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	<title>Completely Legal &#187; Tim O&#039;Connor</title>
	<atom:link href="http://completelylegal.lohudblogs.com/author/tpoconnor/feed/" rel="self" type="application/rss+xml" />
	<link>http://completelylegal.lohudblogs.com</link>
	<description>Go behind the bench to examine the courts and cases in the Lower Hudson Valley.</description>
	<lastBuildDate>Fri, 20 Nov 2009 22:20:27 +0000</lastBuildDate>
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		<title>Murder conviction already overturned, federal judge orders man freed in drug case</title>
		<link>http://completelylegal.lohudblogs.com/2009/11/20/murder-conviction-already-overturned-federal-judge-orders-man-freed-in-drug-case/</link>
		<comments>http://completelylegal.lohudblogs.com/2009/11/20/murder-conviction-already-overturned-federal-judge-orders-man-freed-in-drug-case/#comments</comments>
		<pubDate>Fri, 20 Nov 2009 17:14:42 +0000</pubDate>
		<dc:creator>Tim O&#39;Connor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://completelylegal.lohudblogs.com/?p=1476</guid>
		<description><![CDATA[	A White Plains federal judge has ordered the release of a New York City man who had served 18 years for a murder conviction that was overturned last week.

	Fernando Bermudez had a 27-month federal sentence waiting at the end of the 23-year state sentence he received for his conviction of second-degree murder in connection to [...]]]></description>
			<content:encoded><![CDATA[	<p>A White Plains federal judge has ordered the release of a New York City man who had served 18 years for a murder conviction that was overturned last week.</p>

	<p>Fernando Bermudez had a 27-month federal sentence waiting at the end of the 23-year state sentence he received for his conviction of second-degree murder in connection to a shooting near a Manhattan club in 1991.</p>

	<p>But a state judge in Manhattan overturned the murder conviction last week, saying one witness lied and others were influenced into pointing the finger at Bermudez, now 40. Not only did the judge toss the conviction &#8211; he threw out the charges, saying Bermudez was innocent of the shooting.</p>

	<p>Bermudez pleaded guilty in the drug case after he had been charged in the killing. The drug charges stemmed from an arrest by agents from the DEA&#8217;s Westchester County Task Force on Feb. 6, 1991, at the Cross County Shopping Center in Yonkers.</p>

	<p>Yesterday, U.S. District Judge Kenneth Karas ordered Bermudez freed on bail until June, 30, 2010, to give his lawyers time to  try and convince the federal Bureau of Prisons that Bermudez has long since served the 27 months in prison as part of the 18 years he wrongly served.</p>

	<p>Read the Associated Press account of  the Bermudez case <a href="http://www.google.com/hostednews/ap/article/ALeqM5jd54v1LKXhhUQ3xdCLWBZT3mdqkQD9BU7N282">here.</a></p>


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		<title>Bharara addresses terrorist trial in NYC</title>
		<link>http://completelylegal.lohudblogs.com/2009/11/17/bharara-addresses-terrorist-trial-in-nyc/</link>
		<comments>http://completelylegal.lohudblogs.com/2009/11/17/bharara-addresses-terrorist-trial-in-nyc/#comments</comments>
		<pubDate>Tue, 17 Nov 2009 22:20:25 +0000</pubDate>
		<dc:creator>Tim O&#39;Connor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[federal prosecutors]]></category>
		<category><![CDATA[Preet Bharara]]></category>
		<category><![CDATA[Sept. 11]]></category>
		<category><![CDATA[terrorism]]></category>

		<guid isPermaLink="false">http://completelylegal.lohudblogs.com/?p=1467</guid>
		<description><![CDATA[	During a news conference in White Plains today to announce the arrests of 37 people in connection with a Westchester County drug ring, U.S. Attorney Preet Bharara was asked about the decision by his bosses at the Justice Department and the White House to bring self-proclaimed Sept. 11 mastermind Khalid Sheikh Mohammed and four other [...]]]></description>
			<content:encoded><![CDATA[	<p>During a news conference in White Plains today to announce the arrests of 37 people in connection with a Westchester County drug ring, U.S. Attorney Preet Bharara was asked about the decision by his bosses at the Justice Department and the White House to bring self-proclaimed Sept. 11 mastermind Khalid Sheikh Mohammed and four other accused terrorists to New York to stand trial in a civilian court.</p>

