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Reports of Ecuadorian man death stretch to his homeland

Saturday, January 30, 2010
Time: 8:01 PM

ETV Telerama
ETV Telerama


Video courtesy of TV Telerama Online/Cuenca Al Dia : Nov 27 2009




The media reports of the victim in connection with the arrest of property owner Joe DaSilva Jr. stretch beyond the borders of this country.

The tragic death of Ecuadorean Luis Encalada Bueno received a deal of media attention in his homeland back in November of last year. The video on top of this post is from a report by TV Telerama Online/Cuenca Al Dia which was published on Nov 2009 (non-translated). For those who only speak English, the images alone tell the story.

Also, with the assistance of the Tribuna, the News-Times did a write-up which includes a translated article from El Tiempo, a newspaper in Ecuador.
The Ecuadorean man who died in November after an apparent beating on Town Hill Avenue in Danbury left behind a wife and nine children in his home country.

Luis Encalada Bueno, 42, was buried by his family Nov. 29 in his native town of Zhidmad, Ecuador, 23 days after his death in Danbury.

[...]

Encalada's family said he immigrated to the United States seven years ago, seeking to earn an income that would help improve living conditions for his family, which includes eight children 18 or younger, two of them special needs youths.

Encalada lived in Connecticut for the full seven years and worked in construction. In the last few weeks of his life, he reportedly found himself unemployed and without money.

"He told us he was looking for work, that the things were not good over there, and that his intention was to stay for another three years and to return home," explained his wife, Hortensia.

"He came home dead," she said.

I encourage you to read the entire piece over at the News-Times website.

This is a developing story...




RELATED POST:

El TIEMPO (original Ecuadorian article which was later translated by the Tribuna for the News-Times): Migrante muerto a golpes será enterrado en Zhidmad

BREAKING NEWS: Palace Theater owner arrested on homicide charges

Friday, January 29, 2010
Time: 9:22 PM

Whoa!
Joseph DaSilva Jr., the owner of the Palace Theater on Main Street, turned himself in on homicide charges Friday.

DaSilva, 50, who owns a real estate business at 288 Main St., is facing charges in connection with the death of an Ecuadorian man who died from internal injuries on Nov. 6 after being found in a driveway at Town Hill Avenue.

DaSilva is charged with first-degree manslaughter, first-degree assault and two counts of third-degree assault.

...whoa.

UPDATE: The News-Times has an update on DaSilva's arrest:
Luis Gerardo Encalada Bueno, 42, was found injured Nov. 6 in the driveway of an apartment building on Town Hill Avenue and died later that day at Danbury Hospital, according to police, who said they did not know where he lived.

"He died of some sort of internal injuries," police spokesman Capt. Thomas Wendel said in November. "They could have been caused by a natural event, such as a fall ... or by an act of violence."

Police said Friday that DaSilva turned himself in at police headquarters after being notified that the department had a warrant for his arrest.

The arrest warrant was issued Friday by a state Superior Court judge in Danbury.

Mayor Mark Boughton said he learned of DaSilva's arrest from Police Chief Al Baker, who called him at about 6:30 p.m. Friday.

"From my understanding it's DaSilva the Palace owner," Boughton said. "I don't know any of the details. I'm surprised, and I just can't comment any further.

"It's a police investigation, a police matter, and we got to let them do their jobs," the mayor added.

This is a developing story...

He can't be serious?


Time: 8:42 PM

Come on now...does he think anyone in the state is buying this line?
He [Boughton] added that the Web site, pages of which were removed Friday morning shortly after they were discovered by the media, were "simply drafts that are part of the exploring process you do to see what a site would look like."

He added that the pages weren't intended to be made public and that "someone spent a lot of time and energy trying to find the right URL, but it's simply some draft pages."

While I appreciate the mayor's acknowledgment of my efforts to debunk his nonsense regarding whether or not he's running for governor, this latest denial is simply laughable.

Lets recap:

1. On January 4th, the mayor is quoted in the media stating that he's ALREADY MADE UP HIS MIND regarding whether or not he's running for governor.
Mayor Mark Boughton said Monday he's made his decision about running for governor, but he won't announce his intentions until February.

