Judge Alan Marrus’ Latest Travesty in this case — He Makes Ex Parte Order for Salvatore Perrone to go the Nut House without any hearing as to his “sanity” or any finding of “Guilt” or “Innocence” on any charges related to three 2012 serial killings
Defendant Perrone NOT PRESENT in Courtroom for Judge Marrus ruling — Victim’s Family Members Outraged
According to the report in the NY Post, “ ‘...[D]octors unanimously found him not fit to proceed,” Brooklyn Supreme Court Justice Alan Marrus said of Sal Perrone on Friday, adding that the psychiatric findings meant the 65-year-old could no longer act as his own attorney....” ((See “Accused serial killer deemed unfit for trial” by Josh Saul, 12/12/14, NY Post
[http://nypost.com/2014/12/12/man-who-killed-3-shopkeepers-deemed-unfit-for-trial/]).
JUDGE MARRUS’ DECISION APPEARED TO BE BASED ONLY ON “COURT PAPERS” — NOT AS THE RESULT OF ANY HEARING ON PERRONE’S SANITY — AND CERTAINLY NOT A TRIAL ON THE CRIMINAL CHARGES
“The psychiatric [sic] definitively concluded that Mr. Perrone’s ‘ambivalence towards defense assistance, his paranoia regarding court personnel and his rigid, repetitive manner of thinking’ all point to the presence of a psychiatric disorder’.... The psychologist concluded that Mr. Perrone ‘appeared unreasonable in consideration of his legal planning,’ ‘unable to make informed decisions regarding his case or assist an attorney in preparing a defense’....” The Post reporter also noted that the so called “Court Papers” also stated that “...Perrone’s behavior was consistent with either a delusional disorder or a paranoid personality disorder....”
Judge Marrus indicated that Mr. Perrone would be sent to a state mental institution for more evaluation. Interestingly, Perrone's court appointed legal assistant Howard Kirsh said this about his sort of client: “You’ve seen him in action. So have the psychiatrists. They think he’s a lunatic. He’s impossible to talk to....”
So much for "legal assistance"......
What Salvatore Perrone, who is self-represented, might have thought about all or any of this is not clear, because he wasn’t even present in the courtroom for these “ex parte proceedings” or whatever you might want to call this kind of summary injustice, which is so openly taking place in the New York State Courts.
As has become the common theme in this case, the matter was again adjourned by Judge Marrus; with Perrone scheduled to be back in court January 23rd.
11 comments:
as if a hearing before Marrus would have mattered
"Paranoia of Court Personel".
He's been locked up for years without any proceedings. I think Sal has reason to be paranoid.
COMPARISON & BACKFILL: THE “HOLIDAY FRUITCAKE” EDITION
WHY HAVE TWO OBVIOUS FRUITCAKES BEEN TREATED SO DIFFERENTLY ?
BOTH COLIN FERGUSON AND SALVATORE PERRONE WERE CHARGED WITH MULTIPLE MURDERS — BOTH DEFENDED THEMSELVES — BOTH WERE OBVIOUSLY NUTS — FERGUSON’S CASE PROCEEDED TO TRIAL IN JUST OVER A YEAR — NOW, AFTER MORE THAN TWO YEARS, IT LOOKS LIKE PERRONE”S CASE WON’T GO TO TRIAL AT ALL
WHY THE DIFFERENT TREATMENT OF THESE TWO CASES — BOTH WERE VENUED IN THE NEW YORK SUPREME COURT — ONE IN BROOKLYN, THE OTHER IN NASSAU COUNTY
IS A DIFFERENT STANDARD BEING APPLIED TO “SON OF SAL” – “JOHN DOE DUFFLE BAG” BY JUDGE MARRUS THAN THE ONE APPLIED BY JUDGE BELFI IN TO COLIN FERGUSON IN THE LONG ISLAND RAIL ROAD KILLINGS CASE
On December 7, 1993, Colin Ferguson shot and killed six people and injuring nineteen others on a Long Island Rail Road train at the Merillon Avenue LIRR station in Garden City, New York. On February 17, 1995, a jury convicted Ferguson of murder in the deaths of the six passengers who died from their gunshot injuries; and he was also convicted of attempted murder for wounding nineteen other passengers, who survived the shootings. He is still serving his sentence at the Upstate Correctional Facility in Franklin County, New York.
