I told you it was going to be a long story.
Fast forward from there about seven months, to October of 2007. I come across the archived news report that Todd Gaddy had been arrested back in December of 2006. For some reason, not only does this make me really mad because they were just brazenly tampering with and intimidating my witnesses, but it also starts me thinking back to what else had happened around December of ‘06: the letters that had come to Sephora’s parents’ house from Paige and Theriault indicating that they had been questioned; the arrest of Gaddy; the dismissal of the prohibition proceeding. And then the odd placement in the letter of caution I got in March, referring to the Grievance Committee having closed its investigation of Moran after discussing the dismissal of the proceeding in the Appellate Division.
I knew that the Grievance Committee could be directed to conduct an investigation by a referral from the Appellate Division, so I asked myself as I sat there months later, in the fall of 2007 looking at that archived news report of Gaddy’s arrest: was it possible that such a referral was made, while my prohibition proceeding was still pending, and the Grievance Committee “investigated” and then closed the so-called investigation without ever contacting me? Me, who had been investigating the matter for two years and knew everything about it? Me, who had witnesses lined up that I hadn’t even identified in court papers and nobody else knew about? Me, who – unlike the morons at the Grievance Committee – actually knew legal type stuff, such as that Grand Jury proceedings are conducted in secret?
It seemed inconceivable to me that they could be that stupid and careless and biased. Or worse. And that’s when things started to get downright scary, even in Rochester.
In any case, under this scenario the incompetent Grievance Committee and their investigators went around “in secret” – although it is important to realize that the guilty law enforcement officials would certainly hear about it through their hyper-active small town cop grape vine, so effectively the only relevant person from whom it was really being kept secret was me, and of course I am the only one it should not have been kept secret from – and talked to witnesses they would never have known about except that I had identified them in court papers – like Gaddy; and others who had already been tampered with and intimidated by the local police – like Paige – and at least one witness I had interviewed but never used – Shaun Theriault. And it was in response to their bungled investigation that Gaddy was arrested. And I was sure they didn’t know about that arrest either because they are too stupid or indifferent to care, and because they clearly don’t want to do anything about rogue prosecutors anyway.
And what’s far worse is that also, under this scenario, the Appellate Division had really punted to the Grievance Committee and based their “mootness” dismissal of my proceeding on the Grievance Committee’s supposed “inability” to substantiate the prosecutor misconduct in the matter, which under the circumstances was a little like an “inability” to notice that something was amiss in lower Manhattan on September 11, 2001.
In other words, the Appellate Division sought and considered extra-judicial evidence – that is, evidence from outside the proceeding itself – in making its determination, and kept that whole process secret from the actual lawyers involved – notably me.
I have rarely been so livid.
And of course right around then in October of 2007 as I was figuring all this out the US Supreme Court denies the Petition for Certiorari I had filed earlier. Not that I was expecting them to grant it, but it just adds to everything, you know?
To be continued again….