1 How awesome would THAT be?? For GWB to get to name at least 1 and possibly 2 or 3 MORE Justices??

The Dems would roll over and die...

2 MEMORANDUM OPINION AND ORDER

RE: In the Matter of a Complaint Filed Under

28 U.S.C. 351. et seq.

J.C, No. 06-04


http://www.nooneisabovethelaw.com/pages/6/index.htm

JUDICIAL COUNCIL OF THE THIRD CIRCUIT

J.C. No. 06-04

IN RE: COMPLAINT OF JUDICIAL MISCONDUCT

OR DISABILITY

ORIGINAL PROCEEDINGS UNDER 28 U.S.C. § 351

MEMORANDUM OPINION

(Filed: January 26, 2006)

PRESENT: ROTH, Circuit Judge

This is a complaint filed pursuant to 28 U.S.C. § 351 against a United States Circuit Judge [Judge Alito]. [Judge Alito] has been nominated by the President to a different position within the federal government.[ii] According to [Heimbecker], [Judge Alito], as part of the proceedings before a Senate Committee in regard to his confirmation, was asked in a written questionnaire, "Please provide a list of any instance during your tenure on the Third Circuit that there has been a request for you to recuse yourself from a case, motion, or matter, or when you have otherwise considered recusing yourself from a case, motion or matter."

Judge Alito has admitted failing to include 03-2180 and blamed it on a computer coding error.

3 Does the phrase "one trick pony" have any meaning to you, Jim?

4 Alito lied, it all started when 3 Philly firemen died. God bless the families & memories of Captain Holcombe & Firefighters McAllister & Chapell.


THE MERIDIAN FIRE…the untold story..



The story in back of the Fryman Fix...why the 3rd Circuit including Judge Alito is covering up the perjury of Judge Legrome Davis...investigating Judge Davis will expose Louis Fryman...former law partner and brother-in-law of Former Chief Judge Edward Becker ...best friend of Arlen Specter...all protecting Ronald Rubin.

In the Fall of 1990 Ronald Rubin, an owner of One Meridian Plaza, published an article in his own newspaper, “ Developments”, announcing a major renovation of One Meridian Plaza. The expressed goal was to “create increased identification for the building at street level”. In light of subsequent events he was very successful at increasing the building’s identification. In describing all the upgrades and improvements no mention was made of installing sprinklers, like Comcast had on the 30th to 35th floors, or improving the existing safety systems. (Exhibit 1- “Developments” Fall 1990)

An additional article, in the same publication, profiled one Robert Herbert the Building Manager of One Meridian Plaza. Herbert described in great detail his knowledge of the building and it’s amenities but failed to mention the safety systems. (Exhibit 2- “Developments” Pg 2)

On January 8, 1991, at a hearing in Philadelphia Common Pleas Court, Mellon Bank charged that Ronald Rubin reneged on an agreement to purchase Two Mellon Bank Center, the building adjacent to One Meridian Plaza. In it’s suit against Rubin, Mellon alleged concerns about the financial health of the Rubin Company. (Exhibit 3- Phila. Inq. 1/9/91).

Failure to complete the settlement on Two Mellon Bank Center would prove to be fortuitous for Rubin for just 47 days later, on February 24, 1991, a disaster would strike! On that date, a devastating fire claimed the lives of three brave Philadelphia Firemen and the cause of their death was the lack of enough sprinklers and the failure of other safety systems according to former Fire Commissioner William Richmond, who blamed the tragedy on too few sprinklers. (Exhibit 4- Phila. Inq. 2/25/91 )

On March 13, 1991, Fire Commissioner Roger Ulshafer charged negligence and detailed Rubin’s lack of cooperation. (Exhibit 5-Phila.Inq. 3/13/91).

On April 3, 1991, Fire Commissioner Roger Ulshafer charged L & I was too corrupt to be trusted. (Exhibit 6- Phila. Inq. 4/3/91)

In July of 1991, five months after the Meridian fire, one of Rubin’s Building managers was questioned about his Real Estate license status in an unrelated matter. The manager was unlicensed. A cover-up was orchestrated to stop this inquiry because the manager of the Meridian at the time of the fire, Robert Herbert, was also unlicensed and therefore legally incompetent to be managing the Meridian. At risk was not only the insurance coverage of the Meridian but also Rubin’s Real Estate Broker’s license and his reputation. Rubin needed a report of a thorough investigation and no evidence of criminal wrongdoing to maintain the Insurance coverage.

On December 5,1991, in a press conference, the District Attorney announced that no criminal charges will be brought against anyone. She also claimed “We didn’t close our eyes to anything”. After she was pressed on how her investigation could be conducted thoroughly without interviewing key witnesses, the District Attorney ended the news conference and walked out. (Exhibit 7- Phila. Inq. 12/5/91)

On December 5,1991, the following issues were in play. Rubin had engaged in a pattern of illegal conduct by employing unlicensed, and therefore legally incompetent, personnel to engage in real estate namely; property management and leasing. That day the District Attorney absolved Ronald Rubin of any criminal conduct and he went on to deal with Aetna Insurance Company in the largest fire loss in that Company’s history. How did Rubin respond?

On February 13, 1993, Rubin filed suit against 21 Companies alleging they were all to blame, not him, and demanded Four Hundred Million Dollars.

