651 West 188 Street, # 2-J
New York, New York 10040
Cell phone: 347-416-0500
Hard-line for messages: 212-740-7977
Judge Shawndya L. Simpson
Criminal Court of the City of New York
Court of New York-Part A
100 Center Street
New York, New York 10013
April 22, 2010 Docket no: 2009-NY-048859
RE: THIS IS A MOTION FOR A REASONABLE DELAY, DUE TO ( 1 ) INEFFECTIVE ASSISTANCE OF COUNSEL, ( 2 ) OBSTRUCTION OF JUSTICE, AND OTHER COMPELLING REASONS.
Dear Judge Simpson:
I am making this request myself in the form of a letter, because Mr. Michael Redenburg, my criminal defense attorney, is timid and afraid.
BRIEF STATEMENT OF THE ISSUE: I am making this Motion for a Reasonable Delay due to ( 1 ) ineffective assistance of counsel, ( 2 ) obstruction of justice, ( 3 ) contrary to what my attorney tells me, I am able to get official, voluntary cooperation from the military for alibi witnesses, ( 4 ) contrary to what my attorney tells me, I am able to get material, important records from the U.S. Department of Justice, ( 5 ) contrary to what my attorney tells me, I am able to get witnesses from New Jersey, due to reciprocity agreements between the states and, in fact, I already demonstrated that I can do this with the law office of Timothy D. Scaffidi, and I am providing that example here, for ease of reference, ( 6 ) compelling medical reasons from key witnesses necessitates a continuance; in addition, ( 7 ) this is a demand for a change of venue, due to conflict of interest, or in the alternative, ( 8 ) this is a request for Judge Simpson to recuse herself, and this is a ( 9 ) a demand for a jury trial.
Background details, in brief: THE THIEVES ARE ANNOYED !
I am a federal whistle-blower. I reported fraud in student financial aid programs.
I deserve protection, not persecution. Among a number of schemes, my medical school falsified records to steal money from me, Mike Tyberg, tax-payers and an insurance company. When I tried to correct those records school officials dashed down to the Manhattan District Attorney’s office to make false criminal charges, claiming they were annoyed, in order to cover-up for their crimes. The goal of this prosecution is to put me in prison so that doctors and lawyers can get away with crimes.
FALSE RECORDS AT THE MEDICAL SCHOOL.
My intentionally falsified records at the Albert Einstein College of Medicine are the root of the problem. They form a foundation that was and is used to create even more intentionally falsified records at outside agencies and institutions; most recently, they were used to create false records at Jersey City Medical Center and to justify physical violence against me and Robert Cross.
A CIRCULAR ARGUMENT.
Here is how absurd this prosecution is: ADA Spiro wants me to accept a deal wherein I agree to never get or correct my records. Yet, in November the federal government is going to take even more adverse action against me, compelling me to get and correct my records at Yeshiva University ! !
JUDGE PATTERSON LEGISLATED FROM THE BENCH. HE FABRICATED RULINGS AND IGNORED FACTS AND LAW. WE NEED CONGRESSIONAL HEARINGS.
Einstein’s argument that the ability to access and correct my records was settled against me in my federal case and that I should go away is ridiculous. Judge Patterson legislated from the bench. He wholesale ignored facts and the law and fabricated rulings. I asked for my records before I became a “former” student, for example, so his ruling that my amended complaint can point to no student bulletin, guide or compendium that states a policy that would allow me as a “former” student to access and correct my records is irrelevant.
Ultimately, it does not matter what nonsense Judge Patterson invented. The Federal Educational Rights and Privacy Act, F.E.R.P., the federal law that gives students and “former” students the ability to access and correct their records still applies. Judge Patterson cannot unilaterally repeal that law from the bench.
Judge Patterson does not want to correct his fabricated rulings. Judge Patterson acting in concert with my medical school wants to leave the bad law that he made on the books, so it can be cited to, to hurt another innocent student in the future. The proper action that should be taken is that Judge Patterson should correct his fabricated rulings, so that they can never again be quoted to hurt another innocent student.
Moreover, it is not proper that I should bring another lawsuit; because I exposed corruption, on my blog, and in YouTube videos [ see “crookedDoctors” ], attorneys for my medical school started to agree with me on litigation points, to date; essentially I won this suit.
I EXPOSED CRIMINAL SCHEMES. WE NEED CONGRESSIONAL HEARINGS.
As a woman who was granted minority-student status, for socio-economic reasons, I was used as a token in the admissions process so that my medical school could demonstrate diversity to keep the public money coming in, and then, railroaded out.
In order to railroad me out, dishonest doctors and lawyers at my medical school created some ridulous story that they watched me develop a major mental illness during my two years at medical school. Any and all evidence that contradicted that fabrication was omitted from my records as evidenced by school officials deliberately hiding William P. Remnie’s, MD, “very favorable” evaluation of my hospital performance working with patients that he referred to in his August 1997 letter to me. This discredits ALL complaining witnesses against me and demonstrates that I am fit to practice medicine. It also shows that my medical school deliberately falsified educational records.
I am the third student who my medical school has tried to falsely label as mentally-ill. In order to discredit Ajay P. Garg, MD, as a potential witness in a potential malpractice suit, my medical school tried to falsely label him as “psychotic”. After being railroaded out, Dr. Garg got his medical degree from another school and is a successful practicing physician in the United States. He had and he has no mental disease or defect that precludes him from the practice of medicine. According to his court papers, Dr. Garg’s attorney(s ) discovered another victim of this scheme.
Even more outrageous, after I was forced to sue my school to obtain my records, so I could correct them, I discovered that I had been falsely labeled as a terrorist, apparently, that so that dishonest lawyers could violate my rights to privacy under the Patriot Act, and stalk me through litigation to find out who my lawyers were, what resources I had, who my contacts were, so they could undermine my meritorious claims with dirty tricks. Apparently, they did the same to Jeevan Padiyar, another victim of my medical school.
THE COMPLAINING WITNESS HAVE A RETALIATORY MOTIVE BECAUSE I EXPOSED INSURANCE FRAUD & FEDERAL STUDENT LOAN FRAUD.
