Folks there is a story I’ve been holding onto for several days now that is of the compelling variety even though it is someone elses small town news. Simply put, one doesn’t hear much about the doings in a small town in southern Nova Scotia anywhere in the States and since the Canadian people are rumored to be tolerant souls the topic fits on Slabbed, especially with AROD lurking about to lend his insight to the subject matter of racism and abuse of civil rights under the color of law. So lets start by highlighting Timothy Gillespie’s story from last week, Shelburne mayor blinks, charges dropped on bullying victim.
The highly anticipated trial of a man accused by Shelburne mayor Alan Delaney of causing a disturbance at Town Hall was canceled at the last moment Wednesday as the crown prosecutor admitted that there was little chance of a conviction.
The trial is part of what Keith Jacklin says is years of persecution by the Town and two years of out-and-out bullying by Delaney. The most egregious episode, says Jacklin, a black loyalist descendant, is when he visited mayor Delaney at his home and the mayor told him to “go back into the woods where you belong, you half-bred nigger.”
Normally such things merit a defamation suit or two in that SLAPP happy libel tourism paradise known as the Nova Scotia court system but that is not the case with Jacklin, who is instead kicking ass in the local court of public opinion.
That said Jacklin’s photo leads me to question Delaney’s choice of racial epithets as he does not appear “black” to me at all but Momma always said all Canadians look-alike so this is where AROD hopefully will come in handy as New Orleans has a very rich multi cultural heritage that we have occasionally discussed here on Slabbed in reference to Sal Perricone’s pet judge Ivan Lemelle aka “Ivan the Terrible” whom our own AROD also knows so well.
To be clear most of us here in the Slabbed Nation are tolerant souls that abhors racism in all of its forms but we found the topic worthy of further exploration a couple of times in the past as AROD has termed Lemelle a “Blue Gum Nigger Bastard” more than a few times on these pages which I and several readers found curious as Lemelle is reportedly a “7th Ward creole”. To me he resembles a combination of Winston Churchill and Thurgood Marshall but what do I know.
In any event I always thought it curious that shades of skin pigment divide those that are already supposedly divided but human nature is what it is folks. For those that think thuggery under the color of law is unique to the Southern U.S. please read Mr. Jackin’s story that I linked above as somewhere in it is the reason there is a Slabbed Nation in Canada that literally stretches from the Maritimes to the Pacific Ocean as the average Canadian isn’t much different from the average Bubba here south of the border.
sop
No doubt a few people will already have made up their minds about the subject I will address, asking rhetorically, “How can you defend the indefensible?” To which my reply is: “How do people like Lemelle defend the indefensible, commit crimes, and continue to get away with committing crimes, and escape any and all punishment solely by virtue of their skin color?” Preliminarily, I really have no insight into the reprehensible conduct of Mayor Alan Delaney of Shelburn, Nova Scotia. I have observed that he is a public figure (I am NOT). His conduct complained of apparently spanned at least two years and was executed, at least in part, in an “official” capacity. Nova Scotia has a different system of laws than we do (What is the role of “the High Commission”?), as witnessed by what SOP has suffered at the hands of the Nova Scotian Court system. Something also tells me that what we now know as the United States fought a revolution against people like those who still inhabit Nova Scotia to guarantee things like “freedom of expression”, now embodied as an inalienable right in the First Amendment to the U.S. Constitution, which appears to be “alien” to the inhabitants of Nova Scotia. So whatever Mayor Delaney gets, he “earned” because of his official position, and his mouth, in Nova Scotia. Now to the “meat” of the story: When I was a boy, the O’Dwyer Family had a large number of Negros employed: maids, cooks, laundry women, chauffeurs, yacht attendants, handy-men, waiters, bartenders, etc. These people were