Because of various setbacks in life, Ferguson was described by family and friends as quite disturbed, emotionally unstable and consumed with race. Because of run-ins with the NYPD and one specific incident of alleged police brutality, Ferguson was alleged to have become consumed with “Black Rage.” A defense, asserting that such “Black Rage,” as a category of temporary insanity, was advanced for some time by Ferguson’s lawyers, William Kuntsler and Ron Kuby. Ferguson rejected that theory of the case, dismissed his lawyers, defended himself, was found to be mentally fit to defend himself and stand trial, and was found guilty after a trial.
Except for the fact that Salvatore Perrone is white, lived in Staten Island rather than Brooklyn, and is alleged to have killed only three men of Middle Eastern appearance instead of six white suburbanites, his case would appear to be almost be on “all fours” with the Ferguson-LIRR case.
AGAIN, WHY THE DIFFERENT TREATMENT OF THESE TWO CASES PENDING IN THE NEW YORK SUPREME COURT ?
This is a false equivalence. You are trying to compare apples and oranges. They are both fruits but have nothing else in common.
RESPONSE: THE "LOOK AT THIS LIBERAL HATER" EDITION
I THINK I RECOGNIZE THE HANDIWORK OF THIS EYELESS POTATOE
This blog tries to avoid open hate speech (veiled references not so much),
This clearly shows anti-gay bias:
"...They are both fruits but have nothing else in common."
This is especially, egregious, since nothing in the record of Colin Ferguson or Salvatore Perrone indicates that they are gay or that homosexuality had anything to do with the killings or other things that they were supposed to have done.
Sal had a girlfriend and I think the cops deported her after an illegal search which seized all the evidence against Sal.
Its called the fruits from illegal search. No pun intended.
A little tidbit for my Republican frenemies from the eyeless but not blind potato:
One this day in 1897 female Republican Senator from Maine Margaret Chase Smith was born. Senator Margaret Smith was the first women ever to be placed in nomination for the presidency which happened at the 1964 Republican convention.
So, see, you Republican do have something to be proud of.
MUCH FURTHER BACKFILL: THE “MICHAEL G. DOWD, CIA AND FOREIGN OPERATORS” EDITION
PERRONE HAS MANY DEFENSES TO THESE CHARGES — CONSTITUTIONAL, PROCEDURAL — AND PERHAPS MOST IMPORTANT, SUBSTANTIVE ARGUMENTS ABOUT HIS “SECRET” MISSION — FOR THE [ITALIAN] CIA
Michael G. Dowd is a famous and infamous trial attorney from Queens. The names Mackell, Manton, Manes and Troy all flow easily in a variety of sentences, paragraphs, chapters and even books that mention all those guys in a variety of contexts with Mr. Dowd; oh, and only one step away from a lot of it was – Ed Koch.
In spite of his checkered career, or perhaps even because of it, Mr. Dowd has had many interesting cases and many interesting clients over the years. I’ve known and interacted with some of them. I’ve also known and conversed with Mr. Dowd about some of these cases. That’s largely attributable to coincidence and common backgrounds for some of those involved, Dowd, the clients, and me — and such wonders never do cease to amaze me.
To my knowledge, Dowd has had no connection to Salvatore Perrone, however one of Dowd’s cases from long ago, but not so far away, might be very important for Mr. Perrone and his defense to these murder charges.
Back in the early 1980s, Mr. Dowd represented a defendant named Colm Meehan, who had been found guilty of conspiring and attempting to purchase sophisticated weaponry for the IRA (actually for the “Provisional Wing” of the IRA, referred to as PIRA). Part of the unsuccessful defense theory was that the weapons transfer was sanctioned by the United States CIA. Nonetheless, this case shows that something like Perrone’s claim that he was on a secret mission for a foreign intelligence service that was working with the CIA isn’t necessarily proof of insanity. It might be a solid foundation upon which Perrone intended to build a real defense.
A somewhat older case, involving Irish immigrants, Dominic Byrne and Mel Patrick Lynch, also had an IRA component in a convoluted tale to explain away the alleged kidnaping of billionaire heir Samuel Bronfman II. In that case, the evidence of collusion and the secret and ulterior motives of the alleged victim was successful in helping to get “not guilty” verdicts for Byrne and Lynch on the most serious charges of kidnaping, although both defendants were found guilty of extorting 2.5 million dollars from billionaire Edgar Bronfman.
