Paul Bergrin Trial: The Summation

Paul Bergrin has more trials ahead of him and in a sense, this is only the beginning. The main purpose of this post is to offer a link to Paul Bergrin's transcribed trial summation from the first trial that ended with a deadlocked jury.

It is an excellent summation and like none that I have ever heard or read. It is indeed revealing of the created case against him in the murder of Kemo Deshawn McCray, a drug trafficker turned informant that was murdered when federal agents failed to protect him in his informant work for them. They refused his request to enter witness protection and wait until you find out why!

It is my intention to go through the entire trial transcript in many posts and include a link to the transcript for each day discussed. However, I have decided that this blog will not do it justice with the surrounding posts on various other topics. I am working on a new blog in which the sole purpose is discussion and documents from Paul Bergrin's first trial, the next trial that is coming soon, and later trials if there are any.

There will be an Appeals panel addressing the situation that prosecutors have pushed to the forefront. Prosecutors did not like the fair and impartial Judge William Martini and want him removed from the next trial. The panel will be hearing oral arguments on March 29, 2012 and will make a decision shortly thereafter, probably within two weeks.

To read more about the fight that prosecutors have started over US District Judge William Martini, read this recent article in The New York Times:

For 2 Titans of U.S. Court in Newark, Bad Blood

Why? Since when do prosecutors get to choose their own judge? Isn't that best referred to as judge shopping?

The "why" is that on several occasions, Judge Martini did not rule in favor of the government. But what could be expected in a case with no actual evidence that rides on the words of a parade of convicted felons seeking leniency in sentencing? The progression of this trial reminded me of the Antonio "Nino" Lyons case from Orlando federal court. USA Today investigated thoroughly and wrote extensively on the prosecutor misconduct in the Lyons case:

Prosecutors' conduct can tip justice scales

Federal prosecutors too often work above the law

Justice Dept. agrees to pay $140,000 to man wrongly jailed

Yes, the truth is that federal prosecutors in the Paul Bergrin trial(s) are judge shopping. They absolutely need to exchange Judge Martini for a more compliant judge because there is no actual evidence. The transcript of Paul Bergrin's summation on November 15, 2011, in the concluded trial is here (PDF):

US v Bergrin (1st Trial) Bergrin Summation (link removed - contact me privately for a copy)

In the future you will find all posts, documents, and transcripts on the blog  that is reserved specifically for this purpose. Please do bear with me as I complete the design of the blog and begin to post - expect that it will all be in place by April 15, 2012 or sooner: Paul Bergrin on Trial


We look forward to the Appeals panel making the correct decision and calling a halt to prosecutors' attacks on the honorable, fair, and impartial US District Judge William Martini.

PayPal Censorship has Broad Ramifications

As many of you are aware, PayPal froze my account back in July 2011 because I "sell a book about escort services". Refer to my original post: Censored by PayPal. This post was prompted by an article written by Andrew Shaffer and posted on February 27, 2012 for Huff Post: PayPal Takes Controversial Stance Against Sex

I thank Andrew Shaffer for including my unusual case in this article.

In the last few days, this US corporation that pretends to be a bank, but is not regulated as such, has demanded that books categorized as "erotica" with specific sexual content that many consider to be abhorrent be removed from a list of online bookstores that sell with PayPal. The particular content at issue is nothing I'd ever read, but since when did Americans appreciate what amounts to book burning?

My situation is proof positive that this monstor censor won't stop there - they are after all that is adult. Does the Disney - Meg Whitman connection have any relation to the recent events? I think so, but then I know better than most what Disney is capable of in the pursuit of an anti-adult agenda and it is more than you can imagine.


Reflections on the Past

As a result of my past history as an adult business owner in the Orlando area, I find the recent actions by PayPal to be par for the course. An examination of the bigger picture here reveals a similar anti-adult trend in the US to that which I experienced for so many years in Orlando. I said it before and I'll say it again: Orlando was a test market to understand the level of toleration for censorship of the general population in the US. Welcome to my world.

Back in 1996, the Metropolitan Bureau of Investigation (MBI), with Disney grants as one major source of funding, pursued Sprint Yellow Pages as a result of the publisher's refusal to remove the "escort services" category from its upcoming 1996 books. More on that story in Memoirs.

To better understand the MBI agenda over the years, read: Orlando MBI: The Long War on Adults

The Orlando area has been under siege for over 30 years by these pretend prudes that are now disguised by corporate America and as a matter of fact, many have now joined corporate America after retiring - (A big holler out to former MBI agent Ray Peters and a congrats on his employment as Head of Security at the Rosen Plaza in Orlando). I state "pretend" because as the party that owned escort services in the metro Orlando area for 10 years, I know what they really do. They may fool some of the people some of the time, but they'll never fool me.

I know why I was prosecuted and it had nothing at all to do with anything (95% pure lies and BS) stated in the arrest affidavit. You may note that there was never even enough evidence to get court orders to wiretap or search in my investigation and prosecution.


The Big Picture

What began long ago as a war on all that is adult in Orlando, Florida has now proliferated and is a War on all that is adult in the US. First they went after anyone they could find that looked like a viable target. This practice evolved into creating cases where there were none to begin with as the eye of government turned to the publishers of advertisements and websites for adult business.

One of the most known cases is the MBI arrest of several Orlando Weekly advertising sales executives and the civil RICO indictment of the newspaper in late 2007. Read what well-known First Amendment attorney Marc Randazza had to say about this case: The Orlando Weekly Case

Going after publishers is the first major step in the anti-adult agenda. Of course the great majority voluntarily caved and stopped selling advertisements for anything adult. The results of the Orlando Weekly case gave MBI the nerve to go national. Craigslist was attacked and shamed by the ignorant and many with an agenda, eventually caving also. The attack on Craigslist originated with none other than the Metropolitan Bureau of Investigation (MBI) in Orlando. Doubt that? Read these public documents with thinly veiled threats:

MBI to Buckmaster September 2007

MBI to Buckmaster November 2007

Buckmaster to MBI November 2007

MBI to Buckmaster January 2008

MBI to Buckmaster March 2008

Note that the MBI refers to the demand to Craigslist to drop the adult categories as Good Corporate Citizenship.  I absolutely picture one of these whacks contacting PayPal and requesting that my account be frozen utilizing the usual tool box of lies and referring to my books as "obscene material". If I ever find out that they had something to do with my frozen account, I will sue the pants off of anyone involved.

