THE STEINHAUSER ET AL LAWSUIT AGAINST THE CITY OF ST. PAUL
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posted by Bob at Saturday, December 05, 2009
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Saturday, December 05, 2009
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Dr APJ Kalam, President of India given during the inauguration of the seminar on “THE EFFECTS OF CORRUPTION ON GOOD GOVERNANCE AND HUMAN RIGHTS
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24 Comments:
I have not weighed in before this on the saga, but I got bartered into this game so I will share
what little comments may apply.
Thank Heavens for barter.
I want to keep up my side of the bargain. The comments are about the Plaintiffs who believe they caught the City of St. Paul with its pants down regarding Federal Fair Housing and RICO.
The comments are about past history of public corruption.
And getting caught in a tunnel - underground during the night before the inauguration.
And how Judges sometimes forget what is in the Constitution as it relates to the present state of
the rule of law.
First Things First – The City and all Alleged Defendants Are Innocent Until Proven Guilty
Usually who would believe that the
Government would ever do anything wrong.
That is called a presumption, like the assumption that someone is innocent until they are
proven guilty in a court of law. If you have any doubts
about that is how it is supposed to be, check out Court TV, Judge Judy, or Spike or TRU Crime shows.
The perps appear on TV complete with the appropriate disclaimers, even when the cops catch
the bad boys (or the bad girls) in the act.
So those implicated in the lawsuit want all the rest of us to believe the City of St. Paul, and any
and all of the Defendants is innocent until proven
guilty.
And that the attorneys handling the Plaintiffsʼclaims are idiots or worse, out just for the money or
to bad mouth the virtuous angelic Defendants.
So What Happened On the Way to the Trial What trial?
I wondered how a single judge can decide someone is “innocent” when the judge decides that
all by herself without ever letting it go to a jury.
If there are facts in dispute, like knowledge, motive and intent, those factual determinations
almost always have to go to a jury.
Especially in complicated cases involving alleged public corruption.
That is what has happened in most of the rest of the courts across the nation. Usually the Plaintiffs have enough stuff on the Defendants to force a trial.
So why not in this case, is it really over?
THERE IS COPY ERRORS
Did the Judge correctly decide everyone but Magner is innocent.
Even Though Years Are Passing, This Case Is Still Early in its Development
The Bernie Madoff scandal shows that even though the SEC was investigating and a number of
people were complaining since at least 1992, it was only late in “08that anyone really paid attention, and that was not until Madoff himself confessed.
And the Pettersʼ scandal shows that people right here in Minnesota tried for years to turn Petters in to the FBI and US Attorneyʼs Office, only to be
themselves blamed for making false accusations.
And even put into jail by a federal judge, who never
bothered to hold a trial but just decided that Petters
must be innocent seemingly because his lawyers
said so. So law enforcement here in Minnesota does not exactly have a stellar track record, nor do the federal courts, especially Judge Joan Ericksen.
So should the City and the Defendants count their chickens just yet?
At the initial “summary judgment” stage of civil proceedings, arguably no judge is supposed to
make factual findings, determine the credibility of key witnesses, or throw a case out of court unless the plaintiffs have absolutely no proof on key elements of
the case.
So I Agreed to Analyze This Case and Report Back From DC – All For a Hot Ticket I figured that the worst that could happen is
that while I was out in D. C., I could ask someone, someone with lots of experience with federal and
Constitutional law. Someone who might be at the Inauguration, or someone who was left over from the
Bush administration, you know, looking for work as a
lobbyist or whatever it is that leftover Bushies can do… like advocate for lower taxes and smaller government,
the exact opposite of what happened under W.
OK, So We Know That Sometimes the
Government Screws Up
Maybe somewhere else, like down in New Orleans during or after Katrina, or when someone
high up approved torture, Blago tried to sell pay for
play on a Senate seat, or someone with a first name that is only one initial faked the reasons for going to war, or how to count hanging chads—- but not in
Minnesota.
No, we are special up around here, we are all Minnesota nice.
But this Publisher has run stories about public corruption involving Judge Joan Ericksen, dating
back to 1992 during her tenure as an assistant United States Attorney, back when her married name was Joan Ericksen Lancaster. And city corruption or
misconduct or fraud.
