Sunday, August 30, 2015

Polygraph proves Lorenzo Bean INNOCENT of embezzlement charges

Lorenzo Lee Bean III
 Rumormill
Lorenzo Bean has passed a formal lie detector test with flying colors!

Conclusion: Bean is 100% innocent of all embezzlement charges in Fauquier and Loudon counties.

Put this in perspective...

Commonwealth Attorney James Fisher used prosecutorial misconduct to manipulate a Special Grand Jury into wrongly indicting attorney Lorenzo Bean for embezzlement while Fisher likely had evidence that Bean's office manager Candace Fissell was the actual embezzler (had embezzled tens of thousands of dollars from Bean).  Judge Beck in Fauquier County, VA, Circuit Court dismissed the indictment for PROSECUTORIAL MISCONDUCT 10 days ago.  And now Bean's polygraph test proves that Bean told the truth that he committed no wrongdoing in connection with the charges against him.

Fauquier news media leaders at the Fauquier Times Democrat newspaper wrote a biased articles referring to the prosecutorial misconduct as a mistake or technicality, thereby whitewashing the terrible due process denial that Fisher engineered.

http://www.fauquiernow.com/index.php/fauquier_news/article/fauquier-judge-tosses-embezzlement-charges-against-lawyer-2015

Reporters and editors of Fauquier.com and Faquiernow.com should find it quite easy to track and verify the rumor.  If no news item appears within a day or so (I just reported it to them), readers can reach only one logical conclusion: Faquier Times-Democrat and related web site owners have put themselves in the virtual employ of arch enemy of due process, empire-builder James Fisher - they thereby show that they have become his BITCHES (to put it nicely).

VOTERS OF FAUQUIER COUNTY - The time has come to recall James Fisher. This writer thinks Fisher should get fired, lose his bar membership, and spend a few years in prison.

Forward this message to everybody you know in Virginia.  Prosecutorial Misconduct is becoming a rampant plague against the innocent and the guilty there.

Leave your comments at the above linked fauquiernow article, and CHIDE the editors and reporters for convicting Bean by tainting potential jurors through their articles about the Lorenzo Bean case.



Bob Hurt

Friday, August 28, 2015

Virginia Judge Shuts Down Rabid Prosecutors Effort to Destroy Lorenzo Lee Bean

Lorenzo Lee Bean III
I read these two articles and a number of others at the http://fauquier.com and http://fauquiernow.com about the case of Lorenzo Lee Bean, a Virginia attorney charged with embezzlement, money laundering, and related tax crimes by rabid Commonwealth Attorney James Fisher.  It seemed to me that the journal reporters and editors worked overtime to mollycoddle the prosecutor's version of the story.  Their news items look as though the prosecutors spoon fed them to reporters who then dutifully DESTROYED the Bean's character.  They even published mug shots of him instead of a photo they had on file of Bean in a business suit.

See the two articles describing how the Commonwealth Attorney lost because of Prosecutorial Misconduct:


I decided to dig in further and write about it.

 -------------------------------------------- Comment -------------

"Legal Mistake?"  “Technicality?”  Prosecutorial and Investigatory Misconduct does not equate to a mere legal mistake or technicality.  It constitutes a carefully calculated and orchestrated scheme to get a "non-guilty" person, in this case Lorenzo Lee Bean, an attorney with a 32-year career, indicted, prosecuted, convicted, and sent to prison.  In this way, the Commonwealth Attorney attempted to destroy the innocent man’s personal and business life.  But it didn't work.

Through a fortuitous set of circumstances, the defense team received the transcripts of Special Grand Jury testimony by Detective Bradley Gregor and Bean’s former employee Candace Fissell.  Fissell admitted that she had embezzled tens of thousands of dollars from Bean and cooked his books to hide her crime while she worked for Bean as his trusted office manager. The Commonwealth Attorney probably became acutely aware of Fissell’s embezzlement and book-cooking while investigating Bean and long before Fissell confessed to it, but gave her immunity from prosecution anyway. 

To top it off, Commonwealth Attorney James Fisher and his minions Jamey Cook and Russell Rabb, continued their pogrom against Bean while leaving Fissell employed in Bean’s office for MONTHS to do whatever further damage to Bean and his clients that she wished.  The Commonwealth thereby became a witting accomplice to whatever continued embezzlement Fissell chose to pursue. 