	<p>&#8220;We&#8217;re honored and proud that the Attorney General is sending the case to the Southern District of New York and we&#8217;ve answered that call,&#8221; Bharara said. &#8220;And our job is to make the best criminal case that we can and that&#8217;s what we do best and that&#8217;s what we&#8217;re going to do.&#8221; </p>


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		<title>Exoneration by social media</title>
		<link>http://completelylegal.lohudblogs.com/2009/11/11/exoneration-by-social-media/</link>
		<comments>http://completelylegal.lohudblogs.com/2009/11/11/exoneration-by-social-media/#comments</comments>
		<pubDate>Wed, 11 Nov 2009 17:32:09 +0000</pubDate>
		<dc:creator>Tim O&#39;Connor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://completelylegal.lohudblogs.com/?p=1451</guid>
		<description><![CDATA[	The Times&#8217; Fort Greene blog has a great story about an NYC teenager who was saved by Facebook. Seems Rodney Bradford was collared for a robbery a few weeks ago in Brooklyn. But he claimed he was nowhere near the scene of the crime at the time. Turns out his alibi was a status update [...]]]></description>
			<content:encoded><![CDATA[	<p>The Times&#8217; Fort Greene blog has a great story about an NYC teenager who was saved by Facebook. Seems Rodney Bradford was collared for a robbery a few weeks ago in Brooklyn. But he claimed he was nowhere near the scene of the crime at the time. Turns out his alibi was a status update he posted on Facebook at the time of the robbery. After issuing subpoena to Facebook and verifying that Bradford posted his update from his father&#8217;s apartment in Harlem, Brooklyn prosecutors dropped the charges. Read the entire account <a href="http://fort-greene.blogs.nytimes.com/2009/11/11/his-facebook-status-now-charges-dropped/">here.</a></p>


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		<title>Insider trading, Act II</title>
		<link>http://completelylegal.lohudblogs.com/2009/11/05/insider-trading-act-ii/</link>
		<comments>http://completelylegal.lohudblogs.com/2009/11/05/insider-trading-act-ii/#comments</comments>
		<pubDate>Thu, 05 Nov 2009 20:09:34 +0000</pubDate>
		<dc:creator>Tim O&#39;Connor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://completelylegal.lohudblogs.com/?p=1426</guid>
		<description><![CDATA[	For the second time in three weeks, U.S. Attorney Preet Bharara held a press conference to announce the filing of charges against several Wall Street execs in an ongoing investigation into insider trading on the street.

	And once again, the feds&#8217; have charged a Westchester man in connection with the alleged schemes.

	Michael Kimelman, 38,  of Larchmont, [...]]]></description>
			<content:encoded><![CDATA[	<p>For the second time in three weeks, U.S. Attorney Preet Bharara held a press conference to announce the filing of charges against several Wall Street execs in an ongoing investigation into insider trading on the street.</p>

	<p>And once again, the feds&#8217; have charged a Westchester man in connection with the alleged schemes.</p>

	<p>Michael Kimelman, 38,  of Larchmont, who founded Incremental Capital, was accused of  securities fraud and conspiracy in one of  eight criminal complaints and felony information documents that were announced today. Kimelman was arrested by FBI agents at his home this morning.</p>

	<p>The first shoe in the case dropped Oct. 16 when Bharara  announced the arrests of  six executives in connection with a $20 million insider trading case. Among those charged was Mark Kurland of Mount Kisco. The former president of a hedge fund company was charged along with one of the wealthiest men in the world, Raj Rajaratnam and now-former IBM executive Robert Moffat in the case.</p>

	<p>This latest case was built on informants, wiretaps and intercepted phone calls &#8212; the staples of drug, organized crime, and anti-terrorism cases. It used to be that white collar cases were painstakingly built on reams of documents. That looks like it&#8217;s changing under Bharara as the feds appear willing to employ more aggressive tactics in rooting out white collar corruption.</p>

	<p>Read the release from Bharara&#8217;s office <a href="http://completelylegal.lohudblogs.com/files/2009/11/Insider-Trading-II-PR1.pdf">here.</a></p>


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		<title>Still in the game</title>
		<link>http://completelylegal.lohudblogs.com/2009/11/04/still-in-the-game/</link>
		<comments>http://completelylegal.lohudblogs.com/2009/11/04/still-in-the-game/#comments</comments>
		<pubDate>Wed, 04 Nov 2009 18:01:16 +0000</pubDate>
		<dc:creator>Tim O&#39;Connor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[Bronx]]></category>
		<category><![CDATA[DEA]]></category>
		<category><![CDATA[federal]]></category>
		<category><![CDATA[Preet Bharara]]></category>
		<category><![CDATA[The Wire]]></category>
		<category><![CDATA[U.S. attorney]]></category>