"A decision has been made, and you will be hearing about it shortly, one way or the other," he said.


2. Back on January 20th, the mayor purchased the website domain "boughtonforct.com" and the site pointed to nothing.



3. After reporting on his purchase, the mayor re-directs the domain to his mayoral website.

4. This week, the domain was re-directed from the mayor's campaign page, to a blank page and a fully developed gubernatorial campaign files were placed in a folder on the server for testing purposes (which is quite common when it comes to testing a site on different platforms).

BOG

5. The creation of this site (which is complete with a fully functional online donation page), appeared to be about 95 percent complete and, as a fellow web designer, probably cost Boughton quite a bit of money.

6. Also on the website is a News Section that includes the mayor's biography.



7. ...and I'm not even going to comment on why the mayor's chief of staff is the contact person on his gubernatorial announcement release (thanks a lot Dirk for outing that tidbit of controversy).

YET, the mayor's continues to deny the obvious and claim that the site (and all it's contents) is just a "draft" and doesn't mean anything.

If anyone wonders why I call Boughton the last honest man in Danbury, his laughable denials should give you a clue.

Danbury 2.0 city website to launch soon


Time: 3:28 PM

According to sources, city hall is placing the finishing touches on the revamped city website.

The new website is an improvement with an easier interface, and interactivity with social networks.

Danbury_2.0

Danbury 2.0 is still in the beta stage and there is still room for improvement. Hopefully, the site will be tweaked out and officially go online soon.

You can get a sneak peak of what's to come by clicking here.

Giving credit where credit is due


Time: 11:23 AM

A word on my post from this morning.

Seeing that typing www.boughtonforct.com takes you to a blank page, finding the backdoor to Boughton's gubernatorial website wasn't an easy task. The home page of websites end with the index.html. In order to get to Boughton's site, you needed to know the particular folder where the site is temporarily stored...and in this case, the site was placed in a temp folder named "home." Finding a backdoor to a site is kind of like picking a lock and it took me about 30 minutes of brainstorming before stumbling upon the site.

Basically, finding the mayor's site takes a bit of knowledge of HTML web design and is something that a reporter wouldn't just stumble over (for credit, a commenter on the News-Times website leaked the admin page to Boughton's site last night (which was also posted on Facebook), but I found the site before the message was posted).

Although, I posted my write-up a little after midnight today (and around 3:30 AM on the my blog at the News-Times, lets take a look at News-Times reporter Dirk Perrefort's write-up from this morning (which was filed at 9:16 AM).
The development of a Web site under a domain registered last week by Mayor Mark Boughton declares that he will indeed enter the governor's race.

The site, www.boughtonforct.com, includes a welcome page that states "Mark Boughton for Governor, People over Politics." The Web site also has a link where people can contribute to his campaign.

On Thursday state GOP chairman Chris Healy confirmed that Boughton, a Republican who was recently elected to his fifth term as the mayor of Danbury, was seeking the state's top elected post.

[...]

Boughton continued to be evasive Thursday when asked about the latest developments, referring all questions to an announcement ceremony he has planned for Monday at the Stony Hill Inn in Bethel.

Things to consider:

1. No mention of yours truly being the individual who found Boughton's website.

2. There is no way the evasive comment from Boughton had nothing to do Perrefort questioning him about the existence of the website...because I found it first and posted my write-up online after midnight this morning (as in Friday morning).



Now, if you take a look at the upper and lower right hand corner of the screen shots of Boughton's site on Perrefort's blog posting he did AT 8:54 AM today and you'll see something very interesting.



Here, let me enlarge it for you...

Dirk_screenshot

1. Perrefort his the word "hatcityblog" in his search box.

2. Perrefort made this snapshot at 8:51 AM today...three minutes before he push the publish button on his post.

So lets recap:

  • Finding the backdoor to Boughton's website takes a bit of web design knowledge.


  • Dirk Perrefort is a reporter, NOT a web designer.


  • Perrefort does TWO stories on Boughton's gubernatorial website this morning (complete with screenshots fo the site).


