BUSH APPOINTEE in Northern District of New York, Deals Right to Dissent a Death Blow! Options

[Livyjr]

Appeals should be out in the open, is what I think, anyway, which is to say, there should be witnesses to what transpires there that day, as was the case here in Rensselaer County back on November, 30, 1992, when we MUTE WITNESSES were assembled in Rensselaer County Court to hear what we thought was going to be "argument" in another "appeal" involving this same PLAINTIFF!

And this appeal argument on November 30, 1992 was quite important, to all of us, because it involved the "PRECURSER" intimidation tactic employed against this same PLAINTIFF by Rensselaer County, only that time using false criminal charges, which ultimately backfired against Rensselaer County, as this appeal transcript clearly demonstrates, because of the strong "DUE PROCESS OF LAW" provisions that are built in to the New York State Criminal Procedure Law to protect the innocent from malicious prosecution for political purposes by the "modern state"!

The dialogue from that appeal on November 30, 1992 between Rensselaer County Court Judge M. Andrew Dwyer and Assistant Rensselaer County District Attorney Richard McNally who had been hounding the PLAINTIFF through the criminal courts of Rensselaer County since 1990 on false testimony and manufactured evidence is as follows, and we were there to not only hear what transpired, which is important, in and of itself, since it is an official transcript, BUT MORE .....

BECAUSE OF WHAT WE SAW, with OUR OWN EYES, which was JUSTICE, true justice, finally be effected in that particular portion of this long night of terror for OUR PLAINTIFF:

JUDGE: There is a MOTION on, that I might as well dispose of first.

That is PEOPLE v. PLAINTIFF.

Apparently, it is pro se.

Mr. McNally, are you here for the PEOPLE?

This is a legal question.

I don't see that argument is necessary!

MCNALLY: This is a Motion to Dismiss!

JUDGE: A Motion to Reargue a Motion to Dismiss!

MCNALLY: I have no position, other than to say, the Court, in its previous position, left me without any recourse other than to not oppose a Motion to Dismiss, in my opinion!

JUDGE: That is your position?

MCNALLY: That is my position!

JUDGE: THEN YOU CONSENT TO THE DISMISSAL?

MCNALLY: I do, Judge, based upon the fact that the Court, in its previous Decision, left me with an untenable position at trial!

JUDGE: How closely did you read the decision?

MCNALLY: Very!

JUDGE: The District Attorney consented?

MCNALLY: It was the Court's opinion at trial that there was other evidence out there, and I can affirm that there IS NOT OTHER EVIDENCE ON WHICH TO BASE A PROSECUTION AND THE COURT RULED THE EVIDENCE THAT WAS PRESENTED INSUFFICIENT, AND I HAVE NO OTHER EVIDENCE!

JUDGE: And you take the position that you have no further evidence, at all?

MCNALLY: No further evidence, Judge!

JUDGE: Then it is dismissed!

MCNALLY: (to PLAINTIFF) Good job!

PLAINTIFF: Thank you, Your Honor!

(Whereupon, matter concluded)

- EXCERPTED from pages 121-124 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

SO!

Another recap, to keep everybody up to date as to what we are talking about in here, since we are dealing with a chain of causality, or a chain of events, all inextricably linked to corruption in the Town of Poestenkill, the County of Rensselaer, and the State of New York, which extends over a period of time from at least 1986, and actually, years before that even, right on up to and through March 31, 2005, when this federal court decision in question in here was issued, and to right now.

The question before the audience in here is one of:

SHOULD EXPERT WITNESSES FOR THE COMMON PEOPLE IN AMERICA BE DENIED PROTECTION OF LAW WHEN THEIR EXPERT WITNESS TESTIMONY IN A COURT OF LAW THREATENS CORRUPTION WHICH FEEDS THE COFFERS OF THE POLITICAL PARTIES IN AMERICA?

SO!

We are talking about Constitutional "due process of law", which most people in America that I have talked to over the years are completely clueless about, and Constitutional "equal protection of law", an idea or concept which most people in America that I have talked to over the years scoff at!

"Equal protection under the law?"

"You got to be kidding me!"

And so, there we actually are with this matter under discussion here, which is real, and very well-documented, although "unsung", and un-publicized, before the advent of this internet forum, which suddenly provides us common citizens in America with a "voice" that we have never had the equal of before, at least in my own lifetime here in America, which stretches almost sixty years now.

SO?

How then do we use that "voice"?

Well, this thread is an experiment in that direction, I would say!

How do you describe an "assault" on your Constitutional rights to others?

How do you adequately describe an "injustice"?

"Oh, Livyjr, you are just full of sour grapes because your side lost!"

And how does one intelligently answer that charge?

IS EVERYONE WHO LOSES IN COURT IN AMERICA REALLY JUST A LOSER?

And if not, how do we plain, ordinary citizens discern the "difference", especially if we are totally ignorant of what the "law" even is, or what it should be, especially in these days of shouting and demagoguery from the Bush administration and the Republican hierarchy about "judicial activism"?

For example, when the United States Supreme Court ruled in 1971, in Wisconsin v. Constantineau, 400 U.S. 433, 435 (1971), that:

"Where a person's good name, reputation, honor, or integrity is at stake because of what the GOVERNMENT is doing to him, notice and an opportunity to be heard are essential."

"Only when the whole proceedings leading to the pinning of an unsavory label on a person are aired can oppressive results be prevented!"

WAS THAT JUST A BUNCH OF MALARKY?

Judicial activism, perhaps, because the United States Supreme Court is disrespecting the GOVERNMENT by limiting its "right" to destroy people in the community by destroying their good name, reputation, honor, or integrity, for political purposes?

Is this 1971 United States Supreme Court just a bunch of twaddle BECAUSE common people in America DO NOT HAVE a "good name, reputation, honor, or integrity" in the first place, unless they "buy" some from the dominant political party in their area?

Was it good and just and proper for RENSSELAER COUNTY in 1989, 18 years AFTER the United States Supreme Court ruling in Wisconsin v. Constantineau, to "protect" itself by BRANDING a professional engineer about to come forward with evidence of corruption in Rensselaer County and the New York State Department of Health as an "irrational Viet Nam veteran", absent any evidence whatsoever to back up such scurrilous charges?

If one of you out there in America decides that you have had enough with corruption in your own town hall, should your own government have the "right" to "pick you off" on your way to court, by having a doctor declare you a dangerous mental patient, so that the State Police can then come and "pick you up" for "transport" to a secure mental health facility, or GULAG?

Or how about your children, if you have brought them up to believe in TRUTH, JUSTICE and the American WAY, if such things are even taught in America anymore, which is something that I, an older American and disabled veteran wonder at, as I listen to what topics people have on their minds on a day-to-day basis, to be truthful?

If your children take a look at what is going on in your community, and they notice a stink of corruption wafting up from your town hall, should they do what is smart, and go and hide in the deepest recesses of your basement, and keep their mouths shut, as "good Americans" are supposed to do?

Should your children perhaps emigrate to some other community where it might not be so corrupt?

And if your children do decide to do what is "right" versus what is "smart", should they be hauled off to a GULAG or secure psychiatric institution run by some CORPORATION, such as Northeast Health, Inc. in Troy, New York which specializes in "providing" such "security services" to the "government", for some "mind-wiping" that will "correct" their attitude for them, and leave them drooling a lot afterwards, without anything to say, about anything?

It is your choice, America, as it always is, and up here, in the corrupt EMPIRE STATE of New York, the "PEOPLE" have largely "spoken" by remaining silent!

"Yes, do anything you want!"

"Take anything you want!"

"Take my wife, take my children, just leave me alone, I didn't say anything!"

SO?

In what "kind" of country do the common folks say those kinds of things?

A real DEMOCRACY?

A true REPUBLIC?

A mockery of either or both?

You decide!

And here, a reader has stopped me to ask if I can point to anything at all that conclusively states that in the State of New York, licensed professional engineers are not supposed to be playing "politics" ....

By signing off on projects that do not meet the requirements of all applicable federal, state and local laws, rules and regulations .....

As the PLAINTIFF was being required to do in this matter by Rensselaer County as a CONDITION OF HIS EMPLOYMENT with the Rensselaer County Department of Health in 1988 ....

Or more specifically perhaps, can I point to anything that definitively states that in the State of New York, licensed professional engineers are supposed to act with integrity at all times .....

And my answer is yes, I believe that I can ....

As follows:

A local board of health may not confer immunity on a professional engineer from any of the Rules of the Board of Regents defining unprofessional conduct set forth in Part 29 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 N.Y.C.R.R.).

Sections 6506, 6507, 6508 and 6509 of the New York State Education Law GIVE NO AUTHORITY to local boards of health in PROFESSIONAL ENGINEERING OR DISCIPLINE MATTERS.

A PROFESSIONAL ENGINEER SHOULD NEVER COMMIT PROFESSIONAL MISCONDUCT.

WHERE A PROFESSIONAL ENGINEER IS GIVEN DIRECTIONS THAT REQUIRE HIM OR HER TO COMMIT PROFESSIONAL MISCONDUCT, IT REMAINS THE OBLIGATION OF THE PROFESSIONAL ENGINEER NOT TO COMMIT SUCH MISCONDUCT.

Nothing in the definition of the practice of engineering under section 7201 of the Education Law PERMITS AN EXEMPTION FROM PROFESSIONAL DISCIPLINARY VIOLATIONS ON THE GROUNDS OF HAVING FOLLOWED ORDERS FROM A LOCAL HEALTH BOARD.

A professional engineer is ALWAYS RESPONSIBLE for his or her own professional work.

WHILE A PROFESSIONAL ENGINEER MAY TAKE PURELY ADMINISTRATIVE ORDERS FROM AN UNLICENSED PERSON, THE ENGINEER SHOULD NEVER FOLLOW ORDERS WHICH REQUIRE HIM OR HER TO COMMIT PROFESSIONAL MISCONDUCT.

Again, it is the professional engineer's PERSONAL OBLIGATION NOT TO COMMIT PROFESSIONAL MISCONDUCT.

Those words are taken directly from a June 11, 1991 letter on New York State Education Department stationary to us, the concerned citizens in this matter, from a Mr. Lance R. Plunkett, Senior Attorney, Regulations Review Unit, New York State Department of Education ....

Who was responding to us on behalf of Mr. Douglas Hasbrouck, Executive Secretary for the New York State Board for Engineering and Land Surveying in the State of New York ...

Where all of what transpired in this matter took place ....

My position in this thread ....

Is that this June 11, 1991 letter from the New York State Department of Education ...

Is clear and concise on its face ....

And unambiguous .....

And that it represents THE OFFICIAL STATED POLICY of the "State of New York" with respect to how licensed professional engineers must conduct themselves at all times in the State of New York ...

Regardless of POLITICAL PRESSURE .....

Or threats and intimidation ....

On the one hand .....

And regardless of a "lax regulatory environment" on the other ....

AND THAT IS WHERE THE ON-GOING DISPUTE IN THIS MATTER STEMS FROM ....

How "ABSOLUTE" is the law, really, when it does come right on down to the NITTY-GRITTY .....

Where a licensed engineer like PLAINTIFF is told by a powerful REPUBLICAN lawyer to "*** THE LAW, JUST DO WHAT YOU ARE BEING TOLD TO DO, OR YOUR SORRY *** IS GOING RIGHT ON OUT THE DOOR, AND I'LL PERSONALLY SEE THAT YOU NEVER WORK AS AN ENGINEER IN THE STATE OF NEW YORK, EVER AGAIN!"

How "absolute" is the law .....

When a Bush-appointee federal district court judge in the federal Northern District of New York makes it very clear to all of us "honest folks" up here who believe in the "law" as stated in that June 11, 1991 letter ....

That that law is nothing but one great big joke ...

And so ....

[Livyjr]

NOVEMBER 30, 1992

PROCEEDINGS BEFORE RENSSELAER COUNTY COURT JUDGE M. ANDREW DWYER

RENSSELAER COUNTY COURT JUDGE: THEN YOU CONSENT TO THE DISMISSAL?

ASSISTANT RENSSELAER COUNTY DISTRICT ATTORNEY RICHARD MCNALLY: I do, Judge, based upon the fact that the Court, in its previous Decision, left me with an untenable position at trial!

JUDGE: How closely did you read the decision?

MCNALLY: Very!

JUDGE: The District Attorney consented?

MCNALLY: It was the Court's opinion at trial that there was other evidence out there, and I can affirm that there IS NOT OTHER EVIDENCE ON WHICH TO BASE A PROSECUTION AND THE COURT RULED THE EVIDENCE THAT WAS PRESENTED INSUFFICIENT, AND I HAVE NO OTHER EVIDENCE!

JUDGE: And you take the position that you have no further evidence, at all?

MCNALLY: No further evidence, Judge!

JUDGE: Then it is dismissed!

MCNALLY: (to PLAINTIFF) Good job!

PLAINTIFF: Thank you, Your Honor!

(Whereupon, matter concluded)

- EXCERPTED from pages 121-124 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

And here ...

A young reader wants to know ....

What exactly was it ....

That Assistant Rensselaer County District Attorney Richard McNally had no evidence of at that MOTION HEARING in Rensselaer County Court on November 30, 1992 .....

And what exactly was DISMISSED by Rensselaer County Court Judge M. Andrew Dwyer on November 30, 1992 ....

And how is it relevant to what happened in either 1989 or 2001 in connection with this matter ....

And that is an excellent question ....

And God bless the young people for having the courage to ask it ....

Is my thought anyway .....

And what Assistant Rensselaer County District Attorney Richard McNally had no evidence of .....

Was that PLAINTIFF was IRRATIONAL .....

As he was alleged to be ....

In a criminal information ....

That McNally had been prosecuting since Janaury of 1990 .....

The so-called IRRATIONALITY TRIALS in Rensselaer County in the State of New York ....

Which were the next level up on Rensselaer County's ESCALATING SERIES OF PUNISHMENTS for PLAINTIFF that Kenneth Van Praag had discussed with New York State Regional Public Health Director Dr. Ian Loudon in the October 13, 1988 letter posted above here a few days ago .......

McNally took the public statements of REPUBLICAN Deputy Rensselaer County Attorney Gordon Mayo and REPUBLICAN Rensselaer County Executive John L. Buono that PLAINTIFF was a VIET NAM VETERAN suffering from this made-up disease of POST VIET NAM SYNDROME ....

And he "constructed" or "manufactured" a criminal case out of those false charges or assertions of Mayo and Buono ...

Which he then "used" to harass PLAINTIFF through the courts of Rensselaer County .....

To deny PLAINTIFF access to a GRAND JURY in Rensselaer County .....

And to protect Gary James "JIMMY DAWG" Horton of Poestenkill, New York ....

Who had, as one of Rensselaer County's MORE PAINFUL AND LESS HUMANITARIAN APPROACHES towards the PLAINTIFF ...

Run the PLAINTIFF down on December 29, 1989 as PLAINTIFF was crossing Liberty Lane in that same town of Poestenkill .....

Where PLAINTIFF has resided for over fifty years .....

And where he is a respected licensed professional engineer in the State of New York ....

As well as being a decorated and respected Viet Nam combat veteran ...

And so ...

It was those false criminal charges that Judge Dwyer dismissed on November 30, 1992 .....

On the grounds that the prosecution of PLAINTIFF on those PATENTLY FALSE CHARGES was a violation of PLAINTIFF's CONSTITUTIONAL RIGHTS in the State of New York .....

This DISMISSAL coming almost two full years after the false charges of IRRATIONALITY and CRIMINALITY were first filed in Poestenkill Town Court by New York State Trooper Gary Kelly in January of 1990 ....

To cover over Gary James "JIMMY DAWG" Horton's December 29, 1989 vehicular assault of PLAINTIFF on Liberty Lane in the Town of Poestenkill ....

And it is the admission by McNally that he had no EVIDENCE OF IRRATIONALITY that makes this EXHIBIT DIRECTLY RELEVANT to what happened in 2001 ...

Where Rensselaer County was ONCE AGAIN FALSELY ASSERTING that PLAINTIFF was mentally ill and dangerous ....

Based upon nothing more than this fabricated and manufactured alleged "LONG PSYCHIATRIC HISTORY" that allegedly required Dr. John Christian Braaten of Northeast Health, Inc. in the City of Troy, New York to ORDER the New York State Police to take PLAINTIFF into custody for TRANSPORT to Northeast Health's secure psychiatric facility in the Samaritan Hospital in Troy, New York ....

Where PLAINTIFF was to be "TREATED" by Dr. Adrian Anthony Morris ......

A co-defendant of Braaten .....

Who had also allegedly falsely certified to the Office of the United States Attorney for the Northern District of New York ....

That he had examined the PLAINTIFF ....

And had found him to be mentally ill and dangerous ....

So as to justify PLAINTIFF's INCARCERATION in the Stratton VA Hospital secure mental health facility in Albany, New York .......

After he escaped the "net" in Rensselaer County ...

And had fled to the Stratton VA Hospital ....

In fear for his life ..

Seeking sanctuary there on federal territory .....

Only to find another AMBUSH waiting instead ....

And so ...

The McNally Transcript at pages 121-124 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005, goes directly to the unconstitutionality and illegality of the actions of the defendants on August 22, 2001 ....

And so .....

[Livyjr]

A local board of health may not confer immunity on a professional engineer from any of the Rules of the Board of Regents defining unprofessional conduct set forth in Part 29 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 N.Y.C.R.R.).

Sections 6506, 6507, 6508 and 6509 of the New York State Education Law GIVE NO AUTHORITY to local boards of health in PROFESSIONAL ENGINEERING OR DISCIPLINE MATTERS.

A PROFESSIONAL ENGINEER SHOULD NEVER COMMIT PROFESSIONAL MISCONDUCT.

WHERE A PROFESSIONAL ENGINEER IS GIVEN DIRECTIONS THAT REQUIRE HIM OR HER TO COMMIT PROFESSIONAL MISCONDUCT, IT REMAINS THE OBLIGATION OF THE PROFESSIONAL ENGINEER NOT TO COMMIT SUCH MISCONDUCT.

Nothing in the definition of the practice of engineering under section 7201 of the Education Law PERMITS AN EXEMPTION FROM PROFESSIONAL DISCIPLINARY VIOLATIONS ON THE GROUNDS OF HAVING FOLLOWED ORDERS FROM A LOCAL HEALTH BOARD.

A professional engineer is ALWAYS RESPONSIBLE for his or her own professional work.

WHILE A PROFESSIONAL ENGINEER MAY TAKE PURELY ADMINISTRATIVE ORDERS FROM AN UNLICENSED PERSON, THE ENGINEER SHOULD NEVER FOLLOW ORDERS WHICH REQUIRE HIM OR HER TO COMMIT PROFESSIONAL MISCONDUCT.

Again, it is the professional engineer's PERSONAL OBLIGATION NOT TO COMMIT PROFESSIONAL MISCONDUCT.

