Saturday, April 4, 2015

SAGA CONTINUES DURING BLOOD MOON

Ok people for all those who have been following my life events on my blog it seems that during this Blood Moon phase which is a rare event that is happening during both the Christian celebration of Easter and the Jewish celebration of Passover I have been gifted with some real eye opening facts that throw a curve ball to the Saga of my recent life events .
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 .
 Now in the meantime I returned on the 2nd of March for my continued court case  on the assault charges again in front of Judge Lambert  . However, when Mr Miller filed his motion on behalf of Bowie to vacate the default judgment they included reports from my criminal case that had no bearing what so ever on the civil case but this opened an array of issues  When I returned in front of Judge Lambert on the criminal matter I requested for an extension of time to retain counsel  DENIED!  I was told that the civil matter had nothing to do with the Criminal matter which is true but the statements  that were submitted in the Civil matter  where from the criminal charges which made matters even more complicated because of what they contained . I was not only DENIED  an extension of time to retain counsel I was given exactly 4 days to submit an Omnibus motion which for those who don't know about criminal proceedings that is a very important motion that is needed for discovery . Judge Lambert stated that he was denying my request for extension of time because he hears that all the time that a Pro Se litigant is going to retain counsel and they never do  DENIED
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
Index Number:   000911/2014
Case Name:   BARBARA OSULLIVAN vs. DEREK BOWIE
Case Type:   Other
Track:   Standard
Motion Information:
Motion
Number
Date
Filed
Filed
By
Relief SoughtSubmit
Date
Answer
Demanded
StatusDecisionOrder
Signed Date
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 

I have no idea what is meant by what is written in the highlighted caption   Counsl to submit NOA ?   Notice of Appearance ?  You mean the Mr Frank Miller Subsequently failed to file a notice of appearance   Who realized that ? AND  Missi  I assume something is missing  . Ok so the motion was decided How ? Was it granted  or rejected after the fact ???
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 ...........





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