I already reported insurance fraud to officials at Blue Cross/Blue Shield and they are waiting for me to provide them with more information, which I cannot do, because I am defending myself against these false criminal charges. I am being railroaded into prison because doctors and lawyers associated with my medical school are aware that between Blue Cross/Blue Shield, a private company, investigating insurance fraud and claims that I can make myself in court under the False Claims Act for federal student loan fraud, I do not have to depend on corrupt law enforcement and I can drive forward my own litigation, with volunteer attorneys from tax-payer association groups who are outraged that they are paying for fraud in student aid programs, and that they are paying for malicious prosecution towards me, the VICTIM. I am the victim, not the villain. The consequences of federal student loan fraud to Einstein are huge, as detailed in my
April 14, 2010 letter to Marcia M. Waldron, Clerk of Court, in the Third Circuit, a copy is provided for ease of reference, and posted on my blog to protect myself.
THE BUKHARIAN-JEWISH COMMUNITY IS USING ME IN A POWER STRUGGLE.
In addition, I suspect that the Bukharian-Jewish community is pushing false criminal charges against me acting in concert with the Manhattan District Attorney’s office to drive my case to trial at my expense, because individuals in that community hold the delusional belief that I will discredit school officials for them; then, they can re-instate a member of their community, Marlen Abramova, who was expelled, as part of a larger power struggle between the Bukharian-Jews and the Ashkenazi-Jews [ very simply, blacks against whites ]. Ms. Abramova ruined her case against the College of Medicine and alienated a wealthy patron of her community, Mrs. Lily Safra, a billionaire, by plargizing from me, unfortunately; their expectations for Marlen Abramova are unrealistic. With respect to Marlen Abramova, the medical school made the right decision for the wrong reasons. You should be aware that the sick little psychological game that is being played is that the Bukharian-Jewish community is trying to confuse my identity with Marlen Abramova’s so that she can take credit for my work [ see the YeshivaVictims group ]. The dis-information campaign that is being executed is to try to confuse the details of my case with hers, and to try to confuse my identity with hers. I can provide detailed examples upon request.
THIS REQUEST IS NOT AN EXCUSE TO STALL FOR TIME. IN THIS MOTION, I AM MERELY ASKING FOR A FULL AND FAIR OPPORTUNITY TO GATHER EVIDENCE TO VINDICATE MYSELF.
At trial, should one be necessary after review of this motion, William P. Rennie, MD, can confirm facts that I already demonstrated to Judge Simpson, and ADA Spiro. My “very favorable” hospital performance evaluation from Rennie was deliberately omitted from my educational records, in order to create a false record. In the documents that Einstien provided in response to a valid subpoena and that Einstein claims is my complete-unedited records, this document/performance evaluation is deliberately omitted. Yet, we know that it exists by Rennie’s August 1997 letter to me wherein he states that he sent a “very favorable” performance review to Einstein, a copy of Rennie’s August 1997 letter to me is provided for ease of reference.
My hospital performance demonstrated that I am fit for the practice of medicine, that I did not develop a major mental illness during my two years at medical school, that, in fact, I have no mental disease or defect that would preclude me from the practice of medicine, and that I can demonstrate irrefutably to every pre-med student world-wide that the Albert Einstein College of Medicine will hide a medical student’s “very favorable “ hospital performance evaluation in something that was characterized as an “unofficial file” , a.k.a. “the secret file” , so that school officials can intentionally create a false educational record, to discredit a potential witness against them.
In sum, my medical school deliberately created false records, those false records are the root of the problem, and are used to create even more false records at outside agencies and institutions, and, most recently, were used to justify physical violence against me and Robert Cross.
James David, a complaining witness, who has a retaliatory motive against me because he helped my school steal money from me in a federal student loan program, is trying to diagnosis me as having something wrong with me, as in having “ the potential for violence ”, see his affidavit to this court, paragraph 8, page 4: “ In my professional opinion as a psychiatrist, Ms. Radin suffers from a mental illness which is associated with violence…” . Who is he kidding ? Robert Cross and I had the bruises on our bodies from a physical assault thanks to the criminal schemes that were put in motion by dishonest doctors and lawyers at the Albert Einstein College of Medicine, schemes which include James David, acting in concert with Jersey City Medical Center and dishonest judge Nino Falcone.
POINT 1: INEFFECTIVE ASSISTANCE OF COUNSEL.
Background, in brief:
Nino Falcone and Stacy Dix-Kielbiowski acting in concert with my medical school, orchestrated a physical assault on me and Robert Cross on 9/30/2008 as demonstrated by my records, Stacy Dix-Kielbiowski’s admissions, and admissions by John Scarfone, a complaining witness in this case.
John Scarfone admitted that he was in contact with Asaf Rosenheim, on 9/18/2008, see paragraph 18, on page 9, of Scarfone’s May 26, 2009 affidavit submitted to this Court, provided for ease of reference: “ The following day, September 18, 2008, I was contacted by a man named Asaf Rosenheim who indicated that he had been Ms. Radin’s roommate five years earlier. Mr. Rosenheim informed me that he testified on behalf of Ms. Radin’s landlord in an eviction proceeding against Ms. Radin”. Asaf Rosenheim is a dishonest individual associated with North Bergen, New Jersey municipal court judge Nino Falcone. Asaf Rosenheim, ex-Israeli military, a psychiatric out-patient, had a retaliatory motive against me, as I testified against Mr. Rosenheim, twice, including showing that Mr. Roseheim and his associates lied to Homeland Security, as Judge Falcone is well aware. Judge Falcone was hired by my landlords, the Pagnozzis, to harass me with frivolous eviction proceedings; those frivolous eviction proceedings lasted from February 2007 to October 22, 2008, and damaged my health and the health of my family and friends who tried to protect me.