Those words are taken directly from a June 11, 1991 letter on New York State Education Department stationary to us, the concerned citizens in this matter, from a Mr. Lance R. Plunkett, Senior Attorney, Regulations Review Unit, New York State Department of Education ....

Who was responding to us on behalf of Mr. Douglas Hasbrouck, Executive Secretary for the New York State Board for Engineering and Land Surveying in the State of New York ...

Where all of what transpired in this matter took place ....

My position in this thread ....

Is that this June 11, 1991 letter from the New York State Department of Education ...

Is clear and concise on its face ....

And unambiguous .....

And that it represents THE OFFICIAL STATED POLICY of the "State of New York" with respect to how licensed professional engineers must conduct themselves at all times in the State of New York ...

Regardless of POLITICAL PRESSURE .....

Or threats and intimidation ....

On the one hand .....

And regardless of a "lax regulatory environment" on the other ....

AND THAT IS WHERE THE ON-GOING DISPUTE IN THIS MATTER STEMS FROM ....

How "ABSOLUTE" is the law, really, when it does come right on down to the NITTY-GRITTY .....

Where a licensed engineer like PLAINTIFF is told by a powerful REPUBLICAN lawyer to "*** THE LAW, JUST DO WHAT YOU ARE BEING TOLD TO DO, OR YOUR SORRY *** IS GOING RIGHT ON OUT THE DOOR, AND I'LL PERSONALLY SEE THAT YOU NEVER WORK AS AN ENGINEER IN THE STATE OF NEW YORK, EVER AGAIN!"

How "absolute" is the law .....

When a Bush-appointee federal district court judge in the federal Northern District of New York makes it very clear to all of us "honest folks" up here who believe in the "law" as stated in that June 11, 1991 letter ....

That that law is nothing but one great big joke ...

And so ....

And here ...

Another reader has asked, "Livyjr, IF everything in this June 11, 1991 letter to you concerned citizens from the New York State Education Department attorney is true, especially about Sections 6506, 6507, 6508 and 6509 of the New York State Education Law GIVING NO AUTHORITY to local boards of health in PROFESSIONAL ENGINEERING OR DISCIPLINE MATTERS, THEN WHAT HAPPENED IN RENSSELAER COUNTY, WHERE THE PLAINTIFF, A LICENSED PROFESSIONAL ENGINEER, WAS CLEARLY DISCIPLINED BY RENSSELAER COUNTY?"

And that is the QUESTION .....

WHAT DID HAPPEN IN RENSSELAER COUNTY, IF THE LAWS OF THE STATE OF NEW YORK GIVE NO AUTHORITY TO RENSSELAER COUNTY IN PROFESSIONAL ENGINEERING DISCIPLINE MATTER?

And the answer is that the law ...

IS REALLY JUST A JOKE .....

And so ...

And I am not being flip here at all ...

For when we received this reply, albeit about two years too late for it to do a lot of good for OUR Cause, which is to have "LAW AND ORDER" actually be ORDER based on LAWS, and not the whims of a local politician on the make, we then started pressing for an answer to that question ...

And things have grown progressively uglier from there .....

As this August 22, 2001 "PSYCHIATRIC TAKEDOWN" incident clearly demonstrates ....

Where the New York State Department of Education and the New York State Department of Health, along with the office of New York State Attorney General and GUBERNATORIAL CANDIDATE Eliot "Big EL" Spitzer have been providing very effective cover and PROTECTION for the New York State licensed professionals involved in making the August 22, 2001 "PSYCHIATRIC TAKEDOWN" into a "reality" ..........

That was and remains ...

A NIGHTMARE to us to this day .....

That THREAT of forced psychiatric incarceration in the CORPORATE GULAG Northeast Health, Inc. maintains in Troy, New York always hanging over our heads ...

Thanks to the recent federal court decisions in this matter under discussion in here .....

And the actions of the New York State Department of Health and the New York State Department of Education and especially, New York State Attorney General Eliot "Big EL" Spitzer .....

In protecting CORRUPTION in the State of New York ...

By destroying any competent witnesses ...

At least in Rensselaer County ...

Who might come forward ...

To aid and assist New York State citizens ...

In eradicating this CORRUPTION from OUR town, county and state government up here in New York State ...

In the federal Northern District of New York ....

Which now has us now essentially shut out of OUR TOWN HALL, OUR COUNTY GOVERNMENT, AND OUR STATE GOVERNMENT, not to mention the Office of the United States Attorney for the Northern District of New York .....

Because of our refusal to quit in this matter of the professional ethics of licensed professional engineers in the State of New York ....

Who, if corrupt, stand to do us a lot more harm than any other threat to our health and well-being that we can think of ...

Because licensed engineers are supposed to be safeguards protecting the public health and safety ...

And so ....

That June 11, 1991 letter was what is called up here, "A PUBLIC CONSUMPTION LETTER" ....

"Good politics" .....

Just as in the end, the March 15, 1989 Axelrod Report was "FOR PUBLIC CONSUMPTION" .....

Which is to say ...

SOON FORGOTTEN .....

With NO SUBSTANTIVE CHANGE to come ...

Rather, after the dust settles, the STATUS QUO resumes ....

And so .....

EXCEPT ....

We, by 1991, had been "agitating" against corruption in OUR town and OUR county health department especially ...

Since 1983 ...

And so ...

By 1991, we were not looking for more platitudes from another government lawyer .....

We were looking for change ...

And in New York State, that change was not about to be forthcoming then ....

And as this Bush-appointee decision under discussion in here demonstrates ...

The situation has deteriorated even further .....

And the New York State Education Department, through its OFFICE OF PROFESSIONAL DISCIPLINE, and the REPUBLICAN-controlled New York State Department of Health remain right at the centerpoint .....

With their ability to CREATE COVER-UPS ....

And so .....

What happened in Rensselaer County back in 1989 ...

Is that the New York State Department of Education, despite some mumblings from attorney Plunkett "FOR PUBLIC CONSUMPTION" two years later that licensed engineers should not commit professional misconduct ....

Simply turned its back ...

And allowed corruption to continue to flourish in Rensselaer County ...

By its waiving the provisions of law in New York State ...

By allowing Rensselaer County to "DISCIPLINE" a New York State licensed professional engineer in a REAL FARCE of a KANGAROO COURT ...

Where there were no RULES OF EVIDENCE ...

And no professional standards ...

And where everything that PLAINTIFF could say was simply dismissed as being "self-serving" ...

Since the decision to GET RID OF PLAINTIFF had already been made long since in advance ....

And "cleared" through channels, meaning that no interference to this FARCE would be forthcoming from the New York State Department of Health, the New York State Department of Education, and the Office of the Attorney General of the State of New York ...

Which office is the very best friend that CORRUPTION could ever find in the State of New York ...

And so ...

That is what happened in Rensselaer County in 1989 ....

And so ....

[Livyjr]

And here ...

Another reader is asking whether there is any definitive documentary evidence in the record .....

Outside of the McNally Transcript .....

Which was in connection with unconstitutional criminal proceedings against PLAINTIFF in Rensselaer County Court .....

Which would show that a public official in Rensselaer County used or attempted to use the PLAINTIFF's DICIPLINARY PROCEEDINGS in Rensselaer County to discredit PLAINTIFF before any New York State agenices employing other licensed professionals ....

To protect someone ....

Who was under investigation by PLAINTIFF for Public Health Law or Sanitary Code violations involving fraudulent Rensselaer County Health Department paperwork ....

And that answer again is in the affirmative ...

And this piece of documentary evidence on Town of Poestenkill stationary is the link between the County of Rensselaer .....

And Gary James "JIMMY DAWG" Horton .....

The REPUBLICAN "enforcer" who ran PLAINTIFF down on December 29, 1989 .....

And was then protected in court by the Office of the Rensselaer County District Attorney ....

Until the Statute of Limitations had ran out ...

And old "JIMMY DAWG" could no longer be prosecuted ...

For what was a "freebie" hit-and run vehicular assault .....

In the Town of Poestenkill, Rensselaer County, State of New York ...

This letter in question is dated June 30, 1989 ....

Almost six months even BEFORE the day in December of 1989 when "JIMMY DAWG" Horton will come out of the rising sun on Liberty Lane in the Town of Poestenkill in his pick-up truck ...

Where he will catch the PLAINTIFF trying to get back across from his newspaper box ....

And catch him a blow with the side of his truck that will damage PLAINTIFF's right shoulder and spine ....

Leaving him on the side of the road ...

While "JIMMY DAWG" ran off to protection ....

And so ...

On June 30, 1989, Poestenkill Town Supervisor Richard M. Amadon wrote a letter on behalf of "JIMMY DAWG" to Walter Roy Scott, Associate Architect/Oversight Program Manager, Codes Division, State of New York Department of State, Albany, New York 12231-0001 ....

Wherein Poestenkill Town Supervisor Amadon, himself neither licensed nor qualified to practice engineering in the State of New York ....

Nonetheless requested that Scott, an architect licensed to practice in the State of New York and bound by the same rules of practice as PLAINTIFF ....

Disregard a report that PLAINTIFF made to Scott in PLAINTIFF's professional capacity concerning code enforcement deficiencies in the Town of Poestenkill in connection with approvals given to "JIMMY DAWG" Horton based upon alleged bogus Rensselaer County Department of Health "permits" ....

Which report to Scott, the New York State architect ...

Was based upon the official findings of misfeasance and malfeasance in the Rensselaer County Department of Health ....

In the March 15, 1989 report of investigation of the Rensselaer County Department of Health ...

Of New York State Health Commissioner Dr. David Axelrod ....

Which report also confirmed several instances of questionable practices right there in Richard M. Amadon's Town of Poestenkill ....

Which instances were relayed to the Federal Bureau of Investigation by Dr. David Axelrod .....

And were written up extensively ...

In the Federal Bureau of Investigation records ....

That were before the United States Second Circuit Court of Appeals in this matter ....

In the O'Connor BIBLE, or RECORD, submitted to that Court by attorney Thomas O'Connor ....

The brother to REPUBLICAN Lt. Governor Mary Donohue ...

Herself in line for a federal judgeship ....

On behalf of REPUBLICAN Rensselaer County Executive Kathleen Jimino ....

Wherein O'Connor was demonstrating to the Second Circuit Court of Appeals why it was that Rensselaer County had had to resort to the MORE PAINFUL and LESS HUMANITARIAN APPROACH ...

Of having a CORPORATE DOCTOR falsely declare that PLAINTIFF was mentally ill and dangerous ...

So that a New York State Police SWAT Team could "take PLAINTIFF DOWN HARD" in front of the neighbors .....

Before taking him the the secure GULAG maintained by Northeast Health, Inc. in the City of Troy, New York ....

For a little "hard treatment" ...

Or shock treatment ....

At the hands of CORPORATE DOCTOR Adrian Anthony Morris ....

In the secure mental health facility ...

Of Northeast Health, Inc. ....

At Samaritan Hospotal ...

On Troy, New York ....

In that June 30, 1989 letter to architect Scott ....

On behalf of "JIMMY DAWG" Horton .....

Amadon was able to have Scott dismiss PLAINTIFF's report with the following few words, to wit:

Dear Mr. Scott:

As Supervisor of the Town of Poestenkill, I am writing in response to your letter of June 13, 1989 regarding the above referenced complaint concerning code enforcement in the Town of Poestenkill.

By way of preface to my response, I would note that the complainant, PLAINTIFF, in addition to being a resident of the Town of Poestenkill, was until recently also the Director of Health for the Rensselaer County Department of Health.

For reasons best known to Rensselaer County and not directly relevant to this response, PLAINTIFF was suspended from his position by Rensselaer County in or about January of 1989 and was in fact dismissed by Rensselaer County on or about May 26, 1989.

I mention these facts only because certain aspects of PLAINTIFF's complaints concern activities of the Rensselaer County Health Department during the period when he was Director of Public Health as well as during the period of his suspension from such position and because during such periods there existed some confusion as to whether certain statements and/or complaints made by PLAINTIFF were being offered as a private citizen or in his official capacity as representative of the Rensselaer County Department of Health.

Against this background, I would respond to your letter ...

And so he did .....

Telling Scott, the licensed architect ...

To ignore an official report of a New York State licensed professional engineer ....

Based solely upon the BOGUS and unlawful disciplinary proceeding in Rensselaer County ...

And so ....

[Livyjr]

"TEN YEARS AGO, a study by the Joint House-Senate Subcommittee on Investigations estimated the costs of white-collar crime at MORE THAN forty-four BILLION dollars".

"The incidence of white-collar crime has not abated in the last decade; instead, it has spiraled ever-upward as economic crime has become increasingly profitable and sophisticated!"

"The effects of major economic crime can be devastating: THE WHOLE SOCIETY suffers as crimes against business become crimes against consumers."

"GREEDY, WHITE-COLLAR PROFITEERS WILL NOT BE STOPPED until we adopt strong measures to stop them!"

- Governor's Approval memorandum, New York State Legislative Annual -1986, p.236

Before the Federal District Court in support of a Motion for Injunctive Relief against the State of New York, the County of Rensselaer and the Town of Poestenkill in this matter was a July 13, 2004 letter from Rensselaer County Criminal Court Justice Patrick J. McGrath, wherein Justice McGrath, the chief criminal court judge in the County of Rensselaer, informed Federal Court Justice Sharpe that he, McGrath, had reviewed the evidence in the case as Rensselaer County's chief criminal court justice, and that he was concerned because that evidence supported a conclusion of violation of federal and state criminal codes, in addition to the civil charges contained in the Complaint in the matter.

Among the evidence which Judge McGrath relied upon in forming his conclusion of violation of federal and state criminal codes was a graphic video tape wherein one of the defendants can be seen physically assaulting and threatening the Plaintiff, and causing him bodily harm, to deter him from performing the duties of a licensed professional engineer in the State of New York, and a March 16, 1989 Report of the Federal Bureau of Investigation which is at the very heart of this matter of OUR right to dissent, and to petition for redress of grievance, which apparently has just been stripped from us common citizens in the Northern District of New York by Bush-appointee Sharpe on March 31, 2005.

In that March 16, 1989 Report of the Federal Bureau of Investigation, which was before Judge Sharpe in the Plaintiff's Motion for Injunctive Relief as Exhibit J, a Special Agent of the Federal Bureau of Investigation, based upon a review of substantial evidence, concluded:

"According to [name deleted], the results of the State's investigation were that New York State laws were not being followed by the Rensselaer County Health Department, Rensselaer County laws were not being followed by the Rensselaer County Health Department, and there was very little 'enforcement activity' even in the face of illegal sales."

"According to [name deleted], the object of any county health department (in the state of New York) is to protect the public, and not to facilitate developers, or development."

"In the case of Rensselaer County, it appears that the Rensselaer County Health Department was in business to facilitate developers and development rather than to protect the public!"

It was that last statement by this F.B.I. Special Agent in March of 1989 that set in motion the very chain of causality which has brought us up to this present moment in time in the Northern District of New York, where this Sua Sponte Dismissal of this Federal Civil Rights lawsuit and Plaintiff's Motion for Injunctive Relief by Federal District Court on March 31, 2005, now seriously jeopardizes the rights of all citizens in the Northern District of New York by removing from them the services of the licensed professional engineer whose expert witness testimony they would need to file a Petition for Redress of Grievance with the courts of the State of New York alleging a continuation of this same negligence by the State of New York and Rensselaer County Department of Health to this day.

In the State of New York, for a common citizen to file a Petition for Redress of Grievance with the courts of the state, where negligence by the state, or one of its political subdivisions is alleged, it is necessary to have expert witness testimony which supports the claim, otherwise the petition will be dismissed as frivolous, which can then result in sanctions being issued by the court.

By intimidating those few licensed engineers in the State of New York who are qualified to serve as expert witnesses in court against the State of New York, and its political subdivisions, through this illegal device of the "PSYCHIATRIC TAKE-DOWN", the State of New York has effectively muzzled each and every one of us common citizens here in the Northern District of New York, since without this expert witness testimony, we are simply OUT OF COURT, forever, with no way back in, and the government corruption in the County of Rensselaer and the State of New York that was outlined in that series of F.B.I Reports annexed to the now-dismissed Motion for Injunctive Relief can now flourish with impunity!

The apparent sanctioning of this alleged illegal activity by the State of New York, and its political subdivisions, the County of Rensselaer, and the Town of Poestenkill, by the Federal District Court for the Northern District of New York as of March 31, 2005 now sends a very chilling message indeed to the residents of the Northern District of New York, to wit: 

"KEEP YOUR MOUTHS SHUT, OR YOU WILL BE NEXT!"

June 30, 1989 ....

FROM: Poestenkill Town Supervisor Richard M. Amadon

TO: Walter Roy Scott, Associate Architect/Oversight Program Manager, Codes Division, State of New York Department of State, Albany, New York 12231-0001 ....

SUBJECT:Local Code Enforcement Complaint of PLAINTIFF, P.E.

Dear Mr. Scott:

As Supervisor of the Town of Poestenkill, I am writing in response to your letter  of June 13, 1989 regarding the above referenced complaint concerning code enforcement in the Town of Poestenkill.

By way of preface to my response, I would note that the complainant, PLAINTIFF, in addition to being a resident of the Town of Poestenkill, was until recently also the Director of Health for the Rensselaer County Department of Health.

For reasons best known to Rensselaer County and not directly relevant to this response, PLAINTIFF was suspended from his position by Rensselaer County in or about January of 1989 and was in fact dismissed by Rensselaer County on or about May 26, 1989.

I mention these facts only because certain aspects of PLAINTIFF's complaints concern activities of the Rensselaer County Health Department during the period when he was Director of Public Health as well as during the period of his suspension from such position and because during such periods there existed some confusion as to whether certain statements and/or complaints made by PLAINTIFF were being offered as a private citizen or in his official capacity as representative of the Rensselaer County Department of Health.

Against this background, I would respond to your letter ...

And so he did .....

Telling Scott, the licensed architect ...

To ignore an official report of a New York State licensed professional engineer ....

Based solely upon the BOGUS and unlawful disciplinary proceeding in Rensselaer County ...

And so ....

"Livyjr, does the County of Rensselaer or the Town of Poestenkill know that you have this thread running in here?"

Yes, they do .....

Right after this thread was started, they were both personally notified by myself and they were given the URL so as to enable them to find this thread without a lot of trouble on their part ...

Because unlike them ...

I believe in equality ...

And due process .....

And so ...

At any time, they could come in here ...

As I have done ...

To state their case .....

Although to be truthful ...

It is from their case against us that I am doing most of my citing in here ...

And so ....

And I believe that that question came in from outside of New York State ...

From a place where public officials might still have some integrity ...

Or a sense of shame ....

That would keep them from actions that would have them being discussed in a public fashion in a forum such as this one is ...

