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#1486695 --- 07/09/16 03:14 PM Conlon and Gardner not Honorable
helpme Offline
Member

Registered: 11/15/13
Posts: 136
Loc: dresden
Matt Conlon who was just elected Penn Yan village Justice for 4 years now wants to be elected County Judge claiming he is well qualified because he has experience as village justice. On April 18,2016 in Penn Yan Village Court Judge Conlon knowingly incarceration a man more that the law allowed with the approval of District Attorney Gardner, the man's lawyer filed a "Writ of Habeas Corpus with the Yates Supreme Court Judge Pat Falvey. The "Decision And Judgment" handed down on April 21 by Judge Falvey stated the petitioner should have been released on April 19,2016 when 15 days were up and now the court finds that the detention of the Petitioner "Defendant" by said Respondent "Judge Conlon' is "ILLEGAL" in that he was detained past the 15 days set forth in CPL 420.35 and defendant must be released from his false imprisonment. Judge Conlon is unfit to be Yates County Judge and this is confirmed by the Decision and Judgment of the Honorable Judge Falvey, after this injustice no way could Conlon or Gardner ever place 'HONORABLE" in front of their name.


Edited by helpme (07/09/16 03:23 PM)

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#1486729 --- 07/10/16 10:26 AM Re: Conlon and Gardner not Honorable [Re: helpme]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2607
Loc: Yates County
OK "helpme", you could wait another month or so before you go on the attack for Mr. Cook.

Again, I ask you to publish this decision and the facts surrounding it. You ignored it the last time I asked on another matter.

I believe the viewers on here could decide for themselves if they knew all the facts surrounding this case. I could then render my own judgment rather than rely on your twisted interpretation of what has been given to you. smile
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1486731 --- 07/10/16 10:29 AM Re: Conlon and Gardner not Honorable [Re: helpme]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2607
Loc: Yates County
Also, you should ask Mr. Cook for some financial support for all the promoting you do for him. If he can afford to pay a campaign chair 20K to help him get elected he could throw you a bone!! smile
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1486734 --- 07/10/16 11:33 AM Re: Conlon and Gardner not Honorable [Re: Mean Gene]
helpme Offline
Member

Registered: 11/15/13
Posts: 136
Loc: dresden
Index No. 2016-0055, MG go to the Yates County Clerk's office and read the file for yourself. Now that your ace in the hole VAl and your jack in the hole Matt have been proven unfit by the Honorable Judge Falvey for the position of Yates County Judge will you be voting for Jason Cook?

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#1486735 --- 07/10/16 12:25 PM Re: Conlon and Gardner not Honorable [Re: helpme]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2607
Loc: Yates County
It is with a reasonable degree of certainty I don't believe your rendition of what happened. I have no desire to waste my time at the Clerks office. If you feel its important to have people believe what you say you should post the decision so we can see the whole story.
Otherwise I will continue to take what you say with a grain of salt!
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1486737 --- 07/10/16 01:56 PM Re: Conlon and Gardner not Honorable [Re: Mean Gene]
helpme Offline
Member

Registered: 11/15/13
Posts: 136
Loc: dresden
Sure it's hard to believe Judge Conlon would knowingly illegality put a man behind bars while District Attorney Gardner silently stood by and allowed it to happen knowing it was illegal, but as we know she is heading to court to answer charges she withheld documents that County Attorney Scott Falvey told her she must produce as requested in a foil request. Yes MG it's sad that two out of three candidates for County Judge are dirty, that's why I'm informing gullible voters like you that Val and Matt are unfit for such a honorable office as the County Judge. MG I would be willing to loan you a couple bucks for the decision if that's the reason you don't want to go to the County Clerk.

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#1486751 --- 07/10/16 10:35 PM Re: Conlon and Gardner not Honorable [Re: helpme]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2607
Loc: Yates County
yada yada yada....
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1486861 --- 07/13/16 12:26 AM Re: Conlon and Gardner not Honorable [Re: helpme]
locallady Offline
Junior Member

Registered: 08/21/13
Posts: 7
Loc: dundee,ny
i wish I knew how to post photos on here funny cause DILF band had post with our precious Valerie partying away and now they suddenly disappear from their face book page they were dated april 2015 just the kind of person I want sitting at the bench one that parties it up with all the drunks no wonder why dwi confiction rates have dropped they are all her friends she is a pathetic excuse for a DA I personally sat in the court room while she hugged and cried with Livermore on her sentencing day that case was an open and shut case and should never have taken as long as it did to close I know personally Valerie did all she could to keep Livermore out of serving time thank our lucky starts judge falvey was still on the bench and wouldn't except the many plea bargains Valerie offered I'm sorry I know we are all human but as the DA you are suppose to protect the innocent and prosecute those breaking the law not hug and cry for them DISGUSTED is an understatement

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#1486888 --- 07/13/16 03:11 PM Re: Conlon and Gardner not Honorable [Re: locallady]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2607
Loc: Yates County
I wish you knew how to use proper grammar! smile
She is the lead singer in a band, people have a right to do something for relaxation, singing in a band is not a poor reflection of ones personality. I have seen the other two candidates in bars partaking, its not against the law.