This is how the dis-information campaign works. I am the victim of harassment. I am not harassing others. Dr. Jelnov, for example, a dishonest psychiatrist responsible for the crime of false imprisonment, against me from 9/30/2008 to 10/3/2008, tried to diagnose me as delusional claiming that I held the false belief that there was contact between my landlord-tenant case [ with Nino Falcone and Asaf Rosenheim ] and my federal law suit with Einstein/John Scarfone. In his May 26, 2009 affidavit, John Scarfone admitted that there was contact, demonstrating that I am not and was not delusional and that Dr. Jelnov committed a medical malpractice in trying to stigmatize me as mentally-ill; a goal my medical school has been managing toward for years in order to discredit me as a witness.
Because of the physical assault engineered by Nino Falcone and Stacy Dix-Kielbiowski, on 9/30/2008, I was left disabled, unable to work to pay for an attorney, and was assigned a public defender, to defend myself against what appears to be hundreds of false criminal charges, an overtly obvious intimidation tactic, in this case.
I WAS DENIED EFFECTIVE ASSISTANCE OF COUNCIL AND OBSTRUCTED BY TWO STATE-APPOINTED PUBLIC DEFENDERS FOR MONTHS.
My first public defender, Jess Berkowitz’s conduct was so extreme and outrageous that, ultimately, I had to call the police; in a 9-11 call, an emergency call, a police officer had to compel Mr. Berkowitz to hand over the affidavits that the complaining witnesses submitted, so that I could even see the arguments against me in this case. I have a witness who is unrelated to me to confirm these facts.
John Scarfone did not want me to see his affidavit wherein he stated that on 9/23/2008 in the early morning I was at his home harassing his family when, in fact, I was hundreds of miles away. A single phone call from ADA Spiro to Col. Kevin C. Reilly can confirm that the night before I was visiting Col. Reilly at Ft. Knox, Kentucky, and that I did not leave Ft. Knox until well after 9 pm. Ft. Knox, Kentucky is over 830 miles and over 13 and a half hours of driving time from Malvarne, New York, where John Scarfone’s home is located. Because I left Ft. Knox after 9 PM, and because it takes over 13 and a half hours to drive from Ft. Knox, Kentucky to Malverne, New York, it is a physical impossibility for me to have been at John Scarfone’s house the next morning, before 8 AM, according to Mapquest, and other authority that I can cite.
As Judge Simposn knows, the State replaced Jess Berkowitz with another State-appointed attorney, Terry Brostowin, my second public defender.
Terry Brostowin, my second public defender, told me that he did not want to do any preparation for trial. He wanted my case to boil down to my word against my medical school. He wanted my case to be confused with the Abramova case: I should be discredited and then, I should go away. That is the essence of the Marlen Abramova case, not my case [ this is how the propaganda works ]. My case is built on all kinds of evidence including my creditable testimony.
Terry Brostowin made no motions, gathered no evidence, and wasted my time with non-productive meetings, for which, I am sure he charged the State, but, we accomplished nothing.
INEFECTIVE ASSISTANCE OF COUNSEL AND OBSTRUCTION OF JUSTICE. MY PRIVATE ATTORNEY IS INTIMIDATED BY THE UNIVERSITY AND CORRUPT LAW ENFORCEMENT.
I begged and borrowed money and sold personal effects to hire Michael Redenburg.
Mr. Redenburg tried to convince me that I had no right to access and correct my records. He is wrong. He presents the excuses the dishonest lawyers working for my school made, see the foregoing explanation in this Motion that explains Judge Patterson cannot legislate from the bench [ see the section entitled, “ Judge Patterson legislated from
the bench, he fabricated rulings and ignored facts and law. We need congressional hearings ” ]. Moreover, the mistake Eric Pennington, my attorney in the underlying federal case, may have made in not showing Judge Patterson page 22 wherein the policy that gives students and former students the right to access and correct their records is explicitly stated is a defect that can be easily corrected and not a fatal flaw that would give Einstein collateral estoppel. Just because Judge Patterson did not see the policy, because of an oversight, does not mean that a policy did not and does not exist. The proper action that the Second Circuit should have taken was to remand my case to the lower district court to correct and expand the record to achieve a proper ruling.
In addition, developed an opportunity for Mr. Redenburg to speak with Mr. Vance, the new District Attorney, about ADA Spiro’s improper conduct and malicious prosecution in my case, and how Mike Tyberg and I had reported federal student loan fraud to the previous District Attorney, Robert Morgenthau’s office, 2 years ago, and how that office protected the dishonest school and not the student victims. Mr. Redenburg did not pursue this opportunity as a vigorous advocate. I hired him because he advertised aggressive, affordable representation. In contrast, a volunteer on my behalf called and talked to Mr. Vance directly, but, the attorney that I am paying thousands of dollars to defend me against false criminal charges, only made one, half-hearted phone call to a switch board operator, left a message with that switch-board operator, and claimed we could not get a meeting that I was promised by Mr. Vance. Elected officials, individuals and groups with an interest in the issues in my case wanted to attend a meeting with Mr. Vance with me and my attorney. Mr. Redenburg made it easy for Mr. Vance to escape accountability for ADA Spiro’s and ADA Lenzer’s improper conduct in persecuting me, the victim of federal student loan fraud.
At every critical juncture, Mr. Redenburg tried to use pressure re-negotiate my retainer agreement to increase the cost to me.
At every critical juncture, Mr. Redenburg tries to pressure me into representing myself, as a Pro Se litigant, even though a judge would not permit me to fight criminal charges that could result in jail time alone.
I did the bulk of the work for the Motion to Dismiss, not Mr. Redenburg, including correcting for mistakes. Mr. Redenburg did not want the Motion to Dismiss to be successful. His goal was to go to trial, so he could charge me more money. Not incidentally, I take this opportunity, now, to correct for another omission in my Motion to Dismiss and include with the exhibits in this Motion page 2 of a recent demand letter from the US Department of Education to me that states, essentially, pay for classes Yeshiva University never provided or here is the adverse action the government will take against you.
Most recently, Mr. Redenburg tried to convince me that I could not use statements the complaining witnesses made in civil cases, to undermine their creditability, in this criminal case. He tried to convince me of this, when, in this case the complaining witnesses are using Judge Patterson’s statements in civil court against me !