And that is not OUR public officials up here ...

To the contrary ...

They want people to know ...

That dissent is not welcome ...

And that those who persist in dissenting ...

Are going to be hurt ....

And so ...

Likely this thread is just what "the doctor ordered" for not only the County of Rensselaer and the Town of Poestenkill as well ....

Which town openly advertises itself as being "DEVELOPER FRIENDLY" ....

Which is to say ...

A town that will willingly crush dissent in the town for any developer coming in who has his eye on a piece of swamp land or mountainside in the Town of Poestenkill that he can sell sight unseen to New York City buyers as prime health department approved residential land for a huge profit .....

But for New York State Attorney General and GUBERNATORIAL HOPEFUL Eliot "Big EL" Spitzer as well .....

A man who is raking in the campaign contributions from the REAL ESTATE INDUSTRY ...

And LAWYERS, of course ....

Poeple who would pay real good money to have nothing but "the greenest of green lights" in their path to profits ...

And so ....

[Livyjr]

And on further investigation, I believe that should be the United States Court of International Trade .....

And that judge was Richard K. Eaton, born in Walton, N.Y.; son of Paul F. Eaton and Frances Kellogg Eaton; B.A., Ithaca College 1970; J.D., Union University Albany Law School 1974; Chief of Staff, United States Senator Daniel Patrick Moynihan 1983, 1991-93; associate attorney, Mudge Rose Guthrie Alexander & Ferdon 1983-1991, partner 1993-95; partner Stroock & Stroock & Lavan 1995-99; assumed duties as Judge of the United States Court of International Trade January 3, 2000.

http://www.constructionweblinks.com/Organi...intl_trade.html

This is to provide information about the United States Court of International Trade and its role in the federal judicial system.

Since the court serves an important judicial function and has significant responsibilities in international trade, all people--Lawyers and non-lawyers alike--should have an understanding of the court's jurisdiction, powers, and procedures.

International trade, always important to our nation and the world, is more important today than ever before.

As the impact of international trade on the American economy has grown, there has been a corresponding increase in disputes within the international trade community--among nations, individuals, foreign and domestic manufacturers, consumer groups, trade associations, labor unions, and concerned citizens.

Congress, with the Customs Courts Act of 1980, equipped the federal judicial system to deal effectively and efficiently with the increasingly complex problems arising from international trade litigation.

In essence, the Act clarified and expanded the status, jurisdiction, and powers of the former United States Customs Court and changed the name of the court to the United States Court of International Trade.

The new name more accurately describes the court's expanded jurisdiction and its increased judicial functions relating to international trade disputes.

Utilizing the nationwide jurisdiction of the United States Court of International Trade, the Act, as described by President Jimmy Carter, "creates a comprehensive system for judicial review of civil actions arising out of import transactions and federal statutes affecting international trade."

The Act also ensures expeditious procedures, avoids jurisdictional conflicts among federal courts, and provides uniformity in the judicial decision-making process for import transactions as required under Article I, section 8, of the Constitution of the United States.

In the words of the Honorable Peter W. Rodino, Jr., then Chairman, Committee on the Judiciary, House of Representatives, and a sponsor of the Customs Courts Act of 1980:

"Congress has developed a system of courts, which is the most comprehensive in the world."

"These courts provide the strongest judicial safeguards of individual rights in existence today. . . ."

"It is of the utmost importance that our citizenry have an understanding of our system of courts and how they function."

With this objective in mind, the court is pleased to make available this information that briefly describes the United States Court of International Trade.

Jane A. Restani
Chief Judge

A local board of health may not confer immunity on a professional engineer from any of the Rules of the Board of Regents defining unprofessional conduct set forth in Part 29 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 N.Y.C.R.R.).

Sections 6506, 6507, 6508 and 6509 of the New York State Education Law GIVE NO AUTHORITY to local boards of health in PROFESSIONAL ENGINEERING OR DISCIPLINE MATTERS.

A PROFESSIONAL ENGINEER SHOULD NEVER COMMIT PROFESSIONAL MISCONDUCT.

WHERE A PROFESSIONAL ENGINEER IS GIVEN DIRECTIONS THAT REQUIRE HIM OR HER TO COMMIT PROFESSIONAL MISCONDUCT, IT REMAINS THE OBLIGATION OF THE PROFESSIONAL ENGINEER NOT TO COMMIT SUCH MISCONDUCT.

Nothing in the definition of the practice of engineering under section 7201 of the Education Law PERMITS AN EXEMPTION FROM PROFESSIONAL DISCIPLINARY VIOLATIONS ON THE GROUNDS OF HAVING FOLLOWED ORDERS FROM A LOCAL HEALTH BOARD.

A professional engineer is ALWAYS RESPONSIBLE for his or her own professional work.

WHILE A PROFESSIONAL ENGINEER MAY TAKE PURELY ADMINISTRATIVE ORDERS FROM AN UNLICENSED PERSON, THE ENGINEER SHOULD NEVER FOLLOW ORDERS WHICH REQUIRE HIM OR HER TO COMMIT PROFESSIONAL MISCONDUCT.

Again, it is the professional engineer's PERSONAL OBLIGATION NOT TO COMMIT PROFESSIONAL MISCONDUCT.

Those words are taken directly from a June 11, 1991 letter on New York State Education Department stationary to us, the concerned citizens in this matter, from a Mr. Lance R. Plunkett, Senior Attorney, Regulations Review Unit, New York State Department of Education ....

Who was responding to us on behalf of Mr. Douglas Hasbrouck, Executive Secretary for the New York State Board for Engineering and Land Surveying in the State of New York ...

Where all of what transpired in this matter took place ....

My position in this thread ....

Is that this June 11, 1991 letter from the New York State Department of Education ...

Is clear and concise on its face ....

And unambiguous .....

And that it represents THE OFFICIAL STATED POLICY of the "State of New York" with respect to how licensed professional engineers must conduct themselves at all times in the State of New York ...

Regardless of POLITICAL PRESSURE .....

Or threats and intimidation ....

On the one hand .....

And regardless of a "lax regulatory environment" on the other ....

AND THAT IS WHERE THE ON-GOING DISPUTE IN THIS MATTER STEMS FROM ....

How "ABSOLUTE" is the law, really, when it does come right on down to the NITTY-GRITTY .....

Where a licensed engineer like PLAINTIFF is told by a powerful REPUBLICAN lawyer to "*** THE LAW, JUST DO WHAT YOU ARE BEING TOLD TO DO, OR YOUR SORRY *** IS GOING RIGHT ON OUT THE DOOR, AND I'LL PERSONALLY SEE THAT YOU NEVER WORK AS AN ENGINEER IN THE STATE OF NEW YORK, EVER AGAIN!"

How "absolute" is the law .....

When a Bush-appointee federal district court judge in the federal Northern District of New York makes it very clear to all of us "honest folks" up here who believe in the "law" as stated in that June 11, 1991 letter ....

That that law is nothing but one great big joke ...

And so ....

And here ...

An older reader ....

A scholarly type ....

With an analytical mind .....

Has come by to say .....

That based upon this June 11, 1991 letter to the Concerned Citizens from this New York State Education Department lawyer above here ....

The one about PROFESSIONAL MISCONDUCT .....

That it is now clear to him ...

That what this Bush-appointee has done ...

Or has tried to do, at least .....

Is to reverse this June 1991 policy statement of the New York State Education Department ...

Imposing instead a UNITED STATES GOVERNMENT POLICY on the citizens of Rensselaer County in the State of New York .....

Where licensed professional engineers can and will commit PROFESSIONAL MISCONDUCT on demand of the MODERN STATE .....

Or they will pay a price for what will be deemed by the STATE to be their "insubordination" .....

By being INCARCERATED in a state-licensed SECURE MENTAL FACILITY, or GULAG ....

For the "GOOD OF SOCIETY" .....

Just as the Federal District Court for the Northern District of New York ruled in this case under discussion in here on March 31, 2005 ...

And so ...

As this older reader says ...

There is nothing new in that ...

Or surprising in that ...

Coming from a CONSERVATIVE JUDGE appointed to the federal bench by George W. Bush and the REPUBLICAN Senate in the United States Congress .....

That is REPUBLICAN POLICY, pure and simple .....

And so ...

And as a REPUBLICAN Judge ....

This particular individual is using the federal bench to impose a POLITICAL ideology and policy on the residents of the State of New York .....

That renders null and void the New York State Constitution ....

In the State of New York ...

And here is where this older reader's ears have perked up, is what he says .....

And this is something he has been thinking on for some time ...

As have I ...

And that is the presence BY DESIGNATION in this particular case of Judge Richard K. Eaton of the United States Court of International Trade .....

"What is this now?" says this older reader .....

And I must say that I agree with him ...

Especially in light of the RIGHT WING LEGISLATING FROM THE BENCH at issue herein ....

Where Bush-appointee Gary L. Sharpe appears to have LEGISLATED the Constitution and laws of the State of New York right out of existence .....

To be replaced with the whim of the moment of the UNITARY EXECUTIVE instead .....

BECAUSE THE NEW YORK STATE CONSTITUTION ...

IS DEEMED A BARRIER TO TRADE .....

And so ...

It must be gutted ....

Torn down ...

Dismantled ....

And so ...

Enter the United States Court of International Trade to supervise that process ...

And to insure that it has been done ...

Along with INTEGRITY on the part of people like PLAINTIFF ....

Who do view the "phrase" EQUAL PROTECTION OF LAW as something other than a ridiculous concept to entertain children with .....

And so ....

In a world of public officials in the world willing to take a bribe so that "BID-NESS can be done" .....

People like PLAINTIFF are just IN THE WAY ...

And so ...

They must be replaced by those who are MORE COMPLIANT ......

Despite something called the law ...

And despite any oaths that they may have taken to uphold the Constitution and laws of the State of New York ...

And so ...

So that America can then be competing .....

On a "level playing field" ....

With countries that have no environmental protections whatsoever for their subjects ....

To protect them from industrial waste and other environmental degradation ....

And public officials ...

Who are willing ...

For a price ....

To continue to look the other way ....

And so .....

The PLAINTIFF in here was just another victim of GLOBALIZATIOJN .....

And so .....

As this older person says ....

Whether you like it ...

Or not ...

That IS the reality that we all face today ...

And so .....

Why tell the story any other way ...

And you know what?

I agree with him ...

And so ....

To be continued .....

[Livyjr]

PUBLIC HEALTH ENGINEER: The term public health engineer SHALL mean a person who applies engineering principles for the detection, evaluation, control and management of THOSE FACTORS IN THE ENVIRONMENT WHICH INFLUENCE MAN'S HEALTH .....

- Title 10, New York Code of Rules and Regulations, Section 11.100

The end of the institution, maintenance, and administration of government, is to secure the existence of the body politic, to protect it, and to furnish the individuals who compose it with the power of enjoying in safety and tranquillity their natural rights, and the blessings of life: and whenever these great objects are not obtained, the people have a right to alter the government, and to take measures necessary for their safety, prosperity and happiness.

And in the meantime ......

"Unborn babies carry pollutants, study finds"

By Maggie Fox, Health and Science Correspondent

WASHINGTON (Reuters) - Unborn U.S. babies are soaking in a stew of chemicals, including mercury, gasoline byproducts and pesticides, according to a report released on Thursday.

Although the effects on the babies are not clear, the survey prompted several members of Congress to press for legislation that would strengthen controls on chemicals in the environment.

The report by the Environmental Working Group is based on tests of 10 samples of umbilical-cord blood taken by the American Red Cross.

They found an average of 287 contaminants in the blood, including mercury, fire retardants, pesticides and the Teflon chemical PFOA.

"These 10 newborn babies ... were born polluted," said New York Rep. Louise Slaughter, who spoke a news conference about the findings on Thursday.

"If ever we had proof that our nation's pollution laws aren't working, it's reading the list of industrial chemicals in the bodies of babies who have not yet lived outside the womb," Slaughter, a Democrat, said.

Cord blood reflects what the mother passes to the baby through the placenta.

"Of the 287 chemicals we detected in umbilical-cord blood, we know that 180 cause cancer in humans or animals, 217 are toxic to the brain and nervous system, and 208 cause birth defects or abnormal development in animal tests," the report said.

Blood tests did not show how the chemicals got into the mothers' bodies, or what their effects might be on the babies.

MERCURY AND PESTICIDES

Among the chemicals found in the cord blood were methylmercury, produced by coal-fired power plants and certain industrial processes.

People can breathe it in or eat it in seafood and it causes brain and nerve damage.

Also found were polyaromatic hydrocarbons, or PAHs, which are produced by burning gasoline and garbage and which may cause cancer; flame-retardant chemicals called polybrominated dibenzodioxins and furans; and pesticides including DDT and chlordane.

The same group analyzed the breast milk of mothers across the United States in 2003 and found varying levels of chemicals, including flame retardants known as PBDEs.

This latest analysis also found PBDEs in cord blood.

Slaughter had similar tests done on her own blood.

"The stunning results show chemicals daily pumping through my vital organs that include PCBs that were banned decades ago as well as chemicals like Teflon that are currently under federal investigation," she said in remarks prepared for the news conference.

"I have auto exhaust fumes, flame retardant chemicals, and in all, some 271 harmful substances pulsing through my veins."

"That's hardly the picture of health I had hoped for, but I've been living in an industrial society for over 70 years."

The Government Accountability Office issued a report on Wednesday saying the     Environmental Protection Agency does not have the powers it needs to fully regulate toxic chemicals.

The GAO, the investigative arm of Congress, found that the EPA's Toxic Substances Control Act gives only "limited assurance" that new chemicals entering the market are safe and said the EPA only rarely assesses chemicals already on the market.

"Today, chemicals are being used to make baby bottles, food packaging and other products that have never been fully evaluated for their health effects on children -- and some of these chemicals are turning up in our blood," said New Jersey Democrat Sen. Frank Lautenberg, who plans to co-sponsor a bill to require chemical manufacturers to provide data to the EPA on the health affects of their products.

"Livyjr, why should I be concerned about some engineer out there who wouldn't follow orders from his SUPERIORS?"

"If he had done what he was told, maybe he would still be working today, and maybe it would not have been necessary for this doctor to certify him as being mentally ill and dangerous!"

"Personally, I'm glad this federal judge protected the doctor!"

"These environmentalists are the biggest threat to the American economy that there ever was."

"They should have locked this engineer up in the looney bin forever, if you ask me!"

signed, a reader with an opinion different from yours

This post has been edited by Livyjr: Apr 8 2006, 06:13 AM

[Livyjr]

And here a question has come in as to why the PLAINTIFF informed Rensselaer County Executive Kathleen Jimino that he was going to bring a legal action against Rensselaer County, and here is where the crux of this matter really lies, at least here in the Capital District area of Albany, New York, because according to the law as it is interpreted by the judges in this area, before they will entertain a suit against a public official, it has to be clear that the person bringing on the suit beforehand was involved in the process, and had informed the public official in question what was wrong or improper, AND, had then afforded the public official time to rectify the matter, BEFORE bringing suit.

If out of fear, you don't say a word to the public officials involved, because you believe, or KNOW that they will immediately retaliate, and then you go to court to challenge the action, you will simply be tossed out of court, for a failure to have given proper notice, beforehand.

If you stand up and give the notice, then you won't make it to court, or when you do, you will be greeted, as was the initial case with this matter, which started out in Albany County Supreme Court in front of Hon. Joseph Cannizarro, with the charge that you are mentally ill, and dangerous, and thus, you will be thrown out of court, with sanctions.

And who is ever going to know, or say a word?

The courts?

The New York State Attorney General?

The Governor?

Joe Bruno, the head of the New York State Senate?

WITNESS INTIMIDATION!

WITNESS ELIMINATION!

ONE-STOP SHOPPING!

And it is called "economic development", here in the State of New York.

A guarantee of no citizen opposition, and a very effective guarantee indeed, as this case has proven, in spades.

"Livyjr, why should I be concerned about some engineer out there who wouldn't follow orders from his SUPERIORS?"

"If he had done what he was told, maybe he would still be working today, and maybe it would not have been necessary for this doctor to certify him as being mentally ill and dangerous!"

"Personally, I'm glad this federal judge protected the doctor!"

"These environmentalists are the biggest threat to the American economy that there ever was."

"They should have locked this engineer up in the looney bin forever, if you ask me!"

signed, a reader with an opinion different from yours

STATE OF NEW YORK SUPREME COURT - COUNTY OF RENSSELAER

PLAINTIFF v. Town of Poestenkill; Eugene Bechard, Poestenkill Town Code Enforcement Officer; The County of Rensselaer; Roy Champagne, Rensselaer County Director of Environmental Health; Carl Richard Aiken, NYSPE 067805; Kevin Joseph McGrath, NYSLS 049508; and Jeff Pelletier

JEFF PELLETIER, being duly sworn, deposes and says:

I am a named respondent in the above entitled proceeding and make this affidavit in opposition to the motion to correct defects and in support of dismissal of the proceeding and in support of the counterclaim contained in the VERIFIED ANSWER, OBJECTIONS IN POINT OF LAW, AND COUNTERCLAIM.

The original petition filed with the court is a further source of evidence to support THAT THE CLAIMS MADE are factually true and not scandalous or prejudicial matter unnecessarily inserted in a pleading.

In particular, see Paragraph 31, where PLAINTIFF himself states that RESPONDENT CHAMPAGNE contacted the Veterans' Administration Hospital AFTER PETITIONER MADE THREATS TO KILL RESPONDENTS REITER, SHEA AND JEFFREY PELLETIER.

In Paragraph 35, Petitioner recites that an involuntary commitment order was obtained and he was, in fact, detained at the Albany VA Hospital.

These statements are made by PLAINTIFF himself in this proceeding.

There is nothing scandalous about a person suffering from mental illness.

It is unfortunate and we have compassion for him, BUT THE COURT SHOULD NOT ALLOW SUCH ILLNESS UNNECESSARILY TO CAUSE FINANCIAL HARDSHIP TO NEIGHBORS .....

AGAIN, I WOULD REPEAT MY REQUEST THAT PLAINTIFF BE BARRED FROM COMMENCING ANY FURTHER ACTION AGAINST ME .......

Sworn to before me this 19th day of November 2002, NOTARY PUBLIC

[Livyjr]

8. This lawful investigation was in furtherance of the due course of justice in the Town of Poestenkill, Rensselaer County and the State of New York and consistent with and in full accord and compliance with a March 1999 directive from the Rensselaer County Board of Health to all residents of the Rensselaer County Health District to report any and all such deliberate falsifications of inspection data and fraudulent submissions to the DEFENDANT Rensselaer County Director of Environmental Health, which PLAINTIFF herein had done on August 3, 2001. (See, Exhibits A,B,C)

9.  While conducting this lawful investigation on a public thoroughfare in the Town of Poestenkill on August 7, 2001, four (4) days after reporting to defendant RENSSELAER COUNTY ENVIRONMENTAL HEALTH DIRECTOR ROY CHAMPAGNE, PLAINTIFF was viciously attacked and physically assaulted by defendant Jeffrey Pelletier of Poestenkill, New York, who first threw a rock directly at PLAINTIFF's head in a killing throw and after narrowly missing PLAINTIFF, then came out on Liberty Lane in a killing rage and grabbed PLAINTIFF in a wrestling hold and literally cracked PLAINTIFF's spine sideways, which immediately paralyzed PLAINTIFF and rendered him speechless in pain and defenseless.