I would rather have someone who has a sense of right and wrong than a Mr. Cook who tried to convict a poor woman for abusing her child when the medical evidence clearly showed it wasn't the case.

A prosecutors sole job is to see that Justice is done. Not to get a conviction at all costs.

Obviously you are still mad your guy lost the contest for District Attorney. Let it go......
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1486895 --- 07/13/16 05:29 PM Re: Conlon and Gardner not Honorable [Re: Mean Gene]
helpme Offline
Member

Registered: 11/15/13
Posts: 136
Loc: dresden
Well disco Val's ignorance of the law has set a man free who was indicted last year for sexual abuse in the first degree, a class D Felony and one count of forcible touching and three counts of Endangering the Welfare of a Child. Judge Falvey ruled that the evidence that DA Val present to the Grand Jury "letters" was being suppressed as Poison Fruit" because they were procured as a result of improper conversations between defendant and authorities. Gardner is unfit to be DA and should never be Judge, I wonder what toll this terrible injustice has done to the victim?

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#1486905 --- 07/14/16 08:56 AM Re: Conlon and Gardner not Honorable [Re: helpme]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2607
Loc: Yates County
When did you get your law degree? If one is to give credence to what you say it appears that someone other than the D.A. procured the stated "letters" that were presented. Neither you nor I know what else was presented at Grand Jury. Sex Abusers are the scum of the earth, if the "letters" were needed for an indictment than I applaud the D.A. for being aggressive in pursuing the case.

Seems though you complain that she is too lax and now you are complaining she is too aggressive.

I think you just like to complain about anyone but Cook. smile
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1486937 --- 07/15/16 05:20 AM Re: Conlon and Gardner not Honorable [Re: Mean Gene]
helpme Offline
Member

Registered: 11/15/13
Posts: 136
Loc: dresden
Gardner should know what is admissible as evidence in a Grand Jury and what isn't, if she doesn't know that as the District attorney she surely isn't quality to be Judge. Look what she has cost the taxpayers for being incompetent, assembling a Grand Jury, court staff cost, clogging up the court system, she just spent the money she claimed she would save the taxpayers if she was elected District Attorney. That isn't the first time she screwed up an indictment in her 2 disastrous years as D.A. Val is a phony who has fooled many voters as you that she is qualified but actually she is lazy, incompetent, and has very knowledge of the law, and you can believe she is morally fit to rule over Family Court the way she conducts in public "bar hopping" and dancing on bars.


Edited by helpme (07/15/16 05:21 AM)

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#1486939 --- 07/15/16 06:48 AM Re: Conlon and Gardner not Honorable [Re: helpme]
newsman38 Offline
Senior Member

Registered: 03/21/01
Posts: 4675
Loc: Fourth Estate
Originally Posted By: helpme
Gardner should know what is admissible as evidence in a Grand Jury and what isn't, if she doesn't know that as the District attorney she surely isn't quality to be Judge.


[*1] People v Shirah 2008 NY Slip Op 525...ciary Law 431:

APPEARANCES:
Yates County District Attorney
(Jason L. Cook, Esq., of Counsel)
Attorney for the People



Defendant, Michael W. Shirah, was indicted on July 11, 2008 for one count of Attempted Assault in the Second Degree, a class E felony, in violation of Penal Law 110.00 and 120.05(9) and two counts of Endangering the Welfare of a Child, a class A Misdemeanor, in violation of Penal Law 260.10(1). Defendant was initially charge by Informations in the Village of Penn Yan Justice Court on June 18, 2007 for one Count each of Assault in the Third Degree (Penal Law 120.00) and Endangering the Welfare of a Child [Penal Law 260.10(1)] both class A Misdemeanors.

Defendant, now moves for assorted forms of relief as requested in the defendant's Notice of Omnibus Motion dated November 14, 2008 and accompanying Affirmation.

Based on the defendant's motion papers, the District Attorney's affirmation in opposition dated December 5, 2008; all submissions, the Grand Jury Minutes, the arguments had and all the proceedings herein the Court decides as follows:


THE GRAND JURY PROCEEDINGS AS FAILING TO CONFORM
TO CPL ARTICLE 190; MOTION TO INSPECT AND DISMISS

Whether an indictment must be dismissed is governed by CPL 210.35, and requires a showing of "possible prejudice." People v. Huston, 88 NY2d 400; People v. Di Falco, 44 NY2d 482.