Mr. Redenburg tried to convince me that I could not get official, voluntary cooperation from the military, to defend myself and others. That is not true. I got official, voluntary cooperation from the military in the past, for example, I visited Col. Kevin C. Reilly, MD, at Ft. Knox and he was helpful. In addition, I got official, voluntary cooperation from members of the military at West Point Military Academy, and from those stationed in a military base(s) in Hawaii, and I got voluntary cooperation from a pre-med advisor and others at the US Air Force Academy in Colorado.
At the US Air Force Academy I got positive, progression change in the field of education in accordance with a mandate issued by the President of the United States. The pre-med advisor there, for example, promised to educate her pre-med students and their families about how to independently archive their letters of recommendation to medical school, so that never again would those letters be held hostage so that dishonest individuals could lie about a student’s past, as happened to me. Again, I waived my rights to my letters of recommendation pursuant to an application to medical school, not pursuant to a need to get information and evidence to stop my medical school and other dishonest individuals from lying about my past. I need my letters from US Senator Daniel Patrick Moynihan and from Walter Reed Army Research Institute, and all my other letters of recommendation to defend myself. Those letters state that, for example, I performed “ beyond the call of duty” , statements that are wholly inconsistent with a characterization of me as a mentally-ill terrorist, a false argument put forward in this case against me by James David. James David has a retaliatory motive against me as he is responsible for federal student loan fraud against me. James David had an initial duty and he has a continuing duty to be truthful and forthcoming about the number of classes Yeshiva University ultimately provided to me to establish my eligibility to borrow in a federal student loan program and to receive a state grant and a federal grant, grants financed by the tax-payers. Mr. Redenburg should be vigorously protesting this, as many times and in as many ways as possible.
Mr. Redenburg tried to convince me that I could not get voluntary cooperation from the US Department of Justice. I can. The US Department of Justice does the legal work for the US Department of Education. I can ask the Dept. of Justice for documents including my original promissory note, from the 1995 to 1996 academic year, to demonstrate federal student loan fraud, especially now, as the government is engaged in illegal collection actions against me. I can ask for other documents too, in order to defend myself.
Mr. Redenburg tried to convince me that I could not call witnesses from New Jersey, pursuant to reciprocity agreements between the states,, when, in fact, I can. See exhibits 6 and 7, letter from law office of Timothy D. Scaffidi commanding Rabbi Lamm, Chancellor of Yeshiva University ‘…to appear and give testimony…” and a September 28, 2009 letter from Jersey City, regarding the niceties of procedure.
With respect, volunteers working with me are doing the bulk of the work to defend me while Mr. Redenburg works to hinder my defense.
POINT # 2: OBSTRUCTION OF JUSTICE. THE SCHOOL TRIED TO DECEIVE JUDGE SIMPSON BY DELIBERATELY CONCEALING DOCUMENTS.
Annexed to the bottom of this Motion is a list of documents that my school is deliberately concealing to mislead Judge Simpson.
This alone makes my argument for me: my medical school hides documents to create false records, to deceive, to mislead, to tell false stories.
In light of this, my attorney should be making a Motion to have the criminal charges against me dismissed IMMEDIATELY with PREJUDICE. My medical school and ALL the complaining witnesses have repeatedly tried to deceive Judge Simpson, as I have protested and documented at every court appearance.
The fact that he is not, demonstrates ineffective assistance of counsel.
POINT # 3: I AM ABLE TO TO GET OFFICIAL, VOLUNTARY COOPERATION FROM THE MILITARY FOR ALIBI WITNESSES TO UNDERMINE THE CREDITABILITY OF JOHN SCARFONE, A COMPLAINING WITNESS WITH A RETALITORY MOTIVE AGAINST ME.
In 2006, John Scarfone lied about me in the Abramova case, see Abramova v. Albert Einstein College of Medicine, AECOM of YU, docket no: 06-cv-00116, in addition to the lying about me in this case. He has a retaliatory motive.
Col. Joe Fetterman, legal counsel to Adm. Mullen, chairman of the Joint Chiefs of Staff, is able to get me official, voluntary cooperation from the following alibi witnesses for ADA Spiro to contradict John Scarfone’s statements that I was at his home on Tuesday, September 23, 2008 before 8 am harassing his wife.
( a ) Col. Kevin C. Reilly. He can confirm for ADA Spiro that I was at Ft. Knox, Kentucky, on Monday night, September 22, 2008 until after 9 PM. According to Mapquest, it is over 830 miles and 13 and a half hours of driving time from Ft. Knox to John Scarfone’s house in Malverne, New York. It is physically impossible for me to have been at John Scarfone’s home on the morning of Tuesday, September 23, 2008 before 8 AM. It takes a single phone call from ADA Spiro to Col. Reilly to confirm this fact. My lawyer should be screaming his head off about how ADA Spiro is using the office of the Manhattan District Attorney in malicious prosecution towards me, and wasting the tax-payers money with abuse of process to intimidate a federal whistle-blower. The fact that he does not, and is making up excuses about….oh, well….it is just one lie, underscores, again, ineffective assistance of counsel.
In fact, I do NOT have to bother Col. Fetterman at all. I gave ADA Spiro and Judge Simpson contact information for Col. Reilly. It takes a SINGLE phone call from ADA Spiro to Col. Reilly to confirm that John Scarfone, Associate General Counsel at Yeshiva University lied about me. The fact that ADA Spiro does not underscores malicious prosecution towards me.
In fact, Mike Tyberg and I reported to the Manhattan District Attorney’s office, in summer 2008, to Robert Morgenthau’s office, to ADA Jonathan Lenzer, that we were crime victims in a federal student loan program, and law enforcement protected the criminals not the student victims. When I tried to tell Judge Melissa Jackson, during my arraignment that had the Manhattan District Attorney’s office done its job in summer of 2008, I would not have been physically assaulted and almost killed at Jersey City Medical Center, she told me to shut-up, essentially. When I refused and tried to put facts on-the-record, she threw me in jail. Judge Jackson protected the office of the District Attorney, not the victims. I need a change of venue.