Going after the publishers is not a new approach, but it is now used as a major tool in the anti-adult agenda toolbox. First Amendment attorney Lawrence Walters addressed the problem as it relates to adult business ads online in two recent posts:

Killing the Messenger: The Campaign Against Online Escort Advertising Sites; Part 1 - Setting the Stage

Killing the Messenger: The Campaign Against Online Escort Advertising Sites; Part II - Operational Policies and Legal Issues

When you read the two articles written by Walters, realize that this is a pursuit of any directory, classified ad seller, or online listings provider for these adults in the adult business. This has already existed to an extent, but the stakes are getting higher. As Walters states:

"Federal conspiracy, solicitation and money laundering statutes certainly don’t help an escort site’s plight. The epitome of broad and vague statutory language; these laws expose even the most tangentially involved individual/entity to potential legal liability."

Law enforcement agents around the US have managed to poison the phrase and business description of "escort services" by including street hookers and referring to any operator as a pimp. The reality is that most escort business operators market and book appointments and not much else. The general population in the US has fallen into their trap hook, line, and sinker.

Perhaps it is time for a new business title that omits the word "escort". They poisoned it - let them keep it! Changing titles for businesses and independents wouldn't be all that complicated. It was done back in 2000-2001 with the "hobbyists" and "providers" on message boards all over the world. One idea for the operator in a major city is "convention hostess" or we could all return to the "lingerie model" concept and the operators would offer model referrals or hostess referrals for conventions.

As one reader of this blog recently pointed out to me, the MegaUpload indictment is the beginning of the end. Mentioning that case, I was happy to read that Kim Dotcom was released on bond because as previously stated, I do not advocate any prison at all for non-violent activities. I do not like what these people did, but that doesn't translate to any desire to lock them in a cage. You can't believe that I would be happy that people steal what little I could have.

Today it hit the news that the US DOJ is now going after gambling websites even when the business is outside the US. From a blog reader:

"But NOW, they have dropped the pretext of being fair, and have gone after a gambling company not in the US, not registered in the US, and apparently not even banking in the US."

Verisign seizes .com domain registered via foreign Registrar on behalf of US Authorities

I can envision the US government seizing adult websites of all types, especially if a Republican (other than Ron Paul) makes it to the White House in the 2012 national election. Well known First Amendment attorney Lawrence Walters states this best: The Politics of Porn - 2012

Make sure that you get out and vote. Realize which politicians are ready to kill your income, your reading material, movies that adults enjoy, your bingo parlor, and anything else that is adult in the United States. Mark my words - the MBI has gone viral with the anti-adult agenda and anything from bingo parlors to internet cafés to adult businesses and writers of adult material are in the line of fire. Now that they've reached out to the payment processors (PayPal, Visa, MasterCard), it won't be that complicated.

It is indeed censorship as it is all a part of a government agenda. Do not pretend that greedy corporate payment processors do not want the money.

Orlando Conspiracy Case Sentences

The defendants are all from Eastern Europe and five of the six that were convicted on a variety of counts by a federal jury in Orlando were sentenced today. One defendant - Saida Babaeva - was not sentenced today, though there is no information as to why.

The case that prosecutors and media hyped as a "sex-trafficking ring" but really was no more than simple massage without a license is almost over for all involved. The sentences:

Natalia Fedorova - Time Served
Aleksandra Liubina - Time Served
Alina Priadko - Time Served
Alexander Postica - 15 months
Tatiana Belinschi - 16 months

Russian sex-ring members sentenced

I really feared for Tatiana and Alexander because of the way the USAO charged this case. Each has been in jail (Orange County Jail as of now) since being indicted over a year ago. With time off for good behavior they should be free, or at least on the way to deportation, before March 2012 is over and perhaps sooner.

Though the prosecutors were not fair in charging this case and I didn't understand the jury convicting anyone, the judge has been more than fair. I wish the very best future to each defendant. If any would like their names removed from articles on this blog, or even the articles removed, contact me and it will be done.

I have already had one request from a defendant's family to remove the name or the posts about this case. All posts that discuss this Orlando case will be removed by tomorrow except this one will remain to counter any false information that refers to this case as "sex trafficking". It was an unbelievable and horrible awakening for these defendants.

Edit on 27 February 2012 @12:15pm EST

This morning Saida Babaeva was sentenced to "Time Served". I have read all of the documents that Saida's attorney submitted for sentencing and it appears that she is seeking asylum, though the reasons are personal and won't be noted herein.


Final defendant in Russian sex-trafficking ring sentenced to time served

If luck is with us, this is the last fucking time we will see an article so incorrectly titled by the Orlando Sentinel's pro-MBI and pro-prosecutor editor. No one in this case was charged with "sex-trafficking" and it was certainly not a sex-trafficking case.

If you missed it - I had already created the label "Sex Trafficking Trial - Orlando" as a result of the Sentinel's original incorrectly titled articles. Once I had access to my PACER account and read the case documents, I referred to it as the "Orlando Conspiracy Trial" because that is what it was.

If you would like any of the documents in this case contact me.

Paul Bergrin Prosecutors are Judge Shopping

Federal prosecutors in Newark want to have it their way and swap the fair and impartial US District Judge William J. Martini for a more prosecution friendly judge that helps in the quest to railroad Paul Bergrin. Hopefully the US Third Circuit Court of Appeals will send them the message that this ain't Burger King and they can't have it their way.

So which specific judge do prosecutors want on the Paul Bergrin trials in the future? Perhaps one that will be happy about receiving a Christmas card from an AUSA while deciding how to rule in relation to the next trial, shut-up about it, and rule it their way. They need a wink and nod judge at this point if the laughable evidence from the last trial bears any similarity to evidence in future trials. The main question that I have is: Who are the contenders for the position?

This is an odd group of federal prosecutors. They claimed solid evidence in the last trial, but produced only a lengthy parade of convicted felons exchanging testimony for sentence reductions and jailhouse informants that witnessed nothing at all seeking the same. If the evidence is solid then prosecutors should have nothing to fear; however, that is the main problem with the last trial: Prosecutors refuse to admit they had no actual evidence of anything. As if each actually believes every word stated by each so-called witness. As if! That in itself is laughable, or they're all dumb as dirt. Which is it? Of course there's the other possibility... that the convicted felons were each instructed and coached on wording prior to testimony, even though it was a big fail.

As it turns out, Lawrence Lustberg has really come through for Paul Bergrin. I owe the man an apology as I really do not know what transpired in that other case I mentioned in a previous post. Just because a defendant is not guilty and takes a plea deal doesn't mean that it had anything at all to do with the attorney. Perhaps it was a simple case of the price is right.

Yes, if the evidence in the next trial has any similarity at all to the evidence of the last trial, well, federal prosecutors do need to judge shop. I consider Judge Martini to be impartial and even feel that he sided with prosecutors on certain points. There are judges that would have acquitted Paul Bergrin and not just discussed it and considered it. The truth is that there should have been an acquittal on all counts. The simple fact is that there was no evidence.