So he would go to Mayor Rybackʼs breakfast and I would go out to D.C. And the Publisher knew I wanted to go to the Inauguration, he knew I was involved in helping to establish a nationwide barter exchange for businesses
in Minnesota, so one thing led to another.
He bartered for an article and an ad, and I bartered for the hottest ticket to the biggest event this
side of the Oscars.
I promised to use my Blackberry to format and send this article directly in to the Watchdog, from
right out at the Inauguration.
Obama is not the only person who loves his Blackberry.
Unfortunately for me, a Blackberry does not always work when it is trapped down in a tunnel.
You guessed it. I got trapped with hundreds of others down in that red and blue tunnel. Me, my
Blackberry and hundreds of angry ticket holders, all believing that Change was Coming, surely change
was coming and the police or someone in authority would let us all out of the tunnel so we could get to at least one event or one Ball, wherever they were
being held, somewhere up there above the tunnel.
But while I was trapped out at the
Inauguration, down in that tunnel, and I couldnʼt find
any leftover Bushies, and no one in authority, I tried
to connect with my sources back home here in the Twin Cities, by cell phone, so we could talk about the rule of law and the Constitution.
So even though I couldnʼt get to the Balls, I did get hooked up with my friend Nathan, back here
in the Cities.
Staying Connected – I Got People So the Publisher Got People
We chatted a little to bring each other up to
speed.
We both agreed that according to the recent ruling of the Hon. Joan Ericksen, no one has caught
the City in anything unless she counts Mr. Magner as
having been caught running his own separate extortion
business on City time and on the publicʼs dime.
For some reason, Judge Joan Ericksen didnʼt find anything wrong with Magnerʼs running his
own extortion racket, or even bother to ask if doing it
on City time with City Council approval might not be
something that should go to a jury, as to knowledge,
motive and intent.
Maybe the standards for right and wrong really got undercut during Wʼs reign, but no one has
told the rest of us that the rule of law maybe got thrown totally out the window during the last eight or
more years.
Thankfully, the City and Magner can count on a federal
judge to know more about how to fail to apply
the law than the rest of us mere mortals.
What, Me Worry?
The only comment from Steinhauserʼs attorney
was that he believes this will still all end up
before a jury.
What is that attorney thinking?
Didnʼt Judge Ericksen completely pull the
rug from under that lawsuit in her ruling.
Only time will tell, because as this one of my
best friends said, “This is why we should be more
thankful that we live in a country with checks and balances,
both vertical and horizontal.”
Since all too often before he took the cure,
we would find Nathan confused about which way
was up, let alone which way was the highway, so he
still has a ways to go to earn any respect…I had to
call him back from the tunnel to ask him to clarify.
“Nathan, do you need a lifeline to help us
understand whether or not anyone should think that
Judge Ericksenʼs ruling might as well be the last
word on that lawsuit?”
“No, Dave” he said in between bites of what
I took to be the latest pizza-to-go bargain with double
cheese. He always has been addicted to double
cheese, as well as other things.
Sometime I should tell you about when he
tried to walk from Duluth to the Twin Cities barefooted,
and ended up in Thunder Bay pretending to be a
landlord, but not now.
So I waited until he said, “Itʼs like global
warming, if you canʼt stand the heat get the heck out
of the kitchen.”
“But Nate” I urged him on…”Global warming
has happened many times before in world history
according to fossils and glacial ice borings. It kind of
swings one way and then back, and just now while
people are certainly concerned and convicted, which
is definitely a “good thing” no one can truly rule out
such climate swings.”
“That my bro is just the point. No one can
rule out such swings and reversals in legal matters,
just like no one can rule them out as to climate
change.”
It sounded a little like Nate was shucking
and jiving to keep our attention, if not to hope to
make a buck.
He does paralegal work from time to time, or
so he calls it.
“Nate, what in the world could Judge
Ericksen have left open for reversal on appeal. She
is a very experienced Judge. She even has been
documented to have engaged in planning major
bankruptcy fraud and breach of contract in her prior
life as an Assistant United States Attorney under her
married name of Joan Ericksen Lancaster.”
“Listen up, Dave. Her ruling in the St. Paul
case may not have much to do with that deposition
nailing her for participating in a massive fraud on
Judge Diana Murphyʼs Federal Court dating back to
1992. Ericksen was served with the deposition, and
never denied any of the testimony, and never made
any corrections. So that deposition stands, and she
stands accused. That you can read about on the
website HYPERLINK “http://www.badjustice.net”
www.badjustice.net.”