Witness tampering. I am a witness against my medical school. This prosecution is retaliatory, in the nature of witness tampering against me and intended to take down my blog site wherein information and evidence is posted, in order to destroy evidence, re-write history, and silence witnesses like me and Mike Tyberg. The Manhattan District Attorney’s office is violating our civil rights, violating our right to equal protection under the law, an issue for the U.S. Department of Justice. The New York State Attorney General cannot intervene because Mel Goldberg, at Andrew Cuomo’s office already threatened me.
The fact that my attorney is not screaming his head off about this, underscores, again, ineffective assistance of counsel. My attorney should be demanding an independent investigation and public hearings to expose corruption. Mike Tyberg and I already described to all proper agencies how to find more victims.
( b) Jeff Cox. Again, I do NOT have to bother Col. Fetterman. A single phone call from ADA Spiro to Jeff Cox, at the Pentagon, can confirm my account that I was at the Pentagon at about 3 PM on Tuesday, September 23, 2008 consistent with my travel log, traveling from Jersey City to Ft. Knox to Washington DC to Jersey City, on Sunday, 9/21/2008 to Wednesday, 9/24/2008, no where near John Scarfone’s house in Malverne, New York. The fact that ADA Spiro does not underscores malicious prosecution towards me.
In addition, confirming that I was out-of-town and traveling from Sunday, 9/21/2008 to Wednesday, 9/24/2008 demonstrates another litigation point. My medical records at Jersey City Medical Center were intentionally falsified in an attempt to discredit me. A screening document from 9/25/2008 stated that I was increasingly agitated in the community in the days leading up to 9/25/2008. I was not. I was not even in town !
In this case, because John Scarfone admitted to having contact with principal actors in Jersey City, my medical records from Jersey City need to be entered into evidence in this case, and I need to call the custodian of those records as a witness and to have her bring the original, hard-copies with her to trial. That person is Bryna Kieser, Director of Medical Records at Jersey City Medical Center.
( c ) Philip Honoree. Again, I do NOT have to bother Col. Fetterman. A single phone call from ADA Spiro to Philip Honoree, at the Pentagon, can confirm my account that I was at the Pentagon at about 3 PM on Tuesday, September 23, 2008 consistent with my travel log. The fact that ADA Spiro does not underscores malicious prosecution towards me.
In addition, Philip Honoree can confirm that I was NOT arrested and released in Washington DC, my medical records in Jersey City were intentionally falsified to discredit me as a witness and inflict the crimes of witness tampering, aggravated assault, and false imprisonment on me, facts that I tired to relate to Debra Simon, at the Hudson County prosecutor’s office. The Hudson County prosecutor’s office has been covering-up federal student loan fraud for the past five years, aiding and abetting my medical school, despite phone calls from, then, Congressman Menendez, now New Jersey US Senator Menendez.
( d ) Maj. Bryan and Brig. Gen. Michael Linnington.
Michael J. Reichgott, is a complaining witness against me. He has a retaliatory motive against me, not least of which is his participation in federal student loan fraud. To retaliate, he took a portion of my blog regarding Maj. Bryan out-of-context to misconstrue my meanings, and mis-characterize me. The full, true, and complete email exchange is provided here, for ease of reference.
My entire blog needs to be entered into evidence to prevent portions from being taken out-of-context and misconstrued again, as in the Reichgott affidavit; this will take some time.
MY SCHOOL WANTS TO DESTROY EVIDENCE AND RE-WRITE HISTORY INVOLVING PRESIDENT GEORGE W. BUSH.
In addition, my blog contains accurate historical information about my communications with President Zeljko Komsic and President George W. Bush, as confirmed by Columbia University, see web-link, http://www.worldleaders.columbia.edu/events/željko-komšić-presidency-chairman-bosnia-and-herzegovina-0, click on video of President Komsic’s keynote address at Columbia University on September 27, 2007, scroll to the question and answer section to see me ask President Komsic to convey a letter of mine to President Bush, and he did.
To take down my blog site would destroy history.
I do need Col. Fetterman’s help with obtaining official, voluntary cooperation from Maj. Bryan to authenticate his email(s) to me.
Alternatively, I can confirm that this email came from Maj. Bryan at West Point by other means, and need the time to do so.
To be fair to Maj. Bryan and BG Michael Linnington, I do not believe that they were malicious. I think that they were lied to and misunderstood my reaching out for help to them. I would, however, fault them for not keeping an open mind and asking a few questions before they over-reacted in an overtly hostile manner.
Again, I do NOT need to bother these gentlemen. All ADA Spiro has to do is make a single phone call to confirm that Maj. Bryan’s email to me is genuine and taken out-of-context to misconstrue its meaning. The fact that ADA Spiro does not underscores malicious prosecution towards me.
Point # 4: I CAN OBTAIN RECORDS FROM THE US DEPT. OF JUSTICE.
I just discovered that I can obtain documents from the US Department of Justice that are material and important to my case, and need the time to do so, namely, the original promissory notes pursuant to federal student loan fraud, and other documents.
Point # 5: CONTRARY TO WHAT MY ATTORNEY TELLS ME, I CAN GET WITNESSES FROM NEW JERSEY.
Contrary to what my attorney tells me, I am able to get witnesses from New Jersey, due to reciprocity agreements between the states and, in fact, already demonstrated that I can do this with the law office of Timothy D. Scaffidi, and I am providing that example here, for ease of reference, see a valid subpoena duces tecum from East Greenwich Twp. Municipal Court that commanded Rabbi Lamm, Chancellor of Yeshiva University “ to appear and give testimony at a deposition ” , in addition to a letter that ADA Spiro and Judge Simpson already have from the lawyers for the town of Jersey City that stated, essentially, I can subpoena out-of-state witnesses.
I need to subpoena Stacy Dix-Kielbiowski, and other material witnesses from New Jersey.