So now we all wait for the ruling from the appeals court and eventually find out if federal prosecutors get to have it their way. Sore losers that they are, it is unlikely to stop at the appeals court if they do not get the opportunity to judge shop. This group has it in for Paul Bergrin, obviously, as they've already made too many deals with the devils (many of them) in this pursuit. The only remaining question is how far will they go?

I think they want a show trial.

Source article by Jason Grant with The Star-Ledger:

Alleging bias, federal prosecutors want judge removed in Bergrin murder trial

Orlando MBI: The Long War on Adults

The War on anything adult and all publishers of ads for anything adult in the Orlando metro area started over 3 decades ago for Orlando's Metropolitan Bureau of Investigation (MBI) and continues today. The Orlando MBI's overzealous agents have left a trail of thousands of victims, many still in state and federal prisons. I was one of the lucky victims (lucky I'm not spending life in prison anyway) and Memoirs of an Accused Madam is my story.

The most vehement critic of the Orlando MBI was always the Orlando Weekly and the agency managed to silence the newspaper's investigative reporting with the October 2007 arrests of several advertising sales employees for selling ads to escorts and unlicensed massage therapists that offered more than the law allows.

Many around back in 1996 could testify to the fact that this was not a new strategy for the MBI, myself included. The War on publishers of ads for adult business began with the Yellow Pages Fiasco, discussed in Memoirs, in 1996, when Sprint Publishing was threatened with a RICO case over a refusal to remove the “escort services” category in the Central Florida yellow pages. Sprint did remove the category, stopping the presses (literally) on the 1997 directories printed and distributed by November of 1996.

Someone stated to me back in 1993-94 that Orlando was a testing ground of some sort in relation to the eradication of anything involving adult business or vice, from gambling and bingo to escort services and X-rated movies. I believe it. The MBI's War on Adults has spread throughout the US these days with the attacks on Craigslist (an MBI priority before anyone else ever touched it) and now on Backpage.

Enjoy Bingo?

The MBI would have liked to make sure that you would never enjoy bingo in Orlando; however, Philip Furtney of Ontario fought the agency from 1995, until he died in late 2007, while in-process of a civil suit against members of the MBI Governing Board to retrieve his stolen property. Furtney's brother Bruce, on behalf of the estate, carried-on with the suit and won a judgment. As far as I am aware, Furtney's estate finally collected from the State of Florida.

I would like to keep Philip Leroy Furtney's criminal and civil cases alive in our memories forever and do so with the inclusion of links to posts on this blog. Never forget what the MBI is capable of:

The Bingo Racketeering Case

The Great Bingo Fiasco

Most Bizarre Racketeering Case Ever

True Investigative Reporting of a Renegade Agency

Over the years, the Orlando Weekly and its investigative reporters were often nipping at the heels of the dogs at the MBI. Retaliation is hell and the Weekly and its employees paid dearly for placing the agency in the public eye. One day last week I did a search for MBI articles written by Weekly reporters and each link was dead. A fear of sorts gripped me at the discovery, a fear that all the solid online information concerning the vicious pursuits of the MBI was being deleted and removed. Whew! It didn't happen and a few days later the links were all working. One other thought I had was that perhaps the Weekly had commissioned a book – that would have been wonderful; it would become a bestseller overnight. (Idea for the Weekly to help make-up for lost revenue!)

To keep the information out there I have compiled a list of important Orlando Weekly stories about the MBI over the last 10 years. Whatever the Weekly did last week with the links has made it so that the articles are on a dark red background with dark blue text – if you highlight the text it is much easier to read. They are in no particular order and searching the Orlando Weekly for stories on the MBI revealed 135 results so these are my picks:

29 Embarrassing Years: An MBI timeline

The Morality Police (scroll to view 2 images, 1 of the MBI director in 1989 and the other of Hitler's SA and both concerned over morality – scary stuff)

Operation MBI Shame: A close look at how Orlando's vice cops really operate

Cops in Cocoa stamp out sin

The MBI busts heads and Rich Crotty attempts to smile (smoke shop raids)

Our little Gestapo (MBI = "Central Florida's Church Lady with a Badge") (love this story!)

Score one for the MBI (about my federal civil suit being tossed with a twist at the end)

Something's Fishy (bad behavior of agents at a strip club)

Dirty Politics (on the Video Exposé takedown)

Operation Overexposed

Breasts out

Run 'Em Out of Town

The Booby Trap

Legal Haze (smoke shop raids)

The links I have included reveal what the MBI really is, but there are many cases that even the Weekly was not aware of and many defendants that have suffered at the hands of the overzealous agents of the Metropolitan Bureau of Investigation. Few appreciate this agency in Orlando – the citizens did not ask for this whacked task force to eliminate all that is adult in Orlando. I will leave it to you to figure out what monster enterprise did.

I have written about a variety of cases in Memoirs that are not in any Weekly articles. In the past couple of months I've discussed the Orlando federal conspiracy trial of the 11 defendants from Eastern Europe on this blog – this is indeed an MBI case. MBI is not a local agency. I am not clear on how the agency has changed since former Director William Lutz retired, though at the conclusion of Memoirs I did believe there had been a significant change. Well, I have changed my mind.

I consider it important to keep the information out there and perhaps if I had given away free copies of Memoirs a couple of years ago after it was published, the most recent case involving the Eastern European defendants would never have happened; maybe, just maybe, they would have passed on Orlando. If not for the arrests of the Weekly employees in late 2007, there would be many more articles of cases that are now buried by the MBI.

If you are an adult that likes to gamble, play bingo, visit smoke shops, rent X-rated movies, read X-rated books, get a massage with a happy ending, patronize strip clubs, or call escorts... well, Orlando is not the place to be. We live in a fantasy land for children here - think about it - Disney shut down Pleasure Island (the nightclub theme park) in late 2008, after 20 years, because of demands by visiting families. The MBI has not been dissolved yet, with emphasis on yet, and we can only hope that one day...

If you do not like me, realize that it is the MBI that made me the person that I am today. I like who I am, but if you don't, well, you should know that I used to be a nice, mild-mannered woman. More than a decade of continuous harassment, interference in my life, and a show trial that rivaled many in the Stalin era did it. Change can be a good thing. I learned to kick back.

Jason Itzler Disappears

I have written a few posts recently about Jason Itzler and occasionally I will look online at his current criminal case to see if there are any updates. I last looked a few weeks ago and there was a future court appearance date, but otherwise everything was the same: Itzler was still in jail and couldn't make bond.

