Most of you all know that On September 18th 2014 I was charged with Assault 2nd by the Delaware County Sheriff after a prior chain of events that lead to Officer Derek Bowie over week later to return to my home late at night having several officers surround my home as if as though I was a fugitive from justice . It was claimed that I released my vicious dog onto Officer Bowie which he claimed he was bit and that I prevented the course of justice by releasing the dog so that a warrant of arrest for me could not be executed .
I was arraigned in Delaware County Court on Jan 20th 2015 in front of Judge John F Lambert on a one count indictment of Assault 2nd . Some how the Warrant that Bowie had which lead him and his cronies to surround my house on the night I was charged with releasing the vicious dog no longer exists . During my arraignment 4 months after the incident on the arrest that hit the papers with various heading such as Delhi Mom unleashes" PitBull" type dog or Delhi Mom accused of letting dog attack deputy sending me to Jail on 10 k bail I had waived my right to counsel for that the arraignment so that I could know exactly what I was being charged with . Judge asked me a series of questions such as do I have relatives in the area and I said yes Judge asked who are they so I told him , Judge Lambert then made me aware that he was from Ostego County and did not know who my relatives were . So needless to say I said to the Judge I know who you are cause you are on m civil case . Oddly enough shorty after that the Delaware County Insurance Company attorney by the name of Frank Miller filed a motion to vacate a default Judgement I obtained after I filed civil action against Officer Bowie for assaulting me when he originally came to my house on Sept 5th 2014 . On February 11th 2015 a hearing was held on the motion to vacate the default judgement in which I was not present and rightfully so . It appears from the minutes of that hearing that Judge Lambert was honored to meet Frank Miller and granted Miller his motion against Judge Lambert s very same order to show cause .
So Low and Behold on my return Date of the 26th of March I returned with Counsel Prior to my return date the DA sent me two CDS which were the videos of the dash cam from the police cars the night in question for the warrant and the assault charges . However my Omnibus Motion was 6 pages and I asked for numerous things such as hospital reports , pictures , the dog ect..... Only thing provided was the 2 dash came CDS
Ok so back in January I had filed a motion to dismiss my indictment on the criminal matter , I was told on My March 2nd appearance I would receive a answer to that motion within two weeks . Ironically the answer was given to my retained counsel on the 26th and filed same day . Just yesterday my counsel received a copy of the hospital report from Officer Bowie s Dog bite injury That's another issue in its self . OH BOY OH BOY ,,,,,,,, Just wonder why the hospital report was not readily available for me when I asked for it in my motion OK so now I have proved otherwise to Judge Lambert that I have retained counsel .
Now back to my civil matter . I check every day on E-courts to see if there is an update Seems when I checked today there is a filing that states the motion to vacate the default judgement has been decided
WebCivil Supreme - Motion Detail
|Court:||Delaware Civil Supreme|
|Case Name:||BARBARA OSULLIVAN vs. DEREK BOWIE|
|002||DEF||Osc-Vacate Default Judgment||No||Decided: 25-MAR-15|
COUNSL TO SUBMIT NOA AND MISSI
Before Justice: LAMBERT
|001||PLAINT||Default Answer By Defendant, J||No||Open:|
Before Justice: LAMBERT
In the minutes of the hearing where Frank Miller famous word is "Subsequently: he claims that he does not think there has been any prejudice against me .
Subsequently Mr Miller I think you are wrong ! First off you need to get your facts straight
OK so Judge Lambert told me that the civil matter had nothing to do with my criminal matter but according to Mr Miller he says that the two are related and Judge Lambert grants him his motion to vacate the default judgment . Miller's got me indicted on two charges last I knew it was one .But anyway Miller states because Bowie was served by the civil department of the sheriffs department the sheriffs department did not know LOL Brilliant reasoning !
Have a look at how Lambert awards him the motion
Meritorious defense ! Yah !.......I did not know so I did not tell anyone but it came through the sheriff department but no one knew So,Mr Frank Miller came to the rescue , never paying the filing fee and doing as well as saying what ever subsequently he wants ! GRANTED !
Nice Meeting you !
All at the taxpayers expense and nothing prejudiced against me at all ! NONE !!
Stayed tuned on the update of what the dash cam reveals and the wonderful choice of name calling for both my Daughter and I by The Delaware County Sheriff Department , Professionalism at the HIGHEST EXTENT That being :
.... Deputy T Haqq
Deputy Derek Bowie
Deputy Eric Alexander
Sgt / Detective / K9 Officer / Deputy Demeo Yah Yah the finest of them all !
Aided by Dog Warden Allen Alwine executing extreme forced both verbally and physically
Delhi EMS finest Timothy Murray and his wife 911 Dispatcher Michelle Murray , ignoramuses at the fullest extent ...........