|
[Homepage] [INS Terrorist Friendly Corruption] [Administrative Process Corrupted] [Trial to Warn of Terrorist Threat] [Links] |
to warn against the terrorist threat
Beginning September 25, 2000
Judge: Hon. SHIRA A. SCHEINDLIN, 99CIV.10405 Caryl Leventhal v. Janet Reno |
SITE-MAP |
|
            |
It has been said that the most important thing is NOT the facts of a case, but what the
jury is allowed to hear. Keeping facts from a jury is accomplished through
legal motions and judge's ruling. Due to factors mentioned above, the jury was kept from
hearing most of the key evidence, including rampant and
Trial events began some three days prior to its opening, when Mr. Alan R. Kaufman, Head of the US Attorney's Criminal Division threatened
the plaintiff and a key witness via an intimidating message through Caryl
Leventhal's attorney where he
Reprisal for Caryl Leventhal's
attempts at stopping rampant and documented INS criminal activity and
inefficiency
Caryl Leventhal's trial was an agony forced upon her by the arrogance, cruelty, bigotry and stubbornness of a US Department of Justice that cared nothing for the safety of the American people. For five years, all Ms. Leventhal wanted was an admission that she was unfairly treated. Money was not at issue. The Justice Department responded with two trial lawyers, accompanied by a supercilious gallery of fifteen taxpayer supported US Attorney "cheer leaders." They all basked in sadistic anticipation of crushing a brutalized and totally disabled whistleblower who just wanted someone to show their good faith in fighting a looming terrorist menace by saying they were sorry. |
|
"There are only two things which can be at stake in any litigation: Principle and Principal. Those interested in Principal are much easier to work with." (By a Virgo Harvard lawyer... and you know who you are) "Federal judges and the US Attorney's office work very closely together. It's like going into traffic court. The judge will tend to bend over backwards to accommodate the police officer." (By a really sharp female attorney who knows the score) "Non-lawyers seek justice in court because they view our judicial system as a portrait of life. Trial Lawyers seek money in court because they know it's a game of bluff and manipulation" (Michael Leventhal) |
|
THE UNANSWERED
QUESTIONS: Why
did judge Shira Scheindlin keep from the jury and court record, evidence and
Why did Judge Shira Scheindlin refuse to allow Caryl Leventhal a short time to secure a new attorney when the one she had was issued a letter of admonition by the courts on September 26, 2000 (the day he was to represent Caryl Leventhal in court concerning her complaint against the US Department of Justice) "for conduct that adversely reflects on his fitness as a lawyer." (On January 6, 2004, Caryl's former lawyer will be suspended from practicing law under charges of "conduct involving dishonesty, fraud, deceit or misrepresentation." Why did Eric B. Fisher, Deputy US Attorney place winning a case over information from this whistleblower that could warn the American people of terrorism? Why did Alan R. Kaufman, Chief of the US Attorney's (Southern District) Criminal Division threaten The Leventhal family with arrest and prosecution if they didn't censor this website to place the US Department of Justice in a better light? Why are they working to place America at risk? THIS
IS A TRIAL THAT SHOULD NOT HAVE HAD TO TAKE PLACE... It
was forced upon the plaintiff, Caryl Leventhal, after more than three
years of obstructionism and even a death threat in the USDOJ
Administrative Complaint Process. It was filed by a former USDOJ
employee seeking recognition of her mistreatment and viciously bigoted
Reprisal, after attempts to stop subsequently documented terrorist
welcoming corruption in INS
Section 245, 26 Federal Plaza, New York City. This included the
selling of Green Cards and issuing visas without proper background checks. No money was
requested. This was to be a battle for vindication by a terminally
ill woman, still hopeful of responsive government. It was an attempt
at evidence of a growing terrorist threat to America into the court public
record. ( |
USDOJ INS ATTEMPTS TO MASK THEIR TERRORIST FRIENDLY ENVIRONMENT: In December 1999 -- some two months after Caryl Leventhal Files suit against Janet Reno -- Brenda Grant (US Attorney's primary witness) is transferred from INS 26 Federal Plaza NYC to Newark New Jersey. This takes place after working some 25 years in the same location. In November 2000, some two Months after Agatha Stewart -- US Attorney's secondary witness -- testifies in the trial of Caryl Leventhal v. Janet Reno, she will be transferred to their Garden City NY Office. The highest ranking supervisors in Section 245's "Corruption Central" are exiled... But US Attorney Eric B. Fisher still has his marching orders: Destroy Caryl Leventhal, bury her agony and shut her up. September 22, 2000 (Friday) -
US Attorney attempts to rig trial by intimidating witness and plaintiff:
Michael Bressler, attorney for plaintiff (Caryl Leventhal) is contacted by a Mr.