Well, I just now looked as I was in New York WebCrims to see if there were any updates on the NY High Class prosecution (there are not). To my surprise, the major case against Jason Itzler totally disappeared. There are no cases showing at all under his name and trust me, there sure was before. My only posts on this blog concerning Itzler are:

Jason Itzler of NY Confidential Fame: Clown or Killer?
Too Many Enemies
More on Jason Itzler and Sumnicht's Death

Itzler was arrested on a list of major charges back on September 8 or 9 of 2011 - as in three months ago. I have been having an argument of sorts with one of his fans (not) on this blog and we all know the case existed. There are still news articles out there concerning his arrest and court appearances.

So what in the hell is going on with the guy and the case? Did he die in jail or is he being prepped/protected for his new career as a witness, namely in the Paul Bergrin case? If it involves being a witness, well, the guy has zero credibility so I cannot imagine what government prosecutors are thinking. He has always been rather close to a few news reporters, so I would think that it would be in the news if he died.

He is still showing on an inmate search for Riker's Island, for what that's worth. When I search WebCrims by the case number showing in NYC Dept. of Corrections, which states that Itzler is in the Manhattan Detention Complex (MDC), the result is "no cases found" - same as a name search.

Call me confused.

Edit 16 December 2011 @11:20am EST - Now the case shows in New York WebCrims. It also shows under "appearances" that Itzler was in court on 13 December 2011. Coincidence? I seriously doubt it.

In Support of Paul Bergrin

This post is to call your attention to the plight of high-profile defense attorney and former Assistant US Attorney Paul Bergrin of New Jersey. Paul Bergrin is a former military officer that represented one of the soldiers prosecuted in Abu Ghraib (Javal Davis) and Corey Clagett in the Operation Iron Triangle case in Iraq pro bono as he fought to hold Bush administration officials accountable for authorizing torture and violating the Geneva Conventions.

Paul Bergrin was fighting for Corey Clagett against all odds when he was himself arrested in 2007 on a slew of false felony charges in what was clearly a vendetta and a successful attempt to elicit guilty pleas from defendants and suppress further testimony in the Operation Iron Triangle case. By 2009, federal prosecutors added a lengthy list of outrageous counts against Bergrin, including murder conspiracy charges, and he has been awaiting trial in federal court in New Jersey since. The first trial on several severed counts resulted in a hung jury and mistrial on November 23, 2011. The judge stated at that time that the next trial, on 31 counts, would begin on January 4, 2012.

Paul Bergrin needs your support in the form of publicity. Please do not allow the federal government to quietly bury this zealous defense attorney that supported and represented US military soldiers against the Bush administration. The mainstream media is not reporting the truth about the cases against Paul Bergrin or the serious lack of evidence in these false allegations.

To find out more about how you can organize and help Paul Bergrin, please contact Creative Spirits of the State of New Jersey, a grass root organization founded in 1979, at 973-551-4235. Please visit the organization's website, http://www.paulbergrin.org to learn more about Paul Bergrin's courageous defense of US soldiers prosecuted overseas and his current predicament. Please do feel free to contact me with any questions that you may have regarding this extremely urgent matter.

Help us to make sure that the world is watching!

The Paul Bergrin Trial: Egregious Prosecutorial Misconduct

We have watched it before in high profile cases and as we sit on the sideline discussing the Paul Bergrin trial, it is omnipresent once again. In fact, for Bergrin, the egregious misconduct by prosecutors has continued since at least 2009, with no relief in sight. How many trials will this zealous defender of the persecuted be required to contend with himself?

The first trial is over, but may indeed be repeated as jurors have already announced to Judge Martini that they are deadlocked. How much fucking money will prosecutors spend to have it their way? Is there no end to the deep pockets of the Department of Justice? Oh wait – it is all taxpayer money so there's an endless supply available.

It is apparent to me that the jury in Paul Bergrin's trial has jurors that think like I do and want to see actual evidence if they're going to send a man to prison for life and jurors that just believe what a prosecutor says just because the prosecutor is supposed to represent the people and would never lie. Prosecutors are not supposed to seek convictions like notches on a belt; they are supposed to seek truth and justice.

Is a parade of convicted felon witnesses seeking reduced sentences in their own criminal cases seeking truth and justice? How about an FBI agent that threw the informant down a proverbial drain when she didn't help him before he was murdered on a Newark street? There are a few inconsistencies in testimony that tell me there is no way that the prosecutors in the Bergrin trial are not aware that their witnesses are lying on the stand.

I originally believed that the jury would find Paul “not guilty” on both counts quickly, but after a couple of days I realized that there is at least one of those types that blindly believe the statements of anyone claiming to represent the people and the government in a courtroom. These types do not even feel that a trial is necessary as after all, he was indicted and isn't that evidence enough?

Who needs trials and juries when everyone arrested and indicted must be guilty?

Isn't a random convicted felon serving a 10 or 20 year sentence that allegedly spent a few minutes discussing an informant with Baskerville in jail a few years ago a good witness? Do you really believe that Baskerville was so stupid as to discuss some intention to kill an informant with a cellmate? What does the cellmate have to gain by testifying? Years off his sentence.

And what of Paul's ex-girlfriend Yolanda “Jezebel” Jauregui that had a heated romance with drug trafficker Alejandro Castro – a man that she admitted to helping with his drug operation? What possible reason could Jauregui have to lie? She used Paul until there was no more to use and now she needs to weasel her way out of a 15 to 20 year prison sentence because she needs to “stop the lies” and “see her daughter”. It is clear that her daughter was far from the first thought on her mind for years. She was a busy little bee for sure.

But that Anthony Young – now he was a serious piece of work. This guy actually confessed to murdering Kemo Deshawn McCray on a Newark street even though the only witness, Kemo's stepfather, described a shooter with dreadlocks when Young had a shaved head at the time. He doesn't even bother to pretend he wore a wig and we are simply supposed to believe that the only real witness can't tell the difference between bald and dreadlocks. It's not enough that the agent in charge of handling Kemo refused to help him – now prosecutors must paint his stepfather as an unbelievable idiot when he was actually the only witness.

So why would Anthony Young confess to a murder that he didn't commit? Well, it was a lengthy story in the trial, but apparently he read a book that described what prosecutors and agents will accept in a witness and what they won't. They'll accept him if he was the shooter as long as the murder was ordered by someone else – enter Paul. We can suppose that Anthony Young is in witness protection now – he met the criteria.

A so-called witness can still be in a prison, but they're in under an alias. There's all sorts of benefits available to this type of witness, including a major reduction in sentences. I know (or rather knew) someone that was in federal prison under an alias. He tried to set me up, but thanks to a cop's advice I thought before I acted. It was nothing mysterious and something most people wouldn't think about twice and I didn't either, until the nice cop made a clear statement. Today he's free and clear and informing on an unknown number of people in South Florida, but before he decided to work with the feds he had a slew of charges, including importing cocaine (federal) and kidnapping with a weapon, conspiracy to commit murder etc... from the state. Now he has a clear record and only had to spend less than 10 years in prison for all of his crimes (state and federal). He testified against the Colombians to get it all though. Risky business indeed.