Remember how early in the reporting in the “John Doe Duffel Bag – Son of Sal” case, the press and the police described these killings as having been done in a manner and with a weapon of choice of professional hitmen. One of the “crazy” things that Perrone supposedly said to police shortly after going “voluntarily” into custody was that he had been commissioned for exactly that – hits on Middle Eastern terrorists. He also told the cops that the case would be shut down. Well, isn’t that just what happened ?
Another person that said the same kinds of things to police early in his custody was Lee Harvey Oswald. In the Oswald case, his wife, a Russian woman, turned over much of the physical evidence used to “prove” Oswald was a killer.. In Perrone’s case the exact same thing happened, except the Russian woman wasn’t his wife, it was a “girlfriend”; and as with Oswald, the proof was shown to the public without any adversary trial.
Another difference between the Perrone and Oswald cases is that, in Perrone’s case the trial was obviated by and with the connivance of Judge Marrus, whereas it was Jack Ruby that intervened – specifically so that there would be no trial for Lee Harvey Oswald.
Ooohhhh I like the not so thinly veiled comparison between Marrus and Jack Ruby. Also, dying a little over the fact that you called this second evaluation before it happened. Marrus will pretty much do anything to avoid admitting defeat in a case, which is odd since it's not really his responsibility to decide guilt or innocence in a trial anyway (I say that because, as you said, the evaluations and stall tactics are likely due to the fact that the case against him is weak).
Side note, if you look at his judge profile and do some math, he should be about a year away from retirement, no?
UPDATE: THE "ECOURTS" EDITION
ODDLY ECOURTS RECORDS INDICATED THAT NO "HEARING" WAS HELD ON DECEMBER 12TH 2014 -- OR ON ANY OTHER DATE IN THE PERRONE CASE
According to the most recent eCourts:WebCrims posting of case information for Salvatore Perrone under Case # 10039-2012 [Kings County], under "Attorney Information" is the notation: "Defense Attorney *** Name: Kirsch, *** Type: 18B (Assigned)" .
The prior information had indicated under heading "Attorney Information": "Defense Attorney *** Name: Perrone, *** Type:Private (Retained)"
What is not indicated in or by the eCourts: WebCrims record is whether the defendant Salvatore Perrone approved or consented to this assignment of counsel.
According to the NY Post article by Josh Saul cited above, Howard Kirsch was described as the "Perrone defense attorney...". However, Josh Saul in no way characterized the December 12, 2014 court appearance, where Salvatore Perrone was notable by his absences, as being any kind of competency hearing. Furthermore, the eCourts:WebCrims record of court appearances lists the "...Hearing Type" as "No Type" !
Josh Saul's report clearly indicated that something momentous had happened in the “John Doe Duffel Bag – Son of Sal” case -- for public NYS Court Records to state that "No Type" of hearing had been held by Judge Marrus on December 12th or any other time during the last two years does seem odd.
This is all especially odd, since Judge Marrus told the world that “The doctors unanimously found [Salvatore Perrone] not fit to proceed,” and "that the psychiatric findings meant the 65-year-old could no longer act as his own attorney...."
BACKFILL: THE “NEW BROOKLYN DA’S PEOPLE’S HEARSAY OR IS THAT ‘SAY-SO’ ” EDITION
IN SEPTEMBER THE BROOKLYN DA'S OFFICE SAID THERE WOULD BE "HEARINGS" IN THE PERRONE CASE IN OCTOBER 2014
WHAT HAPPENED ?
According to a September 2014 report in the Staten Island Advance, “Marrus adjourned the case to Oct. 6 for possible hearings, according to the office of Brooklyn District Attorney Kenneth P. Thompson. A tentative trial date was set for Oct. 22....” (See “Judge urges alleged serial killer Salvatore Perrone to get a lawyer” by Frank Donnelly, 9/5/14, SI Advance/ silive.com [http://www.silive.com/northshore/index.ssf/2014/09/judge_urges_alleged_serial_kil.html]).
According to the eCourts WebCrims (Public) database, mentioned in my comment above, no “hearings” were held in the Perrone “Son of Sam” - “John Doe Duffel Bag” case on 10/6/14, 10/22/14 and/or 12/12/14; and the case is presently adjourned to 1/23/15. Apparently, nobody knows or cares what happened to the “hearings” that the Brooklyn DA’s Office was talking about in September — especially the judge on the case, Alan Marrus.
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