Alan R. Kaufman. He identifies himself as
Given these statements and a prior
September 25, 2000 (Monday) - Jury Selection (7 jurors): Criteria: Anybody having any relationship to people with Multiple Sclerosis are weeded out. This is done to avoid undue compassion that might overwhelm their willingness to interpret the law exactly as written. Potential jurors who it is felt might have a vested interest in federal government operations are likewise rejected. Jurors who may not be able to follow the complexity of events are eliminated. Judge: SHIRA A. SCHEINDLIN September 25, 2000 - Caryl Leventhal testifies and is partially cross examined: See below: September 26, 2000 - Caryl Leventhal's cross examination continues and is subject to redirect by her attorney. Her testimony is completed: What Caryl (plaintiff) is not allowed to tell or show the jury in her testimony: 1. Plaintiff can not speak of the anti-Semitic death threat she received on April 26, 1998 that she has on tape. This piece of evidence was ruled "inflammatory" to the jury and "prejudicial" to the USDOJ. She can only state that the call was "ugly" or "nasty" etc. (Note: This will prove to be a very real problem in proving religious motivated discrimination) 2. Plaintiff cannot say that she was
diagnosed as having an exacerbation of Multiple Sclerosis,
3. "Expert Testimony" is a
requirement for reading even a simple
4. On US Attorney objection during
trial, plaintiff cannot bring up
documented facts about 20% of Brenda Grant's staff being subsequently arrested
for 5. On US Attorney objection during
trial, judge refuses to allow plaintiff testimony about being approached by an
employee of Brenda Grant's staff for complicity in INS corruption and
individual's subsequent arrest.
It should be noted
that "Reprisal" for Caryl Leventhal's attempts at ending corruption
within INS's notorious Section 245 was not covered by this suit. Such acts
are not covered by grounds for filing a federal suit of this kind and the USDOJ
had waged a campaign of killing this basis in the Administrative Complaint
Process since September 1996. On the other hand,
revealing large scale documented on-site criminal activity within the area in
which Caryl Leventhal worked was crucial. It went to the heart of why
Caryl Leventhal's staff and other employees displayed so much hostility towards
her. Judge Shira Scheindlin worked with the US Attorney to keep this information
out of the testimony of both Caryl Leventhal and Brenda Grant (The US Attorney's
main witness). 6. On US Attorney objection during
trial, an attempt to influence plaintiff
and her key witness through pre-trial intimidation by Alan R. Kaufman, Chief of
the US Attorney's office Criminal Division is kept from testimony
7. The jury will be denied knowledge of both Congressional reports and USDOJ reports admitting to this rampant corruption in INS Section 245.