So Is Judge Joan Trying to Throw The St. Paul
Case For Money?
Our conversation over the cell phone from
the tunnel continued. I could only hope that none of
us trapped down there was getting tunnel vision.
”1992. That is old hat, almost before McCain
was elected to his fourth term and helped carry out
the Charles Keating Lincoln Savings and Loan scandal.
But I donʼt think that Judge Joan Ericksen is getting
paid off to make her rulings. No, it is much more
likely that the powers that be are either hoping or
counting on her making such rulings, to keep
Minnesota nice as a pretext for pretending that no
one in St. Paul or environs ever, ever did anything
wrong, and especially to keep the public from catching
on to local pay to play or other frauds.”
“So what might work to undo Judge
Ericksenʼs ruling. If she isnʼt doing it for the money, is
she doing it because of how she got to be a judge
and to whom she had to pay to play?”
“Why, maybe…but if there is hope, it is
founded in the rule of law, thatʼs what.”
“Donʼt tell me you want us to believe in the
tooth fairy, or that W stands for a Wonderful sure
enough straight shooter who didnʼt do what he did,
no not really.”
“No tooth fairy, no, but maybe, just maybe
times really are changing, just enough. Why look at
the Pettersʼ scandal, and how many people tried to
expose his misconduct, only to be crushed like a
bug, some even put in jail themselves. And look at
the Bernie Madoff mess. Talking Points Memo
reported that dating back to 1992, a number of people
at the SEC were investigating Madoff and/or his
accountant, only to let them loose to roam free and
continue looting. And some local lawyers are hot on
the trail of a legal scandal that is a mirror image of
Madoffʼs, only with other federal agencies
involved…the other side of the coin, so to speak,
where the federal agencies were responsible for the
missing assets and covered up the fraud..”
“So you think that just because it is now OK
to confront fraud committed by those who previously
were virtually untouchable, whose reputations prevented
anyone from ever believing the whistleblowers
or complainers, that NOW things have really
turned around and not only is it OK to complaint, but
those in authority will start to take action, to investigate
and to do what has always been called, ʻfollow
the moneyʼ”.
“Yup.”
I thought for a minute he had only burped,
but it mos def was a “yup.
“So what money will they follow in the St.
Paul case?”
“That my friend is the multi $$ million dollar
question.”
“You arenʼt saying that Judge Joan Ericksen
got any money for making her ruling?”
“Heaven and Earth no. It is not what she got,
it is what she seemingly forgot.”
“Come on Nate, donʻt hold out on us. Cut to
the chase.”
In the background, I thought I heard that current
little ditty, something like “One, two, three, four,
tell me a foot note you love more…”.
But just then the cell phone dropped our call,
and I couldnʼt raise him again in time for this press
run.
Maybe we can pin him down for the next
issue.
It was only after I got home that I learned
that Chief Justice Roberts flubbed the swearing in
oath of office, for President Obama.
Roberts, arguably one of the most powerful
and most respected Federal Judges apparently forgot
what was written in the Constitution, even with a
lot of practice.
If Chief Justice Roberts can forget about
what the Constitution says, could it be Judge Joan
Ericksen for the time being might just have forgotten,
too?
Only time will tell.
by DAVID JUNGBRO
I think Frank has smelled out a particularly big rat, and he has the guts to stand up for what he thinks is right.
On the other hand, there are city officials and inspectors who have bet the system has failed, and they can do any damn-fool thing they please.
A lot of people are watching this to see if justice will ultimately prevail. Personally, I'd be disappointed if the landlords' lawsuits fail.
I think Frank is doing a good job, anytime people stand up to these con men in government.
I was kick and pushed aside by city officials and anyone that felt they might have to shut me up did so, me or the government had a case and as we all see the government tries to silent's the people with the good gripes.
.
Bill Dahn
www.billdahn.com
.
PS. Speak Out or forever hold your tongue.
I am praying for you and the other plaintiffs Frank.
Out of respect for Steinhausers Tenacity The Whole System may be brought down by High Tech Files
Hang Tough Evidence of Citys Wrong Doing Overspending ie: Refrigerated Ice Rinks in MN is costy waste, Public Works Snow Plow and Leaf pick up before needed, The Biggest DSI's Antitrust against the Taxpayer,Business,Homneowners
How about praying for children who grow up in abusive homes and go to bed hungry in America?