  • A look at one of Perrefort's screen shots clearly has the words hatcityblog in the search box as well as a timestamp that indicates that he made the snapshot at 8:51 AM.

  • There is NO WAY Perrefort came across this website without learning about it by viewing my site first. Again, it wasn't like Boughton's site was out there in the open for everyone to see.

    Look, I'm not one to bash the News-Times...hell, they gave me a blog on their site so I know that read and respect my stuff. The only thing that pisses me off is when an individual doesn't give me the credit that I deserve. Lord knows I take GREAT detail in giving proper credit to any piece of work I link to this site. All I ask is the same courtesy...especially when other news organizations are quoting the News-Times as the media outlet that first reported on this story (which we all know is not true).

    -nuff said.

    (h/t to you know who for the heads-up)

    UPDATE: Thanks to WTNH's ConnPolitics for mentioning my post on Boughton's site.

    BREAKING NEWS: Boughton gubernatorial website exposed


    Time: 12:44 AM



    Mark Boughton in denial: Jan 22
    Recently (Wednesday) I purchased the domain names “BoughtonforConnecticut” and “BoughtonforCT”- to ensure that if I chose to run for an office in  the State of Connecticut I could use the names that I wanted.

    If not, I can keep the url’s and set up another site or just keep them pointed to mayormark.com. I wanted these addresses, I did not want any other addresses, particularly one that specifies an office or a date so that it could be flexible (can’t use a 2010 date in 2011).

    The cost was thirty five dollars on my credit card.

    Not sure what all the hullabaloo is about, or the unnatural fixation by some, but there you have it.

    As someone who's knows a thing or two about the last honest man in Danbury, I laughed out loud when I read his post. No matter who the mayor is spinning to the media, Boughton bought the website "boughtonforct.com" for a simple reason…because he named his campaign"Boughton for Connecticut."

    Which brings me to the web domain Boughton bought recently. Look what happens when you type "www.boughtonforct.com/home"

    Boughtonforct_homepage

    That's strange, I think this looks like a website for someone who's running for governor. And what's that I see in the lower left hand corner of the page? "Boughton for Connecticut."

    Wait, wait, there's more!



    Hmm…that's strange. Is it me or does this looks like a biography for a person who's running for governor.

    I don't know about you, but I think we can put whole matter over Boughton running for governor to rest now.

    BTW: I think this screenshot from Boughton’s News and Press section is kind of funny.

    Boughton_News

    Press_Release_News_Stories


    RELATED POSTS:
    Source close to Boughton confirms that he running for governor

    Not buying Boughton's denial

    CONFIRMED: Boughton IS running for governor

    Mark who?

    Boughton trails all Republicans in latest gubernatorial poll

    Trash king James Galante illegal bundled campaign contributions to Mark Boughton exposed

    Mayor Boughton misleads the public regarding the city's role in the Danbury 11 immigration raid case

    Fairfield Weekly questions Boughton's honesty regarding James Galante illegal campaign contributions

    The sexual assault case against John McGowan, day seven: Jury trial

    Thursday, January 28, 2010
    Time: 7:34 PM

    Here's the latest on the sexual assault case against the infamous anti-immigrant xenophobe John McGowan.


    The 2007 mayoral candidate, former Vice President of Elise Marciano's racist hate group, and anti-immigrant activist was arrested and charged with first degree sexual assault, which carries a maximum sentence of 20 years in jail.

    The police affidavit details the alleged assault that has McGowan in deep trouble.
    …he [McGowan] pushed his penis into her anus. When he did this, Victim stated that she asked "What are you doing" and "Stop." Victim states that she arched her back as she initially struggled to to get him out of her. When she did this, McGowan put his right arm around her neck and put her in a headlock.

    Day seven of the trial was brief as McGowan, who's still defending himself, was granted a trial by jury which will start on April 21st. McGowan is scheduled to appear back in court on March 23rd and will have pre-trial discussions with the state prosecutor.

    Register-Citizen reporter Ronald DeRosa was at the trial and filed this report:
    A Bethel man facing a rape charge will attempt to argue his case without an attorney before a jury of his peers at Litchfield Superior Court in April.