"Dismissal of indictments under 210.35(5) should thus be limited to those instances where prosecutorial wrongdoing, fraudulent conduct or errors potentially prejudice the ultimate decision reached by the Grand Jury. The likelihood of prejudice turns on the particular facts of each case, including the weight and nature of the admissible proof adduced to support the indictment and the degree of inappropriate prosecutorial influence or bias." Huston, supra , p. 409.

A review of the grand jury minutes in the case at bar shows that the People did not charge the justification defense. Thus, the court must determine, whether, the record viewed in the light most favorable to the defendant supported the justification defense. "If the District Attorney failed to instruct the grand jury on a defense that would eliminate a needless or unfounded prosecution, the proceeding is defective, mandating dismissal of the indictment (see CPL 210.35[5]; People v. Valles, 62 NY2d 36, 38; People v. Calbud, Inc., 49 NY2d 389)." People v. Samuels, 12 AD3d 695.

there was adequate proof before the Grand Jury that the defendant, a parent of a child under age 21, used non-deadly physical force upon the child "when, and to the extent that he reasonably believes it necessary to maintain discipline". Penal Law 35.10(1).

Therefore, the failure of the District Attorney to give the "necessary and appropriate" charge of justification requires that Count I (Attempted Assault Second Degree) be dismissed.

The foregoing constitutes the Opinion, Decision and Judgment of this Court.

SO ORDERED.

Dated: December _____, 2008.

______________________________

W. Patrick Falvey

Yates County Judge

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#1486970 --- 07/15/16 06:11 PM Re: Conlon and Gardner not Honorable [Re: newsman38]
helpme Offline
Member

Registered: 11/15/13
Posts: 136
Loc: dresden
Quite a little story you must work for the National Enquire, It appears parts of the decision were doctored like the part on Appearances Yates County District Attorney Jason Cook. Jason Cook might have sat in for his boss to hear the decision and order but he wasn't District Attorney in 2008 he was assistant D.A. and he wasn't the one who presented the case to the grand jury his boss did, and "NOT ALL" the charges were dismissed. Val should find someone who knows what their talking about not some supporter who needs to get a life.


Edited by helpme (07/15/16 07:47 PM)

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#1486973 --- 07/15/16 10:21 PM Re: Conlon and Gardner not Honorable [Re: helpme]
Shakira Offline
Junior Member

Registered: 01/26/16
Posts: 7
Isn't this quite the interesting thread! Valerie made the only decision she could under the law. It's up to the legislators to make the law, her role is to abide by it. Cook and Conlon have nowhere the experience in all 3 courts that she does. No brainer, people.

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#1486974 --- 07/15/16 10:54 PM Re: Conlon and Gardner not Honorable [Re: helpme]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2607
Loc: Yates County
helpme, must be you have Jason's cell number so you can consult with him on all your posts. smile

If you have not figured it out yet, the Criminal Justice system is setup with Prosecutors, defense lawyers and Judges. They all have their own purpose and function. It is to see that justice is done. (or at least that is the premise) If everything that a prosecutor does is perfect we would not need a judge to rule on motions nor would we need defense attorneys to argue cases.

The law and rulings evolve over the years. I can tell you about a nearby area County Court Judge who caused two convictions after trial in two different counties to be overturned on appeal and new trials ordered because his error in jury selection. I would call that an error the first time and a screw up the second time seeing how it was based on the same set of circumstances.

Your constant rants and railing are repetitive. We all understand you hate Ms. Gardner and love Mr. Cook.
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1486975 --- 07/16/16 04:39 AM Re: Conlon and Gardner not Honorable [Re: Shakira]
helpme Offline
Member

Registered: 11/15/13
Posts: 136
Loc: dresden
Back to earth, what are you talking about?

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#1486985 --- 07/16/16 09:29 AM Re: Conlon and Gardner not Honorable [Re: helpme]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2607
Loc: Yates County
Just trying to point out to you in the simplest terms possible that the court system is not perfect. Checks and balances are in place to correct things.
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1486986 --- 07/16/16 09:34 AM Re: Conlon and Gardner not Honorable [Re: helpme]
Mean Gene Offline
Senior Member

Registered: 08/10/09
Posts: 2607
Loc: Yates County
helpme, the next time you talk to your guy Mr. Cook ask him why his Face Book page picture shows him using an assistant public defender from Schuyler county as his model. The guy is a local, vocal drug legalization advocate.....
_________________________
"Rational arguments based upon ample evidence will not change the minds of irrational people"

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#1487003 --- 07/16/16 08:30 PM Re: Conlon and Gardner not Honorable [Re: Mean Gene]
helpme Offline
Member

Registered: 11/15/13
Posts: 136
Loc: dresden
MG I did ask him, he says that picture is about 20 years old and it's of you when you had hair and I added brains also.

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