The case against John McGowan, day five: Endless subpoenas and bizarre motions to dismiss

Tuesday, November 17, 2009
Time: 2:23 PM

Sorry for the delay but here's the latest in the rape case against John McGowan.

The former mayoral candidate, vice president of Elise Marciano’s anti-immigrant hate-group, United States Citizens for Immigration and Law Enforcement, and prominent figure in the xenophobic movement in the greater Danbury area whose case is receiving national attention, was arrested on a first degree sexual assault charge.
Here’s the disturbing details:
In the 13-page affidavit, the woman describes a variety of sexual encounters to which she consented, but she claimed that on Oct. 20, 2008, after attending a meeting at McGowan's church, he assaulted her anally at a house he was building on Juniper Road in New Milford.

The woman told police she said, "What are you doing?" and "Stop," but McGowan instead "put his right arm around her neck and put her in a headlock," according to the affidavit.

After speaking with counselors at the women's shelter in Danbury, the victim went to New Milford Hospital on Oct. 22 and hospital personnel called police, according to the affidavit.

PART ONE: Self-representation

*As a side note, entering day five, as I entered the chambers at Litchfield Superior court, I noticed that McGowan’s local access show partner Kevin Gallagher joined his so-called “support” group. Sharing in McGowan’s various common “beliefs”, Gallagher has been seen with Else Marciano’s sidekick after the first day of the trail at TK’s restaurant, as well as days before his third court appearance. This is the first time I've seen Gallagher in court.

The start of the fifth day of the trial began by Judge Ginocchio asking McGowan if:
  • he would be representing himself,

  • if he was aware of the charge against him,

  • if he would be representing himself, that he would have to follow the rule of law and CT general statues

  • he understood that he had the option of hiring an attorney yet it is not his intention to seek legal counsel

  • understood what the prosecution had to prove in this case

  • he’s undergoing any mental health issues or seeing a doctor for any mental health issues

In a nutshell, the judge questioned McGowan about self-representation because, unlike the competency hearing, we’re at a stage of the trail when the prosecution is going to present evidence and basically laying out the case against him.

As he clearly demonstrated thus far in the trial in his ramblings about jurisdiction, McGowan’s bizarre behavior in the courtroom will only hurt him as the trail enters the next phase. Yet, in his answers to the judge, the anti-immigrant activist continues to insist that he’ll represent himself at this time and acknowledged that he understood the charges against him (first degree sexual assault carries a penalty of up to 20 years in prison).

PART TWO: McGowan’s strange subpoenas and motions to dismiss the case

After dealing with the issue of self-representation, Judge Ginocchio moved to the next issue at hand, McGowan’s subpoenas motions to dismiss the case…and lets just say, McGowan’s request are ridiculous to say the least.

According to court records, McGowan issued a series motions to dismiss the case...get ready to shake your head:
Motion 1:
During the time in which Dawn Gallo walked away into the jury box, Judge James Ginocchio was acting as the prosecution.

Motion to dismiss

Motion 2:
I turned myself in and was not immediately brought to a magistrate with jurisdiction, but instead was set to Bantam Court on a different day and then set to Litchfield court on a different day

Motion to dismiss

Motion 3:
Prosecutor Dawn Gallo walked away during the 1st proceeding stating, "I don't want any part of this" and proceeded to walk to the juror box.

Then conspired with the judge to deny me my sue process by sending me to a psychiatric examination during a time I had to be in court in violation of 18 USC 241 & 242.

Motion to dismiss


Motion 4:
Court clerk hasn't provided to me certified copies of case file required.

Motion to dismiss

Motion 5:
Judge has asked me to set a psychiatric evaluation. I request that you provide me documented evidence that shows you have the authority to order a secured party creditor to do so.

It is not under the jurisdiction of this court, or the jurisdiction of the United States Corporation. Documents have already been provided for you that I am not a citizen of your corporation or under your jurisdiction.

I do not refuse this evaluation. I do require that you give me proof I request before I submit to it. I do not believe you have the authority to order this evaluation and I believe there is no evidence to the contrary.

Any attempt to force me against my will is denial of due process, obstruction of justice, fraud, and racketeering, by the office of the court.


McGowan also filed a series of so-called “subpoenas” against members of the police department as well as the prosecutor who’s handling the case.

After stating to McGowan that he would not deal with his the issue of his “subpoenas” at this time, the judge set a date of December 15 at 2 PM to deal with McGowan’s strange motions to dismiss.

Overall, up to this point, we're no where near the point where we'll get to the matter at hand, the details of the alleged sexual assault. At some point, this case will move forward and the prosecution will be allowed to present the case against McGowan. The only question that remains is when will McGowan take this case seriously?

posted by ctblogger at 2:23 PM | Permalink|

0 Comments:

Add a comment

© 2024 Hat City Blog | READ, WATCH, AND LEARN.
No part of the content or the blog may be reproduced without prior written permission.
PEOPLE-POWERED MEDIA.

