"Unwritten" Corruption?

They can "Arrange That." A.K.A. The case of three wolves and a sheep.

LOOK AND LISTEN NOW THAT YOU "HAVE TO." YOU ARE MY CAPTIVE!

"Only one tribunal ever adopted a practice of forcing counsel upon an unwilling defendant in a criminal proceeding. The tribunal was the Star Chamber."-U.S. v Faretta , 422 U.S. 806 (1975)

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The case of an "Unwritten" Corruption. A.K.A. Don't Ask, Don't Ask. And "Especially" don't ask Special Ken.

Transcript of 01.14.2003

Docket #113

Page 27-28
MR. HARRIS: "I’ve got Gary Winnick under subpoena for Killercop. I’d like to tell Mr. Winnick he doesn’t have to appear.  That took a lot of hoops to get the CEO under subpoena.  Killercop wanted that."

Judge Matz: "I assumed that the government was going to put him on the stand, no?"

MR. HARRIS "So if this trial is going to be continued, one of the things that I’ll want to do is somehow withdraw that in a manner that we can get Mr. Winnick again, if and when."

Judge Matz: "I can arrange that."

Page 33
Judge Matz: "There’s one other thing, before you ask your question, before I forget.  There is a subpoena that recently has been served on Gary Winnick. I notice that Gary Winnick is not identified on the government’s witness list. And, I assume, correct me if I’m wrong, that the government has the ability to communicate with Mr. Winnick or with his lawyer, is that correct?"

Prosecutor: "I have the ability, Your Honor."

Judge: "I want you to communicate to the lawyer or to Mr. Winnick or to both, that although he doesn’t have to respond to the subpoena on the date or under the terms that it may have contained, he remains responsible to respond on whatever date he is later notified. I don’t want anybody to have to go through any protracted or new ground of efforts to subpoena him anew. So the subpoena remains outstanding, although the trial date has been continued. Please communicate that to Mr. Winnick and his lawyer."

Transcript of 08.27.2003

Docket #188

Page 52, Lines 6-19
Prosecutor: "I just had a procedural point while Mr. Nicolaysen was still up here. In terms of the subpoenas, early on in the case, when Mr. Harris was representing Killercop, the court had ordered me [See 01.14.2003] to ensure that Mr. Gary Winnick, who had been subpoenaed by Mr. Harris, was made available. Mr. Nicolaysen had indicated to me that that availability was no longer necessary or required. So I have indicated that to Mr. Winnick’s attorney, and he is not under "my subpoena" anymore.

I just wanted to make that clear because that was kind of left hanging, and I don’t think there’s any written communication that would be in the file between myself and Mr. Nicolaysen on that point."

JudgeA. Howard Matz: "Thank you for clarifying."

Isn't language fun?

Suspicion that viewpoint discrimination is afoot is at its zenith when the speech restricted is speech critical of the government," Ridley v. Mass. Bay Transp. Auth., 390 F.3d 65, 86 (1st Cir. 2004)

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