Introduction

 

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The object of this Web Site is to expose to the World the injustice experienced by Michael Elbery in Worcester, Massachusetts at the hands of a group of Worcester "Home Rule Gangsters" who have the convenience of acting in the name of the law because Worcester, Mass. has its own Courthouse. Also, to show that regardless of the documented evidence of a frame-up and conspiracy by the Worcester Authorities to maliciously prosecute and imprison him that Elbery presented in his various Post Conviction legal procedures/documents (See Table of Contents on Home Page) the Mass. Judiciary, headed by Chief Justice of the Mass. S.J.C. - Margaret Marshall, remained adamant and united that the conviction of Elbery for "attempted mayhem" and a 10-year prison sentence should remain.

The various post-conviction legal documents are on this web site's Table of Contents/ Red Menu at left on Home Page. These same documents are public records; the documents presented via this Web Site's Table of Contents are exactly the same as filed with the various courts of jurisdiction and were taken off the same hard drive. The Probable Cause, Grand Jury, and Trial Transcripts, as well as, the Post - Conviction filings are listed Chronologically in the "Start Here" link at top of the Table of Contents.

On 9-29-92 at about 2:30am., Michael Elbery was initially charged by a Worcester Police Officer with "disturbing the peace" because he was on the street with several men on top of him, fighting. Hours later the Worcester Police increased the charges to include "mayhem" (taking out off duty Westboro Police officer, Tom King's eye), "assault with a dangerous weapon" ( a broken beer bottle), and "assault and battery" (on off-duty Westboro cop - Tom King), and the charge of "disorderly conduct" remained.

Westboro Police Officer Tom King was not just "an off-duty out of jurisdiction" cop but he was drinking in the Worcester bar were the underlying incident started the caused the fabricated charges against Michael Elbery. According to Massachusetts law, King was no more than a citizen.

Later in the morning of 9-29-92 Michael Elbery was arraigned on those "trumped-up charges" before Judge Hebert Travers. Travers, in open court, asked his clerk, Bob, if a police officer's eye was taken out on Shrewsbury Street and Clerk - Bob replied, "no your honor".  Elbery protested why he was being charged with "mayhem" (taking out an eye), if it never happened; Judge Travers told Michael Elbery to say nothing and that he would be released on $750.00 bail. Michael Elbery thanked Travers while reasoning out load in the Worcester Superior Court room that $750.00 was cheap bail for charges that would cause a total of 40 years in prison. The "mayhem" charge carried 20 years and the "assault dangerous weapon" carried 10 years in prison.

 

Probable Cause Hearing - No Probable Cause Found on the Arrest Charges 

In January of 1993 a Probable Cause Hearing was held on those same criminal charges against Michael Elbery before Worcester District Court Judge Milton Raphaelson. Raphaelson started the Probable Cause Hearing "off the record" (no recording by the stenographer) by asking the Assistant District Attorney, Todd Matheison, "where is the police officer with the eye missing for the charge of mayhem?" Matheison replied, there isn't one and that that charge of mayhem is being reduced to "attempted mayhem" (attempting to take out King's eye). Judge Raphaelson responded, "what is the weapon?" And Matheison replied, "Elbery's thumb". Judge Raphaelson said, "I thought you would do that, but there is no case on record where a defendant is charged with "attempted mayhem" unless a weapon is used. That didn't bother A.D.A. Todd Matheison, he wanted a conviction at any cost.

After a 5 hour Probable Cause Hearing, including 5 witnesses presented by the prosecution ( John Conte's Worcester D.A.'s Office) and no testimony by Michael Elbery or the defense, Judge Raphaelson found NO PROBABLE CAUSE on the 3 most serious charges of "attempted mayhem", "assault with a dangerous weapon", and "assault and battery". 

Attorney Louis P. Aloise of Worcester, Mass. represented Michael Elbery at the Probable Cause Hearing for $1,500.00, but Aloise took no credit for the finding of No Probable Cause because it was the prosecution that didn't have evidence to support their charges. An unusual situation to say the least and more Judicial History by Michael Elbery.

'No Probable Cause' means there was no evidence to support the charges. This is much greater legal standard than "not guilty". 