Sometimes I think about the many people that he helped lock away for life. As far as informant witnesses go, he was as dirty as they get, with the exception of Sammy Gravano. So why do federal prosecutors befriend and help such criminal witnesses? Because they're more than willing to lie on the stand and help a prosecutor create a career from dirt. The prosecutors in the Bergrin trials will be forever remembered favorably in their career field of choice if they get the convictions. This one could be eying the Attorney General position in his future.

The so-called evidence that we have witnessed in this trial is nothing more than a charade, a farce, and a criminal fraud perpetrated against the people and Paul Begrin. What can we possibly expect in the next trial? Truth and justice? LOL

On another note, I started a blog for Paul Bergrin and in the future intend to post all related posts on that blog. I have invited a couple of people to contribute and ideally I imagine 4 to 10 people contributing posts on a regular basis in relation to Paul Bergrin's next trial. I haven't decorated the blog yet and decided it would be 100% ad-free, but if you (the reader) have an interest in contributing, please do contact me. There will be no off-topic posts on that blog – it will be all about the next trial. If you are serious about participation, I will give you admin access so you can also design and change the blog. More on this soon...

Paul Bergrin's Closing Argument: Truth and Justice

While the Sammy Gravanos of the world enjoy first class witness protection, the Kemo Deshawn McCrays are shot dead on the street. Was Kemo far less important to his handlers than Sammy was to his? Does the level of protection correlate to the level of information offered by the witness?

Kemo did make many controlled drug buys for his FBI handler, Shawn Brokos. His work as an informant was so important that it successfully dismantled what prosecutors have repeatedly referred to as a “violent Newark gang” and placed William Baskerville in prison for life. Was Kemo not deserving of actual protection? He was denied entry to the Federal Witness Security Program according to trial testimony. Think about that for a moment.

The same people that denied Kemo protection for his risky work on their behalf seek to place Paul Bergrin in prison for life over the allegation of mentioning his name.

The same people that denied Kemo protection resulting in his murder on a Newark street offered a parade of convicted felons that traded testimony for relief in their own cases as witnesses against Paul Bergrin.

The same people that denied Kemo protection intend to reduce the prison sentence, yet again, of his confessed killer. Do they secretly know that Anthony Young was not the killer as they offer his perjured testimony for the jury or are they just kicking Kemo one more time?

Kemo has been dead for many years now and the same people are still kicking him, but now they make absurd attempts to blame his death on Paul Bergrin. How is that for truth and justice? Doesn't exactly make one want to run out and become the next informant for them, does it?

This case will soon be with the jury if it isn't already at this moment. I will be seriously and thoroughly shocked if Paul Bergrin is not acquitted on all counts. Is there still some semblance of truth and justice in the United States?

More soon...

The Case Against Paul Bergrin is a Charade

I must imagine that Judge Martini and the jurors expected to see actual evidence as they sat through a trial that has already lasted close to a month. They must be truly disappointed and feel that federal prosecutors have wasted their time. I know that I view it as time for Paul Bergrin to file a motion for acquittal as soon as prosecutors conclude their case, which could be today or tomorrow.

Prosecutors grabbed attention worldwide utilizing tools familiar to many, including me. They used the media to create a public charade and turn public opinion on Bergrin. They counted on the fact that perception often overrides actual evidence and influences jurors. The reality here is that there is no evidence that Bergrin is guilty of the crimes which he is on trial for.

Today the prosecutors have Thomas Moran, convicted felon seeking leniency, claiming a conversation with Paul as they walked through the Essex County jail one day so long ago. According to Moran, Paul Bergrin admitted to giving Baskerville's associates the name of the informant that was gunned down on a Newark street several months later. I seriously doubt everything that Moran says.

First of all, Baskerville doesn't sound like a stupid man to me. I have little doubt that he could figure out who the informant was in the case against him. It was a drug case and there were large drug sales to the informant (Kemo) and all it takes to figure out whodunnit is to know the amount of drugs involved in each sale and the approximate dates of each sale. Even without that, Baskerville most likely already had an idea. Most drug traffickers realize when they may have made a mistake.

This entire trial is a parade of convicted felons saying anything that seems to fit with the ultimate goal of knocking years off their own sentences. It is a charade care of federal prosecutors – far from the first time it's been done, and certainly not the last. This charade has included career criminals, jailhouse snitches, a mistress involved in drug trafficking with a lover, convicted felons that Paul gave a chance in life and allowed to work in his office, and anyone willing to tell a fictional tale of a non-existent conversation. What it does not include is any evidence at all.

If I were judge or jury, I'd feel scammed.

Paul Bergrin Trial: Week 3 Notes

This is my journal of weekly news and events in the ongoing Paul Bergrin trial. It is a summary of how I read the events and testimony and includes the news source. At the end of the post you'll find my assignment of points to the feds and to Paul Bergrin, and again this week to Judge Martini as well. I have my own personal point system that is interpretive and from my perspective and will most often be based on belief or disbelief of testimony. Points will accrue as the trial moves forward. Any statement in brackets should be attributed to me.

For me it is hard to understand how anyone can believe the testimony of the procession of convicted felons seeking to reduce their own prison sentences in exchange for testimony that helps to convict Paul Bergrin, but that is a reflection of my own experiences. Without going into too much detail here, I will say that listening to testimony that changed significantly from original deposition prior to my arrest to trial testimony was insightful and helped develop my understanding of how prosecutors work a case wherein the defendant must be discredited and viewed with contempt to achieve guilty verdicts.

In my own case, one witness stated in her original deposition that she had never met me, didn't know me, and only spoke with me briefly one time when I called my co-defendant's escort business looking for him and she answered the phone; this was the truth. By the time she plopped her ass on the witness stand during trial, that testimony changed to a claim of many conversations with me, including one in which I begged her to work for me and sex on calls was the topic. She was brought-in the courtroom in shackles, but this was hidden from the jury (they were removed from the courtroom) until she stood-up during testimony in an absurd attempt to make a point. She was incarcerated on some unrelated felony and faced several years in prison and she was working to reduce that sentence.

Another so-called witness testified that she went to an occasional call (once a month or so) during the six months she worked with me, charged additional $s for sex, and her and I never discussed sex when she was deposed; this was the truth. When she testified in trial, that statement abruptly transformed to her going to hundreds of calls in the brief time she worked with me and we discussed sex on calls frequently. Wow! Right?

