Posted on 08/06/2005 6:37:30 PM PDT by Physicist
To: Clerk
- Appellants' Motion Requesting That the Members of this Court Recuse Themselves from This Matter
- Appellees' Responses
The foregoing Motion is under consideration. The parties will be advised through the Court's normal procedures when the appeal is assigned to a merits panel for disposition. No further order or other notification will be provided in regard to the disposition of the motion. Under the circumstances, listing of the appeal for disposition may take a significant amount of additional time from this date.
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Dated: July 29, 2005
Why was this done? Because Midge Rendell, the wife of one of the defendants--Pennsylvania Governor Ed Rendell--sits on this court!
Recently, a 2nd motion was filed with the 3rd Circuit, pleading with the judges to answer the motion filed in December. This is their answer to that 2nd motion: GO HANG!
Consider that it has been almost seven years since the initial incident!
Consider that it has been eight months since the recusal motion was filed...and that the court promises it will be much longer!
Consider that justice delayed is justice denied!
Can this be politically motivated? Can the goal be to keep this on ice until Rendell's next campaign is completed?
If the 3rd Circuit does not rule soon on the initial recusal motion, in the face of a manifest conflict of interest, Don and Teri will file a mandamus request with the U.S. Supreme Court in the fall.
Don didn't ask me to do this, but they always, always need help with their legal bills. Financially, the last seven years have taken an inhuman toll on the both of them. If you care to help out, donations can be sent to:
The Adams Legal Defense Fund
P.O. Box 306,
Cheltenham, PA 19012
Most recent articles:
Don Adams Update: Third Circuit Asked to Recuse Itself in Suit Against Rendell
Don Adams Update: Urgent Help Needed on Appeal
Don Adams Update: Teamsters File Motion to Recover $62,673.46 in Fees and Costs
Summary of the 8/6/2003 Don Adams Decision, U.S. District Court
Anti-Clinton Protesters Lose in Suit Against Rendell
Who-what-where:
There was I time on FreeRepublic when I didn't have to introduce the topic of Don Adams. Other than Whitewater, it was FreeRepublic's first cause celebre.
In as few words as I can bear to muster, this is what happened. On October 2, 1998, Don and his sister Teri were beaten by members of the Teamsters Union for the crime of protesting against Clinton in Philadelphia.
(I myself had been attacked by the same mob earlier in the day, and I witnessed the Adams incident. I reported the events on FreeRepublic. One famous result was that it prompted Jim Robinson to call for a march on Washington, DC, which drew around 4000 people on October 31, 1998, to demand Clinton's impeachment.)
The DA filed no charges, so Don and Teri Adams pursued private criminal complaints against two of the Teamsters (Kevin McNulty and Marc Nardone), along with Teamster Local 115 boss Johnny Morris. In response, the Teamsters filed charges against Don Adams. McNulty and Nardone copped a plea and got probation. Morris walked. Don Adams was subjected to the indignity of a trial, and was acquitted in July, 1999. Meanwhile, three other Teamsters were identified from video: Charlie Davis, Mark Hopkins, and Norma Bottomer. Don and Teri Adams filed another private criminal complaint, to which the defendants copped pleas and received probation.
In November of 1999, IBT President James Hoffa ordered that Teamsters Local 115 be placed into trusteeship, and that Johnny Morris be stripped of his powers, partly as a result of the Adams beating incident. Morris contested this bitterly until the end of his life.
The civil phase has been lurching along slowly since the end of the criminal phase.
Why you should care:
It is the business of Freepers to exercise our rights under the First Amendment. When we talk back to power, we have an expectation of being secure in our persons, in our property, and in our liberty. If Don and Teri Adams lose, none of these expectations are valid. It will mean that the men in power can silence us at will, without serious consequences. Five foot-soldiers of the totalitarians have received probation. That's something. But unfortunately Don and Teri have been made to pay a long series of terrible prices over the last five years, and much more lies ahead. I expect it to get worse for them before it gets better.
Would YOU be up to it?
Here is the Don Adams Page, back again in its full glory!
Civil Case:
Johnny Morris criminal case:
Davis, Hopkins, Bottomer criminal case:
McNulty and Nardone criminal case:
Thanks for keeping us up on how Don and Terri's case is going.
We need to keep the searchlight of truth shown on the PA Governor's dirty little secret.
Let Don and Terri know that us FReepers will never forget them.
Here in California, we're gearing up to fight the unions with an initiative on requiring political contributions be approved by each union member before it is taken from their paychecks. It's going to get ugly out here (heck, it already is)
Thanks for bringing us up to date Physicist. That protest and the aftermath were scary times indeed. Little did we know that Don and Terri were paving the way for conservative activism in the streets of every city especially Palm Beach, FL.
I wish I could say I was optimistic about the outcome of this case but as you say yourself, justice delayed is justice denied.
Will Justice be served???
Hopefully, we won't forget ourselves either, LOL!
We would be interested in knowing how it is going. Please keep us informed and drop me a line or give me a ping.
Imagine: one of the most powerful men in the United States--in the world!--orders that you be beaten. You take him to court...and his wife sits in judgment! You ask that someone else hear the case, and after seven years, you are told that you have to wait a further very long time!
Kafka wouldn't have dared to write this. Giant cockroaches are less insane.
Hi there CCC! I missed seeing you here. I was off line for the winter/spring.
Check out the Walter Reed protest reports...Washington Area Freepers are still out there each week. I have been able to join them 3 times this summer.
We discussed Don Adams recently and I had not known this was still going on!
Remind you of another political couple?
Good to see you too. I don't post as often as I used to. Collie-fornia alone keeps my mind plenty occupied.
Will do. :-)
Just one correction to make if I might:
"The DA filed no charges, so Don and Teri Adams pursued private criminal complaints against two of the Teamsters"
The DA did file charges against Nardone & McNulty, but "glacially slow" as John Fund of the Wall Street Journal put it. They waited until after the November General Election and the November Teamster election (clearly the above is more of the same). Then, Mayor Ed Rendell suggested to John Morris that the Teamsters could file a Private Criminal Complaint against Don. Which they did, hoping that Don would be intimidated and drop charges against them. Don would NOT be intimidated. He was the only person to stand trial and was found not guilty in July 1999. Don and I also filed a Private Criminal Complaint against John Morris for inciting the attack, which was denied by District Attorney Abraham AND the Philadelphia Courts.
Has anyone involved in this case ever discussed it with Senator Santorum? Just curious. It might be possible for him to get a private bill to force the 3d Circuit to recuse itself in this case.
And they're all good buds.
Florida home has still not been repaired from last years hurricanes.
Insurance is still fighting the claim ...no cable and I had a lap top that could not connect to Road Runner anyway!
All electronics were lost due to water and mold!
I have hired a private adjustor and am hoping that this fall will bring some settlement! Then we can begin to repair it!
Morris, stripped of his power and now dead...his shotgun, pistol, numerous tasers, copious baseball bats, scores of pepper spray, and a truckload of military fatigues all siezed before he could disrupt the 2000 RNC Convention in Philadelphia.
The Teamster goons who did the beating: all now have criminal convictions.
The DA who wouldn't prosecute the Teamsters...scott free.
The Mayor who looked the other way...now governor.
But now the Governor wants to be President, and his inaction back in 1999 will absolutely prevent it. "Hey Rendell, the beating was videotaped!"
Life is good. 5 out of 6 villains had Justice served up to them in one way or another.
Thanks for the Ping.
prisoner6
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