Then, according to Bean’s defense team’s Motion to Dismiss for Prosecutorial and  Investigative Misconduct (see link below), agents of the Commonwealth instructed Fissell to go into Bean’s office toward the end of her employment to gather evidence against him without a subpoena, and to give the evidence to them in exchange for immunity from prosecution.  They then used Fissell’s stolen QuickBooks report of Bean’s trust account to justify an effort to revoke Bean’s bond.  The Fauquier Times-Democrat (22 April 2015) reported accounts of what Fissell said.

At the bond revocation hearing, the Commonwealth offered Fissell’s testimony to support its motion to revoke.  The judge responded that he did not need to hear from an admitted embezzler (Fissell), and denied the motion to revoke.  Anyone with common sense should wonder why Commonwealth Attorney James Fisher and the Commonwealth would protect as a star witness an admitted embezzler, Candace Fissell, unless of course Fisher has a hidden motive for destroying Bean’s life.

This skullduggery by the Commonwealth Attorney’s team has become the newest poster child for prosecutorial misconduct.  Bean is the real victim in this mess, and the Commonwealth Attorneys campaigned to destroy him while sending the real embezzler into Bean’s office to sabotage him and help them build their phony case against him. These prosecutors, every one of them, belong in prison for many years.  THEY are the biggest villains in this story because they targeted an innocent man and let the real crook go free. Common sense says that they constitute a real and present danger to ALL of the innocent citizens of Fauquier County because they can target any citizen at any time for any reason and destroy that citizen’s life with utter and absolute impunity.

The defense team received able assistance from the brilliant founder of litigation consultancy firm Law Partner On Call (http://lawpartneroncall.com), a renowned expert in anulling indictments.  

The defense moved the court to dismiss the charges, thereby exposing the rotten underbelly of Commonwealth Attorney James Fisher and particularly his assistant prosecutor Jamey Cook.  Those bad actors apparently manipulated and suborned the Grand Jury through a variety of out and out deceptive and misleading shenanigans.  The prosecutor voluntarily dismissed the tax crime charges and Judge Beck dismissed the indictment for the other charges.

Prosecutorial and Investigatory misconduct (crookedness intended to fool the grand jury into indicting and to flamboozle the defendant into taking a plea bargain conviction without a trial) is RAMPANT across the nation, particularly in Virginia, and MOST particularly in Fauquier County.  Read these indicting proofs:

Get the picture?  Prosecutors in the Lorenzo Bean case have violated Bean’s due process rights in spite of knowing that their star witness, Candace Fissell, admitted embezzling money from Lorenzo Bean’s law firm.  And they know that all others in the firm have steadfastly maintained their innocence and denied any wrong doing.  The public must not ignore this terrible reality when it comes time to vote for its next Commonwealth Attorney.

Now let us take a look at Bean’s amended motion to dismiss that caused Judge Beck to kick out the Lorenzo Bean indictment in order to avoid a blight on the Virginia judiciary.

And take note as you read the motion that it became available to reporter Michael Melkonian who fawned over the prosecutors as he wrote the one-sided article “Legal Mistake Fouls Embezzlement Charges Against Lawyer. He should have entitled it “Prosecutors Destroy Their Case with Misconduct.

SHAME on you Michael Melkonian for regurgitating into the face of readers the disgusting excrement Commonwealth Attorney James Fisher spoon-feeds you. And SHAME on you Editors for tolerating such biased reporting. YOU should have published the motion and resulting order. Why did I have to do it for you? I consider you a disgrace to honest journalism. 

Get the Motion to Dismiss here:


And here I provide the text of the Court's righteous order of dismissal:

------------- COURT RULING -----------------

VIRGINIA:
IN THE CIRCUIT COURT FOR THE COUNTY OF FAUQUIER

COMMONWEALTH OF VIRGINIA
VS.                        CASE NO. CR14-540 through CR14-546, CR15-29 & CR15-30
LORENZO LEE BEAN, III

ORDER

This 18th day of August 2015 came Jamey E. Cook, the Deputy Commonwealth's Attorney and Russell L. Rabb, III, the Senior Assistant Commonwealth's Attorney, and Lorenzo Lee Bean, III, who stands indicted for nine felonies, to-wit: six counts of Embezzlement (Section 18.2-11), Money Laundering (Section 18.2-246.3) and two counts of False Statement on Tax Returns (Section 58.1-348), appeared in Court in accordance with the conditions of the recognizance and was set to bar.

And came also Thomas Plofchan and T. Daniel Griffin, counsel for the defendant.

Counsel for the defendant having filed a Motion to Dismiss for Prosecutorial and Investigative Misconduct, the Court proceeded to hear evidence and argument by counsel for the defendant and the Commonwealth, and, for the reasons stated to the record, said motion is granted, and

It is ORDERED that the indictments in case numbers CR14-540 through CR14-546 shall be and are hereby dismissed, and the Clerk of this Court shall file theses cases among the ended criminal cases of this Court.

