Judicial and Attorney Disciplinary processes.

Enclosed please find a Written copy of the Prepared Statement and Exhibits that accompanies my testimony for the NYS Senate Judiciary Committee for inclusion in the public records of the hearings.

As you may recall, I flew to Albany on June 8, 2009 from Boca Raton, Florida to provide testimony yet denied the opportunity to testify that day because of the now infamous Senate Coup in Albany that took place in the Capital Building, shutting down the hearings immediately prior to my testifying. Again, on September 24, 2009, I appeared at the second hearing in Manhattan at 250 Broadway in New York and testified but was unable to finish my testimony before the Committee, yet I am most thankful for even the limited time I had, as already it yielded the Committees interest and intervention in certain matters.

As you may recall, interruptions occurred through parts of my Testimony while you discussed issues with William Galison who was videotaping Mr. Alan Friedberg, current head of the First Department Appellate Discipline Committee and Mr. Alan Tembeckjian, Chief Counsel of the current NYS Commission on Judicial Conduct. Several minutes of my testimony interrupted as Alan Friedberg and Tembeckjian became very uncomfortable with videotaping at a Public Hearing, which I found highly unusual for Public Officials.

In the event that a third hearing is scheduled, if the Committee would be so kind and has available time resources, as I know many victims lined the room hoping to testify at the last hearing, I request additional time for further testimony to be publically entered into the record. I hereby request that my Prepared Statement be accepted for the Record of these Judiciary Hearings before the NY State Senate, as I was promised by both Timothy Spotts and Lisa Lashley that the Prepared Statement and all exhibits would be submitted to the entire Committee and for inclusion into the record.

I therefore respectfully request an Acknowledgement notice from your Office as current Chair of the Committee that this letter and the attached Prepared Statement were docketed officially in the record.

As captured in the live testimony provided on September 24, 2009, I asked the Committee to determine the status and location of my complaints against Alan Friedberg, current Chief Counsel of the First Department Appellate Division Discipline Committee and Roy L. Reardon Partner at Simpson Thacher appointed to a three-year term as Chairman of the Appellate Division, First Department Disciplinary Committee, the complaints now falling far outside the procedural response time.

May the Committee also take formal notice that the complaints against Friedberg and Reardon arose from their handling complaints filed against Lawyers in Conflict in my Federal Lawsuit and where the First Department and First Department Disciplinary Committee are both Defendants in the same Lawsuit, again conflict beyond belief.

Arrangements were made with Monica Connell of the New York Attorney General’s Office who is representing the First Department Defendants, to have the complaints moved prior to any action by the First Department, to a Non-Conflicted Third Party prior to even reviewing them.

Instead, the First Department ignored the requests and decision of their representative counsel, the NYAG and moved to Dismiss the Complaints against other Defendants in the Lawsuit that they are Defendants in as well. Defendants, dismissing complaints against other Defendants, complaints directly related to the Lawsuit they are Defendants in, creating overwhelming Appearance of Impropriety through violations of Title 18 and State Obstruction Laws, Violations of Attorney Conduct Codes and Violations of the Rules and Regulation of the First Department Disciplinary itself.

The Dismissals instantly appealed, yet again, we have still heard nothing back from the First Department or their counsel the NYAG and certain procedural rules appear broken. At the same time the appeal was timely filed, formal written complaints were lodged against Alan Friedberg and Roy Reardon, again requesting, no demanding, the complaints be moved to a Non-Conflicted third party by the NYAG from the First Department.

Complications also arise since the NYAG is also a Defendant in the Lawsuit and thus calls then were made to the NYAG’s office whereby Steven M. Cohen , Andrew Cuomo’s Chief of Staff, claimed that neither he nor Andrew Cuomo was aware of the situation unfolding and that he would personally look into the matters.

The original call to the NYAG’s office prior to Steven M. Cohen’s involvement was made to ascertain whom to file Title 18 Obstruction charges with against the NYAG and First Department.

I await the formal response from the NYAG and again urge this Committee to intercede and find out exactly who will be investigating the matters and complaints in a situation where it appears almost everyone involved or who is supposed to be protecting citizen’s rights have Conflicts of Interest in New York concerning these matters.

It should be noted that similar to the Whistleblower Anderson, central to this Committees investigation, the NYAG is representing the State Defendants against the Plaintiff, not vice versa.

Especially twisted in this scenario is there is a Whistleblower exposing Public Office Corruption, which should legally obligate the NYAG to represent the Whistleblower through its Public Integrity Division responsible for investigating corruption by Public Officials, therefore the NYAG should be representing the Whistleblower, the Legally “Related” Lawsuits and the Public Interest and not the accused Public Officials.

Yet we find the NYAG representing the accused Public Officials they should be investigating in the Anderson Whistleblower lawsuit and the lawsuits Legally “Related” by Federal Judge Shira Scheindlin, despite the fact that Scheindlin has referred the related cases to the NYAG.

This leaves the question of just who is representing the People and are the People paying for the defenses of the accused Public Officials on the Public Dime and finally does this not put the NYAG in a Conflict of Interest that acts to Obstruct Justice by preventing Prosecution.

The NYAG’s Conflict of Interest is more insipid, as it also acts to Obstruct Justice as the conflicted representation makes it impossible for the NYAG to investigate and prosecute those they are representing, representing on STATE TAXPAYERS money.

Absolutely obscene and as the citizens of New York discover that the NYAG is representing, not prosecuting Public Officials in allegations of Public Office Crimes by Whistleblowers, which they are charged with investigating, the Public will Lose Faith in the Public Offices designed to protect them.

It will make them sick when they find that this illegal representation is on Public Finances and there will be hell to pay for those involved who have created this nifty shield from prosecution.

I remind this Committee of New York Penal Code §195.00 that states:

A public servant is guilty of official misconduct when, with intent to obtain a benefit or deprive another person of a benefit: 2. He knowingly refrains from performing a duty which is imposed upon him by law or is clearly inherent in the nature of his office.

As the video tapes of the hearings reveal, upon request for the Committee intervention, you Senator Sampson asked Mr. Friedberg to look into where the missing complaints were and inform the Committee of the Status and Mr. Friedberg claimed he would look into them.

Not that his representative counsel in my Lawsuit against the First Department would look into them but that he personally would look into them, which again would violate entirely rules regarding Conflicts, yet it was very revealing of how things operate now at the First Department.

Respectfully, I await the Committee’s determination as to the location and status of these Complaints and what non conflicted third party the complaints should transfer too.

The complaints against Roay Reardon and Alan Friedberg and the others footnoted herein.

As a final matter, I look forward to timely receiving a signed copy of my Conflicts of Interest Disclosure Form, attached to the Prepared Statement from yourself and the other members of the Committee or any other person this Committee may join to investigate the matters further.

I also respectfully request that all information and testimony I have rendered the Committee be turned over to the Task Force the Committee is starting as stated in the hearings for immediate review and investigation.

I again thank you for your courageous efforts in the face of Corruption and more respect you for your upfront disclosure in the hearing that you previously worked for the main accused in my allegations, the Proskauer Rose law firm.


Respectfully Yours,


______________________
Eliot I. Bernstein
Founder & Inventor

Source and Full Document
http://74.125.155.132/search?q=cache:ktIVkVh6K68J:www.iviewit.tv/20091005%2520NY%2520Judiciary%2520Committee%2520Prepared%2520Statement.doc+site://www.iviewit.tv+Reardon&cd=1&hl=en&ct=clnk&gl=us