Friday, October 2, 2015

Oops! He Did It Again!

In "Bully on the Bench" I wrote about a judge who either is so incompetent that he doesn't know what he is legally able to do, or is so bound and determined to make a name for himself (by persecuting prosecuting those least able to defend themselves) that he ignores the statutes which he is supposed to uphold.

However now it appears that the second option is more likely, as it has happened once again. (Fool me once, shame on me, fool me twice, shame on you!)

There is an all new postscript to the story of Nick Nicorvo. The original entry about Nick's story, "Echoes", gives the details of how this victim of bullying was subjected to further abuse by the same judge who presided in "Bully on the Bench".

Since that point in time, Nick was sentenced by this judge AS AN ADULT, to serve 1-3 years in state prison. His offense (the only one on his record, not even having school disciplinary issues to his name) was at age 15, and despite the fact that he went on to graduate from high school early with a Regent's Honor Diploma while he was incarcerated, the judge decided to "throw the book" at him.

Interestingly enough, during the process of carrying out the sentence, something unusual happened. In New York, those sentenced to state prison are normally sent for a few days or more to a facility for processing and evaluation before ending up at their final destination.

When Nick was sent to Auburn Correctional Facility (a maximum security state prison) for this phase of his sentence, a records review demonstrated that he was a child in the eyes of New York State at the time of his crime and arrest, and the judge was NOT ALLOWED by statute to sentence him as an adult, especially to serve time in state prison.

So Nick is being returned to Jefferson County for more appropriate sentencing that reflects his juvenile status.

Now if this were a one-time incident of a judge making a mistake, it wouldn't be so worthy of notice. However, as detailed in "Bully on the Bench", this same judge who violated the rights of this autistic boy, also violated the rights of a developmentally disabled man.

And both of this incidents occurred after he violated the rights of Jon Massey. This same judge misapplied the "Rape Shield Law" to prevent Jon from presenting a true defense. He is also the same judge who allowed multiple issues arise during the course of the prosecution of Jon's case (see "Nerd Law and Legalese") that were questionable at best.

And finally, this is the same judge that dismissed the indictment and sealed the record upon Jon's death (as is appropriate under state law), yet once the time period had passed for Jon's family to file an appeal on his behalf or to file a wrongful death lawsuit, he selectively unsealed the "guilty" verdict to further abuse Jon's family (and under state statute such an order is supposed to come from a higher level judge).

At this point, the citizens of Jefferson County, NY should be questioning every case that has come before this judge. It has become crystal clear that his actions don't arise out of ignorance, they are the product of his arrogance.

It is time to stand up, speak out, and expose a corrupt system!

Nick Nicorvo's family is hoping to bring him home for Christmas. Click here for a link to their GoFundMe page.

2 comments:

Alaa Al Wahaeshi said...

Great article

Aleah HollandRN said...

The People Hear Your Case, keep speaking the truth about the powers that Be Lying All the time.
Author of "A Little Lynched A Judge Ordered Kidnapping"