Friday, May 6, 2016

https://drive.google.com/file/d/0B2_wXTWTBoTbUXlTMHdtRGpWZUk/view?usp=sharing


This above link is to criminal trial transcript in a PDF file.

THIS IS FROM AN EMAIL SENT TO NEW YORK STATE ASSISTANT ATTORNEY GENERAL (AAG)  MICHAEL A. BERG, today, 5/6/2016.

AAG Berg didn't like the Facebook page:  NY Court of Public Opinion & Warning where this criminal trial transcript is posted under the  "Files" tab.  AAG Berg wanted this information in a more public place.

So here it is.   In addition to publishing the court documents on this blog, I can embed videos, audio-taped recordings, all kinds of irrefutable evidence.


( Would AAG Jonathan Conley be so kind as to forward this email with the transcript of the criminal trial attached as a PDF file  to Berg's boss, AAG Charles F. Sanders, at his earliest possible convenience, thank you. )

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Assistant Attorney General Berg:

( 1 )  The public group NY Court of Public Opinion & Warning is public group on Facebook that anyone access.  Attorneys Nunberg and your direct report, AAG Charles F. Sanders, access this site.  They complained about it, on-the-record, in open public court in front of a judge, that they didn't what anyone to know, and would Michael Krichevsky stop publishing the facts.

( 2 )  Under  the  “Files”  tab you will find the criminal trial transcript from the farce the criminal trial with Manhattan criminal court Judge Edward J. McLaughlin that shows you made false, inaccurate, and misleading representations to the judges in the First Department, First Division in your November 2015 Answer.   Posted on the  “Discussion”  tab is a brief summary regarding the fact that the lower criminal court did not have subject-matter jurisdiction to prosecute me, and the Appellant Term does not  have subject-matter jurisdiction with the criminal trial transcript attached, for ease of reference.

( 3 ) I rejected your November 2015 Answer as frivolous in that it asserts material factual statements that are false in violation of N.Y.C.R.R.  130-1.1( c )( 3 ).  This is the second time I was compelled to reject your papers.

( 4 )  I have no problem posting my court documents on other websites, blog sites, and public forums and otherwise widely publishing these irrefutable facts.

( 5 )  The three-judge panel in the Appellate Term are:  Judges Martin Schoenfeld, Martin Shulman, and Robert E. Torres.  You asserted in your Answer, paragraph 12, that you were “advised by the clerk of the Appellate Term that a panel of judges has not been assigned…”.   That is a false statement.

( 6 )  Judge Martin Shulman  got his undergraduate degrees and his law degree from Yeshiva University.  I am suing Yeshiva University.  He has a conflict of interest and should have recused himself from my case.

( 7 )  Mr. Berg, the sad truth is that you didn’t verify any information.  You didn’t do your job.  If you did, you should be able to tell me  who   you talked to at the Manhattan DA’ office,  who you talked to in Judge Lowe’s chambers, (chambers is an office, what did you do talk to the furniture ? ),  who   you talked to at the clerk’s office ( the clerk’s office is an office, again, what did you do, talk to the furniture ? ), and you should be able to give me a list of the documents  you claimed you reviewed from the Manhattan DA’s office.  I have the right to verify this information.  Because you refuse to respond, the negative inference is that you didn’t talk to anyone, you didn’t review any documents, you didn’t do your job, you just drafted false, misleading, and inaccurate documents and submitted them in court.

( 8 )  The criminal trial transcript is attached.  What follows is a brief summary of the facts that demonstrate the lower criminal Court did  not  have jurisdiction, nor does the Appellant Term.

( 9 )  Brian Metz, Michael NcNally, and John McManus are investigators at the New York State Attorney General’s office, copied on this email.

( 10 )  Hans Bader is an expert witness.  He did a study of the worse state Attorneys General in the nation.  Based on objective criteria, our New York State Attorney General Eric Schneiderman was ranked as the 6th worse AG in the country. 

