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By now, most of you are familiar with the type of news coverage and investigative journalism that The North Country Gazette provides. However, it doesn't come without risk or repercussions and it is in peril.
Due to the threat of imminent false incarceration as the result of falsified records and statements made by the Warren County Sheriff and filed with the court, I am in need of an experienced criminal attorney as well as civil attorney.
The actions of the sheriff, Larry J. Cleveland, come three years after the matter was closed. His filing with the court to cause my unlawful imprisonment came three days after I was advised a state investigation had been opened of Cleveland on my complaint.
Cleveland and others, especially judges, don't like it when I file my documented complaints because then they have to explain themselves. Just like the NYS Oaths Project when I found that over 90% of the judges and sheriffs-including Cleveland--hadn't complied with the law and had legally vacated the office, just like the complaints with the NYS Commission on Judicial Conduct which caused the removal of two town justices, forced the retirement of several others and resulted in the private sanctions of others.
By bringing his false charges against me and reemphasizing them at this particular time, Cleveland tries to shift the focus from him to me.
A legal defense fund has been established and donations to the fund may be made through the Paypal button on this site or by contacting me at news@northcountrygazette.org. I regret having to do this but I am in desperate need of experienced, competent legal representation in order to meet and defeat the falsified documents being presented to the court by Warren County Sheriff Larry Cleveland. I am also seeking an attorney and request attorneys who would be interested in representing me in either the criminal and/or civil action to contact me. Should somehow an incarceration occur, an immediate habeas corpus would need to be filed.
Last week, I received by regular mail a "Notice To Appear" in Warren County Court on Feb. 8 to surrender for incarceration on a charge brought by Sheriff Larry Cleveland himself and his companion, John Shine in their "official capacities". Cleveland is claiming that I have 100 days remaining to serve on a sentence from 2000. That is wholly untrue.
The order was issued by Warren County Court Judge John S. Hall who has no jurisdiction in the matter. It has never been assigned to him and he wasn't even a judge at the time of the initial charges. Needless to say, it stunned me as I have no outstanding charges or sentences.
John S. Hall is the same judge who revoked my father's living will and health care proxy without cause last September. He's the same judge who refused last spring to dismiss the then seven year old charges against me even though the People refused to prosecute because the claims were unconstitutional and legally insufficient. He's the same judge who has caused untold thousands of tax dollars to be spent trying to force me to retrial on unconstitutional charges which ultimately were dismissed by another judge in December.
Larry Cleveland has adopted an unconstitutional policy that precludes me from filing a complaint and he had blocked me for months in 1998 from filing a valid and totally documented harassment complaint against several individuals. He then arrested me and continued to refuse to allow me to file a complaint. During the fall of 1998, Cleveland was contacted by an attorney representing me and told that legally he had to allow me to file a complaint and allow the matter to be heard in court. He refused. The attorney advised me to file my complaint directly with the court. I did. Cleveland and Shine immediately filed complaints against me without investigation, within even interviewing me, declaring that my complaints were false. Thereafter, I was prosecuted to the max. It was later proven that an indictment had been procured by fraud, with two of the complainants giving provable perjured testimony and that the Queensbury court clerk, Carol Finamore, had not only given perjured testimony but had submitted for filing for the purpose of causing my arrest three false written instruments. This was proven at trial. However, no mistrial was declared. County officials refused to allow any charges to be brought against the court clerk or the complainants despite uncontroverted evidence that false documents had been filed in order to bring the charges against me and that false testimony was given in order to sustain those charges and eventually obtain a conviction by fraudulent means on totally legally insufficient charges.
I appealed the conviction and numerous grounds were raised including the fraud, police, prosecutorial and judicial misconduct. During oral argument, the appellate judges told my court-appointed attorney that "judges aren't biased, how dare you say they are". She was later taken aside by the law clerk and told never to raise the issue of judicial misconduct again or she would not be allowed to practice in that court because claims of judicial misconduct make the judges mad.
I believe based on the dismissal of the other charges against me and based on the now known false certifications that Cleveland has caused to have filed that sufficient grounds exists to reopen the case and I have asked the Governor's office, the state Commission of Investigation and several other agencies to do so.