 

Indictment

Michael Elbery walked out the Worcester County Courthouse on January 20, 1993 free of the lies and treachery of District Attorney John Conte's Worcester D.A.'s Office and Worcester Police Dept. only to be indicted on the same charges a few weeks later in Worcester Superior Court on March 3, 1993. The dismissed charges by Judge Raphaelson had been resurrected by the Worcester D.A.'s Office by the "smoke and mirrors" use of  the "separate jurisdiction" of the Superior Court. That's right, in Massachusetts they can take the same dismissed charges that were found to be "No Probable Cause" by a District Judge and magically resurrect those charges before the Grand Jury because the Superior Court has jurisdiction over the Grand Jury.

 

Trial

On June 28, 1993 the Kangaroo Trial started on the resurrected charges of "attempted mayhem", "assault dangerous weapon", 'assault and battery"; the "disorderly" charge also went to trial. Michael Elbery paid Attorney Louis P. Aloise $15,000.00 (in 1993 value dollars) to represent him at trial.

After the prosecution's case was presented Worcester Superior Court, Judge Dan Toomey, reluctantly dismissed the charge of "assault with a broken beer bottle" because under oath at the Probable Cause Hearing the "off-duty out of jurisdiction" cop, Tom King, had admitted that Michael Elbery did not use a beer bottle as a weapon. King committed perjury at trial by testifying that Michael Elbery used a beer bottle as a weapon.

However, after a malpractice performance by Attorney Louis P. Aloise during the 4 day trial ( Aloise was helping the prosecution convict Elbery) Michael Elbery was found guilty by the jury on the remaining 3 charges and was sentenced by Judge Dan Toomey to 10 years in State Prison.

Michael Elbery then hired Attorney Bobby Sheketoff to prepare and file a "Direct Appeal" on the conviction. Sheketoff was paid $15,000.00 to produce an Appeal that was absolutely worthless and Michael Elbery lost the Appeal, as per decision of the Mass. Appeals Court in January of 1995, and the convictions remained. Initially, Attorney Sheketoff told Michael Elbery that he had a 90% chance of overturning the conviction, but after being contaminated by the Worcester Jewry headed by Mo Bergman, Sheketoff also became the enemy.

Michael Elbery realized that it was a waste of time and money to hire any more attorneys of the bar and decided to produce all future Post-Conviction Remedies himself, which he did. The only Mass. Post-Conviction Remedy left under Mass. law was a "Motion for New Trial" under Rule 30 of the Mass. Rules of Criminal Procedure.  

The "Motion for New Trial" that Michael Elbery produced contained 115 pages of violations of the U.S. Constitution's Bill of Rights and exposed with documented evidence how Michael Elbery was framed in a U.S. Court in Worcester, Mass.

 

The Mass. Judiciary (Worcester Superior Court Judge Timothy Hillman) sat on Elbery's Motion for New Trial 2 1/2 years before deciding to deny it in order to prevent Elbery from filing a Federal Habeus Corpus. By the time the Mass. Judiciary acted after sitting on the Motion for New Trial for 2 1/2 years, Elbery had almost completed his entire 10 year sentence. Elbery then had to appeal that decision of denial and exhaust all Mass. post conviction procedures before being eligible to file a Federal Habeus Corpus. Because the Mass. Judiciary sat on Elbery's Motion for New Trial for 2 1/2 years, Elbery was out of prison by the time he exhausted all state/Mass. post conviction relief. You have to be in custody (prison) to use Federal Habeus Corpus to overturn a state conviction.

Elbery petitioned the U.S. Supreme Court via a Writ for Certiorari. That Certiorari was not accepted by the Supreme Court and no decision on the merits were made. It is the same, legally, as if Elbery never sent it. The U.S. Supreme Court decides which certiorari's it will review. Elbery's Petition for Certiorari was one of 8,000 petitions in 2003 that were returned and never reviewed by the Court. The U.S. Supreme Court made decisions on about 200 certiorari filed that year.

Another objective of this Web Site is to make the Judiciary, in particular the Mass. S.J.C., responsible for their actions and injustice, towards citizens like Michael Elbery, that occur in Mass. courts. The Mass. Judiciary is sensitive to public opinion and getting caught in scandal via illegalities. They don't want you to know what goes on in the courts, the Internet makes it possible to learn about judicial activities that the Mass. Judiciary could otherwise keep covered-up from its citizens under its "Judicial Carpet".