Stacy Dix-Kielbiowski already admitted that officials from my medical school defamed me, and based on those defaming statements I was physically assaulted with spinal injuries and could have been left paralyzed or dead. My conduct is not harassing when placed in-context. My medical school has created such overtly hostile conditions for me that my life is at risk. I have the right to call these witness to demonstrate that I am the victim, not the villain. My strong advocacy is not harassing; it is done out of fear for my life, because I was already threatened, repeatedly, and physically assaulted. Robert Cross, who tried to protect me, was physically assaulted too. He is not a deranged terrorist either.
Point # 6: COMPELLING MEDICAL REASONS FROM KEY WITNESSES NECESIATEES A CONTINUANCE.
Robert Cross is a key witness, and a senior citizen. Please find a letter from his doctor. He will be unavailable for the upcoming trial because of major medical problems. He should be available after about 60 days from now.
I remind this Court that Robert Cross and I were physically assaulted in Jersey City because of a series of events set into motion by Stacy Dix-Kielbiowski acting in concert with my medical school, notably John Scarfone [ a complaining witness against me in this case who has a retaliatory motive ], Asaf Rosenheim, Nino Falcone, Ralph and Magda Pagnozzi, to name a few.
In this case, John Scarfone admitted to having contact with principal actors in my landlord-tenant case, that lead to the physical assaults, real acts of violence, against me and Robert Cross, see paragraph 18, page 9, of Scarfone’s May 26, 2009 affidavit: “…I was contacted by a man named Asaf Rosenheim... ”.
Also, I need the opportunity to certify my medical records for this Court that show months after the physical assault in Jersey City, a doctor, not paid by me and who was doing everything she could to down-play my symptoms, found tenderness, swelling and redness, indicative of the beating I took in Jersey City while I was trying to recover from spinal injuries, and medical records wherein my doctor recommends surgery for spinal injuries. I already provided some of my medical records to this Court, notably, a mental status exam on July 29, 2008 that showed I have no thought or mood disorders, directly contradicting the defaming statements my medical school and Jersey City Medical Center made about me. My doctors in New York faxed these information to Jersey City Medical Center. Jersey City Medical Center deliberately omitted the 7/29/2008 mental status exam from the records that they created, an overt act of FRAUD, in order to justify holding me as a prisoner illegally. Furthermore, Jersey City Medical Center was not “helping me through an eviction “. There was no eviction. I WON against my landlords on 9/25/2008. Nino Falcone, my landlords, and Stacy Dix-Kielbiowski lied. In addition, a screening document from 9/30/2008 that sent employees from Jersey City Medical Center to my home at 4 PM on 9/30/2008 amd that supports my allegations is being deliberately concealed.
Both Robert Cross and I have to take care of our health, before we are pushed through another series of false criminal charges involving Nino Falcone acting in concert with my medical school. The fact that my attorney is not demanding that our health comes first, especially in light of the fact that the charges against me are misdemeanors and that I have no criminal history, demonstrates, again, ineffective assistance of counsel.
From June 2008 to now, I was pushed through an illegal eviction involving Asaf Rosenheim, Nino Falcone and my landlords and false criminal charges in Jersey City at the expense of my physical health because of the bullying tactics of Mr. Falcone and others acting in concert with him and my medical school.
John Scarfone is a complaining witness against me in this case. He has a retaliatory motive against me not only because he is responsible for federal student loan fraud against me and tax-payers, but also because I was named as a witness against my medical school in the 2006 Abramova case. As Associate General Counsel for the school, John Scarfone lied about me in that case, too.
In this case, John Scarfone has admitted to having contact with principal actors in my landlord-tenant case, notably Asaf Rosenheim and Nino Falcone. I testified against Asaf Rosenheim twice, including showing that he and his associates lied to Homeland Security.
There are several direct links between my landlord-tenant case in Jersey City and my federal law suit against my medical school including the fact that I was compelled to disclose financial information during my landlord-tenant case, notably that my medical school committed federal student loan fraud against me.
I am pushing through physical pain to defend myself, because there is no alternative. If I do not fight back, then, the complaining witnesses against me, aided and abetted by the Manhattan District Attorney’s office, is creating a false court record to railroad me into prison.
As I discussed with a Human Rights advocate with the United Nations, most recently, pursuant to a complaint to international human rights organizations, playing psychological games, playing legal games with a person in real physical pain is the essence of torture. Again, the fact that my attorney is not saying a word about this demonstrates ineffective assistance of counsel. He should be advocating strongly to protect my health and Mr. Cross’s health. He should be getting orders of protection for me and my family, as I am a federal whistle-blower. The fact that he is not, demonstrates ineffective assistance of counsel.
All the complaining witnesses against me have a retaliatory motive: doctors and lawyers who lie to steal money from students like me and Mike Tyberg in a federal student loan program lose their licenses to practice, go to jail, and the medical school loses its ability to administer the Stafford federal loan program forever, see my letter to Marcia M. Waldron, Clerk of Court at the Third Circuit Court of Appeals; note especially that the Hudson County Freeholders office has sent information regarding a cover-up by the Hudson County prosecutor’s office to the New Jersey State Attorney General. I can demonstrate, and posted examples on my blog that Judges Fast, Falcone, and Nesle A. Rodriguez intentionally created false court records in New Jersey to deliberately inflict harm upon me and my family, and that their criminal conduct is consistent with the illegal conduct of 36 federal judges in New York who refused to uphold the law against Yeshiva University.
Point # 7: THIS IS A DEMAND FOR A CHANGE OF VENUE, DUE TO CONFLICT OF INTEREST.
From 2005 to now, along with other student victims, I have made proper complaints to the Bronx District Attorney and Manhattan District Attorney and to the New York State Attorney General’s office, and to the FBI. Mel Goldberg, at the New York State Attorney General’s office threatened me. Linda Tacoma, a prosecutor with the Bronx DA, lied to Congressman Weiner’s office, again, to protect the school. Mr. Ray at the FBI was so embarrassed as the truth in my case came to light, that he refused to talk to me. In the past few weeks, the police refused to take proper complaints from me in order to protect the school. In short, the New York Police Department cannot investigate itself due to conflict of interest, neither can the Bronx DA, the Manhattan DA, or the New York State Attorney General’s office. I need a change of venue due to conflict of interest.
