-----Original Message-----
From: john mccarthy <vpocv@hotmail.com>
To: editor@november.org
Cc: vpocv@hotmail.com
Sent: Sat, 28 Jul 2007 8:31 am
Subject: Nancy Gertner

http://www.november.org/dissentingopinions/Gertner.html
http://news.bbc.co.uk/2/hi/americas/6918186.stm
Greetings,

I can't seem to find a way to send Judge Gertner information relating to her recent decision in the matter of awarding $100,000,000 to the men and families of those wrongly convicted of the murder of a fellow mobster in an alley in Boston in 1965. The judge ruled that the FBI had withheld exculpatory evidence in this matter.

The same FBI withheld exculpatroy evidence in my own case involving a charge of premeditated murder which was ultimately overturned because of 'newly found evidence and fraud on the court". 

The major difference is that those four men wrongfully convicted of murder were civilian citizens of the USA. 

In my own case, I was a citizen serving in the US Military and the Feres Doctrine, adopted by Congress in 1950 and approved by the Supreme Court the same year, was used by Judge Sullivan in the Federal District Court in Washington, DC (where all the defendant's lived and worked) 
in prohibiting any and all evidence of US Government crimes of conspiracy to obstruct justice in a capital murder case. The CIA, FBI, DIA, DOD, NSA and State Department had been defendant's. 

I had brought suit against the CIA, et al, in an Civil Action seeking $1.3 Billion for pain and suffering. 
I did not have the means to calculate the damages in this matter but I did find a Supreme Court ruling where a lower court had awarded a man $1.9 million in a false arrest matter for shop lifing at a major retail store after he was incarcerated for less than 24 hours. I simply multiplied 1.9 million times 686 days and arrived at $1.3 Billion, plus change. 

Current members of the Supreme Court have opined that Feres is outdated and bad law to begin with and was never intended to provide for a cloak of immunity for those who would commit any and all felony's against members of the Armed Forces. 

It is clear by the decision in the matter before Judge Gertner that double standards exist which place mobsters ahead of serving military officer's with respect to the Constitution that the military has taken an oath to protect and defend, and yet is relegated to second class citizenship when it comes to the First Amendment's promise to allow all citizen's to seek redress for grievances against the government. 

Ironically, the First Amendment begins with five words that have been lost on Congress: "Congress shall make no law....." 

Please forward this information to Judge Gertner for her attention and comment. 

Bests, 

John McCarthy 
3628 Colonial Avenue 
Los Angeles, CA 90066 
310 397 1143 
http://johnmccarthy90066.tripod.com