loved, and the love was returned, because they were part of an “extended Family”. NO ONE in the Family would EVER have said or done anything to hurt any of them. Accordingly, it was made very plain that any use of “the ‘N’ word”, EVER, was Octogon soap or Cayenne pepper in the mouth, and the loss of privileges. I was never punished for using the “N” word, because it simply wasn’t done. Things changed in the early 1960’s. One very early morning at the Family business on Jefferson Highway, between 4:00 and 5:00 AM, my Uncle Rudy, my GodFather Rudolph T. O’Dwyer, Jr., was robbed by two, maybe three (one in the “getaway” car), Negros, who pistol-whipped him and split his face open, and then while he lay on his back, bleeding from his head wounds, helpless on the floor, SHOT HIM IN THE GUT. Uncle Rudy survived, but only after a very long and tenuous recuperation. I won’t even begin to recount how much the robbers stole from my Familly in cash and jewelery. The point is that, after that incident, THE GLOVES CAME OFF, although, I must say that it changed my personal behavior and interaction with Members of the Negro race very little. Now on to Lemelle: SOP has written: “…a couple of times in the past as AROD has termed Lemelle a ‘Blue Gum Nigger Bastard’ more then a few times on these pages.” I certainly stand to be corrected, but I do not believe I have EVER said that about Lemelle in Public, on the pages of SLABBED. Rather, I believe that SOP is confusing what I may have said with what others have quoted me as having said. Let me explain: After Lemelle summarily suspended me from the practice of law for 5 years, for “nothing”, on a record based on LIES, refusing to follow the Court’s own Rules and refusing to appoint an impartial Investigator to investigate the charges against me, and to issue a Report, which I could traverse, prior to a full-blown Trial of the issues, and after Lemelle had disbared me from Federal Court without even any hearing whatsoever, and after Lemelle had entered a Default Judgment against me for almost $200,000, which forced me to file for bankruptcy, with the attendant ebbarrassment, humiliation and disgrace, not to mention the loss of my house, I wrote Lemelle a handwritten, “Personal and Confidential” note, which said: “You, Sir, are a blue gum nigger bastard. If you want to do anything about this, you know where I live.” Parenthetically, Lemelle had been to my house on the Saturday prior to my abduction in September 2005. He had NO BUSINESS presiding over any matters involving me, but he steadfastly and repeatedly refused to recuse himself. Anyway, it was Lemelle who then chose, for reasons of his own, to make my Personal and Confidential note to him “public”. Since then, the note has “made the rounds”, even showing up as a “Government Exhibit” in my criminal case, the purpose of which could ONLY have been to attempt to inflame and prejudice the jury against me, if the case had gotten that far. One other point before I move on: My Personal and Confidential note to Lemelle was directed to ONE PERSON, not to a race of people. After I sent the note to Lemelle I contacted EVERY SINGLE ONE OF MY BLACK FRIENDS IN PERSON to explain the circumstances, and we remain friends. Now to Lemelle: I believe this SCOUNDREL belongs in the Federal Penitentiary, if for nothing else, his “sentence” of Betty Jefferson to home confinement for stealing something in the neighborhood of $1 million. (Compare Ashton O’Dwyer’s “conduct” in his “Disciplinary” case with Betty Jefferson’s conduct, and then say who has been treated more harshly by Lemelle). But Lemelle cannot deny that he is a CRIMINAL. One need look any further than the Fifth Circuit Opinion in “In Re: High Sulphur Content Gasoline Products Liability Litigation”, 517 F.3d 220 (5th Cir. 2008). In that case, which Lemelle failed to disclose to me in my Disciplinary case, because it revealed his extra-judicial relationships with many of the very same plaintiffs’ attorneys I was fighting in the “Victims of KATRINA” litigation, and who had “influenced the bringing of the Disciplinary case against me, Lemelle committed the following actionable misconduct, which Ashton O’Dwyer avers was CRIMINAL: (Fifteen or so “bullet points”, and the balance of this Comment, to follow, separately). Ashton O’Dwyer.
Regarding your Slabbed in comment use of BGNB I stand corrected Ashton.
