Frank Parlato Exposes Castorina, Nelson's Crimes ?
Frank Report's Latest on Luthmann v. Hanks et al. and People v. Luthmann
By M. Thomas Nast
Renowned investigative journalist Frank Parlato is looking into NYS Supreme Court Justice Ronald Castorina and Special Prosecutor Eric Nelson.
Ex-Attorney Richard A. Luthmann Files Lawsuit Seeking Compensation for Alleged Wrongs
In light of Richard Luthmann’s recent court filing in Luthmann v. Hanks et al. and a recent oral argument in the Fake Facebook case, Parlato asks whether Castorina and Nelson committed felony crimes in order to secure Luthmann’s Indictment in an August 2018 grand jury.
I spoke with Luthmann, and he had this to say: “Winter is here. I had Chris Ambrose served this week in Connecticut. The rest of the defendants will feel the Winds of Winter very shortly.”
The Defendants
Among the defendants in the case are NYC Council Member Kamillah M. Hanks, her partner, Kevin Barry Love, suspended NY attorney Christopher Ambrose, Staten Island Special District Attorney Eric Nelson, Guy Cardinale, the estate of Charlie Balducci and NYS Supreme Court Justice Ronald Castorina, Jr.
Kamillah M. Hanks
Kevin Barry Love
Judge Ronald Castorina, Jr.
Christopher Ambrose
Special Prosecutor Eric Nelson
Guy Cardinale
The Estate of Charlie Balducci
Oral Argument Before Brooklyn Judge Donald Leo
Frank Report obtained an exclusive copy of recent oral arguments in People v. Luthmann from a protected source:
LISTEN TO THE ORAL ARGUMENT
Frank Report’s source is protected under the Reporter’s Sheild law and New York Civil Rights Law § 79-h.
Nelson Committed Crimes to “Get Luthmann”
Luthmann argued that Staten Island Special District Attorney Eric Nelson committed several crimes in order to “Get Luthmann.” He said that there is a bright-line rule that no matter how bad a person is perceived to be, due process will never allow the “good guys” to commit crimes and serious misconduct in order to obtain a conviction.
“We have a situation where due process principles absolutely bar the invocation of of judicial processes to obtain the plea and to obtain the conviction in this matter,” Luthmann said.
Luthmann points to a “smoking gun” email between Nelson and disbarred federal felon, Perry Reich. The pair committed the felony of Unauthorized Practice of Law and violated a multitude of Appellate Division Rules and Orders.
“Mr. Nelson, the representative of the People, a prosecutor who has heightened ethical duties under Rules of Professional Conduct 3.8 knowingly made disbarred felon Perry Reich a legal advisor to the People of the State of New York. The proof of this comes from Mr. Nelson's own discovery disclosure, an email between him and Mr. Reich that was dated August 12, 2018, while the grand jury was impaneled that came down with the True Bill in this case,” Luthmann said.
On Sun, Aug 12, 2018, 6:45 PM <ericnelsonesq@comcast.net> wrote:
There have been some questions as to the line of First Amendment political satire and what is discussed in the Perkins case. Do I need to explain the law to the GJ?
On Sun, Aug 12, 2018, 8:14 PM, Perry Reich <perry.reich@gmail.com> wrote:
Not in any detail. See people v calbud 49 ny2d 389
On Sun, Aug 12, 2018, 8:43 PM <ericnelsonesq@comcast.net> wrote:
Thank you. I am also going to include a misdemeanor false reporting an incident and stalking on a candidate.
Luthmann’s Plea is Invalid
Luthmann claims his plea and subsequent conviction are constitutionally invalid because they violate the due process clause of the Fifth and Fourteenth Amendments to the U.S. Constitution.
“In Brady v. United States, 397 U.S. 742 at 755. There were three issues that were raised there as exceptions, three categories of activities induced by threats or promises to discontinue improper harassment, misrepresentation, and actions that are by their nature and proper is having no proper relationship to the prosecutor’s business. I would submit that all three of these categories apply to Mr. Nelson's conduct leading up to the plea, specifically in the fact that the crimes were committed related directly to this case,” Luthmann said.