10.  While PLAINTIFF was in this position of helplessness on August 7, 2001, defendant Jeffrey Pelletier kept displaying class-based invidiously discriminatory animus towards PLAINTIFF as a federally protected disabled veteran by repeatedly calling PLAINTIFF a "f__king retard".

- EXCERPTED from PLAINTIFF's federal complaint at pages 235-236 of the O'Connor BIBLE submitted to the federal Second Circuit Court of Appeals in New York City in this matter on behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005

STATE OF NEW YORK SUPREME COURT - COUNTY OF RENSSELAER

PLAINTIFF v. Town of Poestenkill; Eugene Bechard, Poestenkill Town Code Enforcement Officer; The County of Rensselaer; Roy Champagne, Rensselaer County Director of Environmental Health; Carl Richard Aiken, NYSPE 067805; Kevin Joseph McGrath, NYSLS 049508; and Jeff Pelletier

JEFF PELLETIER, being duly sworn, deposes and says:

In Paragraph 35, Petitioner recites that an involuntary commitment order was obtained and he was, in fact, detained at the Albany VA Hospital.

It is unfortunate and we have compassion for him, BUT THE COURT SHOULD NOT ALLOW SUCH ILLNESS UNNECESSARILY TO CAUSE FINANCIAL HARDSHIP TO NEIGHBORS .....

AGAIN, I WOULD REPEAT MY REQUEST THAT PLAINTIFF BE BARRED FROM COMMENCING ANY FURTHER ACTION AGAINST ME  .......

Sworn to before me this 19th day of November 2002, NOTARY PUBLIC

And once again ....

For anyone just stopping by for the first time ....

What we are looking at in here is a very slick government-protected "CUSTOM WITNESS ELIMINATION SERVICE" that is operating in the Capital District area of the State of New York ...

Specifically ...

In the County of Rensselaer in this case ...

A rural county just east of Albany, New York ...

That happens to be the PERSONAL FIEFDOM of REPUBLICAN New York State Senate Majority Leader Joseph "Big Joe" Bruno .....

A CUSTOM WITNESS ELIMINATION SERVICE where if you have the "right connections" ...

You can make "arrangements" with a CORPORATE ENTITY known as Northeast Health, Inc., in Troy, New York ....

To "purchase" what is called an INVOLUNTARY COMMITMENT ORDER ......

That will "declare" that your "enemy of choice" is mentally ill and dangerous ....

In an ORDER to the New York State Police to "TAKE THIS PERSON DOWN" and place them in four-point restraints for transport to the GULAG, or secure mental health facility that Northeast Health, Inc. operates, with the BLESSINGS of the State of New York, and the United States Attorney for the Northern District of New York ....

At its Samaritan Hospital facility located in the City of Troy, New York .....

Where they are then "just gone" .....

Never more to trouble you again ....

And so .....

And where we are right now in this discussion .....

Is at the point of where the federal lawsuit that was dismissed with PREJUDICE against the PLAINTIFF in here ...

A New York State licensed professional engineer investigating on-going corruption in the Rensselaer County Department of Health who was falsely branded as being mentally ill and dangerous by Dr. John Christian Braaten ....

A CORPORATE DOCTOR for Northeast Health ....

Actually began .....

And that was November 19, 2002 ....

In Rensselaer County Supreme Court ....

Before this matter was then transferred up to the federal District Court for the Northern District of New York ...

In Albany, New York .....

Just across the Hudson River from Troy ...

And the GULAG ....

This matter that went up to federal District Court ...

And subsequently to the federal Second Circuit Court of Appeals in New York City ....

Began when Jeffrey Pelletier, a politically-connected individual in the County of Rensselaer .....

LAUNDERED this false instrument that he was able to allegedly purchase from Northeast Health, Inc .....

Through Rensselaer County Supreme Court ...

So as to get the PLAINTIFF herein BARRED from being able to bring any charges against Pelletier ...

Including assault charges ...

For an assault that Pelletier committed against the PLAINTIFF that was captured on videotape as it happened ...

Which videotape .....

Along with his ability to actually PROCURE this false instrument from Northeast Health falsely declaring the PLAINTIFF to be mentally ill and dangerous ....

Has made Pelletier a local HERO up here in the State of New York .....

A TEFLON MAN ....

Against whom no charges can be made to stick ....

And so ......

That is where we are right now ...

After spending a considerable amount of time ...

Constructing the necessary background information in here ...

As to the actual history of this matter in the State of New York .....

Where in 1989 .....

The County of Rensselaer alone allegedly spent in excess of $100,000 of OUR taxpayer money .....

In the original assault on the integrity of this same individual ....

TO PROTECT CORRUPTION IN GOVERNMENT IN THE STATE OF NEW YORK ....

An effort which ultimately drew in the Federal Bureau of Investigation of the United States Department of Justice ....

The Office of the United States Attorney for the Northern District of New York ....

And the Attorney General of the State of New York ....

And so ....

This post has been edited by Livyjr: Apr 9 2006, 06:12 AM

[Livyjr]

And once again ....

For anyone just stopping by for the first time ....

What we are looking at in here is a very slick government-protected "CUSTOM WITNESS ELIMINATION SERVICE" that is operating in the Capital District area of the State of New York ...

Specifically ...

In the County of Rensselaer in this case ...

A rural county just east of Albany, New York ...

A CUSTOM WITNESS ELIMINATION SERVICE where if you have the "right connections" ...

You can make "arrangements" with a CORPORATE ENTITY known as Northeast Health, Inc., in Troy, New York ....

To "purchase" what is called an INVOLUNTARY COMMITMENT ORDER ......

That will "declare" that your "enemy of choice" is mentally ill and dangerous ....

In an ORDER to the New York State Police to "TAKE THIS PERSON DOWN" and place them in four-point restraints for transport to the GULAG, or secure mental health facility that Northeast Health, Inc. operates, with the BLESSINGS of the State of New York, and the United States Attorney for the Northern District of New York .... 

At its Samaritan Hospital facility located in the City of Troy, New York .....

Where they are then "just gone" .....

Never more to trouble you again ....
 
And so .....

And where we are right now in this discussion .....

Is at the point of where the federal lawsuit that was dismissed with PREJUDICE against the PLAINTIFF in here ...

A New York State licensed professional engineer investigating on-going corruption in the Rensselaer County Department of Health who was falsely branded as being mentally ill and dangerous by Dr. John Christian Braaten ....

A CORPORATE DOCTOR for Northeast Health ....

Actually began .....

And that was November 19, 2002 ....

In Rensselaer County Supreme Court ....

Before this matter was then transferred up to the federal District Court for the Northern District of New York ...

In Albany, New York .....

Just across the Hudson River from Troy ...

And the GULAG ....

This matter that went up to federal District Court ...

And subsequently to the federal Second Circuit Court of Appeals in New York City ....

Began when Jeffrey Pelletier, a politically-connected individual in the County of Rensselaer .....

LAUNDERED this false instrument that he was able to allegedly purchase from Northeast Health, Inc .....

Through Rensselaer County Supreme Court ...

So as to get the PLAINTIFF herein BARRED from being able to bring any charges against Pelletier ...

Including assault charges ...

For an assault that Pelletier committed against the PLAINTIFF that was captured on videotape as it happened ...

Which videotape .....

Along with his ability to actually PROCURE this false instrument from Northeast Health falsely declaring the PLAINTIFF to be mentally ill and dangerous ....

Has made Pelletier a local HERO up here in the State of New York .....

A TEFLON MAN ....

Against whom no charges can be made to stick ....

And so ......

That is where we are right now ...

After spending a considerable amount of time ...

Constructing the necessary background information in here ...

As to the actual history of this matter in the State of New York .....

Where in 1989 .....

The County of Rensselaer alone allegedly spent in excess of $100,000 of OUR taxpayer money .....

In the original assault on the integrity of this same individual ....

TO PROTECT CORRUPTION IN GOVERNMENT IN THE STATE OF NEW YORK ....

An effort which ultimately drew in the Federal Bureau of Investigation of the United States Department of Justice ....

The Office of the United States Attorney for the Northern District of New York ....

And the Attorney General of the State of New York ....

And so ....

STATE OF NEW YORK SUPREME COURT - COUNTY OF RENSSELAER

PLAINTIFF v. Town of Poestenkill; Eugene Bechard, Poestenkill Town Code Enforcement Officer; The County of Rensselaer; Roy Champagne, Rensselaer County Director of Environmental Health; Carl Richard Aiken, NYSPE 067805; Kevin Joseph McGrath, NYSLS 049508; and Jeff Pelletier

JEFF PELLETIER, being duly sworn, deposes and says:

It is unfortunate .....

And we have compassion for him ....

BUT THE COURT SHOULD NOT ALLOW ....

SUCH ILLNESS ....

UNNECESSARILY TO CAUSE ....

FINANCIAL HARDSHIP TO NEIGHBORS .....

AGAIN ....

I WOULD REPEAT MY REQUEST ....

THAT PLAINTIFF BE BARRED ....

FROM COMMENCING ANY FURTHER ACTION AGAINST ME  .......

Sworn to before me this 19th day of November 2002, NOTARY PUBLIC

And so .....

We come forward in time ...

From 1989 .....

When REPUBLICAN Deputy Rensselaer County Attorney Gordon Mayo was openly and publicly slandering PLAINTIFF in New York State Supreme in Albany County with impunity ....

As being irrational due to the imaginary disease of POST-VIET NAM SYNDROME which Mayo had made up out of whole cloth for public consumption ....

In the pages of the Troy RECORD newspaper ...

Which local newspaper was printing this unfounded and totally unsupported trash without any restraint whatosever on the part of the EDITORIAL STAFF as to the decided lack of veracity and lack of evidentiary support for these false and scurrilous charges ....

While affording PLAINTIFF no opportunity whatsoever for rebuttal of anything libelous and slanderous that Mayo and REPUBLICAN Rensselaer County Executive John L. "Jackie Boy Johnnie" Buono might have to say about PLAINTIFF and the alleged state of his mental health ....

In the pages of the Troy RECORD newspaper ...

To 2002 ....

When once again ....

Jeffrey Pelletier of Poestenkill ....

The assailant in this matter who bragged on videotape before the Court in this matter of being protected .....

And ended up definitely being so in reality ....

Was able to libel PLAINTIFF in sworn court papers ....

With PLAINTIFF once again being afforded no opprtunity to rebut these false and scurrilous assertions made not only by Jeffrey Pelletier ...

But by his LAWYER, as well .....

An alleged COURTHOUSE FIXER from Rensselaer County named Stephen A. Stasack .....

Who also submitted an affidavit to New York State Supreme Court in Rensselaer County ........

Where Stasack allegedly served as a CLERK to one of the judges ....

This AFFIDAVIT by Stasack was dated and sworn to on February 27, 2003 ....

And therein ....

Stasack .....

An attorney licensed to practice in the State of New York ....

And allegedly subject to the Rules of Practice in the State of New York ...

As well as the Rules of Evidence .....

Openly "SHOPPED" or PROFFERED as EVIDENCE this false instrument unlawfully issued to the New York State Police by John Christian Braaten, M.D. of Northeast Health, Inc. on August 22, 2001 ....

To the New York State Supreme Court Justice in charge of the case .....

As alleged PROOF that PLAINTIFF was supposedly mentally ill and dangerous ....

And so ....

Should not be allowed to bring on any kind of charges against Jeffrey Pelletier in Rensselaer County Supreme Court ...

Which is where any case PLAINTIFF might file against Jeffrey Pelletier for damages stemming from the August 7, 2001 assault in the State of New York would have to be filed as a matter of law in the State of New York ....

And so ....

Close the DOORS OF JUSTICE in PLAINTIFF's face based upon NOTHING MORE THAN FALSE STATEMENTS AND a false instrument unlawfully filed with the New York State Police by Dr. John Christian Braaten, M.D. on August 22, 2001 .....

And JUSTICE for Jeffrey Pelletier will be done ....

And so ....

IT WAS DONE ...

And so ...

STATE OF NEW YORK SUPREME COURT - COUNTY OF RENSSELAER

PLAINTIFF v. Town of Poestenkill; Eugene Bechard, Poestenkill Town Code Enforcement Officer; The County of Rensselaer; Roy Champagne, Rensselaer County Director of Environmental Health; Carl Richard Aiken, NYSPE 067805; Kevin Joseph McGrath, NYSLS 049508; and Jeff Pelletier

STEPHEN A. STASACK, being duly sworn, deposes and says:

I am the attorney for respondent jeffrey Pelletier and make this affidavit in support of respondent's DEMAND FOR DISMISSAL of the proceedings and in opposition to cross-motions.

The relief sought is to strike scandalous matter.

The specific matter alleged to be scandalous is contained in Paragraph 12 of respondent Pelletier's ANSWER, which alleges as follows:

"PLAINTIFF, by his own allegations contained in the ORIGINAL PETITION herein, ADMITS TO SUFFERING FROM SERIOUS MENTAL ILLNESS, AND THEREFORE, LACKS THE NECESSARY JUDGMENT TO COMMENCE PRO SE ACTIONS."

The allegation of illness is not scandalous .....

AND IS BASED UPON PLAINTIFF'S OWN STATEMENTS ....

THAT OTHERS HAVE ALLEGED ....

HE SUFFERS ....

FROM A BI-POLAR DISORDER .....

The entire petition contains statements made by PLAINTIFF referring to allegations of actions by PLAINTIFF that have led others to TAKE ACTION TO HAVE PLAINTIFF INVOLUNTARILY COMMITTED FOR MENTAL HEALTH EVALUATION.

PLAINTIFF has cross-moved to CONTINUE TO HAVE THOSE PERSONS AS PARTY DEFENDANTS, CLAIMING THEY ARE NECESSARY PARTIES.

PLAINTIFF's pro se action has caused considerable expense to all parties involved.

TO DATE, I have expended approximately 37 hours at an hourly rate of $150.

This is an expense of $5,550 PLUS DISBURSEMENTS, PAYABLE BY PELLETIER - with no end in sight to the volume of papers requiring further time and expense served by PLAINTIFF.

WHEREFORE IT IS REQUESTED ....

THAT THE COURT GRANT AN INJUNCTION ....

BARRING PLAINTIFF ...

FROM COMMENCING ANY FURTHER LITIGATION ....

AGAINST JEFF PELLETIER .....

Sworn to before me this 27th day of February, 2003

[Livyjr]

It is not often, at least in my own experience of things, that we, the common folks here in America, really get to take a hard look at what goes on behind the scenes in this world of law, because generally, there is simply no transparency, whatsoever!

Yes, if we are diligent, we can go to a local county law library, where we may find some records and briefs to study, or we may go to the County Clerk's Office and find similar records, but all of that presumes an a priori, that we know what we are looking for in the first place, and that is not always so, especially, if like this case above, there has been absolutely no media coverage whatsoever, nor is there likely to be, outside of here, in this forum, and in this thread!

And that brings me, for this moment, anyway, to this subject of "DISSENT", WHICH TO ME, as a citizen of the United States who is a disabled combat veteran, and thus, one who put his own life on the line to protect and defend OUR CONSTITUTION from enemies both foreign AND domestic, and hence, OUR rights to petition OUR government for redress of grievance, IS AT THE HEART OF THIS MATTER, and thus, warrants us taking the time to have this discussion in here on this subject above, which has right now a very chilling effect on those of us here in the State of New York who are sick to death of the corruption up here, but are seemingly helpless to do a thing about it, thanks in part to this decision, and the actions of those in the State of New York, STARTING WITH Attorney General Eliot Spitzer himself, who served to make it be so.

WHAT IS DISSENT, ANYWAY?

Just some guy out there who "don't like nothing, at all", and so, is always complaining?

Or is DISSENT something different?

And without DISSENT, would OUR America have ever come into existence in the first place?

According to Black's Law Dictionary, which is the standard that I personally always refer to in these matters of citizenship and the law, we have for DISSENT as follows, in its most simple form, as is appropriate to the issues before us in this above matter:

"REFUSAL TO AGREE WITH AN ACT PREVIOUSLY PERFORMED!"

In this case, of course, those "ACTS" that we, the citizens of Rensselaer County and the State of New York REFUSED TO AGREE WITH are clearly delineated and outlined in that March 16, 1989 Report of the Federal Bureau of Investigation, which was before Judge Sharpe in the Plaintiff's Motion for Injunctive Relief as Exhibit J in the above matter, where a Special Agent of the Federal Bureau of Investigation, based upon a review of substantial evidence, concluded as follows, ON THE RECORD:

"According to New York State Health Commissioner Dr. David Axelrod, the results of the State's investigation were that New York State laws were not being followed by the Rensselaer County Health Department, Rensselaer County laws were not being followed by the Rensselaer County Health Department, and there was very little 'enforcement activity' even in the face of illegal sales."

"According to New York State Health Commissioner Dr. David Axelrod, the object of any county health department (in the state of New York) is to protect the public, and not to facilitate developers, or development."

"In the case of Rensselaer County, it appears that the Rensselaer County Health Department was in business to facilitate developers and development rather than to protect the public!"

end quotes

The Rensselaer County Department of Health was in business to facilitate developers and development, RATHER THAN TO PROTECT THE PUBLIC!

Well, so what?

Yes, so what!

Or at least that is what I have heard many people say, over time, BECAUSE ...

In the State of New York, at least, corruption has been with us so long that it is just WHAT IS!

People accept it, and then, they wallow in it, actually, like pigs in mud, because it is there!

"Go along to get along" is the operative saying up here, for those who would get ahead in politics, and it means exactly what it says, as this case so aptly points out to all of us common citizens who had pinned our hopes for reform of OUR government up here on this one case, where the evidence was so meticulously gathered, and then coherently collated so as to present an unbroken chain of causality running from at least 1979 to the present time, where corruption in Rensselaer County AND the State of New York was not merely alleged, or complained about, by common citizens, but was confirmed by no less an investigative body than the F.B.I., itself.

An on-going course of conduct that is corruption!

That is what the record in this matter clearly demonstrated, and for once, we, the people, had acting for US an individual WITH the professional credentials to back up all of OUR allegations, AT NO COST TO US, other than OUR own diligence!

