Lawyers for James Vincent Bonanno and Vincent James Bonanno filed a verified reply to counter claims I filed against them after they filed their absurd defamation lawsuit against me. The lawyers also sent along various trials demands. Yawn.
If you want a good laugh, you can download a copy here.
I am not going to bother intruding on the last weekend of summer by looking at it too closely but they want me to give them the names of my sources for my stories about them. This would appear to confirm my sense of what they are hoping to accomplish with what I believe to be an entirely frivolous lawsuit -- they imagine they can get me to divulge my sources to them so that they can try and exact some form of retribution on my sources. As anyone who knows me at all can tell you the odds of my divulging sources for a story is somewhere between zero and negative infinity. I will take a closer look next week.
RELATED ARTICLES:Read more
The Rev. Richard McCormick was arrested Thursday in New Rochelle and is expected to be arraigned in Massachusetts on allegations he molested a child three decades ago. He is to be arraigned on 5 counts of child rape. McCormick, who is in his 70's was the former director of the Marian Shrine in Stony Point.
Police allege that the 5 counts took place in Ipswich, MA in 1981 and 1982 when the alleged victim was 11 and 12 years old.
McCormick, 71, the former provincial of the Salesian Brothers of Don Bosco for the eastern United States and Canada, has already been sued by nine people who alleged he sexually molested them as boys.
According to the Globe, McCormick will be returning to New Rochelle: blockquote>Attending today’s arraignment was the Reverend Steve Dumais, who is the current vice provincial for the Salesians order in New Rochelle and who told the court he would be McCormick’s “custodian” when he returns to New York.
“Our whole reason is to work with young people, especially the poor. So these charges are very egregious,’’ Dumais said. “The reality of it is that it’s sad, certainly, that one of our own has been arrested and charged with a criminal complaint. We are doing our very best to support the work of the authorities the best we can.’’
The St. Petersburg Times, in 2002, reported on an incident involving McCormick at St. Petersburg Catholic High School:
A priest at St. Petersburg Catholic High School has resigned after a female student complained that he greeted her with a hug and a kiss. The Rev. Richard McCormick, 61, who taught theology and English, was granted a leave of absence while the complaint was investigated. Later, the school and McCormick "mutually agreed that it is in the best interest of the school community that Father McCormick not return," according to a statement by the Diocese of St. Petersburg.
Road to Recovery Media Alert, after the jump.Read more
Westchester County District Attorney Janet DiFiore announced that Akeem Lindsay, 32, of 309 North Avenue, New Rochelle, New York was sentenced today to 30 years to life in state prison on his May 7th, 2012 conviction following a jury trial on one count of Murder in the Second Degree, a class “A-I” Felony, one count of Attempted Assault in the First Degree, a class “C” Violent Felony, one count of Assault in the Second Degree, a class “D” Violent Felony, one count of Criminal Possession of a Weapon in the Third Degree, a class “D” Felony, relating to the death of his girlfriend and the assault of a male roommate.
On February 11, 2011 at approximately 11:56 pm, New Rochelle Police responded to a 911 call from a neighbor at 309 North Avenue.
Upon arrival, officers observed the defendant covered in blood in a hallway inside an apartment being held down by the roommate who told police the defendant murdered his girlfriend.Read more
A response was filed yesterday with the Westchester County Clerk to the lawsuit filed by James Vincent Bonanno and Vincent James Bonanno alleging that they were defamed, primarily by my reporting on two incidents: the "Bob Cox Sleeps with the Fishes" boat incident and the Orange County home renovation article. For good measure, counterclaims were filed against them.
You can read their complaint here.
You can read the reply I filed here.
These two have tried this sort of thing before:
I am going to go out on a limb here and predict they will have as much success in the New York State Supreme Court as they had with the New Rochelle Police Department and the Westchester County District Attorney.
I have to admit this has been fun so far. I can't wait to start filing my discovery motions and getting their bosses under oath in depositions! I am going to especially enjoy deposing Schools Superintendent Richard Organisciak, his cabinet and school board members.
If the Bonannos want to dump a lot of money into a losing cause that's fine by me. My goal is to counter that by spending as little money as possible. I am "pro se" in this case, meaning I am representing myself. I fully intend to report out the entire process, step by step, and get a lot of great material out of this for the web site.
I will, however, need to raise some money to pay for things like depositions so expect I will have a legal defense fund in place once things get rolling this fall.Read more
On my legal blog (www.JamesMaisanoEsq.wordpress.com) and my firm’s Facebook page (www.facebook.com/JamesMaisanoEsq), I have been focusing on a few important U.S. Supreme Court decisions that were being closely watched by the legal and political worlds. Over the past week, the Supreme Court has released three of these decisions:
Arizona v. U.S.
The Court confirmed that “the Government of the United States has broad, undoubted power over the subject of immigration and the regulation of aliens . . . the federal power to determine immigration policy is well settled.” However, the Court did open the door for states to assist the federal government in the enforcement of immigration laws.
A unanimous Court (8-0 with Justice Kagan not taking part) upheld Section 2(B) of the Arizona law requiring police officers to check the immigration status of anyone arrested or detained and allowing them to stop and arrest a person if the officers have “reasonable suspicion” that the person is an illegal immigrant (known as “show me your papers”). The Court stated there was no showing that this section conflicted with federal immigration law.Read more
I read an article last night on the Reason Magazine website and thought it presented an interesting perspective to ponder as we await the upcoming Supreme Court decision on Obamacare. Here is the article:
Briefly, I believe the individual mandate section should be deemed unconstitutional in violation of the Commerce Clause of the Constitution. I also believe that a federal law forcing people to enter into a contract without consent raises a very troubling and dangerous legal precedent.Read more
New Rochelle High School librarian Marisa Anton, 34, made a brief court appearance at the New Rochelle City Court today. Anton of 34 Winchester Avenue in Yonkers, NY was charged by the New Rochelle police department with a Class D Felony, Disseminating Indecent Material to Minors in the First Degree.
Appearing before New Rochelle City Judge Gail Rice, Anton's lawyer, Michele Marianna Bonsignore, and Assistant District Attorney Christopher Daniele agreed to a court date of September 10, 2012.
There was a brief mention of an "SCI" or Supreme Court Information
"SCI is a type of charging document, similar to an indictment," said attorney Cynthia Lobo, a lawyer based in New Rochelle. "It is typically used in a felony case where the defendant intends to plead guilty in a plea bargained matter."
Standing before Judge Rice, Anton was quiet and did not display any emotions during the 5 minute court appearance. She was dressed in a white, floral pattern dress with a white sweater draped over her shoulders. She was accompanied by her parents.Read more
A common phone call to my law office is: “My mother/father passed away, and I’m the executor in the will, what do I have to do?”
As the designated executor in a will, you will need to file a petition, along with supporting documents, in the Surrogate Court in the county where the deceased resided. (This post only addresses NYS law). The petition will seek a decree granting probate and letters testamentary – official court documents legally appointing you as executor, so that you can conduct financial and other transactions on the estate’s behalf. When filing the petition, you are agreeing to act responsibly in a fiduciary capacity in the best interests of the estate and to fully follow the deceased’s wishes in the will.
I recommend retaining an attorney at the outset to represent the estate and guide you through the probate process. You will need to assemble documents, including an original death certificate; the original will (and codicils, if they exist); original trust documents (if they exist); addresses for executors and beneficiaries in the will; and an itemization of assets such as personal property and real property (home, coop or condo) in the deceased’s estate.Read more