Caryl Leventhal -- a woman disabled by Multiple Sclerosis -- tells her story amidst the personal terror of attempted intimidation by the Head of the US Attorney's CRIMINAL Division. Testimony includes public harassment and humiliation by Brenda Grant of plaintiff in front of her staff (thus making Caryl's effectiveness and authority over staff more difficult) and being forced to do heavy lifting and climbing in spite of pleading with her managers that it can exacerbate her Multiple Sclerosis [Editor's Note: Remember that Ms. Leventhal was not allowed to use medical terms. She could only testify that she complained these actions could make her Multiple Sclerosis "worse."] Furthermore, it includes pervasive anti-Semitic acts such as keeping her from observing Yom Kippur (the most holy day in the Jewish Faith), Caryl's manager frequently holding Ms. Leventhal's adherence of Judaism up to scorn (Caryl was not born into the Jewish faith, but adopted it over the years) in front of Ms. Leventhal's staff and refusing to allow her to put up a small menorah on her desk while at the same time of year, heavily decorating the office with Christmas Decorations. It includes backing Ms. Leventhal's staff in refusing to follow her instructions. It also includes racial innuendos by plaintiff's staff such as "she's not one of us." [Caryl's efforts to stop the rampant
corruption within Section 245 resulted in her being strongly disliked by her
staff. This was a strong motivating factor in why they refused to help Ms.
Leventhal with lifting of heavy objects and climbing to retrieve heavy
files. Ms. Leventhal was not allowed to display
September 26, 2000 - Gwen McPherson (Caryl's former Second Line Supervisor for a short period of time) testifies. Her testimony is completed: Backs Brenda Grant's decisions on terminating Caryl Leventhal (plaintiff) but admits that she had very little personal knowledge of Ms. Leventhal's activities or performance other than that supplied by Brenda Grant.
September 26, 2000 - Betsey Bittlingmeier Phd. (Caryl's former therapist) testifies. This is Caryl Leventhal's only testimony from a treating physican or expert witness because of financial considerations: Testifies that while treating Caryl Leventhal in 1999, plaintiff was plagued with frequent nightmares of what happened to her at INS. Among other things, claims that Ms. Leventhal was plagued with "Generalized Anxiety Disorder," that she was very nervous, high strung [Editor's note: Due to fear of being killed. But remember that evidence of plaintiff's recorded anti-Semitic death threat was suppressed from the jury] and depressed. When questioned further, Dr. Bittlingmeier stated that in her professional opinion, the torment of this woman with Multiple Sclerosis were caused by her treatment while employed at the Immigration and Naturalization Service. Dr. Bittlingmeier states that while Ms. Leventhal suffers from short-term memory problems common with Multiple Sclerosis (one reason why she cannot work), her long-term memory is fine and there is no reason to believe that anything she testifies to is tainted by confusion of fact.
September 26, 2000 - Michael Leventhal (Caryl's husband) testifies. His testimony is completed: Lieutenant Colonel Leventhal talks of his observations of Caryl Leventhal's deteriorating physical condition while employed at INS. Not being considered an expert witness (Mr. Leventhal has a ten year intimate knowledge of Ms. Leventhal's Multiple Sclerosis since it was diagnosed. In addition, he is exceptionally well read on the subject, continually reading medical journals and is fully capable of reading and explaining medical reports.). None the less, as a "layman" he can only supply limited opinions in restricted language. LTC Leventhal talks of the many letters he sent up the chain of command between June 10, 1996 when Caryl became "very ill" (he can't use the term "Exacerbation of Multiple Sclerosis, can't speak of Ms. Leventhal's family physician writing a medical note claiming that Ms. Leventhal was suffering from hypertension and an Acute Exacerbation of Multiple Sclerosis. Also, he can't talk about the MRI report diagnosis and can't speak about a report from a neurologist. All of this physical evidence is kept out because judicial rules. Remember, that without a designated expert to read simple notes, they are considered "heresy" and are inadmissible ). Numerous certified letters are presented as evidence, showing that between June 10, 1996 and Caryl's termination without