		<guid isPermaLink="false">http://completelylegal.lohudblogs.com/?p=1416</guid>
		<description><![CDATA[	A common refrain about federal law enforcement post-9/11 is that the feds are no longer in the business of fighting the illegal drug trade. It was repeated several times on the greatest television show ever &#8212; &#8220;The Wire.&#8221;  Anti-terrorism and the Wall Street meltdown with its associated financial scandals may indeed have focused the feds&#8217; [...]]]></description>
			<content:encoded><![CDATA[	<p>A common refrain about federal law enforcement post-9/11 is that the feds are no longer in the business of fighting the illegal drug trade. It was repeated several times on the greatest television show ever &#8212; &#8220;The Wire.&#8221;  Anti-terrorism and the Wall Street meltdown with its associated financial scandals may indeed have focused the feds&#8217; resources elsewhere. But that  doesn&#8217;t mean federal agents and prosecutors aren&#8217;t still in the game.</p>

	<p>Just ask the 53 Bronx residents charged in six sweeping federal indictments aimed at the crack and heroin trade in two Bronx housing projects. Some 450 federal agents and New York City cops descended upon the Morrisania section of the Bronx this morning to corral more than three dozen of the accused. And the feds used all the weapons at their disposal in the investigation &#8212;wiretaps, informants, undercover officers &#8212; to build the case that resulted in the execution of 22 search warrants this morning and the seizure of $18,000, four guns, and 1000 bags of heroin.</p>

	<p>U.S. Attorney Preet Bharara called a press conference to announce the arrests, the third such news event since he was sworn in last month. The first two were connected to white collar cases.  Read the release issued by Bharara&#8217;s office <a href="http://completelylegal.lohudblogs.com/files/2009/11/Operation-Rotten-Apple-PR.pdf">here.</a></p>


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		<title>Blink and you&#8217;ll miss it</title>
		<link>http://completelylegal.lohudblogs.com/2009/10/29/blink-and-youll-miss-it/</link>
		<comments>http://completelylegal.lohudblogs.com/2009/10/29/blink-and-youll-miss-it/#comments</comments>
		<pubDate>Thu, 29 Oct 2009 18:14:59 +0000</pubDate>
		<dc:creator>Tim O&#39;Connor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://completelylegal.lohudblogs.com/?p=1389</guid>
		<description><![CDATA[	There are hearings in federal court that go on for hours and hours. Yes, I&#8217;m looking at you, Bernie-Kerik&#8217;s-nearly-four-hour-bail-revocation hearing.

	And then there are those hearings whose length is best measured in seconds. Such is the case with today&#8217;s 240-second  appearance by Pelham Middle School teacher Gregg Cavaluzzi, nabbed by Westchester County police on May 31 [...]]]></description>
			<content:encoded><![CDATA[	<p>There are hearings in federal court that go on for hours and hours. Yes, I&#8217;m looking at you, Bernie-Kerik&#8217;s-nearly-four-hour-bail-revocation hearing.</p>

	<p>And then there are those hearings whose length is best measured in seconds. Such is the case with today&#8217;s 240-second  appearance by Pelham Middle School teacher Gregg Cavaluzzi, nabbed by Westchester County police on May 31 in an Internet sex sting after he allegedly showed up in Elmsford to meet what he thought was a 15-year-old girl he had been chatting to first on the Internet and then on the phone. She turned out to be an undercover detective. Cavaluzzi, who had tendered his resignation from the school district prior to his arrest, was fired after he was charged.</p>

	<p>Cavaluzzi&#8217;s lawyer, Clinton Calhoun and Assistant U.S. Attorney Kathryn Martin are in plea discussions in the case and asked today for another 30 days to continue those talks. U.S. District Judge Kenneth Karas put the case down for a Nov. 30 hearing.</p>

	<p>Then Cavaluzzi was led out by deputy U.S. marshals and back to the Westchester County Jail.</p>