And then 8-22 happened, WHEN THE ILLEGAL "PSYCHIATRIC TAKE-DOWN" OF OUR EXPERT WITNESS "WENT DOWN", and with it, all of that hope for reform came crashing right down in OUR faces, and with this March 31, 2005 Decision of Federal District Court for the Northern District of New York that essentially puts a lock and seal on OUR use of this F.B.I. evidence IN OUR FAVOR in any further court proceedings in connection with this alleged continuing corruption, as dissenters to OUR County Health Department failing to protect OUR health, safety and well-being, as it is charged to do by the laws of the State of New York, we are now apparently bereft of protection of law up here , which to me, a student of these matters, IS PART AND PARCEL OF this Republican scheme to enact "tort reform" by the vehicle of intimidation of and extortion of silence from the experts that we, the people, need to rely upon in order to survive motions for dismissal on the grounds from the state actor defendants that our claims are FRIVOLOUS!

Hence this thread!

Hence this continuing discussion, and dissection of this case, for what it is worth to the candid world WHO DOES NOT LIVE here in the State of New York, and so, may not themselves be affected by the lack of justice and equal protection of law that we common citizens must live with up here!

STATE OF NEW YORK SUPREME COURT - COUNTY OF RENSSELAER

PLAINTIFF v. Town of Poestenkill; Eugene Bechard, Poestenkill Town Code Enforcement Officer; The County of Rensselaer; Roy Champagne, Rensselaer County Director of Environmental Health; Carl Richard Aiken, NYSPE 067805; Kevin Joseph McGrath, NYSLS 049508; and Jeff Pelletier

STEPHEN A. STASACK, being duly sworn, deposes and says:

I am the attorney for respondent jeffrey Pelletier and make this affidavit in support of respondent's DEMAND FOR DISMISSAL of the proceedings and in opposition to cross-motions.

TO DATE, I have expended approximately 37 hours at an hourly rate of $150.

This is an expense of $5,550 PLUS DISBURSEMENTS, PAYABLE BY PELLETIER - with no end in sight to the volume of papers requiring further time and expense served by PLAINTIFF.

WHEREFORE IT IS REQUESTED ....

THAT THE COURT GRANT AN INJUNCTION ....

BARRING PLAINTIFF ...

FROM COMMENCING ANY FURTHER LITIGATION ....

AGAINST JEFF PELLETIER .....

Sworn to before me this 27th day of February, 2003

DISBURSE: TO MAKE A PAYMENT IN SETTLEMENT OF .....

DISBURSEMENT: THE ACT OF DISBURSING; FUNDS PAID OUT .....

[Livyjr]

STATE OF NEW YORK SUPREME COURT - COUNTY OF RENSSELAER

PLAINTIFF v. Town of Poestenkill; Eugene Bechard, Poestenkill Town Code Enforcement Officer; The County of Rensselaer; Roy Champagne, Rensselaer County Director of Environmental Health; Carl Richard Aiken, NYSPE 067805; Kevin Joseph McGrath, NYSLS 049508; and Jeff Pelletier

JEFF PELLETIER, being duly sworn, deposes and says:

In particular, see Paragraph 31, where PLAINTIFF himself states that RESPONDENT CHAMPAGNE contacted the Veterans' Administration Hospital AFTER PETITIONER MADE THREATS TO KILL RESPONDENTS REITER, SHEA AND JEFFREY PELLETIER.

In Paragraph 35, Petitioner recites that an involuntary commitment order was obtained and he was, in fact, detained at the Albany VA Hospital.

Sworn to before me this 19th day of November 2002, NOTARY PUBLIC

DISBURSE: TO MAKE A PAYMENT IN SETTLEMENT OF .....

DISBURSEMENT: THE ACT OF DISBURSING; FUNDS PAID OUT .....

And so .....

To 2002 ....

When once again ....

Jeffrey Pelletier of Poestenkill ....

The assailant in this matter who bragged on videotape before the Court in this matter of being protected .....

And ended up definitely being so in reality ....

Was able to libel PLAINTIFF in sworn court papers ....

With PLAINTIFF once again being afforded no opprtunity to rebut these false and scurrilous assertions made not only by Jeffrey Pelletier ...

But by his LAWYER, as well .....

An alleged COURTHOUSE FIXER from Rensselaer County named Stephen A. Stasack .....

Who also submitted an affidavit to New York State Supreme Court in Rensselaer County ........

Where Stasack allegedly served as a CLERK to one of the judges ....

This AFFIDAVIT by Stasack was dated and sworn to on February 27, 2003 ....

And therein ....

Stasack .....

An attorney licensed to practice in the State of New York ....

And allegedly subject to the Rules of Practice in the State of New York ...

As well as the Rules of Evidence .....

Openly "SHOPPED" or PROFFERED as EVIDENCE this false instrument unlawfully issued to the New York State Police by John Christian Braaten, M.D. of Northeast Health, Inc. on August 22, 2001 ....

To the New York State Supreme Court Justice in charge of the case .....

As alleged PROOF that PLAINTIFF was supposedly mentally ill and dangerous ....

And so ....

Should not be allowed to bring on any kind of charges against Jeffrey Pelletier in Rensselaer County Supreme Court ...

Which is where any case PLAINTIFF might file against Jeffrey Pelletier for damages stemming from the August 7, 2001 assault in the State of New York would have to be filed as a matter of law in the State of New York ....

And so ....

Close the DOORS OF JUSTICE in PLAINTIFF's face based upon NOTHING MORE THAN FALSE STATEMENTS AND a false instrument unlawfully filed with the New York State Police by Dr. John Christian Braaten, M.D. on August 22, 2001 .....

And JUSTICE for Jeffrey Pelletier will be done ....

And so ....

IT WAS DONE ...

And so ...

STATE OF NEW YORK SUPREME COURT - COUNTY OF RENSSELAER

PLAINTIFF v. Town of Poestenkill; Eugene Bechard, Poestenkill Town Code Enforcement Officer; The County of Rensselaer; Roy Champagne, Rensselaer County Director of Environmental Health; Carl Richard Aiken, NYSPE 067805; Kevin Joseph McGrath, NYSLS 049508; and Jeff Pelletier

STEPHEN A. STASACK, being duly sworn, deposes and says:

I am the attorney for respondent jeffrey Pelletier and make this affidavit in support of respondent's DEMAND FOR DISMISSAL of the proceedings and in opposition to cross-motions.

TO DATE, I have expended approximately 37 hours at an hourly rate of $150.

This is an expense of $5,550 .....

PLUS DISBURSEMENTS

PAYABLE BY PELLETIER -

Sworn to before me this 27th day of February, 2003

And here ...

An older reader ...

With a keen and discerning mind ....

Has stopped me to say ....

That the word "DISBURSEMENT" .....

As used in this sworn affidavit .....

By this alleged Court House Fixer in Rensselaer County ...

On behalf of the assailant, Jeffrey Pelletier of Poestenkill, New York .....

Is a very revealing choice of words ...

By this lawyer .....

Who is a member of a profession .....

Which parses sentences with a scalpel .....

And I have to agree ...

"Hey, Judge, look, Jeff has money out here ..."

"He has bought something ..."

"And now ..."

"You must honor that agreement ..."

And so indeed it was done .....

DISBURSEMENTS ......

A EUPHEMISM for PROTECTION ....

And from the end result in here ...

Where Jeff Pelletier never even had to lift a finger to defend himself in court all the way up to the federal Second Circuit Court of Appeals ....

For Jeffrey, anyway ...

Those DISBURSEMENTS were money well spent ....

Which point ....

As this older reader reminds us ....

Was made in spades .....

At page 600 ....

Of the O'Connor BIBLE .....

Submitted to the federal Second Circuit Court of Appeals in New York City in this matter .....

On behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005 ....

Wherein Hon. Gary L. Sharpe, the federal District Court Judge in Albany, New York clearly stated for all the candid world to see and heed ....

The following fact, to wit:

On August 9, 2001, defendant Reiter (Rensselaer County Director of Veterans' Service) WARNED PLAINTIFF to "back off" the Pelletier investigation BECAUSE HE WAS A "PROTECTED PERSON" IN THE COUNTY.

end quotes ...

And as this older person with the keen and discerning mind says ...

"Nothing really could be much plainer than that!"

And so ....

The PLAINTIFF was warned .....

And so ...

He deserved everything he got ...

When he was too stupid to heed Robert Reiter's threat ....

And so .....

[Livyjr]

BRIBERY: The offering, giving, receiving or soliciting of SOMETHING OF VALUE for the purpose of INFLUENCING THE ACTION of an official in the discharge of his or her public or legal duties; the corrupt tendering or receiving of a price for official action; the receiving or offering any undue reward by or to any person concerned in the administration of public justice or a public office to influence his behavior in office; any gift, advantage or emolument offered, given or promised to, or asked and accepted by any public officer to influence his behavior in office.

"Any direct or indirect action to give, promise or offer anything of value to a public official or witness, or an official's or witness' solicitation of something of value is prohibited as a bribe or illegal gratuity"

- Title 18 United States Code section 201

And that story by Michelle Morgan Bolton ran on the front page of the local section on Sunday, February 8, 2004 with a picture of the PLAINTIFF sitting behind a stack of law books, and the caption "PLAINTIFF of Poestenkill uses his own legal knowledge to successfully fight zoning and other issues in court" ...

And a second picture at page 4 with the caption "PLAINTIFF looks through his legal books at his home in Poestenkill.  PLAINTIFF has not used an attorney in 15 years."

All of which caused the local BAR ASSOCIATION to get quite surly and snippy .....

"WE DON'T LIKE SEEING PICTURES OF YOU IN THE NEWSPAPER WITH YOUR LEGAL BOOKS ....

The story ran in relevant part as follows:

Everyone has a right to legal representation.

But a growing number of civil and criminal litigants are choosing to defend themselves, citing a shortage of cash, mistrust of lawyers or a misplaced belief - based on popular courtroom drama - that they can swing it on their own.

A 1999 survey from the National Center for the State Courts in Virginia found that 58 percent of Americans believe they could represent themselves in court if necessary.

Such pro se representation - Latin for "on one's own behalf" - is most often seen on the civil side, involving marital or tenant/landlord disputes and traffic violations.

Statistics show, for example, that 85 percent of all tenant/landlord cases are unrepresented in New York.

That number is attracting attention by lawyers, state officials and advocates who worry that justice can't be served when inexperienced people navigate the legal system on their own, especially in criminal cases.

"Someone with access to a lawyer can win by making it impossible for the other partner to be in the game,"' Albany Law School professor Laurie Shanks said.

It's a process set up by lawyers for lawyers, she said.

"I WOULD NOT GO TO COURT WITHOUT A LAWYER," added state Deputy Administrative Judge Juanita Bing Newton, who heads up Justice Initiatives for the Unified Court System.

"AND I AM CERTAINLY NOT AN ADVOCATE OF PEOPLE REPRESENTING THEMSELVES."

DISBURSEMENTS ......

A EUPHEMISM for PROTECTION ....

And from the end result in here ...

Where Jeff Pelletier never even had to lift a finger to defend himself in court all the way up to the federal Second Circuit Court of Appeals ....

For Jeffrey, anyway ...

Those DISBURSEMENTS were money well spent ....

Which point ....

As this older reader reminds us ....

Was made in spades .....

At page 600 ....

Of the O'Connor BIBLE .....

Submitted to the federal Second Circuit Court of Appeals in New York City in this matter .....

On behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005 ....

Wherein Hon. Gary L. Sharpe, the federal District Court Judge in Albany, New York clearly stated for all the candid world to see and heed ....

The following fact, to wit:

On August 9, 2001, defendant Reiter (Rensselaer County Director of Veterans' Service) WARNED PLAINTIFF to "back off" the Pelletier investigation BECAUSE HE WAS A "PROTECTED PERSON" IN THE COUNTY.

end quotes ...

And as this older person with the keen and discerning mind says ...

"Nothing really could be much plainer than that!"

And so ....

The PLAINTIFF was warned .....

And so ...

He deserved everything he got ...

When he was too stupid to heed Robert Reiter's threat ....

And so .....

And so indeed, America .....

"Someone with access to a lawyer can win by making it impossible for the other partner to be in the game,"' Albany Law School professor Laurie Shanks said.

And so it was proven to be .....

In this case, anyway ....

And so ...

Once again ...

We have come around the circle in here .....

And where we keep arriving at ....

Is the truth of these words by this law professor at Albany Law School in Albany, New York ...

Where all of this drama took place in federal District Court for the Northern District of New York .....

And in the end ....

It just comes down to money .....

And the "right connections" .....

Or "HOOK UPS", as they say up here ......

Which is to say ...

"Hooking up" with the right lawyer ...

For the right judge ...

As this New York State Deputy Administrative Judge Juanita Bing Newton is making very clear in this newspaper article above here .....

So that with a lawyer as your "BAG MAN" ....

It is no longer a BRIBE ....

For the PROTECTION that you are going to get ....

But a DISBURSEMENT, instead ......

And so ......

At least up here in the federal Northern District of New York ....

That is the accepted practice .....

If you have the right "HOOK UPS" .....

As did Jeffrey Pelletier of Poestenkill, New York ....

And so ....

[Livyjr]

When I was young, in the late-1940's and 1950's, it seemed that everything up here where I am was contaminated, or polluted in some way, whether it be the air that we breathe, the water that we were to either drink or swim in, and the land itself, as well, with all kinds of industrial wastes that were hazardous or toxic to not only human life, but the life of other living things in the environment, as well, which are generally discounted today as being an impediment to "progress" and yet more profits for those in OUR America who will just never have enough, and so, must push and shove until there is nothing left in their way, which is to say, nothing left, period!

SILENT SPRING!

A book by Rachel Carson in the early 1950's that set off quite a controversy, as I recall it, anyway, over the environmental hazards posed by the insecticide DDT, which we had our hands in, without knowing the difference, as children every spring, when the growing season began again, up here in the cold country, because like everyone else up here, we used DDT as an insecticide in our garden, and you just never thought about the impacts of it, because it was being sold by some huge United States CORPORATION, and they would never do harm to the environment , and human beings, would they?

DDT had gotten into the food chain, and it was causing the shells on bird's eggs to be weakened, so that when the mother bird sat on the nest, her weight would cause the eggs to break, and it seemed that almost overnight, our songbird population up here just disappeared!

We had Baltimore Orioles every year nesting in an elm tree on top of the hill, and they were some of the first to go, because of their hanging, basket-like nests, which would crush their eggs in a hurry, because of the softened shells, and that was that!

They were gone!

And so, one day, 1969 to be exact, BECAUSE OF ALL OF THIS EXPERIENCE WE HAD WITH AIR NOT FIT FOR A DOG TO BREATHE, OR WATER NOT FIT FOR VERMIN, LET ALONE HUMANS, the PEOPLE of the State of New York, myself included, voted to amend Article XIV the New York State Constitution as follows:

S 4. The policy of the state shall be to conserve and protect its natural resources and scenic beauty and encourage the development and improvement of its agricultural lands for the production of food and other agricultural products.

The legislature, in implementing this policy, shall include adequate provision for the abatement of air and water pollution and of excessive and unnecessary noise, the protection of agricultural lands, wetlands and shorelines, and the development and regulation of water resources.

The legislature shall further provide for the acquisition of lands and waters, including improvements thereon and any interest therein, outside the forest preserve counties, and the dedication of properties so acquired or now owned, which because of their natural beauty, wilderness character, or geological, ecological or historical significance, shall be preserved and administered for the use and enjoyment of the people.

Properties so dedicated shall constitute the state nature and historical preserve and they shall not be taken or otherwise disposed of except by law enacted by two successive regular sessions of the legislature.

S 5. A violation of any of the provisions of this article may be restrained at the suit of the people or, with the consent of the supreme court in appellate division, on notice to the attorney-general at the suit of any citizen.

end quotes

And thus were sown the seeds of the present-day controversy that we are discussing in here, because to a generation either too young to have voted in 1969, or who were not even born yet, the generation that did vote to amend the New York State Constitution in 1969 had just altered their lives, and some, or many of that generation have grown quite resentful about this, as they look at this Constitutionmal Amendment in the State of New York as abridging some type of "frontier privilege" to pollute and desecrate the land that they thought, apparently, was a God-given right to everyone - "IT'S MY LAND, I CAN DO ANY DAMN THING I WANT TO IT, AND AIN'T NOBODY OUT THERE WHO CAN STOP ME!"

Well, maybe so, somewhere outside of New York State, and indeed, despite the Constitution, even inside of New York State, you still can do pretty much what you want, if you have the money, of course, and so, the controversy has been heating up and heating up, until this very moment in time, where a line in the sand is now very well defined, and we are on one side, along with the New York State Constitutional Amendment above, and the power, starting with New York State Attorney General Eliot "Big EL" Spitzer, is on the other, and the "future" is right now twisting in the wind, liable to go one way, or the other, but not both, as these are now mutually exclusive paths that we are talking about, and so, one cannot travel both at the same time!

The bigger controversy, of course, over this New York State Constitutional Amendment comes from the out-of-state monied interests, and downstate interests, which is to say, New York City money, who see this Constitutional Amendment as an impediment to New York State's "competitiveness" in what is now considered to be a global economy, where New York State's Constitution is seen by these individuals as being too "restrictive"!

Not only can New York State not compete with the Mexicos and Iraqs and Uzbekistans of the world because of its "LIBERAL" Constitution, it is said, it cannot even compete with the other states here in OUR America who are glad to not only welcome polluting industries, but will further "pay the freight" for these polluting industries to re-locate to the other states in the union who are only too glad to foul their air and water and land for the sake of as much money as they can stuff into their pockets, right now today!

IS THIS TRUE?

Do other states in the United States really welcome in polluting industries?

As for me, I don't know, and personally, in many ways, I do not care, because it would be a waste of emotional energy for me to do so!

If, for example, poor folk down in Louisiana or Mississippi or George W. Bush's home state of Texas are being poisoned by industrial contamination and pollution, there really is nothing that I can do about it, since I don't live in those states, and thus, I do not have any standing whatsoever to interfere in the affairs of those states, and their relationship with their peoples, and that is something subtle that I think we as Americans in this day and age need to come to grips with, which is this "reach" that we really do have as American citizens, here in OUR America - it goes barely beyond OUR own property lines, if we own any, and that is tenuous at best, in the best of times, which these up here right now are decidedly not!

And while we common citizens are barely able to protect OUR own health, safety and well-being in OUR own communities, DESPITE the alleged safeguards built into OUR New York State Constitution, in the meantime, out-of-town and out-of-state industries and other special interest groups are able to buy themselves access on a daily basis to OUR state government to have it keep OUR Constitution locked away from us, which reduces us to the state of chattel, or property of the "state", modern-day equivalents of the slave Dred Scott, in OUR own homes, despite the alleged protections against that possibility becoming an actuality that were placed in OUR Constitution by OUR forebears in LIBERTY, in the days following the Declaration of Independence, way back in 1776!

