Thursday, November 11, 2010

Walsh 2

Bob La Trémouille reports.

1. General.
2. Detailed communication.
3. Citation.

1. General.

Not surprisingly, my op ed concerning William Walsh has received an anonymous response which got printed and which impugns my integrity.

You will recall that a significant part of the op ed was omitted. I attempted to at least get my final praise for Walsh printed. There have been no elaborations in response to my request.

2. Detailed communication.

I have just, on November 11, 2010, sent the following to the Editor of the Cambridge Chronicle.

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Editor
Cambridge Chronicle

In the Chronicle of November 11, 2010, you published an unsigned statement calling me a liar and stating that nobody in William Walsh’s office other than Walsh was convicted of crimes in association with Walsh’s jailing.

This anonymous statement very clearly communicated that there were no ethical problems in the Walsh Law Office other than with Walsh. My recollection is that there were at least two other convictions, both lawyers. I in now way ascribed the deficiencies of these people to every member of the Walsh law office at the time.

The following is taken from a judicial opinion concerning Walsh. I am providing documentation of one conviction because that is adequate to refute the claim of no convictions and no other ethical problems.

I am directly copying and pasting. I have omitted irrelevant procedural words in the beginning of the opinion and the opinion before paragraph 34 and after paragraph 37.

Please note that Schwartz is described as a senior attorney in the Walsh office, one of several codefendants with Walsh, who pleaded guilty and testified against Walsh. According to the judge’s findings, another co-defendant who plead guilty testified as to directions from Walsh which rather clearly describes directions to members of his office.


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United States of America, Appellee, v. William H. Walsh, Defendant, Appellant
United States Court of Appeals, First Circuit. - 75 F.3d 1
Heard Oct. 3, 1995.Decided Jan. 23, 1996

Opinion of BOUDIN, Circuit Judge.

34
Walsh's brief raises two further issues, both unrelated to juror X. The first claim relates to the government's admitted failure to turn over certain documents in a timely fashion. The documents related to Frances Schwartz, a senior attorney working for Walsh who was assigned to the three development projects involved in this case. Schwartz was indicted with Walsh and was one of the co-defendants who pled guilty to the conspiracy count and testified against Walsh at trial.

35
On direct examination, Schwartz gave damaging testimony against Walsh. In addition to identifying a number of documents and describing the operations of Walsh's office, Schwartz testified to discussions and correspondence with Walsh that--as recounted and interpreted by Schwartz--confirmed Walsh's knowing participation in and direction of the fraud. Schwartz' testimony was thus quite damaging, although another co-defendant who pled guilty also testified that Walsh knowingly directed the concealment of the secondary financing.

36
Early in her cross-examination, Schwartz mentioned that she had "daytimers" or calendars that she had used to refresh her recollection. Later, on re-cross, she mentioned that she had allowed the government to review the daytimers and make copies of them. The defense immediately objected that it had never received the daytimers. The government said that these daytimers should have been disclosed earlier but had been overlooked when other materials from Schwartz had been made available to Walsh's counsel. Copies of the daytimers were provided to the defendant later that day.

37
Following a timely motion by Walsh to dismiss the case because of this delay, the trial court denied the motion, finding that Walsh's strategy would not have been substantially different if the daytimers had been disclosed earlier. The court instructed the jury that the government had failed in its discovery obligation, and it allowed Walsh to recall Schwartz to continue her examination, using the daytimers to try to establish inconsistencies between Schwartz' prior testimony and the daytimers. Walsh now complains that this was inadequate.

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Now, please, you omitted the end of my OpEd, which very strongly watered down my problems with Walsh and said that, as a member of the Cambridge government, I commend Walsh and condemn the current incumbents. As a public person, Walsh’s ethics were impeccable.

My position is that I am deeply familiar with the shortcomings of William Walsh in his private life, but as far as public life goes, I prefer Walsh by a wide margin to the current city council.

Would you please correct your omission in some manner.

Thank you.

3. Citation.

I sent the following not long later as a second communication.

******

Editor
Cambridge Chronicle

The quote I just gave you came from: http://cases.justia.com/us-court-of-appeals/F3/75/1/475186/.

A Visit to the Goose Ghetto

Bob La Trémouille reports.

1. Report.
2. Ellen Schloss comments.
3. Response to Ellen.

1. Report.

Yesterday, November 10, I showed an interested person the situation with regard to the Charles River White Geese.

A lot of them were huddled under the tree where they had been hiding on the day their nesting area was destroyed. It was definitely not a spirited group.

They wandered under the trees in the mud left from the state’s destruction of ground vegetation.

Many more than usually would be were at the top of the hill toward the Grand Junction railroad tracks. This area has been unused in the past except during nesting. The ganders go up there to strut for the hens.

But there is no place else.

Another visitor produced a large plastic bag full of goodies for the Charles River White Geese. He said that local markets are quite helpful.

I have been aware of past contributions by Trader Joe’s, by the Coop in Central Square and by the wet shelter up the Grand Junction. They are good people in the world of a bad city government.

The actual numbers of the gaggle, not doing a count, would appear to be less than in the past. That is not at all surprising considering the heartless cruelty being inflicted on them.

Work, including permanent work has been done at the entrance toward the Memorial Drive / BU Bridge rotary.

This entrance was illegally created by BU and the DCR in 1999 as part of that outrage. Fencing which had kept the area wild and safe was torn open and access stairs and a ramp installed, here and a wooden stair with metal rail at the eastern end.

Marilyn Wellons had a meeting with the State Senator at that time. She complained about the destruction and mentioned that fencing had been left. She intended and wished that the fencing be put back where it had been. In front of her, the state senator got on the phone and promised that the situation would be corrected. The fencing was promptly removed.

The work commenced in 1999 with construction equipment entering the nesting area the morning BEFORE a scheduled Cambridge Conservation Committee meeting on the work. It was completed before the first day on which it could legally commence.

Boston University denied doing the 1999 work for something like six months, until the Cambridge Conservation Commission condemned them for it. Then BU started bragging about the destruction and blamed their President’s secretary for the false denials.

The work I saw yesterday was as follows:

The 1999 stair case at the rotary was barely visible, buried and hidden in construction access. The ramp created then had been totally obscured with a dirt roadway.

The sidewalk at the rotary has been widened, space taken from the roadway. The widening ends a few feet onto the on ramp so that there is a bump out at the rotary.

2. Ellen Schloss comments.

Geez Bob these Cambridge officials really suck don’t they? When will they be replaced with people that have hearts?

3. Response to Ellen.

The big problem with Cambridge officials and the state officials with whom they are in bed is that the Cambridge pols do such effective lying about themselves.

Among other things, they loudly lie that they are pro environment and fool people into thinking they would never stoop so low.

The technique is to brag about things which have next to no value and frequently are really in the wrong direction while keeping the outrages as quiet as possible.

This is combined with massive organizations, especially supposed interest groups created in concert with the City Manager’s people. These supposed interest groups give a commonly false impression that they are independent of the city. The groups normally squelch meaningful activists as much as they can, and keep quiet the outrages while publicizing the city’s “beneficial” activities.

It is a house of cards. A lot of people involved in keeping a concerned public down.

The outrage on the Charles is one of the very major weaknesses.

The fact that the City Manager should be fired in response to the decision of judge and jury in the Monteiro case is another major weakness.

The numbers are highly distressing. The only member of the city council who, in my opinion, has possible redeeming attributes is Mr. Cheung. A very major factor in this is that he has not been around long enough to earn a negative feeling. His vote on the sign changes was definitely not encouraging.