Now these particular two so-called witnesses were just escorts – one answered my co-defendant's telephones on occasion and the other briefly worked with me. The seriously damaging statements came from other escort service owners as each was threatened with a major felony prosecution. There really was solid evidence against these other escort business owners for actual criminal activities (in one situation it involved credit card theft, forgery, and fraud), but instead of prosecuting any one of them, the MBI and prosecutors suborned their false, perjured testimony in my case.

Consider Salvatore “Sammy the Bull” Gravano

Sammy murdered anyone that stepped in his way and that included cops, innocent citizens, and fellow mobsters. Yet Gravano was a witness for federal prosecutors and helped them lock away an unimaginable number of people that committed crimes far less serious than his own. He served only a couple of years for the uncountable number of murders he committed as a result of selling his testimony to the government in exchange for a minor sentence. Being a career criminal, this later backfired on Gravano as he was sentenced to 19 years for his ecstasy trafficking ring and is currently in the Supermax USP in Colorado.

The Gravano story is clear evidence that prosecutors have no concern whatsoever when it comes to how horrific the crimes of informants are. In my own case, state witnesses were guilty of various crimes and escaped prison sentences by selling their false testimony to prosecutors. In the Paul Bergrin trial, the parade of criminal informants/witnesses that sold their testimony to the government are already convicted of crimes and seeking to reduce their own sentences. This is most often referred to as a Rule 35 Motion.

Note that Rule 35 omits the word “truthful”

There is nothing in Rule 35 of the Federal Rules of Criminal Procedure that states a requirement of truthful testimony or substantial assistance based on truth and facts. This is the most abused rule in existence in relation to federal crimes. It is frequently used in the pursuit of select defendants targeted by government prosecutors, for example Paul Bergrin. Paul is an attorney that frequently interacted with criminal defendants in connection to his law practice, so it wasn't too complicated for prosecutors to dig-up 20 people that have met and interacted with him on various occasions in a variety of locations.

When Paul allowed several of these so-called witnesses to work in his law office he must have seen the possibility of redemption and a changed life. In reality, several of them connected with other criminals under his nose and in his offices. Instead of being a positive influence in their lives, he gets this current parade of criminal liars that would say or do absolutely anything to get that sentence reduction under Rule 35. It's easy to say that he should have known better in hindsight. We often learn the hard way when it comes to helping others – I know that I sure did as I recounted the help I gave to several state witnesses in my own trial when I testified.

Do I still walk out on a limb to help people? No, not really, I tend to stay far away from people. I love animals though and have been known to feed the squirrels nuts and talk to the kitty cats around here. I admit to not even bothering to meet any neighbors. People can be dangerous. As stated in past posts, informants are a main reason that I passed on law school. The bottom line is that if no one really knows me or anything much about my life these days, well, no one can offer false testimony as there are no facts to include – facts of time, place, and events are necessary to connect the false testimony, throw in the damaging lies etc.... Yes, I blog... And?

Week 3 of the Paul Bergrin Trial

The trial didn't resume until Wednesday so it was a short and mostly uneventful week. Paul continued his cross-examination of the feds so-called witness and confessed killer of Kemo, Anthony Young. There was additional rehashing of the infamous evolving comment, “no Kemo, no case” that is really about an attorney telling a client that a crime with an actual eyewitness is a viable case.

Young is the one to claim that Paul Bergrin spoke to a group of major drug dealers on a dark Newark street corner and made some far-fetched directive to kill Kemo.

[Isabella's was used as some sort of stash house by Yolanda Jauregui and her drug trafficking relatives and cohorts.]

Source: Peter J. Sampson – The Record

Bergrin drills holes in witness testimony at trial

[So now prosecutors have Paul making this estranged statement to drug dealers on a dark street corner and a client in Isabella's. Will they also claim that he shouted it from the rooftops of Newark and how will it evolve if they do?]

Thursday began with Paul continuing the cross-exam of Anthony Young; however, about an hour into it Judge Martini called a recess, excused the jury, and voiced his displeasure with the star witness:

“This man has admitted to lying back and forth all over the place,” the judge said, referring to Young. “Every time he spoke to the FBI, he admitted to lying ... now he’s telling the truth.”

Judge Martini then put prosecutors in their place, having already warned both Gay and Minish privately: “When I rule against you, don’t shake your head,” Martini said. “You don’t like my rulings, sit down and keep a straight face.”

Judge Martini then made the most important declaration of all: ““You brought this indictment against this man, and he’s entitled to a fair trial,” Martini told the prosecutors, referring to Bergrin.”

The cross-examination eventually resumed and as Bergrin was concluding with Anthony Young, the so-called witness admitted that the “entire reason” he came forward, “was to gain his freedom and reduce his time in prison”. Young already received one letter of cooperation from prosecutors in the Baskerville case and is now working on another one.

Source: Peter J. Sampson – The Record

Judge in Bergrin murder conspiracy trial questions credibility of star witness

On Friday prosecutors called Abdul Williams to the stand. Williams is a convicted felon that Paul tried to help and was working in the law office for a short time in 2007. According to Williams, Paul confided in him that he feared Baskerville would implicate him. Williams described Paul as “agitated, annoyed, concerned, and flustered” on that day so long ago when he became confidant to Paul.

According to Jason Grant with The Star Ledger, Abdul Williams seemed to enjoy testifying against Paul. Williams often smirked, smiled, mocked and laughed during his testimony and in response to Paul's questions.

[Williams is nothing but a career criminal seeking a reduced sentence for his latest legal turmoil.]

[Recall for a moment the testimony of Yolanda Jauregui. Yolanda claimed that Paul referred to Baskerville as his “brother”. So why in the hell would Paul suddenly have this strange fear that he easily professed to career criminal Williams? This is the root problem with testimony filled with lies – the stories never really mix. Williams wouldn't have any testimony to offer if not for this claim, but prosecutors didn't foresee that it clashed with Yolanda's statement. The testimony from all government witnesses in this case is filled with similar inconsistencies.]

Source: Jason Grant – The Star Ledger

Paul Bergrin murder trial: Witness says Bergrin feared being implicated in shooting

All considered it was another uneventful week in the Paul Bergrin trial as prosecutors presented yet another career criminal seeking a reduced sentence to testify against Paul. The irony of this, at least to me, is that the vendetta against Bergrin is so strong that prosecutors are more than willing to put career criminals and confessed murderers back on the street in exchange for their false testimony. How many more so-called witnesses will later be filing that Rule 35 motion? How many more will be given letters of cooperation in prearranged deals for their state court cases?

Many defenders of the prosecution have mentioned this idiom often: If you lie down with dogs, you end-up with fleas. Clearly this is applicable to the federal prosecutors and their witnesses in this case.