sop
Part 2 of Ashton O’Dwyer’s COMMENT, some of which addresses Lemelle’s misconduct and CRIMINAL conduct. (1) The reported case reflects that Lemelle has a well-documented “history” of rule-breaking and denial of due process of law to litigants and their attorneys. (2)The case shows that Lemelle abdicated his responsibility to ensure that individual awards recommended by the “Fee Committee” were fair and reasonable. 517 F.3d at p. 227. (3) The case shows that Lemelle used “flawed fee allocation procedures” that were inconsistent with well-established class action principles and basic judicial standards of transparency and fairness”. 517 F.3d at 227. (4) The case shows that Lemelle employed unauthorized and objectional processes which included accepting “Lead Counsel’s” proposed fee allocations without benefit of supporting data, sealed individual awards, prevented counsel from communicating with anyone about the awards, required releases from counsel who accepted payment, and limited its own scope of review of objections to allocations, resulting in an “inherently flawed” review procedure. 517 F.3d at 223-224, 232. (5) The case shows that Lemelle failed to discharge its duty to moniter legal fees by the perfunctory approval of the allocation derermined by the “Fee Committee”. 517 F.3d at 229. (6) The case reveals that Lemelle scheduled and participated in at least one ex parte “hearing”, without notice to the other litigants through their attorneys, thus depriving them of the oppourtnity to confirm or challenge the Fee Committee’s statements about their contributions to the case. 517 F.3d at 229, 331. (7) The case shows that Lemelle rubber-stamped the Fee Committee’s recommendation after one afternoon of “deliberation”, instead of closely scrutinizing the Fee Committee’s proposed allocation. 517 F.3d at 229, 234. (8) The case shows that Lemelle allocated generous fees to “insider” lawyers, pursuant to a “secret” formula, and placed a “gag” order on the attorneys, which kept the public, the litigants and their attorneys “in the dark” about matters they were legally entitled to know. 517 F. 3d at 229. (9)The case shows that Lemelle misrepresented on the record that he had considered the factors set forth in “Johnson v. Georgia Highway Express”, 448 F.2d 714 (5th Cir. 1974), when the record failed to support his obvious misrepresentation. 517 F.3d at 229-330. (10) The case shows that Lemelle improvidently sealed parts of the record without good reason. 517 F.3d at 230. (11) The case shows that Lemelle entered sealed orders, which he refused to unseal. 517 F.3d at 232. (12)The case shows that Lemelle failed to recognize the inherent “conflict of interests” which the Fee Committee had in recommending fee allocations abd deferring to the Committees recommendations. 517 F.3d at 232-235. (13) The case shows that when confronted with the provisions of the Federal Rules of Civil Procedure, the Code of Conduct for United States Judges, and the Rules of Professional Conduct, Lemelle “circled the wagons” and failed to follow the Rules himself or to require that others follow the Rules. (14) The case shows that Lemelle ran afoul of Rule 62(a) by ordering that fees be disbursed immediately. 517 F.3d at 230-231. (15) The case shows that Lemelle violated Rule 23(h) by failing to ensure that the process for setting fees was “fair”. 517 F.3d at 231. Ashton O’Dwyer finds it noteworthily ironic that NONE of the allegations against O’Dwyer in the Disciplinary case (largely premised upon LIES and MISREPRESENTATIONS which would have been corrected if O’Dwyer’s accusers had bothered to READ what they SIGNED prior to affixing their signatures (they were “put up to it” by others, who actually prepared the documentation), remotely approach the above-described misconduct, CRIMINAL conduct and reprehensible behavior by a still-sitting Federal Judge. Yet, the same “Judge”, who sentenced O’Dwyer to disbarment without so much as a hearing, still sits on the Federal Bench (now THAT’S REALLY SCARY!) without being disciplined, much less prosecuted criminally, for his reprehensible behavior, which continues every time he takes the Bench. There are a few other things I want to say: While I was in prison, 34 days in solitary, but interacting with other inmates when i was given shower privileges 3 times per week (the shower was on a Tier, which mede me “glad” to me in solitary), and when I was transported in a prison van with other inmates to Court, and placed in a “holding cell” with other inmates in the Courthouse building, I HEARD THE “N” WORD SPOKEN OR YELLED MORE TIMES THAN I EVER HEARD IT IN MY LIFE! And more often than not, the “N” word was preceded by “MOTHERFUCKING”. I kid you not. So if some people are offended by the “word” (it’s “just” a word, and the last time I looked, it was still in the dictionary – some people are equally as offended by the word “motherfucking”), then they just have to get a life, and start dwelling on something important, like IGNORANCE among black males in the black Community, CRIME, particularly VIOLENT CRIME, among black males in the black Community (my fellow inmates in prison were at least 95% Negro, and I didn’t meet any “rocket scientists” in there), ILLEGAL GUN POSSESSION (and gun usage) among black males in the black Community, DRUG USE and DRUG DEALING in the black Community, and RAMPANT ILLEGITIMACY in the black Community. Two last points: My black friends, when I made my “Mea Culpa”, were perfectly capable of distinguishing “n24475s” from the rest of Society, black and white, red and yellow, rich and poor. And Lemelle has never had the GUTS to show up at my house. He abused the power of his office to hurt me enough. But when I look at myself in the mirror, I know what I see, and Lemelle sees…Well we all know what he sees, and what he will continue to see until the day he dies. Ashton O’Dwyer.
I’ve yanked your chain a few times, AROD, but kudos on these posts.
i was once on a jury panel in front of lemelle. during “voir dire” i attempted to explain a relationship between myself and a member of the defense team. i came away thinking that the judge is not very bright. i also had the displeasure of serving as jury foreman in yada magee’s civil court. OMG! LOL!
I don’t really assume that I’m off topic and no pun intended but if Nova Scotia has been labeled the “Mississippi of the North?” does that make Mississippi the ‘Nova Scotia of the South?’
Exactly!