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		<title>Schubert hearing re-skedded</title>
		<link>http://completelylegal.lohudblogs.com/2009/10/28/schubert-hearing-re-skedded/</link>
		<comments>http://completelylegal.lohudblogs.com/2009/10/28/schubert-hearing-re-skedded/#comments</comments>
		<pubDate>Wed, 28 Oct 2009 19:54:53 +0000</pubDate>
		<dc:creator>Tim O&#39;Connor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[federal court]]></category>
		<category><![CDATA[federal lawsuit]]></category>
		<category><![CDATA[Kenneth Karas]]></category>
		<category><![CDATA[Rye]]></category>
		<category><![CDATA[wetlands]]></category>

		<guid isPermaLink="false">http://completelylegal.lohudblogs.com/?p=1372</guid>
		<description><![CDATA[	Lawyers for a World War II veteran will be in court Dec. 8 for a hearing in the $5 million federal lawsuit that claims the City of Rye violated the man&#8217;s civil rights in an ongoing battle over a neighbor&#8217;s drainage system. The case had been scheduled for a pre-motion conference on Dec. 2.

	Bob Schubert, [...]]]></description>
			<content:encoded><![CDATA[	<p>Lawyers for a World War II veteran will be in court Dec. 8 for a hearing in the $5 million federal lawsuit that claims the City of Rye violated the man&#8217;s civil rights in an ongoing battle over a neighbor&#8217;s drainage system. The case had been scheduled for a pre-motion conference on Dec. 2.</p>

	<p>Bob Schubert, 86, says in his suit the city failed to make sure his neighbor got proper permits before installing the system. Schubert says the drainage system dried up his 20,000-gallon pond. The suit claims the city inflicted emotional distress as well as shock and emotional scarring in addition to depriving him property, privacy and speech.</p>

	<p>The battle over Schubert&#8217;s dried up pond grew in intensity when former City Manager Paul Shew sent a mental health team from Westchester Medical Center to Schubert&#8217;s home saying he was worried about Schubert&#8217;s health.</p>


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		<title>Post postponed.</title>
		<link>http://completelylegal.lohudblogs.com/2009/10/28/post-postponed/</link>
		<comments>http://completelylegal.lohudblogs.com/2009/10/28/post-postponed/#comments</comments>
		<pubDate>Wed, 28 Oct 2009 18:37:16 +0000</pubDate>
		<dc:creator>Tim O&#39;Connor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[federal court]]></category>
		<category><![CDATA[fraud]]></category>
		<category><![CDATA[Kenneth Karas]]></category>
		<category><![CDATA[Mount Vernon]]></category>
		<category><![CDATA[public corruption]]></category>

		<guid isPermaLink="false">http://completelylegal.lohudblogs.com/?p=1367</guid>
		<description><![CDATA[	The sentencing of former Mount Vernon Planning Commissioner Constance &#8220;Gerrie&#8221; Post and her businessman boyfriend Wayne Charles has been pushed off again. Both Post and Charles have new lawyers. Post has retained Clinton &#8220;Chip&#8221; Calhoun and Charles has hired Richard Willstatter. Post was represented by Andy Rubin and Ken Saltzman at her trial in March [...]]]></description>
			<content:encoded><![CDATA[	<p>The sentencing of former Mount Vernon Planning Commissioner Constance &#8220;Gerrie&#8221; Post and her businessman boyfriend Wayne Charles has been pushed off again. Both Post and Charles have new lawyers. Post has retained Clinton &#8220;Chip&#8221; Calhoun and Charles has hired Richard Willstatter. Post was represented by Andy Rubin and Ken Saltzman at her trial in March year where she was convicted of illegally conspiring with Charles to steer more than $2.3 million in municipal contracts and federal funds to his businesses. Charles was represented by Richard Ware Levitt.</p>

	<p>U.S. District Judge Kenneth Karas has retained the Nov. 12 court date for the case, but not for sentencing. There will be a hearing that day to determine if Calhoun is barred by conflicts from representing Post. His law partner, Kerry Lawrence, represented John Cavallaro, a lawyer who worked for the city and testified for the prosecution at Post and Charles&#8217; trial.</p>

	<p>No new sentencing date has been set. Post and Charles each face a maximum of 20 years in prison.</p>


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		<title>Kerik hearing cancelled</title>
		<link>http://completelylegal.lohudblogs.com/2009/10/27/kerik-hearing-cancelled/</link>
		<comments>http://completelylegal.lohudblogs.com/2009/10/27/kerik-hearing-cancelled/#comments</comments>
		<pubDate>Tue, 27 Oct 2009 21:14:30 +0000</pubDate>
		<dc:creator>Tim O&#39;Connor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>