Being unable to muster the votes, or the support to have this Constitutional Amendment from 1969 above expunged from OUR New York State Constitution, these "anti-Constitutional" forces here in New York State, which include Eliot Spitzer as one of their "Flag-bearers", have simply decided to openly scrap the Constitution, and to then use blunt and brute force against those few "pockets of resistance", such as us, who are for the Constitution, and that is why we are where we are, here in the State of New York today!

And when a state Constitution can be so openly scrapped, what about the United States Constitution, which is also seen as an impediment to American "competitiveness" in a global economy, where OUR competitors have no Constitutions to restrain their governments, while we do!

Way back in 1954, when I was but a young one, out in the country, here in OUR America, Rachel Carson was quoted as saying:

"The more clearly we can focus our attention on the wonders and realities of the universe about us, the less taste we shall have for destruction."

When I first heard those words, in the America of that time, where there were no birds left in the sky, literally, I took those words as something that I would have to give some serious consideration to, as I got older, and all these years later, what is it now, fifty-one years, I still have to give pause when I think on these things, BECAUSE I WAS THERE, AND I HEARD THE SOUNDS OF SILENCE, MYSELF!

And yet, we as a nation never really changed, and but for a brief hiatus, it seems that our national taste for destruction has become a mania, headed for insanity, and all of this in my one lifetime, to boot!

And so .....

And there is the "rub", if you will, Mr. A.B., since this never was about "me", in the first place!

It is about "choice" in what kind of government that we have, here in OUR America, and whether or not we HAVE to accept corrupt government as OUR due, here in America, just because a certain political party fares better when things are "fast and loose", by "design" through "payments" for "protection".

My original involvement in this "issue" goes back at least to 1974, when I came in the house one day for a drink, and found that my glass was full of heating oil from a spill up at the local oil BID-NESS.

When I tried to find out what was going on, I found "authority" all wrapped around the BID-NESS man, protecting his interests, AGAINST me, and the others who had oil in their wells as a result of what was clearly negligence, by the protected BID-NESS man.

"Protection", Mr. A.B., "protection".

If you got some money, and no integrity, of course, then you can be "protected", regardless of some words on a piece of paper called law.

And so, my eyes were opened.

And I became "wiser" as to the way of the world, at least how that "world" operated right where I was, in America.

And so, I started digging, and digging and digging, to find out how this could have happened in the first place, and to find out what laws there were that would protect others from this fate of having their water supply polluted or contaminated by a BID-NESS, with no ramifications or repercussions for the BID-NESS, and all the responsibility for having a contaminated well put over on the homeowner, as it was in my case.

And the more I looked, and you didn't have to look hard at all, here in Rensselaer County, that is for sure, it became apparent that the Rensselaer County Department of Health was full of problems that were causing problems for us, the homeowners and taxpayers of Rensselaer County.

If you can believe this, and many people can't, although it is both true and documented, we had a REPUBLICAN flunky serving in the capacity of a medical doctor in Rensselaer County, in charge of public health, who was not a doctor at all!

I don't know if he even could have spelled the word, but that did not matter!

It did not matter to the New York State Health Department, who "approved" this man serving in the capacity of a doctor in charge of a county health department in New York State, and it did not matter to the REPUBLICAN PARTY, which was in charge in Rensselaer County, since this man, one of theirs from the state headquarters down in the big city of Albany, New York, was there by design, to do the party's work for them, which was to raise money for the party by selling "protection", "favors" and "pass throughs", which is the name given to the practice of "one-stop shopping" here in Rensselaer County, where this REPUBLICAN hack serving as the doctor in charge of the Rensselaer County Department of Health would also sign off on your plans as a licensed professional engineer, even though he was not one of those, either, and despite the fact that such sign-offs by this man constituted a felony in the State of New York!

And apparently, it did not matter to the people of Rensselaer County, either, which gives you an idea of where a large part of OUR problems up here really lie.

Up here, "government" jobs account for the bulk of the available jobs, and so, over the years a servile population has been created, since if you want one of these jobs, you're going to have to "make nice" to the parties to get one.

Then, of course, you have a "hook" in you, and it is not going to come back out!

If party policies are causing the corruption in the State and County Health Departments that is adversely affecting your water supply through negligence, misfeasance, and malfeasance, and the party controls who works, and who doesn't, including not only you, but members of your family as well, then what are you risking if you stand up to fight the hand from which you have already taken "food"?

And so, there we are.

And that makes it all a very tough equation to solve, indeed, Mr. A.B., and as of right now, I still don't have an answer as to which way to go.

I know that I am not going to stand by meekly and drink contaminated or poisoned water, and yet, right now, I have no other choice left to me, since I am now "out of court" with no way back in to protect my own health and well-being, let alone my rights, and the mountain that has to be climbed to restore integrity to our public health protection up here has gone past Mt. Everest in terms of level of difficulty for someone like me to climb, especially as now, people have scattered like a covey of quail, so as to not be next in line for a trip, courtesy of the New York State Police, in "restraints", to the GULAG down in Troy, New York, for some "mental re-adjustment" that will have you grinning like an idiot and drooling a lot, but tractable, and passive, for all of that, at least as far as corrupt government is concerned up here.

And there is where we are, Mr. A.B., at least right at this moment!

Stay tuned for further developments, as they happen!

And speaking of those "further developments" .....

"Wells full of who-knows-what - Many who have a private water supply know little about its quality"

By JORDAN CARLEO-EVANGELIST, Staff writer, Albany, New York Times Union

First published: Tuesday, April 11, 2006

Craig Richard realized he was buying a house across from a junkyard.

Until a fence was erected, it was about all he could see from his front window.

What he didn't know was that years earlier, state officials discovered the toxic gasoline additive methyl tertiary butyl ether (MTBE) spreading from the site into groundwater beneath Richard's neighborhood -- just outside Hudson Falls, beyond the reach of municipal water.

"If I would have known about that,'' Richard said of the state-monitored spill, "I probably would have tested my well.''

Then, two years ago, a stream of runoff laced with gasoline and antifreeze flowed past Richard's house and heightened his concern.

Since that incident, the state has continued to detect MTBE in nearby test wells, though none yet in the drinking well at Richard's home.

Richard, 38, says he feels more abandoned than lucky.

A tool sharpener of modest means, he spends $400 a year on bottled water rather than risk the health of his wife and 3-year-old daughter.

He is not alone.

Roughly 1.3 million New York citizens drink water from private wells they know little about and almost never test for water quality.

That is about 7 percent of all New York state residents receiving minimal or no screening of the water they drink.

No one in government even knows for sure the location of thousands of private wells statewide -- a substantial blind spot in the state's ability to warn people of underground water pollution.

The danger extends well beyond MTBE, a gasoline additive that dissolves in water and lingers underground.

The state mandates stringent testing for dozens of contaminants in larger public water supplies, but no standards exist for private water sources.

Only in recent years have state health and environmental officials begun to work together to cross-reference computer data on the locations of public water supplies and petroleum spills.

For private wells, little data exists so far.

Private wells and safety

Protection for private wells has for decades depended on a hodgepodge of local laws that vary greatly among New York's 62 counties.

As a 1998 study by the state Department of Health put it:

"Private wells lack the protection many public drinking water supplies enjoy.''

"You get a water main break in the city, they say boil your water,'' said Richard, of Kingsbury.

"Then they say, `You have a private well?'"

"Drink whatever you want.'''

It is a serious problem that some say begins with a basic misconception.

"Somehow we've gotten this sense that people who are on private wells are living in pristine areas,'' said Paul Pontoro, chief of the water resources office for the Suffolk County Department of Health.

The reality is quite often the opposite.

Pontoro declined to comment on MTBE specifically because Suffolk County is suing the chemical's makers.

But he leaves little doubt that despite his office's efforts to help Suffolk's roughly 200,000 people who drink from private wells, their safety remains a wild card.

"The reality of it is that every time you open up a newspaper nationally, you're seeing some problem come up with private wells,'' he said.

"Nationally, there has been no commitment whatsoever to regulate them.''

Most experts agree private well water isn't tested enough, even for basic contaminants, such as bacteria.

Regardless, some counties, frustrated with the lack of state guidance, have taken the lead in requiring testing and local well registration.

"People have said to me they just assumed that their water was fine -- that if it's in their well and nobody's said anything to them that the water is potable,'' said Rockland County Legislator Ellen Jaffee, who fought for a local testing law.

Jaffee, a Democrat, modeled the Rockland law after New Jersey's standards.

New Jersey's law, which in 2001 became the first of its kind, requires most private wells be tested for a series of contaminants, including volatile organic compounds such as MTBE, before closing a sale of the property.

The seller has to share the results with both the state and the prospective buyer, similar to a termite inspection.

If contamination is found, local health authorities can warn other private well owners nearby.

"It's a kind of a right-to-know requirement of the quality of your drinking water,'' said Fred Mumford, a spokesman for New Jersey's Department of Environmental Protection.

New Jersey estimates its required battery of tests costs between $550 and $600.

Preliminary reports show that about 8 percent of nearly 5,200 New Jersey wells tested violated state standards for some sort of state regulated contamination.

The state's standard for MTBE is 70 parts per billion, seven times greater than New York's.

A similar statewide law introduced here by Assemblyman Thomas P. DiNapoli (D-Great Neck) has languished at the Capitol for more than a year.

To pass Rockland County's law, Jaffee said, she and her supporters had to overcome two executive vetoes and opposition from the real estate industry, which is now challenging the law in court on technical grounds, arguing, in part, the county cannot force responsibilities on state-regulated real estate agents.

Early reports indicate that as many as one-third of the first 60 wells tested have been contaminated at some level with some contaminant, including MTBE, she said.

In Dutchess County, where significant groundwater contamination has made well testing an emotional issue for citizens, the board of health acted last year to institute mandatory testing for private wells every six years before the county legislature acted on it.

That law will take effect July 1.

Cracks in the system

Only as recently as 2000 have well-drillers in New York been required to tell state environmental officials where they're drilling new wells -- vital information when the state Department of Environmental Conservation responds to spills and assesses who might be at risk.

Rockland, like Albany County and several others, has required some form of well registration since 1989.

However, despite that passage of time, only about 1,000 of an estimated 6,000 to 8,000 wells in Rockland are accounted for, said Daniel Miller, head of the county health department's water supply bureau.

Success in warning people their private water supply might be in jeopardy depends on the cooperation of multiple state and local agencies, and more than a little legwork -- what one county health official calls a "windshield tour'' of the neighborhood.

"We don't have a database with all well locations,'' Miller said.

"Really, the only way to do it effectively is by door-to-door survey.''

With thousands of spills statewide and incomplete information about private wells nearby, inevitably, some have fallen through the cracks as environmental and health officials try to triage which spills threaten the most people and thus require the most immediate and aggressive attention.

Interviews with local health officials around the state show that standard procedures for notifying the public vary from place to place.

Many say they have good working relationships with state agencies, combining the state's resources with the county's local knowledge to identify who is drinking from private wells.

Lacking comprehensive data, in some cases they simply compare tax maps to water bills, working backward to determine what properties don't appear to be connected.

While studying MTBE in private wells near gas stations in the late 1990s, the state Department of Health used census data to target its research on areas with a low percentage of households connected to public water.

The first test looked at 40 Capital Region wells near gas stations, of which 20 percent had detectable levels of MTBE.

Only one, at 61 parts per billion, exceeded current state standards.

A year later, the study was expanded to the southern part of the state, where MTBE was mixed into gasoline in much higher concentrations.

There, detectable MTBE was found in 38 percent of the 34 wells tested, generally at higher levels.

Based on the MTBE guidelines at the time, the studies concluded the wells tested "pose no apparent public health hazard,'' though residents of one home, the authors noted, were found to be exposed to as much as 61 parts per billion for an "undetermined period of time'' less than 20 years.

The state lowered its toxic threshold for MTBE to 10 ppb after that study.

Figuring out where to test is a decision typically made based on what was spilled, how it usually behaves and how groundwater usually moves.

"If you have a place where there is no county health department some of these wells do fall through the cracks,'' said Dale Rowe, Columbia County's environmental health director.

Rowe, who's worked closely with state agencies for four decades, said their field workers are dedicated but often understaffed and at the mercy of policies set several levels above them.

"I've been here 40 years, I know who's got (private water),'' he said.

"We protect public health, but (state officials) seem to be more interested -- not all of them, but the administration -- in generating fees for the state of New York.''

Twenty-one counties don't have local environmental health divisions devoted to water quality at all.

The regional districts of the state Department of Health handle those services for them.

Public health officials almost universally agree that everyone with a private well should test at least annually for bacteria, which can be present almost anywhere and can sicken and kill more quickly than MTBE or other toxic chemicals.

Many people only test their wells for bacteria when banks require it before approving a mortgage on their home.

"Cancer is a horrendously scary thing,'' said said Andy Barber, a hydrogeochemist with engineering firm Barton & Loguidice.

"Is (MTBE) a health hazard?"

"No doubt about it."

"But if you have your own on-site water system, there are others, too.''

Deciding how broadly to test depends on the historic uses of nearby land and the history of contamination in the area.

Part of the problem is that there is no one test that will detect every possible contaminant, Barber said.

Buying tests to cover every pollutant costs hundreds of dollars.

"You have to know what you're looking for,'' he said.

"When you send a sample into the laboratory, you have to say I want to look for MTBE in this water.''

The high cost of switching

In East Fishkill, Dutchess County, Dennis Callinan lives 300 yards from a neighbor who worked at home cleaning semiconductor chip trays for IBM.

Cleaning chemicals leached into the earth, groundwater and Callinan's well.

The main chemical that has tainted water in this semirural Dutchess County community is trichloroethylene, a colorless liquid used to clean metal parts.

TCE, found across New York, is a likely carcinogen, with a host of other suspected health impacts.

The federal government has set a maximum level in drinking water of 5 parts per billion, half of New York's limit for MTBE.

For at least 20 years, the Callinan family drank TCE at a level way above that, as high as 50 parts per billion.

They had their well tested a few times, but authorities only recommended they look for bacteria.

Those tests came back clean.

"We have two sons with kidney problems,'' said Callinan, who is convinced the TCE has hurt his family.

"My wife has serious kidney and liver problems."

"I am very bitter.''

As is typical with environmental threats to public health, no direct evidence ties TCE to illness in Callinan's family.

Some counties, like Chemung on the Southern Tier, have local laws that force homes and businesses to connect to public water if they are within a certain distance of water mains.

"The logic there is that there's a lot of testing that goes on daily in public water supplies,'' said Thomas Kump, director of environmental health there.

"The logic is to not have these people be potentially at risk.''

For some, the cost of connecting to municipal water, often in the thousands of dollars, is a deterrent or an outright barrier to safer water.

DEC has in the past offered to connect people for free or ordered spillers to bear the cost, but some property owners refuse, unwilling to pay recurring water bills when they think they can get water more cheaply from their own wells -- water that was fine, they say, until someone else ruined it.

Richard of Hudson Falls is eager to connect, but there is no municipal water on his street.

"A thousand dollars for peace of mind,'' he said.

"It's nothing.''

Town Supervisor James Lindsay said the town has been trying to get grant money to extend about 2,000 feet of pipe to serve the neighborhood.

"I don't think I'd want to be drinking the water because you never know what's going to be in it,'' said Lindsay, adding that the site has had problems under several tenants for 25 years.

The irony, Lindsay said, is that because recent tests have come back clean, the project has been given a low priority among others eligible for grants.

Admitting that it's a gruesome desire, the best thing that could happen, Lindsay said, would be for wells to start testing positive with high levels of contamination.

"Because then we could go to the state and we'd be laying water pipe tomorrow.''

Jordan Carleo-Evangelist can be reached at 454-5445 or by e-mail at jcarleo-evangelist@timesunion.com. Staff writer Matt Pacenza contributed to this report.

[Livyjr]

And here ...

An older reader ...

With a keen and discerning mind ....

Has stopped me to say ....

That the word "DISBURSEMENT" .....

As used in this sworn affidavit .....

By this alleged Court House Fixer in Rensselaer County ...

On behalf of the assailant, Jeffrey Pelletier of Poestenkill, New York .....

Is a very revealing choice of words ...

By this lawyer .....

Who is a member of  a profession .....

Which parses sentences with a scalpel .....

And I have to agree ...

"Hey, Judge, look, Jeff has money out here ..."

"He has bought something ..."

"And now ..."

"You must honor that agreement ..."

And so indeed it was done .....

DISBURSEMENTS ......

A EUPHEMISM for PROTECTION ....

And from the end result in here ...

Where Jeff Pelletier never even had to lift a finger to defend himself in court all the way up to the federal Second Circuit Court of Appeals ....

For Jeffrey, anyway ...

Those DISBURSEMENTS were money well spent ....

Which point ....

As this older reader reminds us ....

Was made in spades .....

At page 600 ....

Of the O'Connor BIBLE .....

Submitted to the federal Second Circuit Court of Appeals in New York City in this matter .....

On behalf of defendant REPUBLICAN Rensselaer County Executive Kathleen Jimino and her co-defendants, in or about November of 2005 ....

Wherein Hon. Gary L. Sharpe, the federal District Court Judge in Albany, New York clearly stated for all the candid world to see and heed ....

The following fact, to wit:

On August 9, 2001, defendant Reiter (Rensselaer County Director of Veterans' Service) WARNED PLAINTIFF to "back off" the Pelletier investigation BECAUSE HE WAS A "PROTECTED PERSON" IN THE COUNTY.

end quotes ...

And as this older person with the keen and discerning mind says ...

"Nothing really could be much plainer than that!"

And so ....

The PLAINTIFF was warned .....

And so ...

He deserved everything he got ...

When he was too stupid to heed Robert Reiter's threat ....

And so .....

BRIBERY: The offering, giving, receiving or soliciting of SOMETHING OF VALUE for the purpose of INFLUENCING THE ACTION of an official in the discharge of his or her public or legal duties; the corrupt tendering or receiving of a price for official action; the receiving or offering any undue reward by or to any person concerned in the administration of public justice or a public office to influence his behavior in office; any gift, advantage or emolument offered, given or promised to, or asked and accepted by any public officer to influence his behavior in office.

"Any direct or indirect action to give, promise or offer anything of value to a public official or witness, or an official's or witness' solicitation of something of value is prohibited as a bribe or illegal gratuity"

- Title 18 United States Code section 201

"E-mails show Abramoff's donation leverage"

By JOHN SOLOMON and SHARON THEIMER, Associated Press
Last updated: 6:15 p.m., Tuesday, April 11, 2006

WASHINGTON -- A Republican Party official and Jack Abramoff's lobbying team bluntly discussed using large political donations as a way to pressure lawmakers into securing federal money for a tribal client, according to e-mails gathered by prosecutors.