POINT # 8: THIS IS A REQUEST FOR JUDGE SIMPSON TO RECUSE HERSELF.
I made Judge Simpson famous at the U.S. Air Force Academy, that school sends about 18 pre-meds a year to medical school. I taught them a lesson. We are watching a case unfold in Manhattan criminal court wherein the judge refused to enforce a valid subpoena to give Ms. Radin access to her letters of recommendation to medical school, to defend herself, so dishonest individuals can lie about her past. Because of me, the pre-med advisor promised to tell the cadets and their families that they have to learn how to protect themselves by independently archiving their letters of recommendation and their performance evaluations so that never again can a medical school hold those letters and performance evaluations [ like the Rennie evaluation ] hostage so a medical school can lie about a student’s past, as we are witnessing now, in my case.
I did not waive my rights to Rennie’s performance evaluation, and I did not waive my rights to my letters of recommendation pursuant to a need to defend myself against false criminal charges, and to defend myself against dishonest individuals who are lying about my past. I only waived my rights to see my letters of recommendation for the limited purpose of making an application to medical school.
POINT # 9: I DEMAND A JURY TRIAL.
I demand a trial by my peers.
Respectfully submitted,
Lidya Radin
OBSTRUCTION OF JUSTICE: This is a list of some of the documents that Einstein deliberately omitted from the documents Einstein provided to Judge Simpson in response to Jess Berkowitz’s subpoena [ first public defender that I fired ], and a brief description of why they are being deliberately concealed by Einstein in order to obstruct justice, and inflict harm:
---The Blue Cross/Blue Shield insurance pre-approval form from May 1996 which shows contact between Cornell and Einstein in the 1996 hospitalization, officials from my medical school were not looking for me when they illegally broke into my home in May 1996, to change the locks, they knew where I was as demonstrated by this document, behind my back, school officials engineered the 1996 hospitalization in a criminal scheme designed to drop-kick me into a mental hospital, falsely label me as mentally-ill in order to discredit me as a potential witness against my medical school, Einstein. A time-line of events with this document shows that there was no reason to break into my home during May 1996, school officials knew where I was, they lied to the police and the police were used to frighten Julie Schulman, MD, and Brian Hamilton into lying to Cornell. I recognize one of the police officers involved. Brian Hamilton was not “the person to contact in case of emergency” , he lied to the emergency room in May 1996, my mother was “the person to contact in case of emergency” the document that I signed that stated my mother is “the person to contact in case of emergency” is being deliberately concealed. I discovered the insurance pre-approval form sometime during 2007 to 2008, this is newly discovered evidence that gives me the ability to amend my civil complaint, AFTER all appeals to the Second Circuit. Criminally, I can show that Einstein committed insurance fraud with Julie Schulman, MD, and Brian Hamilton.
---All the Blue Cross/Blue Shield insurance documents/bills pursuant to the May 1996 hospitalization to demonstrate insurance fraud. Simple human decency dictates that I have a legitimate purpose in making sure that dishonest doctors and lawyers stop running around behind my back defaming me as psychotic and schizophrenic and when I am not. All the insurance documents to show that there was no medical leave of absence, my health insurance was cancelled, unlike other students who were on leaves and did not have Einstein cancel their health insurance, like, for example, Robin Pattin and Marlen Abramova.
---I already reported insurance fraud to officials at Blue Cross/Blue Shield and they are waiting for me to provide them with more information, which I cannot do, because I am defending myself against false criminal charges. Einstein is pushing this criminal trial in order to drop-kick me into a prison because they are aware that between Blue Cross/Blue Shield, a private company, investigating insurance fraud and claims that I can make myself in court under the False Claims Act for federal student loan fraud, I do not have to depend on corrupt law enforcement and I can drive forward my own litigation, with volunteer attorneys from tax-payer association groups that are outraged over federal student loan fraud.
---William P. Remnie, MD, “very favorable” evaluation of my hospital performance working with patients that he referred to in his August 1997 letter to me. This discredits ALL complaining witnesses against me and demonstrates that I am fit to practice medicine. It also shows that my medical school deliberately falsified educational records and will scare the heck out of every pre-med.
---All attendance records for classes Yeshiva University claimed it provided to me. All exams, tests, quizzes, academic work.
---All the letters that James J. Daw, Jr. wrote to Einstein especially the one he wrote protesting my constructive eviction, the one that protested the fact that the locks were changed at my apartment, I was never given a key [ there is no document that shows that I signed for receipt of a replacement key ] and that I retained him in summer 1996 in order to gain access to my belongings.
---All the letters I wrote.
---All the letters James J. Daw, Jr. and I wrote from December 1997 to January 30, 1998 that demonstrate that Einstein negotiated in bad faith, and all the financial reports that show the decision to expel me was made by the end of December 1997. All negotiations that Daw and I had with the school throughout January 1998 were in bad faith and demonstrate the element of scienter, evil mind, necessary to demonstrate fraud.
---The January 30, 1998 expulsion letter, which reveals the existence of other letters/documents that Einstein, is deliberately concealing. I already provided the January 30, 1998 expulsion letter to Judge Simpson, so she is aware that the
January 30, 1998 expulsion letter reveals the existence of other letters/documents that are being deliberately concealed.; namely, right now, Judge Simpson knows she has OBSTRUCTION OF JUSTICE.
---All my letters of recommendation to medical school. I did not waive my rights pursuant to criminal charges to these letters. I only waived my rights to these letters for for a limited purpose pursuant to an application to medical school. I have a legitimate purpose obtaining these letters to stop defaming statements like I was delusional for the past 20 years or that I never worked at US Senator Daniel Patrick Moynihan’s office or that I do not have letters from Walter Reed Army Research Institute stating, for example, that I served “beyond the call of duty”, statements that are wholly at odds with a characterization of me as a deranged terrorist.
