Complaint Review: Judge Marshal T. Jarvis & District Attorney John D. Delehanty
- Judge Marshal T. Jarvis & District Attorney John D. Delehanty
Tupper Lake, New York
- Category: Court Judges
Constitutional Rights violated, Judicial misconduct Judge Marshal T. Jarvis Town of Altamont & Village of Tupper Lake, District Attorney John D. Delehanty above the law *REBUTTAL 6-19-01 *EDitor's comment
*0: EDitor's Comments to the above REBUTTAL: The issue here is that his rights were violated. If he was drunk or not is not the issue.
*0: In response to the REBUTTAL above from email@example.com, a bogus e-mail address
*0: Come on people, lets stop lying ..
*0: Mr Lanthier has created his own problems.
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Commission of Judicial Conduct
38-40 State Street
Albany N.Y. 12207
James L. Lanthier, Jr.
P.O. Box 541
Long Lake, NY 12847-0541
Dear whomever this may concern:
I, James Lanthier Jr., am aggrieved by the following acts of Honorable Marshal T. Jarvis in the Town of Altamont and Village of Tupper Lake, NY. Honorable Jarvis did not play his part as an honest judge and played favoritism toward the police and assistant district attorney. I have been denied my right to a speedy trial which is guaranteed by the sixth and fourteenth amendments to the U.S. constitution. Clearly the people were not ready for trial within 90 days of the commencement of my alleged criminal act as required by CPL section 30.30 (1) (b).
I am a United States Air Force veteran who proudly, truthfully and honestly served my country and was honorably discharged. I am concerned as to why my constitutional rights were violated as citizen and taxpayer of New York State, and the United States.
I was arrested for driving while intoxicated on February 25, 1994. I plead not guilty and hired an attorney. I was scheduled for a suppression hearing on March 23, 1994. On March 21, 1994 I received a letter from the Town of Altamont Justice court indicating recommended sentence and the defendant shall waive his right to a speedy trial pending receipt by the court of certificate of successful completion and the people are ready for trial. This document was never signed.
On March 23, 1994 I plead not guilty and requested a speedy trial at the suppression hearing. At the time my license was stating possible fines, surcharges and jail times if I plead guilty. It also stated, if I lost my probable cause hearing, I may wish to consider accepting this plea so that I can obtain my license after a six month revocation, otherwise I would be without a license until this matter is concluded. If I am found guilty, I will be without a license for another six months.
On April 25, 1994 my notice of motion per CPL Article 255 was submitted at which there was not answering affidavit filed by the people by motion of April 25, 1994.
On June 9, 1994 46 days later, one day late, a response by Andrew G. Schrader states,
"dear Judge Jarvis, enclosed please find the peoples response to demand to product and answering affidavit in this matter. The people remain ready for trial. "Also on June 9, 1994 my attorney stated to Justice Jarvis, "As you know I appeared on June 8, 1994 and appears no answering affidavit has been filed by the people by my motion of April 25, 1994. Would you be so kind as to decide same and schedule this matter for suppression, probable cause, and exclusion hearings as well as trial, as soon as possible ."
On June 16, 1994 I received a letter from my attorney stating, "This cause appears to be going to trial." On this same day my attorney stated to Justice Jarvis, "I received on June 15, 1994 copies of Andrew g. Schrader's cover letter, and people response to demand discovery and answering affidavit. If the court is to accept these documents which appear to be a month late, I hope that it will extend the same courtesy to defense council in the future."
Five months later on November 15, 1994 my attorney wrote a letter to assistant District Attorney John D. Delehanty stating, "As you know Mr. Lantheir has been without a license since March 23, 1994 and the people did not respond until June 9, 1994. To date there has not been a court decision in this matter. I spoke with justice Jarvis on November 14, 1994 and he said that he would schedule this matter for trail next month and any plea bargaining should be completed by that time. As there was essentially no offer made in this matter and given the peoples tardiness in responding to my omnibus motion and the courts failure to decide same, and Mr. Lanthier's loss of license for nearly 8 months, I respectfully request that the people agree to a dismissal of this matter for failure to offer a reasonable reduction."
On November 21, 1994 my attorney stated to Justice Jarvis, "In response to the prosecutors November 17, 1994 letter responding to mine to him of November 15, 1994 I would ask that this matter be dismissed for lack of speedy trial. It has been nine months since the arrest in this matter, 8 months since Mr. Lanthier's license was taken away, the prosecutors reply to the defenses omnibus motion was over a month late and has been about 5 months without the courts decisions on the motion. Further, Mr. Lanthier has been without a drivers license longer than the six months longer than the DWI conviction. Clearly, Mr. Lanthier has been denied his right to a speedy trial which is guaranteed by the sixth and fourteenth amendments of the U.S. Constitution. The prosecution did not supply the state breathalyzer calibration records until July 5, 1994 and the certification of the New York State Police chemical test rules dated June 28, 1994. Clearly the people were not ready for trial within 90 days of the commencement of the criminal action o February 25, 1994 as required by CPL section 30.30 (1) (b). The New York State Court of Appeals has held the primary responsibility for assuring prompt prosecution rests with the prosecutor and the failure in that responsibility unexplained by excuse of justification dictates dismissal of the indictment. People vs. Staley, 1977, 41 NY 2d 789, 396 NYS 2d 33, 364 N.E. 2d 111.
