Fruit of the Poisonous Tree: Implicit Bias in the Administration of Justice

The Fruit of the Poisonous Tree doctrine was established primary to deter law enforcement from violating rights against unreasonable searches and seizures, however, a grain of salt can, and has, tilted the scales in the direction of system-wide corruption within our judicial processes. The symbiotic relationships are corrupt from the stop, arrest, interrogation, arraignment, delayed assignment of counsel, and the right to be informed of the nature and cause of the accusation. Implicit bias in the Administration of Justices is that grain of salt that has tilted the scale in the direction of habitual reliance on or exploitation of others for perceived social well-being of the ruling class.

For instance, Detective Carl Re and Detective William Lanoue of the Nassau County Police Department 4th precinct (New York State), entered a Grand Jury proceedings on September 24, 1996, and under oath, testified to the following, as published in the Baldwin Herald on September 25, 1996: “we are happy and appreciated that the local papers extended themselves and put the information in the paper” ‘said First Squad Detective Carl Re, who, along with his partner, Detective Sergeant Richard Laursen were instrumental in tracking down Mr. Brown’. “ We are thankful to Crime Stoppers and the [callers] who reached out. I feel [Crime Stoppers] is an effective tool” (this information is a direct result of the publication of a composite sketch on September 18 & 19 of 1996). An indictment was obtained, and the accused arrest was justified pursuant to that sworn testimony before the grand jury. However, under voluntary disclosure several photographic arrays surfaced that depicted Mr. Brown as being identified someone who had sold jewelry at Tam Tam pawn shop on August 19, 1996. The owner, Jack Oheb, identified Mr. Brown on September 17, 1996, and Detective Carl Re, took the statement. Later that day, on the 17th of September 1996, Detective Carl Re met with Robin Cohen, and showed her a photographic display of six black males and she identified Mr. Brown allegedly. One day prior to Robin Cohen’s sketch of her robber being publish within local papers. These photographic arrays that identifies Mr. Brown predates alleged Crime Stopper [callers] and established state sponsored perjury to obtain accusatory instrument and hold Mr. Brown over for trial.

The judiciary was confronted with this prosecutorial malfeasance, pro se, and unbeknownst to Mr. Brown, Nassau County Legal Aid Attorneys, Nancy Garber and Meryl Berkowitz, entered into conspiracy with the Honorable Victor M. Ort and Judge Donald P. DeRiggi, and the Nassau County District Attorney’s Office, to terminate all criminal actions pursuant to Criminal Procedural Law section 160.50, on October 7, 1996 and November 4, 1996, respectively, however, the seal order in case and indictment are specific even though Mr. Brown is listed as [female] instead of male and birth date entered [04/16/1955] instead of [04/16/1965], in order to prevent release of Mr. Brown pursuant to section 160.60, “Upon the termination of a criminal action or proceeding against a person in favor of such person, as defined in subdivision two of section 160.50 of this chapter, the arrest and prosecution shall be deemed a nullity and the accused shall be restored, in contemplation of law, to the status he occupied before the arrest and prosecution. The arrest or prosecution shall not operate as a disqualification of any person so accused to pursue or engage in any lawful activity, occupation, profession, or calling. Except where specifically required or permitted by statute or upon specific authorization of a superior court, no such person shall be required to divulge information pertaining to the arrest or prosecution.” Mr. Brown was re-prosecuted on void judgments within the N.Y.S. Unified Court System and those void processes were finalized before the United States Supreme Court in violation of the 13th Amendment:

https://www.dhirubhai.net/pulse/scotus-circa-1999-thurman-brown

Fruit of the Poisonous Tree: Implicit Bias in the Administration of Justice is Justice denied. Watch what the system does, not what they say they do.