warning on August 8, 1996, Mr. Leventhal complained to virtually everyone up the chain of command, including Janet Reno. Nobody ever replied to these letters. Additionally, Mr. Leventhal speaks of being hung up on by Caryl Leventhal's managers when he phoned begging them not to yell at Ms. Leventhal when she phoned in sick. Calls (denied but confirmed by phone records) are itemized. Mr. Leventhal speaks of months of cranks calls when Affidavits were being taken by those accused during the Administrative Complaint Process (although documented obstructionism in this process can't be mentioned.) He speaks of the vicious and taped anti-Semitic death threat, received while in a subsequent court battle within a US Equal Employment Opportunity court (although he is not allowed to say anything other than it was an "nasty" call). The US Attorney responds by mocking him for being a military officer decorated for bravery (That's right, you many readers in the military and veterans). Accuses Mr. Leventhal of being somehow un-American through his Administration of his disabled wife's website www.Justice-Denied.net. The US Attorney attempts to impugn Mr. Leventhal's loyalty to the United States because he is critical of the US Department of Justice's actions relative to its treatment of Caryl Leventhal. And what should be disturbing to all Americans, the US Attorney accused Mr. Leventhal of planning Ms. Leventhal's lawsuit to affect the "November elections." [Note: Mr. Leventhal dropped these words in a telephone conversation months earlier. He suspected that the US Department of Justice had targeted his home for either wiretapping or email snooping and was using it as bait.] When Mr. Leventhal asked the cross-examining US Attorney where they got this information, they immediately backed off and said no more. Mr. Leventhal testified that he was a Libertarian and had no vested interest in either the Republican or Democrat Parties. (In point of fact, he usually splits his vote, but this is the USDOJ in action, folks)
September 26, 2000 - Brenda Grant (Caryl's First and Second Line Supervisor) partially testifies: See Below: September 27, 2000 - Brenda Grant completes testimony: Ms. Grant claims that Caryl Leventhal couldn't do her job (Surprising, since for years up to her employment with INS, she was doing far more complex work in the private sector with solid reviews.) Ms. Grant admits that she publicly and frequently yelled at and humiliated Caryl Leventhal in front of Ms. Leventhal's staff. Testifies that this type of treatment "gets the work done." Ms. Grant admits that on many occasions, she publicly sided with members of Caryl's staff (thus reducing Ms. Leventhal's authority). Upon questioning, Ms. Grant affirms that
she "never makes mistakes." She affirms that she
"never" transposed a number, "never" forgot to put in a zip
code, "never" misspelled a word and "never" added a series
of numbers incorrectly in her 29 years at INS. [Note: At the same time, Caryl's attorney is
prevented from questioning Ms. Grant relative to rampant criminal activity being
conducted right under her nose in Section 245, INS.
Ms. Leventhal's attorney questions Ms. Grant about her interest in quantity of work over quality in the Green Card processing process. Brenda Grant readily admits that quantity was the priority. [Note: 1995-1996 was the period of a program called "Citizenship USA. In Ms. Leventhal's Depositions prior to trial, frequently spoke about how she would return incomplete paperwork for redo and be yelled at by Ms. Grant. Evidence of Citizenship USA deficiencies to back Ms. Leventhal's job commitment and efficiency were inadmissible as trial evidence.] Ms. Grant testifies that Ms. Leventhal asked for help in carrying heavy boxes and climbing high shelving. She admits that she kept Ms. Leventhal out of departmental planning sessions (thus keeping Ms. Leventhal in ignorance of what was going in) on the grounds that Caryl was incompetent. Ms. Grant testifies to refusing approval of Caryl taking September 23, 1996 (Yom Kippur) off. At the same time, she testifies to giving that day off to Ms. Leventhal's Christian Lead Clerk (who takes Yom Kippur day off because her daughter works for a Jewish owned company that is closed on that Yom Kippur). Ms. Grant denies any knowledge that September 23, 1996 was Yom Kippur (one of only two religious holidays specifically mentioned in the INS Administrative Manual) and that Caryl never told her. When Brenda Grant is questioned about knowledge of Caryl