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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|


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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.



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

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VIDEO: Danbury Peace Coalition Immigration Forum (April 2006)
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A tribute to Hispanic Center Director and immigrant activist Maria Cinta Lowe

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