Yours,

 Lidya Radin

516-445-4390

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Attached is the criminal trial transcript from the farce of my criminal trial with Manhattan criminal court Judge Edward J. McLaughlin. 

It illustrates the Law of Voids. 

Also, it demonstrates irrefutably that NY State Assistant Attorney General ( AAG) Michael A. Berg made false statements of material fact, and through misconduct, not doing his job, and deliberate omissions AAG Berg sought to mislead and deceive NY state judges at the First Division, First Department in 2015.

Through his misconduct AAG Berg made Michael Krichevsky's argument for him, the NY State Attorney General is NOT doing his job.

The criminal conviction against me is VOID, not void-able, as in appeal-able, but, VOID, it does not exist because the Criminal court NEVER obtained subject-matter jurisdiction to criminally prosecute me. 

Subject-matter jurisdiction CANNOT be waived.

First, I committed NO Crime.  I have and continue to have   " A LEGITAMATE PURPOSE"  in contacting officials associated with my medical school, to access and correct my records.
 
The statutes that were used to unlawfully convict me state that I would have to have  "NO  legitimate purpose".    

As a constitutional issue my records are property that belongs to me because I paid the fees that caused those records to be created and maintained.  In short, there was  NO  statutory authority pursuant to acquiring subject-matter jurisdiction to criminally prosecute me, because I committed  no  crime:  I have and I continue to have a LEGITAMATE  PURPOSE  in contacting officials associated with my medical school to access and correct my records.  Those intentionally false records are being used TODAY as a foundation to hurt me, TODAY.

Second, pursuant to acquiring subject-matter jurisdiction, the criminal Court did not have competent, believable witness testimony.

Briefly,  to acquire subject-matter jurisdiction the criminal Court had to have ( 1 ) a statute to prosecute me ( it did not)  AND,  ( 2 )  competent/believable witness testimony.  It had neither.

Succinctly, Daniel Riesel, and John Scarfone testified that they had no personal knowledge of me and/or my tenure at the medical school, that the only knowledge they had came from reading false records !    They made my argument for me.   Further, John Scarfone perjured himself about me, when I was named as a witness against him in 2006, and has a retaliatory motive against me.

Todd Olson never showed up at trial in 2010, and never provided a sworn affidavit based on facts against me in 2009.   And, Olson conspired in Scarfone's perjury against me.

James David and Michael J. Riechgott conspired in Scarfone's perjury against me, among other crimes and transgressions, including federal student loan fraud.

Brief summary & some details:

( A)   Attorney Daniel Riesel, stated under oath that he had   "...no firsthand knowledge..."   of me or my experience at Yeshiva University's medical school, see page 126 of trial transcript.

( PLEASE BE AWARE THAT THE PAGE NUMBERS FOR THE TRIAL TRANSCRIPT ARE NOT THE SAME AS THE PAGE NUMBERS FOR THE PDF FILE ).

Daniel Riesel, former federal prosecutor, partner, Sive, Paget & Riesel- -"...no firsthand knowledge...", page 126 of trial transcript, has a retaliatory motive, no believable witness testimony to establish subject-matter jurisdiction to criminally prosecute Lidya Radin in 2010.  The criminal proceeding is VOID for lack of subject-matter jurisdiction, no believable witness testimony, no statutory authority ( I have a legitimate purpose  in contacting officials  associated with my medical school ) .

In addition, I can show that Riesel ( i ) conspired in Scarfone's  perjury, ( ii )  colluded with Manhattan criminal court Judge McLaughlin and Manhattan Assistant District Attorney Alex Spiro in violating the rules of evidence at trial in 2010, ( iii )  mislead federal Judge Robert P. Patterson, Jr., in 2005, and ( iv )  was compelled to admit that he mislead Judge Patterson in 2005, and  ( v )  TODAY  I can sue personally and criminally prosecute Riesel for the fraud that he created in federal court from 2004 to 2007 pursuant to my federal lawsuit against Yeshiva University and its medical school, among other things.  Judge Patterson's ruling in 2005 is VOID  ( not  based on law or facts, frivolous).