Obviously my appeal was denied. The Court of Appeals refused to hear the case. On Jan. 23, 2003----three years ago---state Supreme Court Judge Richard Aulisi issued a surrender order clearly stating the charges, the sentence, the dates and I was ordered to surrender to the Warren County Jail on Feb. 7, 2003 to finish serving the term. That order is a public document and was filed with Cleveland and I have proof of that.
I have produced the surrender order which proves beyond any doubt that Cleveland filed a false statement with the court on Jan. 12 when he ordered my incarceration, claiming that I had not been incarcerated since Aug. 2000. Additionally, I was forced to serve another 17 days in Saratoga County Jail between Dec. 19, 2000 and Jan. 4, 2001.
Multiple witnesses are in the process of filing sworn affidavits with the court on my behalf.
I entered the jail on Feb. 7, 2003, having already served 97 days of the six month term (180 day) term and Cleveland quickly appeared for my admission and obviously has personal knowledge of my 2003 incarceration. My time was then calculated and an "out date" given when I would be released after satisfying the full sentence. That date was April 30, 2003 after I had served the entire 180 days. There were no other convictions, no other sentence. All other charges against me have been dismissed.
I learned Wednesday that Cleveland has allegedly filed more false records with the court in an attempt to try to justify the first false documents, once he learned that I had requested an immediate investigation into his filing of false certifications with the court and have requested that charges be brought against him.
On Wednesday, I was successful in contacting the corrections sergeant, now retired, who had prepared the paperwork in my case in 2003, who will attest that the entries in the "Expiration Book" which records admissions and releases, will show that I fully served the sentence imposed. He has stated that he will testify on my behalf. Additionally, he was also present the night I was released and recalls events of that evening and other people present as well as the pertinent paperwork.
Thus far, although requested by both the court and myself to produce copies of records, Cleveland has failed to do so. I am in need of legal representation to immediately prepare subpoenas for records and witnesses as well as an order to produce to be served on Cleveland, ordering him to produce certain records. Additionally, I will be requesting that Cleveland and his "corrections captain" who signed the original false certification be forced to testify under oath at hearing before a jurisdictional court.
I would ask that you put Feb. 8 aside to attend court that day if Warren County persists with this and that you participate in a peaceful public protest of Cleveland's abuse of office and Hall's abuse of the bench. No hearing was held before Hall ordered my incarceration based solely on Cleveland's ex parte communication with the court and without a prosecutor as the former prosecutor in the case was removed by court order when he became a judge. The district attorney's office cannot be involved in the matter as the first assistant district attorney, Jason Carusone, formerly represented me in the case and has stated on the court record that the charges were legally insufficient and unconstitutional, just like the other ones that Cleveland brought against me.
Cleveland has a lot of motive to abuse his position to falsely incarcerate me at this particular time which would effectively shut down The North Country Gazette.
--North Country Gazette was the ONLY news media to report the audit report of the State Comptroller's Office detailing Cleveland's mishandling of public monies including bail monies and inmate telephone commissions
--The Investigative division of state Comptroller's Report is reviewing Cleveland's alleged disposal of taxpayer owned equipment and furnishings without authority based on my published reports in The North Country Gazette and other additional information
--The North Country Gazette's Exclusive Report regarding Marine Division supervisor Lt. Robert Smith's DWI fatal accident and relevance to the Ethan Allen tragedy
-- The trial set in mid-February between Cleveland and Maxam on Maxam's claim against Cleveland for the filing of false records, fraud and his refusal to comply with state Freedom of Information Law. Obviously if Cleveland is successful in incarcerating me, there would be no trial
--Maxam's claim against the Town of Chester and town bookkeeper and supervisor's secretary Bruce Nolin for alleged use of town computer and taxpayer funds to post defamatory and libelous postings during business hours including commenting on internet forums on oral sex.
It's a scary situation knowing that those in power can manipulate the records, can file false documents, can cause the false arrest and incarceration of their critics. It's their way of trying to quell the public and stifle them---keep them in submission. If it can happen to me, it can happen to you. And if my voice is stilled, so is yours and so is The North Country Gazette.
Thank you for your consideration. The PayPal button is located at the top upper left of the home page. June Maxam, Publisher, The North Country Gazette 1-25-06
© 2005 North
Country Gazette
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