The e-mails detail how Abramoff's team worked to leverage assistance from the White House, Congress and the GOP to get a reluctant federal agency and a single Republican congressional aide to stop blocking school construction money for the Saginaw Chippewa tribe.

The e-mails were obtained by The Associated Press.

Abramoff's team ultimately prevailed when the congressional aide was overruled, several lawmakers pressured an Interior Department agency and Congress itself set aside the money for the tribe.

Lawmakers who helped got thousands of dollars in fresh donations from Abramoff's team.

Federal bribery law prohibits public officials from taking actions because of gifts or political donations and bars lobbyists from demanding government action in exchange for donations.

Abramoff's team repeatedly discussed donations as the reason Republican leaders should intervene for the Saginaw, the e-mails show.

"The tribes that want this (not just ours) are the only guys who take care of the Rs," Abramoff deputy Todd Boulanger wrote in a June 19, 2002, e-mail to Abramoff and his lobbying team, using "Rs" as shorthand for Republicans.

"We're going to seriously reconsider our priorities in the current lists I'm drafting right now if our friends don't weigh in with some juice."

"If leadership isn't going to cash in a chit for (easily) our most important project, then they are out of luck from here on out," he wrote, referring to political donation lists.

The e-mails have become evidence in a federal corruption probe into whether lawmakers, congressional aides and administration officials helped Abramoff's clients in exchange for gifts and donations.

A former federal prosecutor who specialized in fundraising cases said the e-mails are "circumstantial evidence that the money may have a relationship to certain legislative action" and would be useful in criminal prosecution if bolstered by other evidence.

"It memorializes what a lot of people suspect: that money buys access," said Charles La Bella, who oversaw a 1990s investigation into Clinton-era fundraising.

"Politicians, because of the way the system is set up, need money."

"And money is used as a carrot and a stick by lobbyists to encourage or discourage legislative action."

Abramoff's spokesman, Andrew Blum, declined comment Tuesday on the e-mails.

Abramoff's lobbying began when the Interior Department initially opposed giving the Saginaw -- a wealthy tribe with a casino -- federal school construction aid.

Abramoff's team turned to Congress, getting Michigan Democratic Sens. Carl Levin and Debbie Stabenow to persuade their party's leaders to request the money in a spending bill.

Democrats controlled the Senate in 2002.

Abramoff then turned to Republicans, including Sen. Conrad Burns of Montana, to overcome the administration's objections and secure $3 million specifically for the Saginaw when the GOP regained control of the Senate the next year.

The plan hit a snag in summer 2002 when a single GOP House appropriations staffer, Joel Kaplan, objected.

An angry Abramoff team frantically reached Republican leaders.

A staffer for the National Republican Congressional Committee, Jonathan Poe, suggested Abramoff's team compile a list of tribal donations, comparing Republicans with Democrats, to help make the case for lawmakers to overrule Kaplan, the e-mails state.

Poe's "suggestion for me was to have a list of money contributed by tribes broken down r to d so that I can make the cleanest argument that we are about to let the Senate Democrats take credit for the biggest ask of the year by the most Republican-leaning tribes," Abramoff lobbying associate Neil Volz wrote.

Abramoff's team obliged, creating a tally that showed his tribal clients overwhelmingly donated to Republicans -- $225,000 compared with $79,000 for Democrats.

Poe declined to be interviewed for comment.

NRCC spokesman Carl Forti said he didn't know if the NRCC ultimately helped but that NRCC staff routinely suggest strategy for lobbyists and others.

"We talk to groups and people all the time and recommend strategy."

"We do that with campaigns."

"It's part of what we do," Forti said.

The Abramoff team's pressure came the same day the NRCC, the GOP's fundraising arm for Republican House candidates, held its major fundraising dinner with President Bush.

The Saginaw were a dinner sponsor, donating $50,000.

Kaplan's resistance drew the ire of Abramoff's team.

"The bottom line is that a staffer received several letters from appropriators, Native American Caucus co-chairs and others supporting a project that costs the federal government ZERO dollars and he is refusing to put it in the bill because it's 'his account,'" Boulanger wrote.

Kaplan, who worked at the White House budget office before becoming an aide on the House Interior appropriations committee, did not return repeated phone calls to his office seeking comment.

He currently works for a private firm.

Abramoff's team devised a multi-pronged strategy.

Tony Rudy, an Abramoff colleague who was a former top aide to then-House Majority Leader Tom DeLay, reached out to his old boss' office.

Rudy recently pleaded guilty in the corruption probe and is assisting prosecutors.

"I just came out of a meeting with DeLay's folks."

"Joel ain't budging," Rudy wrote, referring to Kaplan.

Abramoff was copied on each of the e-mail exchanges, at one point affirming the strategy.

"This is brilliant," Abramoff wrote.

Abramoff's team persisted, calling the White House intergovernmental affairs office that often deals with Congress.

"Just talked to White House intergovernmental."

"I'm pretty sure they will weigh in."

"Just trying to figure out if they should call Joel or some other player in this drama," Abramoff associate Kevin Ring wrote.

Several people familiar with the lobbying effort said the possibility of White House help became moot when congressional leaders intervened.

In early 2003, Kaplan's new boss, House subcommittee chairman Charles Taylor, R-N.C., ended any problems in the House when he signed onto the Saginaw money.

Burns' office took up the fight in the Senate.

Both oversaw subcommittees that controlled Interior's budget, and the two lawmakers wrote a letter in May 2003 in an effort to overcome resistance inside Interior's Bureau of Indian Affairs, which was arguing the Saginaw shouldn't qualify for the school program.

"It is our belief the Saginaw Chippewa tribal school in question clearly falls within" the school construction program, Burns and Taylor wrote, sharply criticizing the BIA.

"We hope our collective response has cleared up any unnecessary confusion."

The blunt letter has caught federal investigators' interest because it referenced correspondence that had been drafted inside Interior but never delivered.

Federal agents are investigating whether an Interior official leaked the draft to Abramoff's team so it could be used by the lawmakers to pressure the department.

In addition, both Burns and Taylor got campaign money around the time of their help.

A month before the letter, Abramoff's firm threw Taylor a fundraiser on April 11, 2003, that scored thousands of dollars in donations for the lawmaker's campaign, including $2,000 from Abramoff and $1,000 from the Saginaw.

The tribe donated $3,000 more to Taylor a month after the letter.

Burns, likewise, got fresh donations.

Several weeks before the letter, Burns collected $1,000 from the Saginaw and $5,000 from another Abramoff tribe.

The month after the letter, the Saginaw delivered $4,000 in donations to Burns.

Taylor's office did not respond to several calls seeking comment.

The lawmaker had his own interest in the school construction program.

The year after the Saginaw money, Taylor arranged for the Cherokee tribe in his home state to get similar money.

In a letter to the Senate Ethics Committee, Burns' lawyer confirmed the senator's staff met with Abramoff's lobbying team about the Saginaw but insisted any "suggestion that funding for this project resulted from Mr. Abramoff's influence is not accurate."

[Livyjr]

And here, a reader has stopped me to ask if I can point to anything at all that conclusively states that in the State of New York, licensed professional engineers are not supposed to be playing "politics" ....

By signing off on projects that do not meet the requirements of all applicable federal, state and local laws, rules and regulations .....

As the PLAINTIFF was being required to do in this matter by Rensselaer County as a CONDITION OF HIS EMPLOYMENT with the Rensselaer County Department of Health in 1988 ....

Or more specifically perhaps, can I point to anything that definitively states that in the State of New York, licensed professional engineers are supposed to act with integrity at all times .....

And my answer is yes, I believe that I can ....

As follows:

A local board of health may not confer immunity on a professional engineer from any of the Rules of the Board of Regents defining unprofessional conduct set forth in Part 29 of Title 8 of the Official Compilation of Codes, Rules and Regulations of the State of New York (8 N.Y.C.R.R.).

Sections 6506, 6507, 6508 and 6509 of the New York State Education Law GIVE NO AUTHORITY to local boards of health in PROFESSIONAL ENGINEERING OR DISCIPLINE MATTERS.

A PROFESSIONAL ENGINEER SHOULD NEVER COMMIT PROFESSIONAL MISCONDUCT.

WHERE A PROFESSIONAL ENGINEER IS GIVEN DIRECTIONS THAT REQUIRE HIM OR HER TO COMMIT PROFESSIONAL MISCONDUCT, IT REMAINS THE OBLIGATION OF THE PROFESSIONAL ENGINEER NOT TO COMMIT SUCH MISCONDUCT.

Nothing in the definition of the practice of engineering under section 7201 of the Education Law PERMITS AN EXEMPTION FROM PROFESSIONAL DISCIPLINARY VIOLATIONS ON THE GROUNDS OF HAVING FOLLOWED ORDERS FROM A LOCAL HEALTH BOARD.

A professional engineer is ALWAYS RESPONSIBLE for his or her own professional work.

WHILE A PROFESSIONAL ENGINEER MAY TAKE PURELY ADMINISTRATIVE ORDERS FROM AN UNLICENSED PERSON, THE ENGINEER SHOULD NEVER FOLLOW ORDERS WHICH REQUIRE HIM OR HER TO COMMIT PROFESSIONAL MISCONDUCT.

Again, it is the professional engineer's PERSONAL OBLIGATION NOT TO COMMIT PROFESSIONAL MISCONDUCT.

Those words are taken directly from a June 11, 1991 letter on New York State Education Department stationary to us, the concerned citizens in this matter, from a Mr. Lance R. Plunkett, Senior Attorney, Regulations Review Unit, New York State Department of Education ....

Who was responding to us on behalf of Mr. Douglas Hasbrouck, Executive Secretary for the New York State Board for Engineering and Land Surveying in the State of New York ...

Where all of what transpired in this matter took place ....

My position in this thread ....

Is that this June 11, 1991 letter from the New York State Department of Education ...

Is clear and concise on its face ....

And unambiguous .....

And that it represents THE OFFICIAL STATED POLICY of the "State of New York" with respect to how licensed professional engineers must conduct themselves at all times in the State of New York ...

Regardless of POLITICAL PRESSURE .....

Or threats and intimidation ....

On the one hand .....

And regardless of a "lax regulatory environment" on the other ....

AND THAT IS WHERE THE ON-GOING DISPUTE IN THIS MATTER STEMS FROM ....

How "ABSOLUTE" is the law, really, when it does come right on down to the NITTY-GRITTY .....

Where a licensed engineer like PLAINTIFF is told by a powerful REPUBLICAN lawyer to "*** THE LAW, JUST DO WHAT YOU ARE BEING TOLD TO DO, OR YOUR SORRY *** IS GOING RIGHT ON OUT THE DOOR, AND I'LL PERSONALLY SEE THAT YOU NEVER WORK AS AN ENGINEER IN THE STATE OF NEW YORK, EVER AGAIN!"

How "absolute" is the law .....

When a Bush-appointee federal district court judge in the federal Northern District of New York makes it very clear to all of us "honest folks" up here who believe in the "law" as stated in that June 11, 1991 letter ....

That that law is nothing but one great big joke ...

And so ....

PUBLIC HEALTH ENGINEER:

The term public health engineer ......

SHALL mean .....

A person .....

Who applies engineering principles .....

For the detection ....

Evaluation ....

Control ....

AND management ....

Of THOSE FACTORS IN THE ENVIRONMENT .....

WHICH INFLUENCE MAN'S HEALTH .....

- Title 10, New York Code of Rules and Regulations, Section 11.100

And speaking of those "further developments" .....

"Wells full of who-knows-what - Many who have a private water supply know little about its quality" 
 
By JORDAN CARLEO-EVANGELIST, Staff writer, Albany, New York Times Union

First published: Tuesday, April 11, 2006

Roughly 1.3 million New York citizens drink water from private wells they know little about and almost never test for water quality.

That is about 7 percent of all New York state residents receiving minimal or no screening of the water they drink.

No one in government even knows for sure the location of thousands of private wells statewide -- a substantial blind spot in the state's ability to warn people of underground water pollution.

As a 1998 study by the state Department of Health put it:

"Private wells lack the protection many public drinking water supplies enjoy.''

"The reality of it is that every time you open up a newspaper nationally, you're seeing some problem come up with private wells,'' he said.

"Nationally, there has been no commitment whatsoever to regulate them.''

Interviews with local health officials around the state show that standard procedures for notifying the public vary from place to place.

Many say they have good working relationships with state agencies, combining the state's resources with the county's local knowledge to identify who is drinking from private wells.

Lacking comprehensive data, in some cases they simply compare tax maps to water bills, working backward to determine what properties don't appear to be connected.

"If you have a place where there is no county health department some of these wells do fall through the cracks,'' said Dale Rowe, Columbia County's environmental health director.

Rowe, who's worked closely with state agencies for four decades, said their field workers are dedicated but often understaffed and at the mercy of policies set several levels above them.

"I've been here 40 years, I know who's got (private water),'' he said.

"We protect public health, but (state officials) seem to be more interested -- not all of them, but the administration -- in generating fees for the state of New York.''

Jordan Carleo-Evangelist can be reached at 454-5445 or by e-mail at jcarleo-evangelist@timesunion.com. Staff writer Matt Pacenza contributed to this report.

And here .....

We come to today ...

Where a long-term reader of this thread ...

Has noticed ...

Based upon all that has gone before ...

Here in this thread ...

Where we have discussed the New York State Constitution ....

And the laws and public health policies of the State of New York since 1946 ...

Or before ....

That this article above here in the Albany, New York Times Union ....

Is riddled with innaccuracies ....

And EXCUSES ....

And perhaps ...

Some outright fabrications .....

Or untruths ....

And certainly what appears to be an effort to "cover up" .....

Or gloss over, perhaps .....

The GROSS NEGLIGENCE of the New York State Department of Health SINCE AT LEAST 1977 ....

And the New York State Department of Environmental Conservation .....

Likely from 1970 onwards .....

1970 being the date of the CREATION of that State agency .....

As a result of the PEOPLE of the State of New York amending the New York State Constitution ...

To specifically make protection of the waters of the state ...

A matter of CONSTITUTIONAL concern ...

Which is to say ...

The protection of groundwater is a part of the ORGANIC LAW of the State of New York SINCE 1969 ....

And so ....

"WHY", this reader asks, "ARE WE STILL HEARING ALL THIS WHINING AND HAND-WRINGING EXCUSE-MONGERING FROM THESE NEW YORK STATE OFFICIALS AND THE ALBANY, NEW YORK TIMES UNION, THIRTY-SIX YEARS LATER?"

Especially that statement in the Times Union story above that "No one in government even knows for sure the location of thousands of private wells statewide -- a substantial blind spot in the state's ability to warn people of underground water pollution" ......

Which to this reader, as to myself, is an ADMISSION OF GROSS NEGLIGENCE ......

By the State of New York itself ...

As the further documents and exhibits to be now discussed in here ....

Will amply demonstrate ....

Which is part and parcel of what this thread has been about ....

That on-going negligence by the State of New York ...

Which not only puts OUR health and well-being in jeopardy ...

Despite any laws to the contrary ....

But the long-term stability of OUR rural communities as well ...

And so ....

As the FACTS in here clearly demonstrate ....

It is true .....

Contaminating ground water in the State of New York has been a crime for quite some time now ...

A violation of the New York State Public Health Law ...

And ...

The New York State Environmental Conservation Law as well .....

However ...

As this thread has demonstrated ...

Those laws are nothing more than a joke in New York State ...

And so ...

Periodically ....

We have these kind of "hand-wringing" stories out of the Albany, New York Times Union ...

Which is published daily in the capital city of the corrupt State of New York ....

Where we're told, "OH, if we only had more money ..."

"Oh, if we only had more time ..."

But the truth is ....

That in Rensselaer County ....

Where the associate public health engineer in this discussion was "removed" ....

Because he would not practice PROFESSIONAL MISCONDUCT ON DEMAND ....

As a CONDITION OF HIS CONTINUED "EMPLOYMENT" by the County of Rensselaer ....

There has been a rural water protection program in place since AT LEAST 1949 ....

ON PAPER ....

And so .....

In Rensselaer County ...

There are ...

Or should be ...

Extensive records of where each residential well is ...

And there is a part of the problem here ....

Because who comes after in New York State ...

Has a responsibility to who was there before ...

When it comes to protection of drinking water supplies ...

And so ....

RIGHTS ....

Whose rights are to be protected?

Those of the people of the State who rely upon groundwater?

Or those of business ....

Or the realtors?

And so ...

What I am going to do in here at this point ...

Since all of the parts of the story to date are already stored in here ....

Is to explore this part of the topic now ...

The REGULATORY PART ....

Since it is the REGULATORY PART of this that concerns me ...

Just as it should concern all human beings ...

Since none of us can live without water ...

AND ...

It is because of the REGULATORY SCHEME ALREADY IN EXISTENCE in the State of New York .....

That the events in here occurred ....

And so .....

And if anyone should be familiar with all of that ....

IT WOULD BE THE ALBANY, NEW YORK TIMES UNION ....

Which has been there .....

Right from the very start of this story ....

And so ....

In fact ...

It can be said that the Albany, New York Times Union itself has been a part of this problem ....

More than it has been a part of the solution ....

Since October 12, 1988 ....

Or earlier in fact .....

But October 12, 1988 suffices as a starting date ....

The LEAD-IN to where we are today in the State of New York ....

With QUALIFIED PROFESSIONALS like the PLAINTIFF in here being shut out of the practice of PUBLIC HEALTH ENGINEERING in the State of New York .....

With the aid and assistance of the Albany, New York Times Union ...

To cut them down with libels .....

And thus ....

Render them ineffective ....

As protectors of the public health in the State of New York ....

As a part of what is mockingly called REGULATORY REFORM .....

Which is a EUPHEMISM for enhancing the levels of corruption in government in the state ...

Just as DISBURSEMENT is a EUPHEMISM for BRIBES ....

And so ....

[Livyjr]

ORGANIC LAW: The FUNDAMENTAL LAW, or constitution, of a state or nation, written or unwritten; that law or system of laws and principles WHICH DEFINES AND ESTABLISHES THE ORGANIZATION OF ITS GOVERNMENT .....

- Black's Law Dictionary

[Livyjr]

MISFEASANCE: The IMPROPER PERFORMANCE of some act which a person may lawfully do .....

MALFEASANCE: The doing of an act which a person ought not to do at all or the unjust performance of some act which the party had no right or which he had contracted not to do; evil doing; ill conduct; THE COMMISSION OF SOME ACT WHICH IS POSITIVELY UNLAWFUL; The doing of an act which is wholly wrongful and unlawful; COMPREHENSIVE TERM INCLUDING ANY WRONGFUL CONDUCT THAT AFFECTS, INTERRUPTS, OR INTERFERES WITH THE PERFORMANCE OF OFFICIAL DUTIES ...