    John McGowan, 43, 8 Fairchild Drive, is accused of forcing a former girlfriend to have sexual relations that she did not consent to in Oct 2008. He was arrested in July 2009 by New Milford police and charged with first-degree sexual assault following an investigation.

    McGowan had his last hearing appearance before Hon. Judge James P. Ginocchio on Tuesday. The suspect requested a trial by jury, which the judge agreed to preside over beginning April 21. McGowan is expected back in court on March 23 for an appearance.

    Since McGowan began appearing in Litchfield for court appearances, Judge Ginocchio has repeatedly suggested McGowan hire an attorney to represent him. The suspect has, however, declined and preferred to represent himself. Assistant State’s Attorney Dawn Gallo said she would agree to conduct pre-trial discussions with McGowan – a process that is generally done between both the state’s attorney and the defense attorney.

    She suggested possibly reaching an agreement before going to trial, that does not end in charges being dropped or the case not being prosecuted.

    Now, where at a point in the trial where things become very serious for McGowan. The fact that the anti-immigrant extremist is still without legal counsel at this stage of the case, as pre-trial discussions are about to begin is very, very, foolish.

    Given his track record in court to this date, I'm fairly certain that the prosecutor agreeing to a settlement with McGowan is very unlikely. At this point, with the possibility of an agreement on the table, McGowan would be very wise to seek an attorney and let him or her try to work on a settlement with the prosecutor...or deal with the consequences.

    CT 05: Congressman Chris Murphy responds to President Obama SOTU address


    Time: 4:33 PM

    After watching President Barack Obama's State of the Union address, Congressman Chris Murphy issued the following statement:


    Disgraceful

    Wednesday, January 27, 2010
    Time: 6:01 PM

    Why on Earth was Joe Cavo re-elected City Council President.

    Here's what the CITY COUNCILMAN FOR THE THIRD WARD had to say about the problems surrounding the irresponsible BRT/Hospital Ave project (hint...the property is in the THIRD WARD).
    "I'm not sure what is driving all of this," Joe Cavo, a representative from the third ward, said. "Mr. Bertram owns the property. He has gone through the process. He had gone through what I understand were his requirements. Besides that, I'm not sure what the issues are."

    This is probably the most insulting comment I've ever heard from someone who's main purpose on the City Council is to represent the interest of the constituents in his own ward.

    The complaints around the practices of BRT at this location are WELL documented as neighbors complained to City Hall, politicians, reporters, and just about anyone who would hear them.

    From ridiculous blasting at the property, water runoff problems, and children having to walk on sidewalks full of rocks and dirt to and from Broadview School, to inefficient debris control measures and outright lies questionable comments from BRT President Dan Bertram, Joe Cavo's asinine comment only reinforces the notion that the Republicans and Democrats on the Council made a mistake in re-electing Cavo as President of the council when they were ready to throw him under the bus and make Gregg Seabury the new president (Cavo's position was saved by the interference of the mayor).

    I hope Cavo has the guts to shows up and repeat this bullshit at the meeting this Saturday. I'm sure there will be PLENTY of neighbors who will more than happy to give THEIR CITY COUNCIL REPRESENTATIVE a piece of their mind.

    ...utter disgrace.




    RELATED POSTS ON JOE CAVO

    Cavo, Caladrino approve report that gives away city owned land on Hospital Ave

    Joe Cavo silent on racist email scandal.

    Joe Cavo dismisses government local access broadcasting advocates

    Joe Cavo attempts to block discussion on school administrator salaries

    Members of the council express outrage over comments from President Joe Cavo

    BREAKING NEWS: Source close to Boughton confirms that he running for governor


    Time: 4:40 PM



    A close source to Mayor Boughton confirms the obvious...

    Former News-Times reporter Eugene Driscoll has the details (via the Valley Indi Sentinel):
    Danbury Mayor Mark Boughton, a five-term Republican incumbent who made national headlines for his stance against illegal immigration, will announce he is running for governor Feb. 1, a source close to the mayor said this morning.

    Invitations to the mayor’s announcement — 6 p.m. at the Stony Hill Inn in Bethel — are being mailed today (Wednesday, Jan. 27).