Creative Commons License
This work is licensed under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License

INDEPENDENT PARTY OF DANBNRY
DATABASE COMING SOON


“Facebook”“Twitter”“Email”

trans_button
CITY OF DANBURY VIDEO ARCHIVE (Dec 2012-present)

The Mercurial (RIP)
Danbury News Times
Danbury Patch
Danbury Hamlet Hub
Danbury Daily Voice
Tribuna Newspaper
CT News Junkie
CT Capitol Report

10.03.18 (PDF):
"Approval of Danbury Prospect Charter School"

10.30.20 (HatCityBLOG VID): Charter School discussion during 2020 interview with Julie Kushner

2018 (RADIO): WLAD
"State Board of Ed signs off on Danbury charter school proposal"

08.20 (VID): CT-LEAD
"Stand up for Education Justice" Rally

08.20.20 (OP-ED): KUSHNER: "Charter schools are not ‘magic bullet’ to improving Danbury schools"

09.13.20 (OP-ED): CHAPMAN
Candidate for state Senate supports charter school for Danbury

01.15.21 (VID): CT-LEAD
Danbury Prospect Charter School press conference

03.19.21 (OP-ED): CT MIRROR
"Danbury leaders do not want a charter school"

04.01.21 (OP-ED): CT-LEAD:
"Why did Sen. Kushner vote against us?"

05.06.21 (VID): Danbury rally to fully fund public schools

10.07.21 (VID): Danbury City-Wide PTO "Meet the Candidates" education forum

10.07.21 NEWSTIMES
Danbury candidates quarrel over charter school, education funding

01.10.22 NEWSTIMES
"New operator named for Danbury charter school: ‘I’m a huge advocate for parent choice’"

01.10.22 NEWSTIMES
"Some Danbury Democrats ‘open minded’ about charter school after new, CT operator named"

01.21.22 (OP-ED): CT MIRROR
"Lessons from Danbury: Ending the dual process for charter school approval"

02.09.22 NEWSTIMES
"Proposed Danbury charter school won’t open in 2022, governor leaves funding out of budget"

02.18.22 NEWSTIMES:
Danbury residents plead for charter school funds in 9-hour state budget hearing: ‘Just exhausted’

03.05.22 (LTE):
Time has come for Danbury charter school

03.12.22 (OP-ED): TAYLOR
"Why I am excited about the Danbury Charter School"

03.16.22 (LTE):
"Why a Danbury Charter School?"

04.02.22 CT EXAMINER:
"Crowding and a Lack of Options for Danbury Students, But No Agreement on Solutions"

04.04.22 (OP-ED): DCS
"Danbury Charter School plans debut"

04.07.22 (PODCAST): (CEA)
"SENATOR KUSHNER DISCUSSES POINTS OF OPTIMISM FOR DANBURY PUBLIC SCHOOLS"

04.18.22 (VID): CT-LEAD
Protest press conference

04.25.22 (RADIO): WSHU
Latino group call on Connecticut lawmakers to open a Danbury charter school

06.03.22 (OP-ED): KUSHNER:
"Career Academy ‘a great deal for Danbury"

trans_button
On September 26, 2007, ten plaintiffs filed suit in response to an arrest of aday laborers at a public park in Danbury, Connecticut. Plaintiffs amended their complaint on November 26, 2007.

The amended complaint states that plaintiffs sought to remedy the continued discriminatory and unauthorized enforcement of federal immigration laws against the Latino residents of the City of Danbury by Danbury's mayor and its police department.

Plaintiffs allege that the arrests violated their Fourth Amendment rights and the Connecticut Constitution because defendants conducted the arrests without valid warrants, in the absence of exigent circumstances, and without probable cause to believe that plaintiffs were engaged in unlawful activity. In addition, plaintiffs allege that defendants improperly stopped, detained, investigated, searched and arrested plaintiffs. Plaintiffs also allege that defendants violated their Fourteenth Amendment rights when they intentionally targeted plaintiffs, and arrested and detained them on the basis of their race, ethnicity and perceived national origin. Plaintiffs raise First Amendment, Due Process and tort claims.

Plaintiffs request declaratory relief, damages and attorneys fees.