( B )    Yeshiva University's Associate General Counsel John Scarfone stated under oath that he had no personal knowledge of me and/or my tenure at Yeshiva University's medical school and that his only knowledge came from intentionally false records, see page 144 of trial transcript, 

" What I read from the records since I wasn't there at that time....".    There is even more evidence, including his sworn testimony, to show irrefutably that I left the medical school in 1998, and that Scarfone did not get hired until 1999.

In fact, John Scarfone  PEJURED  himself in 2006, in a Reply affidavit in federal court, in another student's case, when I was named as a witness against him.  Also, I was named as a witness against Daniel Riesel, James David and Todd Olson.  In that case, in 2006, Scarfone stated falsely that I had failed all my classes as a first-year medical school student except for Todd Olson's anatomy course.

In fact, in 2010, my professor, Stephen Blau, M.D., stipulated to the fact that Scarfone perjured himself in 2006, see page 368 of trial transcript,  "Lidya Radin did not fail his ICM class."    Judge McLaughlin went on to clarify that ICM stood for Introduction to Clinical Medicine.

In fact, in 1994 to 1995, my first year of medical school, my passing grades were reported to James David, as co-director of ICM ( Introduction to Clinical Medicine ),  and to my, then, Dean for Students, Michael J. Reichgott.  

John Scarfone, Associate General Counsel, Yeshiva University-perjured himself in 2006, has a retaliatory motive, no believable witness testimony to establish subject-matter jurisdiction (  see page 114 of  trial transcript, "What I read from the records since I wasn't there at that time..." )  to criminally prosecute Lidya Radin in 2010. The criminal proceeding is VOID for lack of subject-matter jurisdiction, no believable witness testimony, no statutory authority ( I have a legitimate purpose in contacting officials associated with my medical school ). 

( C )  Todd Olson, Ph.D.-no sworn affidavit based on facts ( already admitted by the Manhattan District Attorney ), didn't even bother to show up at trial, no witness testimony to establish subject-matter jurisdiction to prosecute Lidya Radin  in  2010.  Todd Olson has a retaliatory motive in that he conspired in Scarfone's perjury, and I sued Olson, and am a witness against him in, at least, three other cases.  The criminal proceeding is VOID for lack of subject-matter jurisdiction, no witness testimony, no statutory authority ( I have a legitimate purpose in contacting officials associated with my medical school ).  Moreover, as a member of my Promotions Committee, it was Todd Olson's job to know what classes I took, when I took them, and whether I passed or failed them pursuant to Scarfone’s perjury in 2006.

( D)  James David, M.D.-I sued David and am a witness against him in, at least, three other cases, David has a retaliatory motive in that he conspired in Scarfone's perjury, and in federal student loan fraud against me and taxpayers, David provided no believable testimony to establish subject-matter jurisdiction to prosecute Lidya Radin in 2010.  The criminal proceeding is VOID for lack of subject-matter jurisdiction, no believable witness testimony, no statutory authority ( I have a legitimate purpose in contacting officials associated with my medical school ).   As a former Dean for Students and as co-director of ICM class during my first-year of medical school from 1994 to 1995, it was James David's job to know what classes I took, when I took them, and whether I passed or failed them pursuant to Scarfone’s perjury.

(E)  Michael J. Reichgott, M.D. -I sued him and am a witness against him, he has a retaliatory motive in that he conspired in Scarfone's perjury, and in federal student loan fraud against me and taxpayers, he provided no believable testimony to establish subject-matter jurisdiction to prosecute Lidya Radin in 2010.  The criminal proceeding is VOID for lack of subject-matter jurisdiction, no believable witness testimony, no statutory authority ( I have a legitimate purpose in contacting officials associated with my medical school ).  As a former Dean for Students and as a member of my Promotions Committee, it was Michael J. Reichgott's job to know what classes I took, when I took them, and whether I passed or failed them pursuant to Scarfone’s perjury.