“The United States respectfully requests that this Court reconsider its order of July 29, 2010 granting the motion to dismiss filed by defendant Forensic Analysis and Engineering Corp. (FAEC). The United States requests that this Court vacate that order and deny FAEC’s motion to dismiss, without prejudice, because the Government has not approved FAEC’s proposed settlement and cannot do so in its current form.”
Read theUnited States’ Motion for Reconsideration of Order Dismissing Defendant Forensic Analysis and Engineering Corp and supporting Memorandum.
Back later with comment.
Very interesting! What’s weird is that the memo in support doesn’t say anything more than the motion.
The sentence that “grabbed” my attention was the one that reads: “Reconsidering dismissal and denying FAEC’s motion without prejudice will permit the Government to discuss and restructure certain problematic aspects of the proposed settlement with the parties in a way that will be acceptable to the Government and potentially more advantageous to the parties.” When I read that sentence, all I could think of was a “lesson learned” from KATRINA: “When the Government says, ‘We’re here to help you’, then RUN LIKE HELL!” Ashton O’Dwyer.
FAEC has some potential problems with the criminal code, especially parts about destruction of evidence and lying to a federal grand jury.
This has all sorts of possibilities but for the 5 years since Katrina Lampton’s office (former USA) has been MIA on this prefering instead to prosecute the little fish for stealing a couple of thousand bucks from FEMA.
To my knowledge the complete story of Nellie Williams, her hard drive, data recovery and subsequent grand jury testimony has never been told. Like the wiretapper those dirty little secrets will be coming out in the near future.
sop
Once again Sop is spot on! The Department of Justice has been asleep at the wheel.
And for those of you who continue “hoping against hope” that “The U.S. Department of Injustice” will “do the right thing, think again, and DON’T HOLD YOUR BREATH. These people are worse criminals than the “small fry” a/k/a “the little people” they have been pursuing. Ashton O’Dwyer.
Speaking of injustice I’m assuming most all our Louisiana contingent saw this Gordon Russell story about the guy who claims NOPD kicked his teeth out in the early days after Katrina.
As AROD and Robert Davis will attest such treatment was not uncommon after the storm.
sop
The Nellie Williams story definitely needs to be told, Sop – particularly, the “chapter” where the court overlooked the various versions of what she and others claimed as “truth”!
SOP: There WAS a difference between me and the poor fellow who had his teeth knocked out (are you sure they just didn’t fall out because of crystal meth, or because another “crackhead” didn’t knock them out of his mouth?), I was NOT a convicted felon, driving a STOLEN limo, who ALLEGEDLY was a felon in possession of a firearm, who allegedly SHOT at police. If the NOPD knocked his teeth out, as alleged, then they probably would be in less trouble with the “Feds” than if they had just killed him and disposed of the body. And by the way, the NOPD was NOT involved in the violation of my civil rights, brutalization, torture and false imprisonment, but the Feds (SPIT!) were, and they are STILL covering-up their involvement. Ashton O’Dwyer.
We don’t know any of that Ashton. He could have been like some of the folks NOPD capped, simply at the wrong place at the wrong time.
To the extent NOPD appears to have lied about all the other details of this beating I’m not inclined to give much weight to any of their other statements on this matter.
No doubt from a social standpoint the two of you could not be farther apart. Katrina and the NOPD had a way of closing those divides in very short order back in the day.
sop
Nowdy, erasing a hard drive knowing a federal subpoena was coming would land most folks in the grey bar hotel. But whoaaaa Nellie she must have never heard of data recovery.
sop
Might the grey bar also have a room for attorneys who discuss adding a word or two to email, etc. so “privilege” can be claimed?
I also thought the little footnote in the motion was odd:
Having declined to intervene, the United States is not a party to this suit, but it remains
the real party in interest. If the Court deems it necessary, the United States asks that this motion also be construed as a motion to intervene for the limited purpose of seeking reconsideration of this Court
The whole problem with “lying under oath” i.e. “perjury” is that its legal. Yes, you read right, it’s legal. In the Eastern District of Louisiana there are zero legal consequences so it is de facto legal.
Such is the state of the law down here in Looosiana.
SOP: With all due respect, the Gordon Russell/Brendan McCarthy story DOCUMENTS “Mr.” Mitchell’s felony history (he was a documented lawbreaker – why he was out of prison on 8/29/05 is not revealed), and the FACT that, when stopped by the NOPD initially, he was driving a STOLEN limo. The NOPD allege that he shot at them, which would make him (and his accomplice, whose teeth didn’t fall out) a felon in possession of a firearm. If he was a crystal meth user, as I believe, then even a “soft” punch in the mouth could have knocked his teeth out, assuming for the sake of argument that he still had any to begin with. We don’t know much about this man’s life, post-KATRINA. Is he a productive member of society or a parasite? Why is his story “newsworthy” and mine not, five (5) tears after KATRINA? The “FEDS”, the NOPD and the “Lame-Stream-Media” are so “screwed-up” it’s sickening. Ashton O’Dwyer.