CLICK HERE TO READ/DOWNLOAD MAYOR BOUGHTON'S DEPOSITION

CLICK HERE TO READ/DOWNLOAD MIKE McLACHLAN (then MAYOR CHIEF OF STAFF) DEPOSITION

Danbury Area Coalition for the Rights of Immigrants v.
U.S. Dept. of Homeland Security
3:06-cv-01992-RNC ( D. Conn. )

(02.25.08) Court docket

(10.24.07) Memorandum in Opposition to Defendant's Emergency Motion for Protective Order

(09.26.07) Press Release

(12.14.06) Complaint


Barrera v. Boughton, No. 07-01436
(D. Conn. filed Sept. 26, 2007)

(02.25.08) Court Docket

Amended complaint

Defendants' Motion to Dismiss for Lack of Subject Matter Jurisdiction

Defendants' Motion to Dismiss State Law Claims

Plaintiffs' Opposition to Motion to Dismiss

Order on Motion to Dismiss

Defendants' Answer to Amended Complaint

NEW HAVEN REGISTER: Immigrant's 2006 arrest was flawed Danbury mayor testifies

(10.05.07 (VIDEO) Boughton mislead the public about Danbury's involvement in raid

(09.18.07) Yale Law Students expose Danbury involvement in raid

(12.14.06) VIDEO: Interview with Yale Law Students at FOI presser

(12.14.06) VIDEO: Danbury 11 FOI complaint media roundup

City Clerk Jean Natale standing next to skinhead sparks outrage

(10.03.06) VIDEO: Danbury 11 rally

(09.29.06) VIDEO: Danbury 11 case deepens

Word of raid spread across the country

(09/29/06) VIDEO: Danbury 11 protest news conference

(09/29/06) Immigrant newspaper "El Canillita" gives best account of ICE day labor raid at Kennedy Park


trans_button Santos Family Story
VIDEO: Tereza Pereira's ordeal with ICE agents

VIDEO: Danbury Peace Coalition Immigration Forum (April 2006)
featuring Mayor Boughton and Immigration attorney Philip Berns

VIDEO: 2007 Stop the Raids immigration forum at WCSU

2007: Community protest anti-immigration forum

A tribute to Hispanic Center Director and immigrant activist Maria Cinta Lowe



trans_button
2023 MUNICIPAL ELECTIONS

Results:
11.15.23 Recanvass return
(Head Moderator Return Format)

11.07.23: Election night returns
(Head Moderator Return Format)

11.07.23: Initial returns


ESPOSITO FINANCE REPORTS:
Oct 10 2022
Jan 10 2023
Apr 10 2023
Jul 10 2023
Oct 10 2023

ALVES FINANCE REPORTS:
Apr 10 2023
Jul 10 2023
Oct 10 2023

CAMPAIGN SLATE DATABASE
Dem/GOP slate/ballot position

VIDEO: DRTC convention
VIDEO: DDTC conveniton


2021 (ALVES/ESPOSITO)

TOWN COMMITTEES
(VID) DDTC nomination convention
(PDF) DDTC campaign slate flyer

(VID) DRTC nomination convention
(PDF) DRTC campaign slate flyer

FORUMS/DEBATES
(VID) 2021 Danbury City-Wide PTO educational forum

CAMPAIGN FINANCE
First quarter
Alves Apr 10th SEEC filing

Second quarter
Alves Jul 10th SEEC filing
Esposito Jul 10th SEEC filing

Third quarter
Alves Oct 12th SEEC report
Esposito Oct 12th SEEC report

CAMPAIGN MAILERS
Alves "Jan 6th" attack mailer 10.21.21
Esposito "you can't trust Alves" attack mailer 10.20.21
Alves mailer 10.20.21
Alves mailer 09.30.21
Esposito mailer 09.28.21
Alves mailer 09.27.21
Esposito mailer 09.27.21


PAST CAMPAIGN COVERAGE

2005 (BOUGHTON/ESPOSITO)
Danbury 2005 election results
Newstimes Dean Esposito profile (10.25.05)

2007 (BOUGHTON/ABRANTES)
Danbury 2007 election results
(VID) Helana Abrantes TV ad
(VID) BRT tax deferral presser
(VID) Helena Abrantes "Community Forum" interview

2009 (BOUGHTON/GONCALVES)
Danbury 2009 election results
(VID) 2009 Danbury City-Wide PTO educational forum
(VID) 2009 Danbury Chamber of Commerce mayoral debate
(VID) 2009 DDTC nomination convention

2011 (BOUGHTON/TABORSAK)
Danbury 2011 election results
(VID) Saadi/Nero campaign kickoff

2013 (BOUGHTON/NO DTC ENDORSED CANDIDATE/MCALLISTER)
Danbury 2013 election results
(VID) 2013 DDTC nominaiton convention

2015 (BOUGHTON UNCHALLENGED)
Danbury 2015 election results

2017 (BOUGHTON/ALMEIDA)
Danbury 2017 election results
(VID) Al Almeida concession speech
(VID) 2017 Danbury City-Wide PTO educational forum
(VID) Al Almeida nomination acceptance speech

2019 (BOUGHTON/SETARO)
Danbury 2019 election results
(VID) 2019 NewsTimes Editorial Board interview with Mark Boughton and Chris Setaro
(VID) 2019 Danbury City-Wide PTO educational forum
(VID) 2019 Danbury Chamber of Commerce mayoral debate
(VID) 2019 convention endorsement speeches from Mark Boughton and Chris Setaro