How about praying to end wars, like in several African countries where eight year olds are forced to fight with Ak-47's during the and cry holding a teddy bear at night?
Or for children who find themselves without family or love ones in their lives?
You people think God only sees certain Christians in the United States alone.
Where have you guy's been, in a cave? This case is over!
I think the case is far from over! It'll be over when the Appeals Court says it's over and I doubt very much that they're going to set precedent that it's OK for people to start destroying evidence and then come to court and get lawsuits dismissed because the other side doesn't have the eveidence. God help us if they do.
If it is over, some judge isn't honest.
Who ever what's the public to know how corrupted city really is.
So, how much are the lawyers paying people to write this silly stuff? I mean come on it serves one purpose and that is to have the plaintiffs waste more money on their lawyers.
What is spelled out there is exactly all the judge said the case was... a bunch of accusations all with no evidence at all, but are supposed to be believed because there are so many of them...
I am sorry, I am not a lawyer but I know enough to know that at this point you need to show some real facts that have the potential to be evaluated by a jury in a trial. What the judge said was you had no facts. You had nothing to potentially show a jury as evidence. You could have made an opening statement... then presented nothing... she saw nothing in all of the boxes of emails that at all showed anything that resemble RICO at all.
You had discovery, you had depositions and in all of that you still had what you started with... accusations and no facts.
JMONTOMEPPOF
Chuck Repke
5:41
As a Christian, I am interested in values and the truth, and note there has always been hypocrisy and wild claims in the name of religion.
Keeping track of the changes in the city's enforcement actions, and their resulting upheaval to families, I question them as unprecedented and excessive. I too am praying for the plaintiffs in these cases, and hope the city comes to its senses.
7:01
You are no Christian. You're a poser and a phony.
You don't tell God what the outcome of anything should be. You pray for justice and God's will. God has a plan and you don't know what it is. You don't even know the details of this case-nobody knows everything about it, only their sides.
You're just as bad as those idiots who pray for money or to get some gift, like God is some Santa Claus. Your prayers need to be full of grace and acceptance.
This country is so messed up and stupid. No wonder it leads the world in nothing and some of you are still talking about its the greatest country on earth.
8:19
You are going to rot in hell along with some of your inspector friends.
Thanks Frank for your fight with city hall and this brings to mind.
He Who Laughs Last,
Laughs Best!
Look people, get a grip.
Steinhauser went to court with accusations and anecdotes but no evidence and nothing that directly bore on a matter of law, so the case got tossed. That's the bitch of it in court, you have to have facts and those facts have to point to a question of law. If not, you get dismissed.
Don't get me wrong. I think just about every motherfucker at DSI deserves to be hauled out on Fifth street and strung up from the fucking lampposts. For what they done to this city death is too good. I only pray I am here when the revolution hits and I can dish out the justice those gutless coward thugs deserve.
But this case isn't it.
So this slumlord is your Messiah?
I hope this blog stays up for everyone to see.
Anonymous said...
So this slumlord is your Messiah?
I hope this blog stays up for everyone to see.
8:39 AM
My response;
First of all, why would you make blanket assumptions of this town hall over the comments of one or 2 anonymous posters. That's silly!
All walks of life attend community meetings and some folks have said some really dumb stuff over the years at community meetings in Saint Paul. So do we label everyone in Saint Paul stupid? This is a electronic town hall meeting of citizens in Saint Paul. All walks of life read and participate here. NO ONE IS EXCLUDED LIKE AT THE PHONY TOWN HALL OVER AT SPIF.
Your comment is just another sorry ass attempt at discrediting this town hall. I can only ponder your disdain for A Democracy. Generally people who are objectionable toward this town hall are folks with something to hide.
FACT is there is NO blog in the metro area that covers housing issues to the extent we do here.
Another fact is---> A Democracy town hall will be here for a very long time! I have a responsibility to those who participate here. It is folks like you 8:39 who fuel my fires of activism.
"We are on a truth seeking mission"
Great Bob
We all know when the City of St.Paul and their Bad decisions make good stories.
Billy D.
Keep up the battle with the city, just to show we as people are not "quitters"!
Chuck and Eric are on the side of the most Crooked Party in the USA and
They tried their best to discredit all who comment against the city and post their views on us be it true or not.
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