From: Kelley Lynch <kelley.lynch.2010@gmail.com>
Date: Mon, Nov 3, 2014 at 10:29 PM
Subject: Fwd: Your email dated Mon, Nov 3, 2014 at 10:09 AM to multiple recipients
To: ASKDOJ <ASKDOJ@usdoj.gov>, "Division, Criminal" <Criminal.Division@usdoj.gov>, "irs.commissioner" <irs.commissioner@irs.gov>, Washington Field <washington.field@ic.fbi.gov>
Hello DOJ, FBI, and IRS,
Another email from the proxy. I know what their tactics are - they lie. Gianelli and City Attorney were working together with respect to me. If I had the Brady materials, that I am entitled to, I might have more evidence. But, in keeping with the judicial misconduct, Barela refused to hear that matter. In any event, this man is a psychopath.
All the best,
Kelley
---------- Forwarded message ----------
From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Mon, Nov 3, 2014 at 9:47 PM
Subject: Your email dated Mon, Nov 3, 2014 at 10:09 AM to multiple recipients
To: kelley.lynch.2010@gmail.com
Cc: blind <distribution@gmail.com>
From: STEPHEN R. GIANELLI <stephengianelli@gmail.com>
Date: Mon, Nov 3, 2014 at 9:47 PM
Subject: Your email dated Mon, Nov 3, 2014 at 10:09 AM to multiple recipients
To: kelley.lynch.2010@gmail.com
Cc: blind <distribution@gmail.com>
Dear Ms. Lynch,
Before I retired I was a Californian trial lawyer for 35 years, during which time I jury tried in excess of 200 criminal and civil cases to verdict and court tried over 400 cases to judgment. That litigation includes prosecuting claims against cities and counties, including but not limited to false arrest claims.
I was neither a “plaintiff’s attorney” nor a “defense attorney” – I prosecuted when my clients were plaintiffs and defended when my clients were sued. I never conducted cases in a “traditional” manner. Probably due to my extensive criminal law experience, I tended to lay my cards on the table more than most trial lawyers.
That said, I am quite familiar with how defense lawyers operate. They do not show their cards to the other side of the counsel table – especially to pro se plaintiffs unless and until required to do so by the rules of formal discovery.
If I represented, or was a “proxy” for, the city and county or Leonard Cohen as you have suggested, I can assure you that I would not be communicating with you, especially about the weaknesses in your claims, and certainly not on the subject of probable defenses.
If you file suit (still a big “if” here), it would be highly unusual for defense counsel to communicate with you at all except as to matters related to scheduling and required joint statements required under the federal rules.
They would typically communicate their defenses for the first time in a motion to dismiss, then to the court at the first cases status conference, and then in their motion for summary judgment (if your cases survived that long).
So as I said, you can either take the things I am telling you about the weaknesses in your claims and the pleadings rules under Rule 8 to heart, or you can chose to ignore them – as you did to your detriment during post-trial appellate proceedings following your conviction. Since I represent no one in any matter related to you, it’s all the same to me.
But you can bet that if I did represent any potential defendants in your articulated claims, you would not be hearing from me at all. That’s just how it works in the real world.
Stephen R. Gianelli
Attorney-at-Law
Crete, Greece