Leventhal's religion, she replies that Caryl only told her that her husband practiced Judaism. Denies she ever kept Caryl from placing a small Menorah on her desk during holidays or attempted to turn her from Judaism. She also admits that in 29 years of employment by INS, there were only two instances of tracking someone's day to day activities in preparation for filing formal termination papers (one was Ms. Leventhals). Additionally, Brenda Grant admits that filing these papers should be the responsibility of Ms. Leventhal's First Line Supervisor Agatha Stewart (who later testifies that she never requested that Ms. Leventhal be terminated and never participated in writing Caryl's termination papers). Ms. Grant admits that in her request for Ms. Leventhal's termination, she never mentioned that Ms. Leventhal was home seriously ill with an Exacerbation (Oops... can't use that word to the jury) of Multiple Sclerosis, that Ms. Leventhal and her husband did call in sick, that she received Certified letters stating that Caryl was seriously ill with an Exacerbation of Multiple Sclerosis and complaining about mistreatment. Ms. Grant admits that she received a physician's note confirming Ms. Leventhal's illness (although the note cannot be shown to the jury and the diagnosis in the note can't be read to the jury). Ms. Grant then goes on to say that in spite of this, she marked Ms. Leventhal AWOL (absent without official leave) and denied her accumulated sick pay. When questioned further, Brenda Grant testifies that between June 10, 1996 and Caryl's August 8, 1996 termination, she was aware that Caryl Leventhal was sick with an Exac.... (Opps, can't use it) Multiple Sclerosis. Ms. Grant admits that she never mentioned anything about this fact in her request for Caryl's termination and supposed "she just wasn't showing up." When cross examined further by Ms. Leventhal's attorney, Brenda Grant admits that she never phoned Ms. Leventhal to see how she was, never wrote Ms. Leventhal to determine her condition or when she was returning and furthermore, had no interest in finding out. [In this case -- and
kept out of testimony -- Caryl Leventhal was constantly attempting to curb what
she considered to be rampant criminal activity in Section 245. Brenda
Grant admitted Caryl supplied written suggestions in earlier deposition
testimony and that Ms. Grant rebuffed these efforts at every turn. This information was
kept out of the trial, as were
September 27, 2000 - Agatha Stewart (Caryl's First Line Supervisor) testifies: Agatha Stewart testifies that Caryl told her she lives in a Jewish home. Admits that she never asked that Ms. Leventhal be terminated and that the whole idea was Brenda Grants. Admits that she never saw any request for Caryl Leventhal's termination. September 27, 2000 - Edward McElroy (INS District Director) testifies [Note: Edward McElroy also suffers from Multiple Sclerosis]: Admits that he never met or saw Caryl Leventhal. Admits that any substantive information he had came from Brenda Grant. Admits that the termination letter he signed was not written within 26 Federal Plaza but in INS Regional Headquarters, Vermont and that he just signed it. Appears very shocked when on cross examination, he is told that when he signed Ms. Leventhal's termination letter, she was home with a flair-up of Multiple Sclerosis. Says he never knew she was home ill and based on what Brenda Grant told him, thought she just stopped showing up.
September 27, 2000 - Eric Fisher (US Attorney) gives Summation: Claims that this
is just a matter of terminating someone who couldn't do the job. Taking
full advantage of
September 27, 2000 - Michael Bressler (Caryl's attorney) gives Summation: Recaps events of Caryl's time at INS and claims that testimony and evidence proves a "Hostile Work Environment." [Note: Attorney Summation published when supplied] |
|
SITE-MAP |
For those using music capable Internet Explorer or AOL, text accompanied by Sonny & Cher's "I Got You Babe"
Commentary and Editor's Notes written and Copyright © by: LTC Michael G. Leventhal
Copyright 2000 Reproduction with written permission. Contact: Michael @Justice-Denied.net
|
For comments about this site, feel free to e-mail: Caryl@Justice-Denied.net |
Trial
Events
documented "terrorist friendly"
corruption
"For Real Justice you need
Real Money" (By a very hip
Yale lawyer
with over 30 years experience)
testimony of the
rampant terrorist friendly corruption Caryl Leventhal was attempting to
stop (You can find it
by going to the