Luthmann says that by brazenly committing crimes, Nelson violated every law and rule that applies to the conduct of prosecutors. Luthmann quoted the U.S. Supreme Court case of Berger v. United States to make his point.
“This is a situation that goes against the prosecutor’s duty, and Your Honor [Judge Donald Leo] was a prosecutor and probably understands the duties of a prosecutor better than most. But the prosecutor, in Berger v. United States 295 U.S 78. The prosecutor ‘is the representative not of an ordinary party to a controversy, but of a sovereignty whose obligation to govern impartially is as compelling as its obligation to govern at all, and whose interest, therefore, in a criminal prosecution is not that it shall win a case, but that justice shall be done. As such, he is in a peculiar and very definite sense the servant of the law, the two-fold aim of which is that guilt shall not escape or innocence suffer. He may prosecute with earnestness and vigor -- indeed, he should do so. But, while he may strike hard blows, he is not at liberty to strike foul ones. It is as much his duty to refrain from improper methods calculated to produce a wrongful conviction as it is to use every legitimate means to bring about a just one,’ ” Luthmann stated for the Court Record.
Luthmann says the conviction, the plea, and the indictment should all be thrown out.
Luthmann Invokes Trump
Next, Luthmann made reference to statements by former President Donald J. Trump. He argued that the issues in the case go to the heart of the integrity of the New York criminal justice system.
“Eric Nelson, the special prosecutor cannot commit crimes to obtain convictions. And the fact is, we have this as a timely issue. We have another individual who was the 45th President United States who is making the same allegations. And the public perceptions of the justice system are already suffering because of the platform that that man has,” Luthmann said.
He continued, “We have situations where prosecutors are committing crimes. And here, the four corners of that email, which Mr. Nelson admitted in his papers was part of the discovery and admits sending the email admits having conversations with Mr. Reich during the time of the grand jury discussing legal strategy.”
“The entire perception of the Justice System is at risk. And the New York Justice System is at risk. It fans the flames of the worst of our devils and not our better angels. For individuals who would say that New York is without justice, that the New York system is a sham. And we do have an individual with a great platform saying these things at this point,” Luthmann said
Luthmann Exposes Nelson’s Perjury, Part 1
Luthmann claims that Nelson was not only dishonest in 2018 when the grand jury was seated, but he has told more lies now to cover up his crimes. Luthmann contends Nelson submitted false affidavits to Justice Marina C. Mundy and Judge Donald Leo, aiming to hide alleged crimes committed by himself, Justice Ronald Castorina, and Disbarred Attorney and federal felon Perry Reich.
“We have a situation where not only were there criminal issues in 2018 in the Grand Jury. Now, in the papers submitted by Mr. Nelson, he has been very dishonest to the Court. He, in black and white, said in paragraph 16 of his affirmation in opposition that he was not engaged in any type of the practice of law with Mr. Reich, which is clearly untrue from the four corners of the email that was sent. And it shows a brazen disrespect for the Appellate Division’s Orders a brazen disrespect for the duties of a prosecutor,” Luthmann said.
Luthmann claims Nelson’s Affirmation in Opposition is larded with perjury.
16. Regarding his claim that the indictment should be dismissed or the Special District Attorney removed, defendant references an e-mail conversation with Mr. Reich, which merely sought interpretation of decisions posed in a hypothetical setting. This had no effect on the Grand Jury, was not presented to the Grand Jury during the presentation. Defendant's claim does not rise to an unauthorized practice of law. The practice of law it embraces the preparation of pleadings and other papers incident to actions and special proceedings and the management of such actions and proceedings on behalf of clients before judges and courts, and in addition conveyancing, the preparation of legal instruments of all kinds, and in general all advice to clients and all action taken for them in matters connected with the law. Thornton on Attorneys at Law, in section 69, defines the practice of law in the same terms. An e-mail communication from an attorney asking a former attorney regarding a question about the meaning of a case cannot be deemed the practice of law and there is no client who Mr. Reich was representing.