Incredibly, after District Attorney Abraham had taken Rubin off the hook, he actually BLAMED THE FIRE COMMANDERS FOR THE DEATH OF THEIR MEN (Exhibit 8- Phila. Inq. 2/13/93).

Eleven days later, on February 24, 1993, a suit was filed against Rubin. It charged that greed set Meridian Plaza Policy. It alleged that Rubin and several others “personally decided to place life safety and fire prevention behind cosmetic and aesthetic improvements so that rents would improve and their economic bottom line enhanced at the expense of the public interest.” If this conduct is not risking a catastrophe it surely rises to the level of failing to prevent one. (PA Code 3302-3303). An attorney for Rubin responded that the allegations were baseless and said “It is pure harassment and we will respond vigorously.” (Exhibit 9-Phila Daily News 2/24/93)

Rubin settled the baseless suit for Fifteen Million Dollars. Shortly thereafter, in July 1994, with the insurance lawsuits still pending, the original licensing problems of July 1991 resurfaced. The 1994 requests by Heimbecker for real estate licenses precipitated what can only be described as a “white collar & judicial crime wave” that is ongoing today

Several years later. On March 13, 1996, tires were set on fire under Interstate 95. Two days later, March 15, 1996, District Attorney Abraham charged the owner, Daniel Carr, with illegal dumping, causing or risking a catastrophe, conspiracy and environmental law violations. (Exhibit 10- Phila. Daily News 3/15/96 )

On December 9, 1996, Carr’s defense attorney asked the jury not to punish Carr because he lacked Apolitical clout. The District Attorney urged the jury not to let Carr Awalk away from creating “a horrible situation”. Carr was convicted. Carr’s bail was revoked and the judge commented that the case was “very serious and had been committed” strictly for financial gain. The judge said tens of thousands of people had been inconvenienced and pointed out that the lives of firefighters had been jeopardized. (Exhibit 11- Daily News 12/10/96)

On January 23, 1997 Daniel Carr was sentenced to seven to fourteen years in jail for risking a catastrophe. The judge told Carr “Your motive is greed. Thank God nobody was killed, and that was just some stroke of luck”. (Exhibit 12-Phila. Daily News 1/23/97)

Let’s compare how District Attorney Abraham handled the two cases! Daniel Carr, (a man without political clout) piled tires under I 95. The tires were torched by teen-age fire bugs and the ensuing fire caused 7.5 million in damages. Although Carr did not start the fire and there was no loss of life or serious injuries he was charged with risking a catastrophe, greed being the motive. Carr was convicted and sentenced to 7-14 years in jail. This was accomplished in less than 1 year. Ronald Rubin, (a friend and supporter of Abraham with enormous political clout) made a personal decision NOT to improve the safety systems when undertaking renovations of One Meridian Plaza. A fire occurred shortly thereafter. THREE PHILADELPHIA FIREMEN LOST THEIR LIVES. If the fire had occurred during the work week hundreds may have died. The property losses amounted to an estimated $4 BILLION in civil damage claims. Yet Rubin was absolved, of risking a catastrophe (a felony) and failing to prevent a catastrophe (a misdemeanor), by Abraham on December 5,1991. In summary, although there was no loss of life and compared to the Meridian the property damage was minuscule, Abraham saw the I 95 fire as a catastrophe and a “horrible situation calling for swift and severe punishment”. When it was time to charge a friend and political supporter, contrary to Daniel Carr, Rubin was allowed to walk away. Evidently, the death of three Philadelphia Firemen and the subsequent litigation, which amounted to an estimated $4 BILLION in civil damage claims, didn’t qualify as a catastrophe.

Note: Heimbecker was a Philadelphia Fireman from 1956 to 1962. He was stationed at Ladder 9 2110 Market Street. On the night of March 10,1960 Ladder 9 responded to the Overbrook School for Blind where the fire claimed the lives of Lieutenant Willam Adgie and Fireman David J. Murphy. Upon it's return to service later that night, Ladder 9 responded to an alarm at the Bethany Temple Presbyterian Church. While fighting the fire using a ladder pipe the ladder truck turned over. Captain Rainsford and Fireman Gleason rode the ladder down, narrowly escaping death. Fireman Heimbecker fell off the turntable, narrowly escaping being crushed under the falling turntable. Fireman Harkin, the operator, suffered contusions. Captain Rainsford suffered a broken jaw. Firemen Gleason,Harkin & Heimbecker escaped with minor injuries. Ladder 9 was the first ladder in at the Meridian Fire. Heimbecker took the deaths of Captain Holcombe & Firefighters McAllister & Chapell very seriously. Lest we forget!

5 Needs work -- try including a little bit about UFOs, Roswell, Area 51 and UN Black Helicopters and you might have a best seller on your hands.

6 Hey Teach - the truth is the truth. Each item is backed up with 3rd party documentation. Nothing can be disputed. Someday, a legit World History teached will explain to their class why & how Captain Holcombe & Firefighters McAllister & Chapell died a terrible death, that only a few cared to uncover and expose the truth. But, maybe your right, what these heroic Black Firefighters really needed WAS a Black Hawk Helicopter to save each of their asses. The whole 30 minutes you bothered to take a look into what I posted is indicative as to how much time you devote to class preparation. You get an "F" again. Keep this up and there will be a parent conference!