The same court has held that the State initiates criminal prosecution the state has the duty to see that the defendant I promptly brought to trial, and whether the delay in bringing the defendant to trial is an intentional effort to hinder the defense or merely the results of public inattention to the needs of the trail process, the responsibility ultimately rests on the state. People vs. Johnson, 1975, 38 NY 2d 271, 379 NYS 2d 735, 342 N.E. 2d 525. I therefore move pursuant section 170.30(1) (e) that the charges against Mr. Lanthier for want of a speedy trail. I would ask the court to require the people to respond by December 6, 1994 and decide this matter by December 7, 1994. I hereby affirm that I am admitted to practice law before the courts of New York and believe the above to be true by the penalties and have served a copy of this letter on the prosecutor at the address below on this date by placing same in a post-paid envelope in a depository of the United States Postal Service."
On December 1, 1994 my attorney stated to Justice Jarvis, "This in response to the prosecutors November 9, 1994 letter which is presumably in response to mine of November 21, 1994. Therein, the prosecutor offers no explanation as to why it was not ready for trial within three months of the commencement of this case. Consequently, according to the Staley case cited in my November 21, 1994 letter to the court should dismiss the subject charges. Further, it appears that the prosecutor wants the court to schedule trial in this matter even before it has decided the omnibus motions pending herein. Obviously, this would be an error and grounds for an immediate appeal of any conviction herein. Given the prosecutors misdirection of court regarding his need to produce rozario material at the recent felony hearing before Christopher Wells, I urge the court not to reply on the urging of the prosecutor."
On December 20, 1994 I received a phone call from my attorney who stated to me that the court has scheduled trial for December 28, 1994. However, Christmas Eve I received another phone cal from my attorney indicating to me that the court once again is rescheduling my trial date for sometime in January.
At this point I am very disappointed in the delay and lack of communication by the courts. I then resorted to writing a brief letter of my situation to the State of New York Committee of Professional Standards and found out my attorney was doing his job and the courts were at fault for the delay.
During the month of January I overheard of a wrong doing of the trooper that arrested me. Do to all my aggravation and hardship I wrote a reasonable letter to State Trooper Keniston telling him I knew of what he had done in another DWI situation. I asked him if he could possibly speak to DA John d. Delehanty and Judge Jarvis and have my situation fairly taken care of due to this matter.
On January 26, 1995 I received a phone call from Trooper Christopher Keniston. At that time the conversation was being recorded by the Bureau of Criminal Investigation. The conversation on my part was non-threatening and cooperative. Not more than two or three hours later the BCI arrested me for "Coercion" in the first degree, Class E Felony $1500 bail set by Judge Jarvis in Franklin County in the Town of Altamont Courts.
Ironically, I wrote this letter in the hamlet o Long Lake, Hamilton County, where the State Trooper did his wrong doing of letting a drunken driver who was involved in an accident go free with not consequences. Also, there is no accident report on file in concerns with this situation. However, during my conversation with State Trooper Chris Keniston which was recorded on tape and in my possession. I feel I can prove that there was an accident. I am concerned as to why there is no report on the situation. After going to the State Trooper barac, troop B, Headquarters in Ray Brook, NY, I was informed by another trooper there, who the trooper was that was involved in that incident, however, not report filed.
While I was being arraigned in the Town of Altamont Court by Judge Jarvis, he made the remark, "I did not realize you made a retainer fee to your attorney, I thought he was you public defender. I dismiss him from your case due to the conflict of interest and you will now have to find a new attorney and you now have two things to worry about."
I found a new attorney and the courts did as they pleased again and did not listen to her request. She encouraged me to take the charge of DWAI with a minimum fine and a loss of my license for an additional six months. And for the coercion charge, I was facing a four year sentence in prison. I was going to be punished and prosecuted for telling the truth and wanting answers as to why Trooper Keniston can let his friends go free for DWI and charging me with DWI. So I made a plea of, Coercion in the second degree, a class A Misdemeanor, with the promise from judge Main that there would be no jail times or fines. To conclude this letter, the court system made judgment in violation of my constitutional rights, and lacked jurisdiction and dismissed my defense without my permission, making there own laws. I would like an investigation and justice in accordance to these wrong doings against me. I have all paperwork, statements, affidavits and other evidences that my rights were violated. I am very eager to hear from somebody in the concerns of my situation.
James Lanthier Jr.
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Franklin County Prosecutor Jack Delehanty - Saranac Lake Chief of police ''n**i'' Donald Perryman stupidity, abuse of power, corruption Tupper Lake, Saranac Lake, Franklin County Adrondack upstate New York *REBUTTALS ..devoid of any truth *UPDATE 3-28-01
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