Nelson said Reich didn’t have a “client.” In reality, Nelson made Reich’s client the most important one - the People of the State of New York. Luthmann hit the point home:
“He said to the court that ‘They weren't discussing Mr. Luthmann’s case,’ they weren't discussing ‘my case.’ But they clearly were discussing my case. He said in the papers that he wasn't - that was very untruthful,” Luthmann said.
He continued, “There's only one case in the history of the State of New York, but the facts that we have - the political nature of the case, the First Amendment claims, and then also a stalking a candidate - that [Nelson] said he was going to include. And this case was the first of its kind case. It was cited that way and discussed that way in the press by Frank Donnelly of the Staten Island Advance and by others, including the New York Law Journal.”
“On the prosecution, the hypothetical conversation with the former attorney, it was advice, even to the extent that Mr. Nelson says it's not. They weren't discussing the hypothetical case. This was a situation where it was a get him at all costs, get Mr. Luthmann at all costs,” Luthmann said.
Nelson’s Criminality Should Have Been Uncovered Earlier
Luthmann said Nelson’s actions “shock the conscience” and should have been picked up by his attorneys at the time.
“Prosecutors in the State of New York and the representatives of the people have great power, and they can do a great many things. But they cannot commit crimes to obtain convictions. And when they do, they should be held accountable. This situation is one where this plea should not stand because it's predicated upon criminality and activities of the prosecutor that shock the conscience. And that should have been discovered under a Strickland or a Cronic standard by the attorneys that were representing Mr. Luthmann, myself. I had not ever seen any of the materials [prior to release from prison],” Luthmann said.
Luthmann Asks Judge Leo to Act
Luthmann finished his argument by advancing persuasive evidence as to why Judge Leo should act swiftly to punish Eric Nelson, invalidate the conviction and plea, and dismiss the indictment.
“And, in closing, I would say Chief Judge Alex Kaczynski, the late Alex Kaczynski, the jurist for the Ninth Circuit Court of Appeals sitting in California talking about this issue, said, ‘When a public official behaves with such casual disregard for his constitutional obligations and the rights of the accused, that erodes the public's trust in our justice system, and chips away at the foundational premises of the rule of law. When such transgressions are acknowledged yet forgiven by the courts, we endorse and invite their repetition. United States v. Olson. I can give a Westlaw cite 2013 WL 6487376. That's the Ninth Circuit 2013. Mr. Nelson's transgressions were knowing, intentional, and criminal,” Luthmann said.
He continued, “And as Judge Kaczynski said in that case, ‘Only judges can put a stop to it. So I would ask your honor to grant my motion to withdraw the plea agreement. Given the evidence that's clearly been admitted by Mr. Nelson with respect to this email - the smoking gun email of August 12, 2018 - I would ask the Court to dismiss the indictment in its entirety.”
“And I would ask for any further remedial action that the court might have to take with respect to Mr. Nelson and his activities that may want to be reviewed by any particular licensing boards or any particular public protection agencies that are there to protect the people and to protect the rights of criminal defendants and the rights of the public, that he be referred to those authorities as well,” Luthmann said.
Castorina’s Perjury
Frank Parlato covers Ronald Castorina’s perjury, which is just as stark.
Castorina reportedly told a grand jury under penalty of perjury, “I told him — I told him to stop. I told him not to communicate this type of stuff to me. That’s for sure.”
However, Luthmann disputes these claims, arguing their Facebook Messenger exchanges show Castorina found the campaign amusing and never instructed him to cease.
The allegations of perjury could have severe repercussions for Castorina, potentially leading to judicial defrocking, disbarment, and prison.
Luthmann also alleges Castorina attempted to “cover up” his involvement in illegal activities by making baseless claims to the US Probation Office. Nelson, too, is implicated in the accusations, with Luthmann asserting that the special prosecutor was involved in criminal activity during the 2018 indictment in People v. Luthmann where, Luthmann contends, Nelson submitted false affidavits to Justice Marina C. Mundy and Judge Donald Leo, aiming to hide alleged crimes committed by himself, Castorina, and disbarred attorney Reich.
Luthmann accuses Castorina of perjury, and Nelson, as a special prosecutor, knowingly suborn his perjury.
Stay tuned for further analysis in the coming days.
And Merry Christmas to all.
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The truth will prevail