    As I stated before, the whole speculation into whether or not Boughton would run for higher office made no sense in the first place seeing that he STATED ON JAN 4th that he already made a decision regarding campaigning for governor.
    Mayor Mark Boughton said Monday he's made his decision about running for governor, but he won't announce his intentions until February.

    "A decision has been made, and you will be hearing about it shortly, one way or the other," he said.

    The first question the media should ask Boughton on Feb 1st is what was the rationale behind the delay in his announcement. The whole thing makes no sense to me...but again, we're talking about the last honest man in Danbury.




    RELATED POSTS:

    Not buying Boughton's denial

    CONFIRMED: Boughton IS running for governor

    Mark who?

    Boughton trails all Republicans in latest gubernatorial poll

    Trash king James Galante illegal bundled campaign contributions to Mark Boughton exposed

    Mayor Boughton misleads the public regarding the city's role in the Danbury 11 immigration raid case

    Fairfield Weekly questions Boughton's honesty regarding James Galante illegal campaign contributions

    CT 04: Congressman Jim Himes State of the Union statement


    Time: 11:13 AM

    In advance of President Barack Obama's State of the Union message, Congressman Jim Himes issued the following video message for his constituents.


    The case against John McGowan: UPDATE

    Tuesday, January 26, 2010
    Time: 1:27 PM

    UPDATE: The hearing has concluded and it seems like the prosecutor will start presenting her case against McGowan as early as April 21st.

    I'll have more on what happened today soon.




    Since the next hearing in John McGowan rape trial starts this afternoon, now is a great time to get everyone caught up in the case against one of the prominent member of the local anti-immigrant community.

    As a result of an investigation by the New Milford Police Department, on Monday August 3rd, the 2007 mayoral candidate, former treasurer of the Greater Danbury Chapter of the Connecticut Citizens for Immigration Control, and former vice president / co-founder of the United States Citizens for Immigration and Law Enforcement was arrested and charged with first degree sexual assault.

    In a multi-paged police affidavit, the victim, who had a relationship with McGowan, describes the horrific alleged assault.
    …he [McGowan] pushed his penis into her anus. When he did this, Victim stated that she asked "What are you doing" and "Stop." Victim states that she arched her back as she initially struggled to to get him out of her. When she did this, McGowan put his right arm around her neck and put her in a headlock.

    According to the affidavit, after speaking with representatives at the Women's Shelter in Danbury, the victim went to New Milford Hospital and a police investigation was conducted, which resulted in McGowan's arrest.

    According to CT Defense Lawyer website, first degree sexual assault is a CLASS B felony, if found guilty, the local xenophobe could be sentenced to 1 to 20 years in prison and fined up to 15,000 dollars.




    With his long history of inflammatory remarks towards members of the immigrant community, including his call for residents to shoot day laborers on Kennedy Ave, and irrational comments he's spewed on local access television, there was no doubt that McGowan's court case would be out of the ordinary…and as expected, he didn't disappoint those who were following the trial. Here's a quick recap at what's happened in court thus far.

    DAY ONE: Strange behavior
    Here's what I wrote about day one of the trial.
    The only word I can come up with to describe John McGowan's actions in court yesterday is bizarre.

    Here's how things went at court yesterday.

    I arrived at the courthouse in Litchfield (pictured at the right) around 9:30, took a seat in the gallery, and waited for McGowan's case to be called. Among those in attendance to witness the case was McGowan's BFF (and local anti-immigrant racist/pervert/anti-Semite/male chauvinist Tom "Big(o)T" Bennett as well as several friends of McGowan. Those from the media included yours truly, News-Times reporter John Pirro, and Register-Citizens court reporter Tracy Kennedy.

    After the judge heard several cases (and took a short recess to talk to the prosecutors), McGowan's case was finally called...and the fireworks began.

    From the start, you had the feeling that McGowan, who was representing himself in court, was going to turn the court hearing into a spectacle...and he basically did just that.