Ashton he was trying to leave the City. You may remember they weren’t allowing black folks across the bridge into Gretna so walking across the CCC was not an option.
His prior criminal record is not relevant to the beating he received.
sop
OOOOOOOOOOOOOOowweeeeeeee Ashton; I believe I know why you were so harassed by NOPD and the Federal Judges. It is that you are an educated, professional who has intelligence and when such people speak up for the Truth, the evil powers that be are stricken harder, hurt deeper and seek greater revenge. Especially, the “set of eternal kings who sit on the Eastern District”. A less intelligent,unknowledgeble and even criminal person can be assumed to be stupid, not wanting to know or knowing the truth and whatever he says even if disrespectful is overlooked by the powers. However, after you had bowed to the “Kings of the East” for years as a respected “knight” of the bar and then you identified the”kings” to be the scum of the earth that they truly are; now that’s very upsetting to them and their misplaced, over zealous revenge is indicative of their knowing that what you said about them was the Truth.OOOOOOOOOOOOOOOwweeeeeeeeeeeee
Anybody who wanted to get out of the City could have caught the busses that were picking up people on both sides of St. Charles Ave. and running 24-7. No “crack-head” had to steal a limo, and I don’t care what was happening on the Jefferson side of the GNO Bridge. What was happening there didn’t happen to these crack-heads “there” but in the Lower Garden District. They should have anticipated “consequences” as a result of being in a stolen limo. Does your attitude mean that ANYONE could have stolen vehicles with impunity? Suppose some crack-head had stolen YOUR vehicle? Sorry, but your “logic” is a little “fucked up” on this one, particularly since they were alleged to be in possession of firearms, which they used against the cops. They’re lucky they weren’t killed. Ashton O’Dwyer. (P.S. You ought to do a post on the consequences of crystal meth on the teeth and gums).
Oh, I see now. The level of one’s education and his criminal record are supposed to determine the extent of, or whether, one takes an ass-beating from the cops. I’ll have to remember that next time I’m drunk and railing against the cops.
IMO…Ashton needs to smoke a BIG FATTY.
Patricia gets the comment of the day!
sop
To “Sick Puppy” and Patricia (and all others similarly situated): Although I concede that I could be “wrong”, I don’t believe that Mr. Mitchell’s (Was that his name? My daughter threw the Sunday paper away.) teeth were knocked out by the cops. We have pre-KATRINA photographs, but no pre-encounter with the NOPD photographs on 9/01/05. Given this crack-head’s “history” and criminal record, if his teeth didn’t fall out out from crystal meth, then another crack-head knocked them out of his mouth before he stole the limo, probably while trying to take a “stash” away from a brother crack-head. Unfortunately, the NOPD stopped him in the stolen limo before he could get out of town with his brother crack-head’s stash. And by the way, where have Mr. Mitchell and Mr. Russell (the Journalist) been for the past 5 years? This story is BULLSHIT. And the ACLU and the USDOJ don’t give a DODDAMNED about alleged civil rights violations unless the “victim” is darker than a brown paper bag, which also is BULLSHIT. Ashton O’Dwyer.
Maybe this will be my screen name from now on in an homage to this story.
Come on ya’ll what’s all the talk about being subjected to abuse due some criminal past. Ha, got a minute? So I’m an amputee on a fixed income. I’m home for three years studying the Bible as the wife returned to school to be a C.N.A. (certified nursing assistant). After four years she became injured from lifting and sought a career change. A chance at a wonderful rural life to advance her career to a R.N. (registered nurse) not to mention the perfect swimhole. Then, a mile from our new home old neighbors and friends with horses which we all rode as much as we could. I continued to read my Bible, but admit questions of my understanding.
The extent of my past criminal record consist totally of 2 DUI’s over a 10 year period.
Prior to 10-23-95, my wife and I feel we were on top of the world and life is good. Gaylord, et al., after 10-23-95 suddenly, mysterious allegations are leveled. My wife and I are alleged child abusers, child neglectors, and drug addicts of drugs prescribed by a doctor the prior week. At the time of our hearing we were lined up for the new three strike lifetime package. A refusal to volunteer a quilty plea met with a greater need to keep the facts a secrect which open court wouldn’t provide. Thank God, the charges dismissed. How? We were told to leave the court as no record of any charges against us was even known.
In the blink of an eye taken apart from love ones and in caged for life. The purpose was to exclude us from a corporate lawsuit, feared of clear gross negligence. Please try to remember I was home studying my Bible, caring for my family and enjoying life. Not the kinda folks you want in your neighborhood right? I’ve gained insight to my Bible now. Within are the only sound reasons for some of mankinds’ failings even my own. Still, That Was Life My Friend. That’s something to think about.
There is no law. D.O.J. ??? There is only what can be bought or sold by the politics which rule. Can you say “beware” boy’s and girls?
Gee Wizz, Robert, and I thought I had problems. Please say a prayer for me. Ashton O’Dwyer.