POINTS

Paul Bergrin – 6 (accrued – 21)

U.S. District Judge William Martini – 5 (accrued – 10)

the feds – 0 (accrued – 1) 

Paul Bergrin Trial: Week 2 Notes

This is my journal of weekly news and events in the ongoing Paul Bergrin trial. It is a summary of how I read the events and testimony and includes the news source. At the end of the post you'll find my assignment of points to the feds and to Paul Bergrin, and this week to Judge Martini as well. I have my own personal point system and it is not scientific, but more interpretive and from my perspective and will most often be based on belief or disbelief of testimony. Points will accrue as the trial moves forward. Any statement in brackets should be attributed to me.

Week 2 of the Paul Bergrin trial started off with a bang as the jury heard from Paul's former girlfriend, Yolanda Jauregui, who is occasionally referred to as “jezebel” herein. The Urban Dictionary defines “jezebel” as “a girl who is incredibly manipulative and fucks with dudes minds,” and that is also my definition and viewpoint of Yolanda. 

The week ended with a bang as the man referred to as prosecutors' “key witness” testified and Paul exposed the many discrepancies in his testimony. Judge Martini declared a recess until Wednesday, November 2, 2011, probably to decide if he should toss the entire case out.

Week 2 Trial Events and Testimony Recap

The mental picture of a soft-spoken, meek Yolanda Jauregui testifying against Paul doesn't match the description of her that I have heard in past, but then she is the actress and the courtroom is her stage as she works it to gain favor with prosecutors in her own drug trafficking case. Not much unlike working Paul for years.

Jezebel cried crocodile tears to gain sympathy from unsuspecting jurors and when the prosecutor asked her why she was cooperating with the government against Paul Bergrin, “Through tears, she said, “I want it to end, the lies. ... I just wanted to end the lies, the lifestyle I was living in.””

[No problem dear. That lifestyle, care of Paul Bergrin, is over forever. Get used to your new digs in club fed, cause you're going to be there for years to come.]

Source: Jason Grant – The Star Ledger

Paul Bergrin murder trial: ex-girlfriend testifies he told her drug kingpin was 'like a brother to him'

Jezebel had the audacity to look at Paul with a half smile, sit down on the witness stand, and pour herself a glass of water. She testified that as a 17 year-old she went to Paul's office under false pretenses and flirted with him to get his attention. She played games with frequent phone calls and drop-in visits for years and when she was 25 years old, the relationship turned romantic [i.e. Paul eventually fell for her trap]. A short time later (2002), she became “partners” in the restaurant with Paul.

Ms. Jauregui testified concerning the alleged conversation Paul had with Curry and Claudio in the restaurant back in 2003, admitting that she couldn't hear a word. On cross-examination, Paul pointed out the various inconsistencies between her testimony and her statements to the FBI, and she responded, “They probably misunderstood me wrong, you know?”

“She acknowledged she had an intimate relationship with Alejandro Barraza-Castro, who also pled guilty to drug trafficking in this case, while she was living with Bergrin. Jauregui faces 20 years to life in prison on her charges.”

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: Ex-girlfriend says attorney met with major drug dealer,supplier

[So long, farewell, auf wiedersehen, goodbye...]

Tuesday and Wednesday would reveal an array of testimony, from a crime scene investigator that changed his report years later to a jailhouse snitch to a career criminal and Kemo's stepfather, Johnnie Davis.

Kemo Deshawn McCray's stepfather, Johnnie Davis, testified and was able to misdirect his anger at Paul Bergrin, though in reality we all know the family blames the FBI for his murder on a Newark street.

“In the year before his murder, McCray had worn a wire for the FBI as he made six crack cocaine purchases from a dealer named William Baskerville.”

Davis had identified someone with dreadlocks as the shooter of his stepson, but prosecutors would be calling a bald Anthony Young to the stand next. Young “confessed,” was convicted in the murder, and would testify to further reduce his 30 year prison sentence.

Source: Peter J. Sampson – The Record

Witness at Bergrin trial angrily describes son's slaying

[What happened to Kemo is sad and I feel for his family. Apparently the feds were able to push buttons with Johnnie Davis and misdirect his anger at Paul. The bottom line is that Kemo played in a heavy game, helping the feds set-up major drug traffickers, and they did not protect him. He should have been in WitSec.]

Richard Hosten, another convicted drug dealer seeking favor with prosecutors, testified that major drug trafficker Baskerville discussed his case with him in lock-up. Since few people in such positions are that stupid, or they wouldn't have such a position, and Hosten is another convict looking for a better sentence, I will leave this one. Enough is enough guys, really...

A former client of Bergrin's, Albert Castro, claimed that Paul offered him $10K to kill Kemo and even added that Paul tried to sleep with his 5 ft. 350lb. 21 year-old daughter. Oh well – at least he cut his deal to save his daughter from drug trafficking charges when kilos of coke were seized from her home, though they were probably his kilos.

“Bergrin initially represented Castro after he was arrested in 2008 by the Essex County Prosecutor’s Office on charges of drug trafficking, attempted murder of a police officer, gun possession and planning to rob a restaurant.”

[Alrighty then. One more lying loser. Good grief!]

Source: Peter J. Sampson – The Record

Drug dealer says Bergrin offered him $10K to 'hit' FBI informant

The articles concerning the evolving testimony of a forensic pathologist seem to be missing in action. I recall reading the testimony though, and it changed substantially from his original report.

The next on the stand to testilie would be “confessed” shooter Anthony Young. According to Young, Paul plainly spelled out the directive to kill Kemo to five different people, contradicting earlier testimony by prosecution witnesses. Young actually claimed that Bergrin stated this directive on a Newark street corner to five major drug dealers

According to Young, alleged drug organization leader Hakeem Curry offered $15K to the first one to find and kill Kemo. “Young said he wanted the cash because, although he had $50,000 to $60,000 stashed at his house, he wanted extra funds to finance an upcoming trip to Los Angeles for the NBA All-Star Game.”

[I thought Kemo was killed in early March. The game referenced by Young was on February 15, 2004 – thank you MotoGP in the article Comments section. This is a major conflict with the testimony, but no more so than imagining Bergrin standing on a street corner in Newark with five major drug dealers, directing them to kill Kemo.]

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: Confessed shooter of federal informant provides damaging testimony

[MaryAnn – Excellent coverage of the trial! One thing though, concerning the title of this article: You are referring to testimony damaging to the government, right?]

Before Paul Bergrin would get the chance to cross-examine Young, the jury would be removed from the courtroom twice by US District Judge William Martini. The judge is already tired of the government procession of lying convicted felons brought from prison to testify against Paul Bergrin.