    Superior Court Judge James Ginocchio called McGowan's name to come forward from the gallery area but McGowan seemed to refuse and made some statement that no one in attendance could understand (I've requested a transcript of the hearing so I can find out what the hell he was talking about). After being called upon several times, McGowan finally came forward and continued his strange and erratic behavior.

    Court reporter Tracy Kennedy for the Register-Citizen accurately recounts the silliness.
    John McGowan, 43, 8 Fairchild Drive, appeared for the first time in the Litchfield court Tuesday. After being ordered to come forward from the spectator section, McGowan approached, clutching papers and uttering nonsensical phrases.

    “I do not grant jurisdiction in this matter, knowingly or willingly,” McGowan said.

    When Ginocchio asked if McGowan had an attorney or planned to represent himself, McGowan referred to himself in the third person, telling the court, “How can a lawyer represent me in my private capacity?” and “Are these charges directed toward me as a natural man?”


    News-Times reporter Pirro echos Kennedy's account of what happened.
    The 43-year-old McGowan, who lives in Bethel, where he runs an oil business, responded instead with comments rejecting the authority of the state and federal government, and of the courts over individuals.

    "Are the charges directed against me as a natural man?" "I do not agree to grant jurisdiction?" and "How can a lawyer represent me in my private capacity?" were among the statements McGowan made during his brief court appearance Tuesday.


    After about 5 minutes of this bullshit nonsense, which included McGowan not entering a plea to his charges and one of his supporters uttering some type of remark (which resulted in a quick admonishment from the court bailiff), Judge Ginocchio stated that McGowan seemed "unable to answer the charges with any semblance of coherence" and ordered a psychiatric examination to do done in order to determine of his competency.

    McGowan tried to either read a statement to the judge, or have some papers entered into the record, at which point the judge informed him that he needed to send those files to the clerk office and said something along the lines of get "read a book on law and learn how the process works" (or something like that).

    Needless to day that driving the distance to Litchfield was worth the trip...


    DAY TWO: Excuses, excuses
    Due to traffic, I was unable to get to the courthouse in Litchfield in time but here's what happened.
    Unfortunately, this morning, I was caught in a traffic nightmare on Route 7 so I was late to the courthouse and missed all the festivities but the News-Times John Pirro filled in the blanks:
    A Superior Court judge on Tuesday gave former Danbury mayoral candidate John McGowan more time to get a psychiatric examination that will determine whether he is capable of standing trial for first-degree sexual assault.

    [...]

    "If it's not done by the next court date, it's going to be a different story," Ginocchio said.

    Ginocchio ordered the exam during McGowan's first appearance in Litchfield Superior Court, on Sept. 1, when the anti-immigration activist and cable television call-in show host refused to enter a plea and made numerous statements indicating he didn't consider himself subject to the court's jurisdiction.

    Ginocchio said at the time that McGowan "appeared unable to answer the charges with any semblance of coherence" and that a psychiatric evaluation was needed to determine if McGowan could understand the charge and assist in his own defense.

    I don't' know what was more shocking, the fact that McGowan received a three week extension to get a psychiatric examination done, or McGowan's excuse in not getting the examination done when ordered by the court on Sept 1st.

    Later in my update, I explained how McGowan's excuse of lack of transportation doesn't pass the smell test but it was Elise Marciano's friend's documents that he submitted to the court that received the most attention.
    If his courtroom demeanor was low-key, that same description couldn't be applied to the sheaves of bizarre papers he has filed in connection with the case.

    The thick stack of documents claim to be "powers of attorney" and attachments on various land records, but according to a court clerk are comprised of "legal terms that are strung together but have no legal meaning."

    […]

    In some of the papers, McGowan identifies by name the woman who accused him of rape, as well as giving her address and the names of family members, Gallo said.

    [...]

    Gallo asked the judge for a protective order preventing McGowan from including that information on any documents he files.


    DAY THREE (and FOUR): He's competent!
    Day three and four of the trial centered around whether or not McGowan was competent to stand trial but first, McGowan attempted to make his irrational argument that the court had no jurisdiction over the anti-immigrant activist.
    The judge started by granting McGowan an opportunity to argue why he feels that the state has no jurisdiction over him but only to the limit of the competency hearing.