NONFEASANCE: Nonperformance of some act which a person IS OBLIGATED OR HAS RESPONSIBILITY TO PERFORM; OMISSION TO PERFORM A REQUIRED DUTY AT ALL, OR TOTAL NEGLECT OF DUTY; as respects public officials, "nonfeasance" is substantial failure to perform a required legal duty, while "misfeasance" is the doing in a wrongful manner that which the law authorizes OR REQUIRES A PUBLIC OFFICER TO DO ....

There is a distinction between "nonfeasance" and "misfeasance" or "malfeasance"; and this distinction is often of great importance in determining an agent's liability to third persons.

- Black's Law Dictionary

[Livyjr]

To understand this issue under discussion in here .....

From the CONSTITUTIONAL PERSPECTIVE of WE, THE PEOPLE of Rensselaer County ....

How we have been harmed by this topic under discussion in here ......

By misfeasance, malfeasance and nonfeasance .....

In the Rensselaer County Department of Health ...

The New York State Department of Health ...

The New York State Department of Environmental Conservation ...

And the Office of Professional Discipline ...

Of the New York State Department of Education ....

Where a Bush-appointed Federal District Court Judge in the Federal Northern District of New York has approved a scheme in Rensselaer County in the State of New York .....

That allows someone with the right connections .....

Which is to say ...

The right lawyer .....

To make a DISBURSEMENT .....

And for that DISBURSEMENT .....

Procure a FALSE CERTIFICATION of alleged mental illness ......

From a CORPORATE MEDICAL DOCTOR in Troy, New York ...

Who will, sight unseen ...

Certify the person of your choice .....

In this case ...

A New York State licensed professional engineer investigating alleged misconduct by other New York State licensed individuals in Rensselaer County ...

In the State of New York ...

As being mentally ill and dangerous ...

So that you can then have a New York State Police SWAT Team ...

"TAKE THIS PERSON DOWN" ....

To hook them up in four-point restraints ...

For transport down to the GULAG at Samaritan Hospital in Troy, New York ...

Where they are then ...

Gone ...

Which false certification will then be defended in federal District Court for the Northern District of New York ...

By no less a personage than New York State Attorney General Eliot Spitzer ....

As well as to bebunk some of the twaddle in this Albany, New York Times Union article above here as to WHO IS RESPONSIBLE FOR THE PROTECTION OF GROUNDWATER in the State of New York ....

It is necessary to jump back in time .....

To the spring of 1982 .....

When New York State Health Commissioner Dr. David Axelrod ....

And Robert F. Flacke, the Commissioner of the New York State Department of Environmental Conservation .....

Executed a MEMORANDUM OF UNDERSTANDING BETWEEN THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ......

That bears directly upon what we are discussing in here .....

Wherein is stated ....

The AUTHORITY upon which the PLAINTIFF in here was acting ....

When he was first falsely and maliciously denounced by REPUBLICAN Rensselaer County Executive John L. Buono .....

As being mentally ill and dangerous ...

Back on October 12, 1988 .....

And that AUTHORITY is stated as follows:

A. POLICY FOR APPROVAL OF REALTY SUBDIVISIONS

1. Insofar as the applicant, that is, the subdivider, the subdivider-builder, the CONSULTING ENGINEER or other concerned person is involved, THE CONTACT WILL BE THE LOCAL HEALTH DEPARTMENT or State Health Department office having jurisdiction.

2. THE AUTHORITY AND RESPONSIBILITY OF LOCAL HEALTH DEPARTMENTS are prescribed in Sections 1115 to 1120 of the New York State Public Health Law AND Sections 17-1501 to 17-1515 of the New York State Environmental Conservation Law.

B. IMPLEMENTATION

1. Procedures

c) The HANDLING of realty subdivisions in city or county health department areas where regulations for the control of such developments are adopted pursuant to Section 1118 of the Public Health Law, and Section 17-1503 of the Environmental Conservation Law WILL BE CARRIED OUT IN ACCORDANCE WITH Health Department procedures.

THE CITY OR COUNTY HEALTH DEPARTMENT WILL REVIEW AND APPROVE OR DISAPPROVE PLANS FOR THE SUBDIVISION.

e) DISTRICT OFFICES AND CITY AND COUNTY HEALTH DEPARTMENTS WILL BE CONSIDERED THE APPROVING AUTHORITY ONLY AS LONG AS THEY HAVE THE SERVICES OF PROFESSIONAL ENGINEERS IN THEIR ORGANIZATIONS.

If such a person is not available, these projects will be referred to the Department of Health Regional or Area Office with the District Office or city or county Health Department providing any needed field services.

3. Standards

Applicable documents of the Health Department include part 74 of 10 NYCRR, Approval of Realty Subdivisions; Appendix 5A of 10 NYCRR, Bulletin No. 42, Recommended Standards for Water Works; RURAL WATER SUPPLY REFERENCED AS APPENDIX 5B OF 10 NYCRR; Health Department publication, "Planning the Subdivision"; Part 5 of the State Sanitary Code, Drinking Water Supplies; and Appendix 75A of 10 NYCRR, Waste Treatment Handbook.

4. Enforcement

The Field Office responsible for the program WILL ALSO BE RESPONSIBLE FOR THE ENFORCEMENT PROCEDURES.

5. WATER SUPPLY APPROVALS

Nothing contained in this procedural agreement shall be considered to ABROGATE the authority of the Department of Environmental Conservation to approve the taking of water .....

NOR TO ABROGATE THE AUTHORITY OF THE DEPARTMENT OF HEALTH FOR THE APPROVAL OF WATER SYSTEMS.

SIGNED

David Axelrod 5 May 1982

Robert F. Flacke 12 March 1982

end quotes

And so ....

e) DISTRICT OFFICES AND CITY AND COUNTY HEALTH DEPARTMENTS WILL BE CONSIDERED THE APPROVING AUTHORITY ONLY AS LONG AS THEY HAVE THE SERVICES OF PROFESSIONAL ENGINEERS IN THEIR ORGANIZATIONS.

And so ....

On October 12, 1988 ....

When REPUBLICAN Rensselaer County Executive went on TV Channel 13 broadcasting out of Menands, New York to appear on the Christine Kapostacey Jansing Show to announce that the PLAINTIFF herein had been removed from his office as Rensselaer County Associate Public Health Engineer .....

Because a group of land developers in Rensselaer County had offered Buono an $80,000 dollar bribe to "get rid of him" .....

And thereafter returned control of subdivision approvals ....

And concomitantly ....

Protection of OUR drinking water supplies ...

Back to REPUBLICAN Rensselaer County Public Health Director Kenneth Van Praag .....

A non-engineer ....

OUR EQUAL PROTECTION of the New York State Public Health Law and Environmental Conservation Law was tossed right out the window ...

And so ...

Now we fast forward to today ...

And as we take another look at this Albany, New York Times Union news article on groundwater contamination in the State of New York ...

We can begin to see the very deleterious effect on OUR health, safety and well-being that misfeasance, malfeasance and nonfeasance on the part of public health professionals can have .....

And so ....

That is why I believe that this thread remains relevant today .......

Despite the passage of time ....

And so ...

If you, the readers out there concur ......

We shall continue this discussion ....

And so ....

[Livyjr]

To understand this issue under discussion in here .....

From the CONSTITUTIONAL PERSPECTIVE of WE, THE PEOPLE of Rensselaer County ....

How we have been harmed by this topic under discussion in here ......

By misfeasance, malfeasance and nonfeasance .....

In the Rensselaer County Department of Health ...

The New York State Department of Health ...

The New York State Department of Environmental Conservation ...

And the Office of Professional Discipline ...

Of the New York State Department of Education ....

As well as to bebunk some of the twaddle in this Albany, New York Times Union article above here as to WHO IS RESPONSIBLE FOR THE PROTECTION OF GROUNDWATER in the State of New York ....

It is necessary to jump back in time .....

To the spring of 1982 .....

When New York State Health Commissioner Dr. David Axelrod ....

And Robert F. Flacke, the Commissioner of the New York State Department of Environmental Conservation .....

Executed a MEMORANDUM OF UNDERSTANDING BETWEEN THE NEW YORK STATE DEPARTMENT OF HEALTH AND THE NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION ......

That bears directly upon what we are discussing in here .....

Wherein is stated ....

The AUTHORITY upon which the PLAINTIFF in here was acting ....

When he was first falsely and maliciously denounced by REPUBLICAN Rensselaer County Executive John L. Buono .....

As being mentally ill and dangerous ...

Back on October 12, 1988 .....

And that AUTHORITY is stated as follows:

A. POLICY FOR APPROVAL OF REALTY SUBDIVISIONS

1. Insofar as the applicant, that is, the subdivider, the subdivider-builder, the CONSULTING ENGINEER or other concerned person is involved, THE CONTACT WILL BE THE LOCAL HEALTH DEPARTMENT or State Health Department office having jurisdiction.

2. THE AUTHORITY AND RESPONSIBILITY OF LOCAL HEALTH DEPARTMENTS are prescribed in Sections 1115 to 1120 of the New York State Public Health Law AND Sections 17-1501 to 17-1515 of the New York State Environmental Conservation Law.

B. IMPLEMENTATION

1. Procedures

c) The HANDLING of realty subdivisions in city or county health department areas where regulations for the control of such developments are adopted pursuant to Section 1118 of the Public Health Law, and Section 17-1503 of the Environmental Conservation Law WILL BE CARRIED OUT IN ACCORDANCE WITH Health Department procedures.

THE CITY OR COUNTY HEALTH DEPARTMENT WILL REVIEW AND APPROVE OR DISAPPROVE PLANS FOR THE SUBDIVISION.

e) DISTRICT OFFICES AND CITY AND COUNTY HEALTH DEPARTMENTS WILL BE CONSIDERED THE APPROVING AUTHORITY ONLY AS LONG AS THEY HAVE THE SERVICES OF PROFESSIONAL ENGINEERS IN THEIR ORGANIZATIONS.

If such a person is not available, these projects will be referred to the Department of Health Regional or Area Office with the District Office or city or county Health Department providing any needed field services.

3. Standards

Applicable documents of the Health Department include part 74 of 10 NYCRR, Approval of Realty Subdivisions; Appendix 5A of 10 NYCRR, Bulletin No. 42, Recommended Standards for Water Works; RURAL WATER SUPPLY REFERENCED AS APPENDIX 5B OF 10 NYCRR; Health Department publication, "Planning the Subdivision"; Part 5 of the State Sanitary Code, Drinking Water Supplies; and Appendix 75A of 10 NYCRR, Waste Treatment Handbook.

4. Enforcement

The Field Office responsible for the program WILL ALSO BE RESPONSIBLE FOR THE ENFORCEMENT PROCEDURES.

5. WATER SUPPLY APPROVALS

Nothing contained in this procedural agreement shall be considered to ABROGATE the authority of the Department of Environmental Conservation to approve the taking of water .....

NOR TO ABROGATE THE AUTHORITY OF THE DEPARTMENT OF HEALTH FOR THE APPROVAL OF WATER SYSTEMS.
SIGNED

David Axelrod 5 May 1982

Robert F. Flacke 12 March 1982

end quotes

And so ....

As I have stated in here before ...

Rensselaer County in the State of New York has had a county health department, BY VOTE OF THE PEOPLE OF THE COUNTY ....

Since 1946 ....

And it has employed PUBLIC HEALTH ENGINEERS ....

To protect OUR rural water supplies ...

Since 1949 ......

And a part of that protection was requiring well logs for all new residential wells drilled in Rensselaer County ...

Which logs then go into a central file ....

Where all the residential wells in Rensselaer County are listed ....

Pursuant to what is and has been SOUND PUBLIC HEALTH ENGINEERING PRACTICE in the State of New York for what now?

Over a HALF CENTURY?

Or more?

And I know this ...

Because I had to comply with these regulations myself ....

Way back in 1970 .....

When I had returned to here from Viet Nam ....

As a disabled veteran ...

Wishing to set up a secure abode for himself .....

In a place ...

Where the groundwater then ...

Was still clean .....

And fit to drink ....

Which then begs the question of why none of this DOCUMENTED REGULATORY BACKGROUND was reported in the Albany, New York Times Union article above here on groundwater contamination in New York State THIRTY-SIX YEARS LATER, in 2006 ...

But since the Albany, New York Times Union has never had a reputation for veracity or truthfulness or thoroughness ....

Publishing and operating as it does in the political environment of Albany, New York ......

It is not surprising to encounter outright lies and half-truths in the pages of that newspaper .....

And so .....

PUBLIC HEALTH STANDARDS .....

That is what we are talking about now ...

Since that is what precipitated this incident that took place in the Town of Poestenkill ....

In the County of Rensselaer ...

In the State of New York ....

On August 22, 2001 .....

When Jeffrey Pelletier first assaulted the PLAINTIFF on Liberty Lane in the Town of Poestenkill ....

To deter PLAINTIFF from continuing an investigation ...

Into exactly how it was that Pelletier ...

Was able to PROCURE ....

An approval ...

From defendant Denise Ayers ....

The REPUBLICAN Rensselaer County Director of Health in 2001 ...

To dump his sewage ....

Into the waters of the New Foundland Creek ....

Which flow through the PLAINTIFF's property ..

On their way ...

To the Hudson River ...

And the sea ....

And was then able to procure ....

Through DISBURSEMENTS made through the right lawyer .....

A fraudulent New York State Mental Hygiene Law certification ....

That PLAINTIFF was alleged to be mentally ill ...

And dangerous ...

So that with alleged further DISBURSEMENTS ...

Jeffrey Pelletier was able to use that fraudulent certification of alleged mental illness ...

To have PLAINTIFF barred from bringing on any actions for redress of grievance against either Pelletier ...

Or the REPUBLICAN-controlled Rensselaer County Department of Health ....

In Supreme Court of New York State for Rensselaer County ....

Where such suits for damages and redress must be filed ...

Pursuant to the Constitution and laws ....

Of the State of New York ....

And so ...

And here, before I continue ...

I want to address a question which came in a while ago ..

And that is whether or not any statements were ever made publicly to the effect that the Rensselaer County Department of Health IS CONTROLLED BY THE REPUBLICAN PARTY .....

As I have alleged in here ....

And for that answer ...

I simply turn right to the pages of the Albany, New York Times Union newspaper itself .....

To Wednesday, October 12, 1988 ....

To a story by ace Times Union "political correspondent" Timothy O'Brien entitled "Report to urge new septic rules" .....

Which was about a plan concocted by the REPUBLICANS, through REPUBLICAN Rensselaer County Legislator Thomas Cholakis, the BROTHER to federal Northern District of New York District Court Judge Con Cholakis .....

To gut the Rensselaer County Sanitary Code ....

Which PLAINTIFF had begun enforcing in 1986 ....

In accordance with the 1982 MEMORANDUM OF UNDERSTANDING between the New York State Department of Health ...

And the New York State Department of Environmental Conservation ...

Right above here .....

And the Constitution and laws of the State of New York ...

As are clearly and concisely identified .....

In that 1982 Memorandum of Understanding .....

In that October 12, 1988 newspaper article .....

Which was to set the stage for Buono's announcement that same evening ....

On the Kapostacey-Jansing show ...

On TV Channel 13 broadcasting out of Menands, New York ....

That PLAINTIFF was alleged to be mentally ill and dangerous ...

And so could not continue on ....

As Associate Public Health Engineer ...

In the REPUBLICAN-CONTROLLED Rensselaer County Department of Health ...

Political scribe O'Brien clearly identified the Rensselaer County Department of Health as being CONTROLLED by the REPUBLICAN PARTY ...

And presumably ...

Before that story was published by the Albany, New York Times Union on the morning of October 12, 1988 .....

The EDITORS of the Albany, New York Times Union would have had an opportunity to review this story for its VERACITY .....

Especially that bit about the Rensselaer County Department of Health being CONTROLLED BY THE REPUBLICAN PARTY .....

And so .....

And everything that took place subsequently ....

Including the vaunted Federal Bureau of Investigation ...

Of the United States Department of Justice .....

Being sent "ki-yiing" back to Albany, New York .....

Like a whipped dog ...

With its tail between its legs .....

By the REPUBLICANS in Rensselaer County ....

Does nothing, on the one hand .....

To dispel what the Albany, New York Times Union was publishing AS FACT on the morning of October 12, 1988 .....

That in Rensselaer County in the State of New York ...

The REPUBLICAN PARTY indeed has the control of what will constitute "adequate public health protection" for the people of Rensselaer County .....

And on the other ....

Only serves to CORROBORATE ....

The truthfulness ....

Of what O'Brien was reporting that day ....

That at least in Rensselaer County in the State of New York ...

The protection of the public health, safety and well-being ...

HAS BEEN ASSIGNED TO ...

OR GIVEN OVER TO ....

OR HAD BEEN TAKEN OVER BY ....

The REPUBLICAN PARTY ...

And so ....

And despite that newspaper article being forwarded as part of a COMPLAINT right up to the level of Dr. Axelrod himself, who was a DEMOCRATIC appointee ...

Who was considered by REPUBLICAN Joseph Bruno, the New York State Senator from Rensselaer County, and John L. Buono, the REPUBLICAN Rensselaer County Executive, and Robert A. "Big BOB" Smith, the REPUBLICAN Rensselaer County Attorney .....

To be nothing more than a sniveling, simpering LIBERAL ....

Nothing was ever done to end that REPUBLICAN control of OUR county health department .....

Nor did the Albany, New York Times Union ever make a further issue of it ...

And so ....

I would say myself ...

Based upon my own experiences with groundwater contamination up here in this corrupt state ....

That there is a direct link between the REPUBLICAN control of health departments here in New York State ...

And the amount of toxic and polluting **** that is in the groundwater up here in the State of New York ...

And so ....

In a subject such as this .....

Where we definitely are on the losing side ...

The side with "no clout" ...

And the side that refuses to BUY BACK from some lawyer ...

The rights we were born with ...

As citizens of the United States residing in New York State .....

By having to make DISBURSEMENTS ourselves ....

It would be easy to become emotional ...

And to make all kinds of wild charges ...

Which can never be substantiated .....

Which is why .....

Instead ...

I am cleaving right to the record ...

As it has developed in this matter over time ...

And so ....

All of my statements in here ....

About the REGULATORY ASPECTS of this case ....

As well as the historical background .....

Including the involvement of the Federal Bureau of Investigation ...

Of the United States Department of Justice ...

And the Office of the United States Attorney ...

For the Northern District of New York ....

Can be independently verified .....

By anyone willing to do a little legwork ...

Which is now made very easy ...

By use of the internet ....

And so ....

On October 12, 1988 ....

The Albany, New York Times Union was TOUTING the CHOLAKIS PLAN to gut the Rensselaer County Sanitary Code of its protections to the groundwaters of the State of New York .....

And today ...

The same Albany, New York Times Union is bemoaning the ultimate fruits of that effort ...

And so .....

What you sow ...

Is what you reap ...

And so ....