---The minutes from the October 1997 Promotions Committee meeting demonstrate that James J. Daw, Jr. was NOT in the meeting room with me, that there was no hearing, and that there was a representative from the American Medical Students Association who I may be able to locate as a witness, that Michael J. Reichgott, read into these minutes a written statement where in he defamed me as having “ a thought disorder” , a euphemism for schizophrenia. Michael Reichgott is an internal medicine doctor who has a retaliatory motive in defaming me., because he is directly responsible for federal student loan fraud. I have a legitimate purpose in making sure that Michael Reichgott stops defaming me as mentally-ill when I am not in order to cover-up for his crimes. The October 1997 minutes also demonstrate that Todd Olson lied when he claimed that he was “absolutely certain” that my research project was over in Fall 1995 when he defamed me to William Rennie in an effort to put a stop to my research project. These minutes show that Todd Olson admitted guilt, and they show that the Promotions Committee had ample evidence in its hands to know with absolute certainty that Todd Olson lied, my research project was NOT over, as demonstrated by the 2 research proposals that I submitted. These 2 research proposals were deliberately omitted from the documents Einstein provided pursuant to a valid subpoena.
---There was no medical leave of absence. My health insurance was cancelled in summer 1996, and unlike Marlen Abramova and Robin Pattin, I was treated in a discriminatory manner with respect to preserving my health insurance. They were on leave from the College and did not lose their health insurance, unlike me, an accommodation was made for them. These was no leave. Einstein inflicted the crisis of homelessness on me by illegally locking me out of my home, never giving me a key, and illegally demanding rent payments from me, not letting me have access to my belongings, which was why Mr. Daw was retained. There was no hearing in summer 1996 BEFORE my medical school took illegal, adverse action against me. There was no hearing in October 1997. Einstein can provide no evidence that there was a hearing in summer 1996 or in October 1997, to wit, Einstein cannot produce a written-published-faculty-approved hearing procedure that was IN EFFECT AT THAT TIME, and Einstein cannot produce a CERTIFIED-VERBATIM TRANSCRIPT of the 2 hearings it said I got. Without a written hearing procedure and a certified-verbatim transcript, and Article 78 review cannot be done, Judge Patterson dismissed my case in error of fact and law, collateral estoppel does not apply.
---All my financial aid information and reports including all my promissory notes---I can get these from the US Department of Justice, because the Department of Justice does the legal work for the US Department of Education, and I should be given the opportunity to obtain these documents and correct my records pursuant to federal student loan fraud. I have a legitimate purpose is seeking my records to stop fraud against me, and taxpayers.
--Einstein cannot produce any evidence to show that it supported student research “100%”. It did not support mine, contrary to promises that it supported student research “100% “.
--All communications with outside agencies and institutions including Jersey City Medical Center. My records at Jersey City Medical Center show that my medical school lied to Jersey City Medical Center.
---My CIA file [ Central Intelligence Agency ]. Columbia University and the press have ample evidence to show that I communicated with the president of another country, Bosnia, President Zeljko Komisic, and that he had a letter of mine conveyed to President George W. Bush. This historical event is on my blog and linked to Columbia University’s web-site. Taking down my blog destroys presidential history illegally.
---The purpose of this action against me is to take down my blog, destroy evidence and re-write history so that my medical school and the larger, racist Zionist community that supports it can get away with crimes, and transgressions. For the past 40 years, for example, we have all been paying taxes which go to promote private religious education for one religious group, the Orthodox-Jews, but, no one else.
---This is a list of witnesses and other evidence that I should be able to get, but, that my state-appointed public defenders refused to help me obtain, deliberately hindering my defense and intentionally obstructing justice:
Andrew Lankler- he authenticates his positive performance evaluation that demonstrates increased functioning. My marketing plans at Kaplan Educational Centers, a Fortune 300 company, demonstrates “executive planning “ that I could not possess if I had schizophrenia. This directly contradicts Michael J. Reichgott’s written statement, that he read into the minutes of the the October 1997 Promotions Committee meeting that I had “ a thought disorder ”, a euphemism for schizophrenia. Michael J. Reichgott, a complaining witness, has a retaliatory motive in trying to defame me as mentally-ill when I am not. Michael J. Reichgott, MD, is directly responsible for federal student loan fraud, as are ALL the complaining witnesses. I have a legitimate purpose in seeking to correct ALL my records, stopping federal student loan fraud against me and tax-payers, and in seeking to stop a false characterization of me as mentally-ill when I am not. Andrew Lankler’s letters to me and his certification stating that I did not forge these letters are posted on blog-sites to protect my life. This undermines the creditability of all complaining witnesses. The purpose of my blog is to protect and inform.
Patrick Williams- he authenticates his positive performance evaluation. This significance of the Patrick Williams certifications is that it is impossible to diagnosis me as schizophrenic when his performance review stated that I possess positive emotional qualities that would be impossible for me to have, if I were schizophrenic. I have a legitimate purpose in seeking to correct ALL my records, stopping federal student loan fraud against me and tax-payers, and in seeking to stop a false characterization of me as mentally-ill when I am not. Patrick Williams positive performance review, and his certification stating that I did not forge these letters are posted on blog-sites to protect my life. This undermines the creditability of all complaining witnesses. The purpose of my blog is to publish information that protects my life.
John Scarfone’s wife- I have the right to confront my accuser(s). My attorney should be subpoenaing her and other members of this household so that I can cross-examine them. I was not at John Scarfone’s house on Tuesday, September 23, 2008 in the early morning, about 8 AM, harassing his family.
US Department of Justice- I can obtain records from the US Department of Justice, like my original promissory note(s) that demonstrate All the complaining witnesses against me have a retaliatory motive because they are engaged in federal student loan fraud, to wit, they had an original duty and they have a continuing duty to accurately report the number of classes Yeshiva ultimately provided to me so that I could be billed appropriately and to establish my eligibility to borrow in the Stafford federal student loan program, and my eligibility to receive a TAP grant from the state, and a PELL grant from the federal government; also, in New York State preventing me from making full, true, accurate and complete entries into my business records is a crime.