Exception of the Commonwealth is noted.

Counsel for the defendant moved that the motions and witness subpoenas previously filed in this matter are hereby withdrawn, and there being no objection by the Commonwealth and for the reasons stated to the record, it is ORDERED that the previously filed motions and requested subpoena, set before the Court are hereby withdrawn.

Attorneys for the Commonwealth advised the Court that it would be the Commonwealth's desire not to prosecute further on the charges in case numbers CR15-29 and CR15-30, objection noted by counsel for the defendant, and for the reasons stated to the record, it is ORDERED that the said cases stand nolle prosequi at this time and the Clerk shall file the case among the ended criminal cases of this Court. Exception of counsel for the defendant is noted.

And the defendant is freed from the conditions of the recognizance and allowed to depart.
A copy of this order shall be forwarded to the Attorney for the Commonwealth, and counsel for the defendant.

ENTER this 18th day of August 2015.
David H. Beck, Judge Designate

Dominion Reporting

Wednesday, August 26, 2015

Alex Kozinski - My Kind of Judge

These three articles show why I have come to appreciate Judge Alex Kozinski
  1. Reasons to doubt the justice of our Criminal Justice System (clues for attacking the prosecutor's case)
  1. Prosecutorial Misconduct has become RAMPANT in the US (clues for nulling indictments)
  1. Reforms that could prevent Prosecutorial Misconduct (maybe someday, Honey)

Wednesday, August 19, 2015

Trump Is Right: Anchor Babies Do Not Rightfully Become US Citizens

Recently Donald Trump disagreed with Bill O'Reilly on the subject of anchor babies in a Fox News interview.  Trump said they do not have US Citizenship.


"Bill, I don't think that they have American citizenship," he said. "And if you speak to some very, very good lawyers — and I know some would disagree, but many of them agree with me — you're going to find they do not have American citizenship. We have to start a process where we take back our country. Our country is going to hell."

O'Reilly says anchor babies do have US citizenship because of the 14th Amendment guarantee that people born or naturalized in the US and subject to its jurisdiction are US Citizens.

Legally, Trump is right and O'Reilly is wrong. Anchor babies are not American citizens even though born in the US because the parents came to the US specifically and only to get the benefits that accrue to them as a consequence of the child's citizen status. First there's the question of being subject to US jurisdiction as children of aliens. Second there's the practical issue of common sense of having ALIEN parents in total control of the child rearing process, and thereby alienating the child against the culture, government, or citizenry. REAL danger comes from alien Islamic terrorists procreating children in the US just to get the benefits of that citizenship, including hamstringing their own deportation.

We see an example of common sense restrictions of constitutionally guaranteed rights in the laws surrounding the 2nd Amendment right to keep and bear arms. The right does not apply to children under the age of 16, 18, or 21, depending on territory and weapon type, or to convicted felons or the mentally defective or illegal aliens, and the law exempts some arms like explosive devices.

And the First Amendment right of freedom of speech does not extend to libel or slander or making false statements to a government employee in performance of duty.

You see? Practical and common sense limits exist to constitutionally guaranteed rights. And such a limit definitely becomes warranted against the granting of citizenship to anchor babies whose parents rear them to have split national loyalties.

It will take a person like Donald Trump in the US Presidency to push through enactment of legislation denying US Citizenship to anchor babies, and to force the issue to a head in the US courts.

See the news story here:

http://finance.yahoo.com/news/bill-oreilly-confronts-donald-trump-130408796.html

DOES THE CREDITOR OWE THE BORROWER A LOAN MOD?




DOES THE CREDITOR OWE THE BORROWER A LOAN MOD?


Many people have suffered when servicers lied to them about the need to miss payments in order to qualify for a loan modification.  But lenders owe borrowers no duty to give them loan modifications.
Lueras, 221 Cal. App. 4th at 68 (defendants "did not have a common law duty of care to offer, consider, or approve a loan modification, or to offer [plaintiff] alternatives to foreclosure," nor "a duty of care to handle [plaintiff]'s loan `in such a way to prevent foreclosure and forfeiture of his property;'" however, "a lender does owe a duty to a borrower to not make material misrepresentations about the status of an application for a loan modification.")
Borrowers should get all loan mod offers in writing, particularly claims that the borrower must miss payments to qualify.
Remember:  An oral agreement isn't worth the paper it's written on!