    […]

    After being instructed by the judge that he's not going to get into a question and answer session with McGowan regarding "jurisdiction" and that he would only hear his argument (again to the limit of the competency hearing), McGowan continues his bizarre behavior by going on a rant about the court not having jurisdiction over him, which made absolutely no sense to anyone in the court but McGowan and his "supporters."

    From how the court had to prove jurisdiction before the case could proceed, to rambling off a series of court cases which, in his mind, back his argument that the state has no jurisdiction over him, when it comes to McGowan representing himself, lets just say that McGowan isn't helping his case.…and remember, McGowan is on trial for FIRST DEGREE SEXUAL ASSAULT which carries up to 20 year in jail YET he still has no attorney AND he's still digging a hole for himself EVER time he opens his mouth.

    While McGowan continues to make himself look like an ass, I can't help but think of the hypocrisy of this moron who has made a habit of citing the "rule of law" when it came to his twisted views of undocumented immigrants and how they should be removed because they are here "illegally." Now, here's the same guy trying to say that the same "rule of law" doesn't apply to him when he’s charged with raping someone.

    Ah, the irony!

    After his incoherent rambling came to a merciful end, Dawn Gallo pretty much sliced McGowan's rant to shreds in what seemed to be less than 60 seconds…I'll try to summarize.

    After the prosecutor correctly pointed out that the manner in which McGowan is trying to argue jurisdiction, at the sake of making him look even more foolish (in my opinion of course) prosecutor Gallo basically rips him to shreds by properly stating that McGowan is attempting to use a some federal law that applies to CIVIL cases that have absolutely ZERO meaning in terms of a CRIMINAL matter (such as being charged with raping a person anally). Since a warrant was valid and properly served, McGowan "claim" of jurisdiction doesn't hold water.

    Lather, wash, rinse, done.

    After the prosecutor made his very easy case against McGowan's jurisdiction nonsense, the judge took about a millisecond to deny McGowan's motion.

    Between McGowan's attempt to prove that the state has no jurisdiction over him, and the actual competency case, the anti-immigrant's sidekick and fellow hate-monger, Tom Big(O)T Bennett couldn't resist making an ass out of himself in court. Here's what happened when the judge attempted to recess the hearing to allow McGowan an opportunity to read the compentency report.

    As the bailiff announce the gallery to rise, here's what happened:
    BAILIFF: All rise.

    Big(O)T: refuses to rise

    BAILIFF: ALL RISE PLEASE!!!

    Big(O)T; while rising, utters this under his breath "Yeah right."

    BAILIFF: Keep you comments to yourself!

    Big(O)T: What comment...I grunted

    BAILIFF: You said "yeah right"

    YOURS TRULY: shaking my head in disbelief

    Knowing this moron's history,, I'm not surprised with Bennett's antics…and he was just getting started.

    Remember when I talked about Big(O)T making a scene in the courtroom when he wouldn't rise as the judge exited the chamber? Well, his bullshit didn't stop there.

    As I sat down, the bailiff already walked over to Big(O)T and gave him a few words for something. It couldn't have been but a few minutes when, while the prosecution was asking questions regarding McGowan's competency exam, that the judge yelled at Big(O)T
    JUDGE: I've been patient…if I hear one more word out of you!

    Big(O)T: I apologize.

    After Bennett was admonished by the court, a brief competency hearing took place in which it was found that McGowan was fit to stand trial.

    DAY FIVE: Bizarre motions to dismiss:

    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.

    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.

    DAY SIX: Motions denied.

    In a nutshell, I was unable to attend the hearing but if the reports from the court room are any indication, we're one step closer to the prosecutor beginning to roll out the case against McGowan as EVERY SINGLE ONE OF McGOWAN'S MOTIONS TO DISMISS THE CASE PRESENTED TO THE COURT ON THAT DATE WERE DENIED.

    That beings us up to today's hearing where McGowan will probably attempt to file more motions to dismiss and hopefully, after dismissing his ridiculous requests AGAIN, the judge will give the prosecutor the green light to start rolling out the case against him.




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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.

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    APPEAL HEARING: 10/21/14 @ 09:30 AM

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