Prelude to

Trial

Redeeming Caryl Leventhal's Slandered Name & Battle US Immigration Naturalization Service's Terrorist Friendly Corruption.  An offensive Against US Department of Justice "HOMEWORLD" in an environment of rigged rules 

Summary Judgment
EvidenceSupression
Plaintiff Rebuttal
US Atty Threats

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(June 1, 2000 - September 25th Trial Date)

Prelude to Trial

For those using music capable Internet Explorer or AOL, text accompanied by Chuck Berry's  "Johnny Be Good"

The Mandatory Pre-Trial Mediation Process

Caryl Leventhal responds to the USDOJ and INS lawyer bureaucrats:  Keep your Money and Keep your Lies!  I Fight for my Family Name and American Values

June 01, 2000: At 10:00 am, Caryl Leventhal, her attorney and her husband appeared for mandatory mediation in US Federal Court.  Present were the US Attorney and the District Counsel for the Immigration and Naturalization Service.  Mandatory mediation is held in front of a Federal Magistrate whose job is to see if an agreement can be reached prior to trial.  It is here that either a settlement agreement can be agreed upon, or the positions of parties can be further clarified to each other.   

Caryl's husband explains her view that this complaint should never have had to reach the level of litigation in Federal court.  He states that they are not litigious people and that before four years of obstruction of justice (1996-1999), months of crank calls when Caryl was sick and even a death threat, Caryl would have been happy if those who brutalized her were punished.  He goes on to say that financial considerations only have meaning because of our system of law, but that it is only symbolic and very negotiable.  Ms. Leventhal (who is far from wealthy) offers to give any settlement money to charity to prove her good will.  On principle, she is only interested in receiving $261.05 in unfairly withheld sick pay and $121.11 in money she personally contributed to her retirement fund.  She considers the latter to have been stolen from her and USDOJ refusal to return these funds to be an illegal affront to the American people.  Anything else can go towards charity and attorney fees.

Mr. Leventhal then goes on to say that Caryl Leventhal will accept no settlement unless her personnel records at the US Department of Justice are changed to reflect that Caryl was unfairly treated while at INS.  This cruelty is glaringly obvious and confirmed by events after June 10, 1996 when she had a confirmed exacerbation of Multiple Sclerosis.  He reaffirms that the most important thing to Caryl is a letter stating that she was (a) treated unfairly, (b) that she was unfairly denied sick pay since she followed regulations and (c)  [contrary to her letter of termination without prior warning and suffering an exacerbation of Multiple Sclerosis confirmed by doctor's note] her being home seriously ill did not [as stated in her termination letter] "demonstrates lack of dedication to your job."

EDITOR'S NOTE: Lawyers don't understand this at all.  To the lawyer, money validates everything.  It is the means of resolution forced upon them within the environment in which they work.  It doesn't imply anything negative to them or their profession.  Indeed, the concept that money alone achieves justice is more of an indictment of a shallow society, where individual responsibility for actions can be bought and sold.  It is to the honor of Caryl Leventhal's attorney that he hasn't attempted to inflict these debased values on his client.

If Caryl's lawsuit involved a private sector company, the plaintiff's request for revision of personnel records would be a non-issue.  Private sector settlement disputes are more involved with the financial "bottom line."  Responsibility to their shareholders is of paramount importance.  As long as the accusation of the abuse is not claimed to be company policy, they would be glad to make record changes in the interest of good will.

In the government sector and particularly the USDOJ, ego and arrogance is far more important than money.  Changing personnel records to reflect truth, is an affront to their arrogance of power and self-perceived invulnerability.  They are consumed with indignation and would prefer squandering millions of taxpayer dollars in lengthy and unnecessary litigation to squash any American that was obviously and brutally wronged.

Caryl's husband goes on to say that her family has been in America since the early 1700's and has displayed their devotion to America in every war.  Her maiden name of "BALL" cannot continue to be debased on Federal Records.  He continues that her married name of "Leventhal" is held by the foundry workers who made the Iwo Jima Statue in Washington DC.  The vicious and obtuse actions of INS bureaucrats degrades the honest toil of all Americans.  Four years of slander must be obliterated.

The sneering INS District Counsel bureaucrat offers only to have Caryl Leventhal resign with no prejudice.  He offers several thousand dollars in compensation in which Mrs. Leventhal has no real interest.  Mrs. Leventhal responds that she will not compound their lies by agreeing to more lies ... no matter how much money is eventually offered.  "Even with Multiple Sclerosis, I will continue this battle.  I will continue if these monsters totally destroy my health .  I will never become party to their lies.  I will fight on in the public and legal arena until vindicated."

