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Tuesday, June 2, 2009
Another DCF Worker Sentenced In Child Porn Case
Michael Hernandez, former computer technician for DCF, was sentenced today to 2 years probation and ordered to pay a $2,500 fine after admitting to destroying files on Al Zimmerman's computer. Hernandez told investigators that two days before the search of Zimmerman's house, he put Zimmerman's home computer in a trash bin. Hernandez said Zimmerman was afraid police would seize the computer and that Zimmerman did not want police to have access to the computer. Hernandez also admitted that two days prior to the execution of the search warrant, he had wiped and reformatted the laptop that the department had assigned to Zimmerman. He originally denied his involvement then later tried to help Federal Investigators build their case against Zimmerman. He was only charged with making false statements to Law Enforcement.
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This is a very interesting blog. I'm going to enjoy following it.
ReplyDeleteThe corruption in America is truly shocking!
ReplyDeleteI am an advocate currently fighting to uphold the principles of due process in a most disturbing case concerning the rape, battery and near killing of woman left with a broken neck and permanently disabled.
Barbara Bracci, a hard-working New York State corrections officer claimed she was brutally attacked by her work supervisor, Captain William E. Peek. Bracci had made tape recordings she alleged were of her remorseful attacker confessing to his crimes. The NY State Dept. of Corrections (DOC) took the tapes from her.
The case went to the Division of Human Rights (SDHR). Bracci wanted her original tapes played in open court. DOC refused to give the tapes back to her and gave them instead, to the presiding administrative law judge (ALJ) who refused to let the court hear them.
The ALJ then weighed the tapes unlawfully in secret (ex parte, in camera) and ruled they were ‘unreliable.’ So the case was dismissed. Bracci protested that her due process rights were denied and she was granted an Article 78 special proceeding.
The case went before the Appellate Division, Third Department. Inexplicably, the tapes somehow became 'lost' and SDHR refused to give a verified answer in response to Bracci’s serious charges of corruption. So Bracci having proof her tapes were now destroyed and the opposing party declining to defend their actions, duly filed for summary judgment.
However, the Appellate justices bizarrely dismissed the claim on May 14, 2009 upholding the lower court’s judgment. But nowhere in the Appellate decision does the term, ‘Article 78’ even appear.
Shockingly, the higher court had not only condoned the weighing of evidence in secret and then its destruction, it had unlawfully removed Bracci's status as an Article 78 litigant.
Even a layperson looking at the court’s website under ‘Bracci-v-State Division of Human Rights’ (Case no: 506150) can see that this raped, abused and permanently scarred woman was cheated of her most basic rights to due process rights.
http://decisions.courts.state.ny.us/ad3/Decisions/2009/506150.pdf
Now we shall see if the Court of Appeals will be as fair and just on Bracci as they were in the above case. Courts must be compelled to respect every citizen's constitutional rights to a fair hearing.
You see, I’m British and I grew up with a worldview of American as an honorable civilization. Like most people in the English-speaking world I was greatly influenced by Hollywood movies. I confess to have learned that reality of what American Justice is quite different from what I saw in films. Forget the Sixth and Fourteenth Amendment of the United States, that Bill of Rights nonsense and the Constitution. The practice of law is very different. American Justice is a fiction told in Hollywood. In real life corruption is the methodology of the courtrooms.