[So are we Judge Martini, so are we.]

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: Judge sends jury out of courtroom twice over troubles with witness

Finally we reach the end of the week and the cross-examination of Anthony Young. It's clear that Young was coached by prosecutors, and probably coached for a week. When a “witness” tries to memorize false testimony, well, it's bound to be mixed-up. It was indeed confusing and Paul hammered away at each and every discrepancy. Young denied being coached, though his testimony had changed substantially to fit securely into the prosecutor's description of events. This guy is so used to lying on the stand that he's almost got it down to a science; however, he was no match for Paul.

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: attorney exposes discrepancies of key prosecution witness

[I truly would not be surprised if Judge Martini tossed this abhorrent parade of convicts seeking leniency and obviously malicious prosecution next week.]

There is a recess until Wednesday, November 2, 2011.

POINTS

Paul Bergrin – 11 (accrued – 15)

US District Judge William Martini – 5

feds – 1 (accrued – 1)

Paul Bergrin Trial: When Prosecutors Lose Focus

US District Judge William Martini has a new admirer: me. Prosecutors are supposed to represent the people and seek truth and justice, but it is all too obvious that Bergrin's prosecutors lost their way long ago, as many have in courts around the US.

We are in week #2 of one of the most watched trials in recent history and US District Judge William Martini is already tired of the government procession of lying convicted felons brought from prison to testify against Paul Bergrin. One can only imagine what Judge Martini would have thought if he had presided over the Nino Lyons trial in the Middle District of Florida with 31 convicted felons transported from prisons to testify (or rather testilie) for prosecutors.

These days prosecutors ignore truth and forget that they're supposed to be representing the people. The one and only goal is to obtain convictions at all costs. According to MaryAnn Spoto with The Star Ledger, Judge Martini has sent the jury out of the courtroom twice so far today to refresh AUSA Joseph Minish's memory as to why he is there: “The process here is to search for the truth.’’

Paul Bergrin murder trial: Judge sends jury out of courtroom twice over troubles with witness

If these prosecutors had ever been searching for truth, there wouldn't be a trial.

Peter Sampson with The Record reported that AUSA Stephen Sanders had the audacity to complain to Judge Martini and actually stated that, “It is the jury’s job to determine who is telling the truth”.

Judge in Bergrin murder conspiracy trial says he's 'deeply concerned' about witness testimony

Yes, it is the jury's job to determine truth; however, it is the prosecutor's job to present witnesses that they at least believe to be truthful. With the witness testimony in the Bergrin trial and a list of other cases I have watched, including my own in past, it is clear that these prosecutors are either dumb as doorknobs or knowingly offering-up liars with the hope that the jury is.

It's great to know there are still judges around that believe in truth and justice in the courtroom!

Paul Bergrin Trial: Twisting Words and Meaning

At the root of the case against Paul Bergrin is a statement that he allegedly made to associates of client William Baskerville. That statement has been used in the prosecution's opening statement and thrown-in during testimony by government witnesses. Each time the statement is used it is in quotation marks, so I am going to assume that the reporter writing the article is quoting from actual trial testimony.

The varied quotes of the statement

In the prosecutor's opening statement it reads, “No Kemo, no case.”

Source: Jason Grant – The Star Ledger

Emotional opening arguments in murder trial of high-profile attorney Paul Bergrin

When Ramon Jimenez testified for the prosecution, his quote of the statement alters the meaning in favor of Paul Bergrin:

“During two hours of testifying for the prosecution, Jimenez also said he overheard Bergrin tell Curry if “there had been no witness, there would have been no case.’’”

Source: MaryAnn Spoto – The Star Ledger

Paul Bergrin murder trial: Former employee testifies against attorney

During cross-examination of Ramon Jimenez, Paul Bergrin quotes the statement as:

“”On all these meetings (you had) with the government, with your attorney present, isn’t it a fact that you never mentioned that statement you say you heard from me, ‘If there is no witness, there is no case? ' “” Bergrin also establishes that Jimenez never mentioned this statement to the feds until much later, when he found out he was going to be charged with a serious drug crime.

Source: Jason Grant – The Star Ledger

Paul Bergrin murder trial: Witness admits lying to FBI investigators

According to the summary of the racketeering count in the actual indictment, the statement is much more involved:

1. Racketeering Act One: In 2003 and 2004, Bergrin, as a partner in PB&V, represented a client with the initials ―W.B.,‖ who was being held on federal drug trafficking charges. W.B. informed Bergrin during a private attorney-client visit that ―K.D.M.‖ was the government's key witness against him. Bergrin relayed that information to W.B.'s drug associates along with his own message that if they killed K.D.M., he could assure that W.B. escaped prison, but if they did not, W.B. would spend the rest of his life in jail. Those associates subsequently murdered K.D.M.

Source: Who is Paul Bergrin? The Feds 39 Count Indictment

From #11 of the Certification of DEA Agent Michael Smith:

11. Thereafter, in a telephone conversation and a face to face meeting, BERGRIN

passed the identity of the informant on to William Baskerville’s drug associates and told them that if they didn't kill “Kemo,” William Baskerville would spend the rest of his life in jail. After BERGRIN discussed how Baskerville’s drug associates were going to pay BERGRIN’s legal fee for his representation of William Baskerville, BERGRIN said that if there was no “Kemo” to testify against William Baskerville, there would be no case against William Baskerville. BERGRIN said that if “Kemo” was dead, that William Baskerville would definitely get out of jail. When BERGRIN left the meeting, he said “remember what I said, no Kemo, no case.”

Source: Who is Paul Bergrin?

This simple statement has seriously evolved, depending on who is repeating it

Federal prosecutors took that simple statement related by a convicted drug dealer (Ramon Jimenez) long after it was allegedly stated and twisted it into a murder plot to obtain the indictment, and it worked. DEA Agent Michael Smith made a sworn certification about a murder plot derived from a statement that didn't exist, at least not according to the witness that overheard it, Ramon Jimenez. Prosecutors then repeatedly stated to news reporters and in the opening argument at trial a shortened version: “No Kemo, no case.”

Do you see the serious differences and twists of this statement? This has really bothered me – anyone can take any statement out of context, but this is far more than an out of context statement; it is a complete rewrite of the screenplay.

When Paul Bergrin supposedly had this conversation that Ramon Jimenez overheard, the statement, at least according to Jimenez's testimony was, “if “there had been no witness, there would have been no case.’’

It could easily be interpreted as Paul Bergrin stating a pure fact: This is a case that wouldn't exist, but it does because there is a witness to the act and there isn't anything you can do for your associate. It sure as hell doesn't translate to an order or even an idea to kill, if it was ever stated to begin with.

No motive, no case.