(This is why I adore her.  She is the reason my heart beats.  It is an honor that she accepts my love.  LTC Michael G. Leventhal)

A Modern Day Dorothy Stands up to the Wicked... Scroll Down to Vote for Caryl's Fate

Brutalized by INS sadists, Caryl's torment is compounded by the wicked INS District Counsel and the US Attorney 

Caryl's only hope for safety and justice is a fair hearing in the courtroom of the good judge of the Southern District (In fact, the "Good Judge" turns out to be not so good.)

THE UNANSWERED QUESTIONS: Why did judge Shira Scheindlin keep from the jury and court record, evidence and testimony of the rampant terrorist friendly corruption Caryl Leventhal was attempting to stop (You can find it by going to the Sworn Deposition of Brenda Grant).

Why did Judge Shira Scheindlin refuse to allow Caryl Leventhal a short time to secure a new attorney when the one she had was issued a letter of admonition by the courts on September 26, 2000 (the day he was to represent Caryl Leventhal in court concerning her complaint against the US Department of Justice) "for conduct that adversely reflects on his fitness as a lawyer."  (On January 6, 2003, Caryl's former lawyer will be suspended from practicing law under charges of "conduct involving dishonesty, fraud, deceit or misrepresentation."

Why did Eric B. Fisher, Deputy US Attorney place winning a case over information from this whistleblower that could warn the American people of terrorism?  Why did Alan R. Kaufman, Chief of the US Attorney's (Southern District) Criminal Division threaten The Leventhal family with arrest and prosecution if they didn't censor this website to place the US Department of Justice in a better light?  Why are they working to place America at risk?

The US Attorney's office Deploys their Diabolical Strategy

 

June 16, 2000: US Attorney reaches new low in judicial sadism by requesting that Caryl Leventhal be deposed two more times in July heat.  This is in spite of four months of pleas by Ms. Leventhal's  husband to finish deposing his brain damaged wife and victim of Multiple Sclerosis in cooler weather.

July 12, 2000:  Brenda Grant (Eric B. Fisher, US Attorney's main witness) is deposed.  Afterwards, Mr. Leventhal tells the US Attorney that if someone would only tell Caryl they were sorry for what Ms. Grant had just admitted to doing, everything could be ended on the spot.  This would symbolically show that the US Department of Justice Immigration and Naturalization Service plans on stopping their terrorist friendly corruption that is placing America at risk.  The US Attorney says "I can't do that." 

August 7, 2000: The US Attorney sends judge a request for filing Summary Judgment.  For explanation, strategy, progress and results, Click "Briefcase Law." 

August 22, 2000: At his wife's request, Mr. Leventhal sends a certified letter to Judge Scheindlin, explaining that justice would not be served if a September 25, 2000 trial is held and giving reasons.  Judge Shira Scheindlin refuses to extend the short trial preparation period, thus precluding a developed court presentation.

September 6, 2000: US Attorney arrogance changes to frantic strategy of damage control as information about Caryl Leventhal living under a death threat (with inaction from USDOJ) for two and one half years reaches the court.

September 15, 2000: Eric Fisher, US Attorney, moves to suppress trial evidence relative to recorded death threat against Caryl Leventhal and her husband.  Attempts to obstruct justice to cover for criminals. Click DESPERATION

September 18, 2000: Plaintiff Rebuttal for Motion to Suppress.  Click REBUTTAL

September 21, 2000 US Attorney moves to suppress trial evidence relative to (1) religious discrimination and (2) All mention of subsequent Administrative Complaint Process.  Judge rules that religious discrimination while employed by INS can be included.  Judge rules that very anti-Semitic death threat telephone call tape cannot be played although testimony on harassing telephone calls during Administrative Process can be included. On the other hand, information of what was on the tape recorded message cannot be spoken of.  This will prove very hurtful to Caryl's case on the religious discrimination level but it is generally done this way.  Legal precedent tends to omit as evidence information that might be "inflammatory" or "prejudicial" to the jury.  To non-lawyers (like myself), this might seem unfair.  But in many ways, who wins a case is based more on what the jury is kept from hearing than anything else.

September 22, 2000 Attempt by US Attorney's Criminal Division to intimidate the Leventhal Family and influence testimony in federal court case.  Click DELUSIONS OF OMNIPOTENCE

September 11, 2001 Update

 

 

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Written and Copyright © by:  LTC Michael G. Leventhal

Copyright 2000 Reproduction with written permission.  Contact: Michael @Justice-Denied.net

 

For comments about this site, feel free to e-mail: Caryl@Justice-Denied.net