		<guid isPermaLink="false">http://completelylegal.lohudblogs.com/?p=1363</guid>
		<description><![CDATA[	Bernie Kerik&#8217;s hearing in federal court in White Plains was cancelled by Judge Stephen C. Robinson at the last minute today. Kerik was in the U.S. Marshals&#8217; holding cells in the basement of the building where he huddled for more than an hour with his lawyers, Barry Berke and Michael Bachner. Neither Kerik&#8217;s lawyers nor [...]]]></description>
			<content:encoded><![CDATA[	<p>Bernie Kerik&#8217;s hearing in federal court in White Plains was cancelled by Judge Stephen C. Robinson at the last minute today. Kerik was in the U.S. Marshals&#8217; holding cells in the basement of the building where he huddled for more than an hour with his lawyers, Barry Berke and Michael Bachner. Neither Kerik&#8217;s lawyers nor a spokesman for the U.S. attorney&#8217;s office knew why the hearing was adjourned. The judge&#8217;s courtroom deputy also did not give a reason for the cancellation.</p>

	<p>Kerik was not given a new date in White Plains. But his lawyers will be before a federal appeals panel in Manhattan tomorrow to argue for his release from Westchester County Jail. Robinson ordered Kerik jailed after ruling he had violated a court order by leaking confidential documents turned over to the defense by federal prosecutors.</p>

	<p>Kerik&#8217;s trial on public corruption charges is still scheduled for Nov. 9. But that, of course, is subject to change. His trial date has been postponed twice in the last month.</p>


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		<title>Hearing set in Zherka suit vs. Manhattan ADA</title>
		<link>http://completelylegal.lohudblogs.com/2009/10/27/hearing-set-in-zherka-suit-vs-manhattan-ada/</link>
		<comments>http://completelylegal.lohudblogs.com/2009/10/27/hearing-set-in-zherka-suit-vs-manhattan-ada/#comments</comments>
		<pubDate>Tue, 27 Oct 2009 18:38:48 +0000</pubDate>
		<dc:creator>Tim O&#39;Connor</dc:creator>
				<category><![CDATA[Uncategorized]]></category>
		<category><![CDATA[federal court]]></category>
		<category><![CDATA[Janet DiFiore]]></category>
		<category><![CDATA[lawsuit]]></category>
		<category><![CDATA[Sam Zherka]]></category>
		<category><![CDATA[strip club]]></category>

		<guid isPermaLink="false">http://completelylegal.lohudblogs.com/?p=1353</guid>
		<description><![CDATA[	U.S. District Judge Cathy Seibel has set a hearing date of Nov. 20 in newspaper publisher/strip club owner Sam Zherka&#8217;s lawsuit against a Manhattan assistant district attorney named Matthew Bogdanos on motions to dismiss the lawsuit. Zherka claims that Bogdanos launched a criminal probe of the owner of the Westchester Guardian at the behest of [...]]]></description>
			<content:encoded><![CDATA[	<p>U.S. District Judge Cathy Seibel has set a hearing date of Nov. 20 in newspaper publisher/strip club owner Sam Zherka&#8217;s lawsuit against a Manhattan assistant district attorney named Matthew Bogdanos on motions to dismiss the lawsuit. Zherka claims that Bogdanos launched a criminal probe of the owner of the Westchester Guardian at the behest of Westchester District Attorney Janet DiFiore because of unflattering pieces about DiFiore and her husband Dennis Glazer that were published in the paper. Bogadanos denies the claim as have DiFiore and her husband.</p>

	<p>Bogdanos claims in court papers filed in federal court in White Plains that he has never met DiFiore or Glazer. But Dhyalma Vazquez, secretary of Westchester&#8217;s Independence Party, said in a sworn affidavit that she met Bogdanos at DiFiore&#8217;s house during a campaign event during her first campaign for district attorney in 2005. DiFiore, Glazer, and Bogdanos have all submitted sworn affidavits saying that&#8217;s a lie.</p>

	<p>What&#8217;s not a lie is that there was a criminal probe by the Manhattan district attorney&#8217;s office in 2006 connected to Zherka. Bogdanos has submitted court papers regarding wiretaps approved by a state court for three numbers connected to Zherka, his business, and a business associate named Genaro Morales in the spring of 2006.</p>

	<p>No criminal charges have ever filed against Zherka, who lives in Katonah, in connection with that probe.</p>


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