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Letter to SJC

2/5/2010

19 Comments

 
                                                                                                               Feburary 5, 2010
Chief Justice for Administration and Management
 Administrative Office of the Trial Court
Two Center Plaza - Fifth Floor
Boston, MA 02108       

  Honorable Robert A. Mulligan 

     I write to you today to seek information that the staff at the Lawrence Probate Court has refuse to give or even answer. Again on Jan 7, 2010
I had a hearing in regards to a request to record Judge Mary Manzi contempt hearings. Judge Manzi allowed my request to record and added her own stipulations, but has never sent out her order.
 
Part of her order included that I give proper notice to each party I wished to record, She would release her dockets three week before the date I wish to record,so that I can give proper notice to the parties. Behind the Scene thanks Judge Mary Manzi for allowing such request.
 
At this hearing and before the hearing, I was asked by Jean, Judge Manzi clerk, Not to fax over my request as it wasn't professional, She did say "you can always hand deliver it" when I reply " wouldn't have a record of it"  I now hand delivered my request after hearing Judge Manzi concerns about the rights of the parities being seen on video, I recommended to provide the parties with a release form and the court would get a copy for their records.
 
To date I have yet to receive that ruling by Judge Mary Manzi, which puts my request to be put on hold, as the only other order issued by Chief Justice Paula Carey is allowing me to have access to the Department of Revenue Dockets, two days prior to a DOR contempt hearings. Under that direction I was allowed to summit four case to which I wanted to record, and the Judge who would be hearing that case would make his/her decision at the time the parties were present. 

Behind the Scene thanks Judge John Cronin for allowing me to be heard on those cases I picked, although those cases were settled with DOR and I was unable to record,  I was allow to be heard. 

A week later I inquired with Judge Manzi clerk Jean, who stated the Judge wasn't in, but was very helpful by making a call to probate office downstairs. I thank Jean for helping in getting the docket for Judge Manzi to me.  

On February 1, 2010, Judge Manzi did not acknowledge my request to record, Nor did she denied my request. when I asked Jean to check on why I haven't received the order, Jean stated , " After the hearing you wrote to the Chief Justice asking for another thing, So by you asking for another thing, the request changed and the judge was not required to respond"   At 9:43AM Judge Manzi enters the court room made eye contact with me, but did not acknowledge my request to record all her contempt hearings, she left the bench and did not return back until 10:55, At this point she calls the field case to approach. 

I now hand deliver on Tuesday February 2, 2010 to Jean in court room 10, my request to record all contempt hearings, Jean responded by asking if I had given proper service to the parties, I replied "I'm not seeking to record the parties, Only the Judge" This request is for Thursday February 4, 2010 Dor with Judge Manzi, and again repeated that I wasn't looking to record the parties.   She took my request and gave no further response not even a you welcome.
 
On that same day I inquired about the use of the city own parking lot across from the court house, which points directly to Judge Manzi court room, I had asked court officer Mario about the lot.  

It's important to note that the shades in Judge Manzi court room 10 are always up, It is also important to note that on that same day Judge Manzi had send down a court officer to the city owned parking lot and asked to speak with the manager of the lot, and had him go up to the Judge.  

That same day I had also spoken to the Mayor's office Chief of staff, and the captain of the LPD, and informed them of my wishes to record from the roof top of the parking lot. 

On Thursday, February 4, 2010 I arrive at the Lawrence Probate court at 8:15 leaving my equipment in the car as I already knew my request if heard would be denied. At 10:10 AM Judge Manzi enters the court room and calls me up to address my request.   At this point Judge Manzi makes reference to a letter from Chief Justice Paula Carey in regard to recording Contempt hearings with DOR, Where Chief Justice Carey allowed me to pick any four cases, I wish to record. This request was not in front of Judge Manzi as pointed to her by me, as the only request in front of Judge Manzi was my request to record her and point the camera at her.
Again Judge Manzi stated I didn't follow the rules and denied my request.  Not looking to upset her anymore than what she already was, I simply informed her that I will appeal her decision to a higher court. 

My attempts to reach out to Chief Justice Paula Carey to direct her Judges to follow the rules has not worked and we seek your intervention in stopping this abuse.   It's important to note, that I have requested to record Judge Amy Blake, Judge MaryAnn Sahagan, Judge John Cronin, And Judge Mary Manzi, We were seeking to compare stats on these Judges, before reporting. Judges Manzi by not following the rules, have given the expression that these stats are correct, and Judge Manzi seem to think that she is exempt from following the rules.  

I would have you know, Judge Manzi was my Judge handling my divorce case since 1998, Although I may not have agreed with some of her rulings, I have never questioned her ruling by appealing or complaining.
 
My request to record is to compare and educate as I have always told the courts, It is the court who feels threaten by my request, and by doing so, have given the indication that the concern of the public must be true and that the data provided is undisputedable. 

If the Family and Probate Court were open to transparent, then my numerous of request would have been allowed.

My show is dedicated to holding government accountable for their actions to the taxpayers of the Commonwealth, and the family and probate and it's Judges are not exempt.  

Again under SJC court rules under c.213, s.3  As this is an administrative concern.

I'm not seeking "legal inquiry", I are demanding the lawful exercise of my rights....

Where in the Constitution is the power granted to a judge to deny to a citizen their right to record a litigation?

There isn't. This "power" is not even in the "penumbra" or shadow of the Constitution.  

I want to thank you in advance for your response and your intervention to this matter

Hector Montalvo
Producer/ Director/Host                                              
19 Comments

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