 

Many readers of this Web Site have been trained through the educational system, religious organizations, the media, and their workplace that the Jew does no wrong. They are adverse to the various articles/chapters on this Web Site that expose the Jews for their criminal conduct and control of this U.S.A.. Remember that if it wasn't for the efforts of Jewish Attorney Morris Mo Bergman that initiated the "frame up" of Michael Elbery in Worcester Superior Court  for "Attempted Mayhem" and 10 years in Prison, none of the Jewish led chain of illegal events that Michael Elbery caught the Jews at would ever have happened. It was Attorney Mo Bergman that initiated the pursuit of Michael Elbery because he does not agree with the Jewish Social Design Policies that have been shoved down the throats of the American People. It was the Jews that made war with Michael Elbery, he has the right to defend himself against Jews' Rule in this here U.S.A..

 

Oh!! The Mass. Judiciary/authorities and Attorney Louis P. Aloise will cry that there is "finality". That we have ruled on those legal documents and Elbery is guilty, Elbery cannot still make claim to the contrary. They will shout Elbery down and pursue him in their friends' courts to stop this Web Site. They are wrong, these issues are no longer in their jurisdiction. Elbery warned the Massachusetts authorities that injustice lingers and comes back to haunt and destroy all those involved in the lynch party. Your courts are your yard, your ball, your game, your rules, your referee, you even have an army of cops to enforce your game. You are cowardly little men who don't dare to walk by yourself on the same side of the street as Michael Elbery. Now the power of the Internet, Free Speech, and Justice will make you run in fear. Face the world you cowards. Authority must be held responsible for their actions, especially injustice.

These issues are no longer yours but mine, I let the World Court of Public Opinion render a verdict just as the Mass. Executive Branch and Mass. Governor Paul Cellcuci did in 1997 and 1999.

 

The greatest crimes and evil that have been committed in the history of the planet Earth have been, by far, that of the people that comprise governments.

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Chain of Events in Chronological Order

February 1990 - Worcester A.D.A. Morris Mo Bergman initiates a Jewish Hunt for Michael Elbery @ 1990 as a result of an incident with a black cocaine dealer in Michael Elbery's Bar Room located in Webster SQ., Worcester, Mass. - Bergman and his Secret Jewish League discovered they had a white man that didn't agree with their Social Design Policies and Totalitarianism.

September 29, 1992 - Michael Elbery walks into the Winners' Circle Bar, Shrewsbury St., Worcester, Mass. just prior to the 2:00am bar closing:; Elbery ended up defending himself 100 yards down the street from the bar against Off-Duty Westboro cop - Tom King and his friends.

September 29, 1992 - Michael Elbery was arrested at 2:00am for disorderly conduct. By 8:00am the charges were increased to 40 years worth of criminal violations resulting from the above incident 100 yards down the street from the Winners' Circle Bar.

October 15, 1992 - Michael Elbery is then arrested for Intimidating a Witness. The bartender at the Winners' Circle, Jeff Schlener, claimed that Elbery called him on the phone and threatened to kill him for lying to the cops and Worcester D.A.'s Office concerning the incident in the barroom that caused Elbery's arrest on 9-29-92. 

January 20, 1993 - There was a Probable Cause Hearing held on the charges totaling 40 years against Michael Elbery; the result was No Probable Cause and Michael Elbery walked away, temporarily.

Westboro police officer, Tom King, is demoted from detective to patrolman because the Westboro Police Dept. discovered that King was drinking while on duty for the Westboro Police Dept. and that he skipped out of work to go drinking at the Winner's Circle Bar in Worcester where later King caused the incident that lead to the arrest of Michael Elbery on 9-29-92.

After Probable Cause Hearing - Westboro Police Officer and alleged victim, Patrolman Tom King, had a heat attack, or so he claims. King was rewarded with a full Pension for the rest of his living days at the expense of the taxpayers. See Motion for New Trial - Count VII for more details of Tom King's Demotion from the Westboro Police Dept.

March 3, 1993 - Worcester D.A. - John Conte Indicted Michael Elbery on the same charges a few weeks later; Conte concealed all the exculpatory evidence presented at the Probable Cause Hearing  from the Grand Jury. thus illegally impairing the Grand Jury Process in order to frame Michael Elbery.

July 2, 1993 - After a 5 day trial, Michael Elbery was found guilty by a jury of "Attempted Mayhem" and Worcester Superior Court Judge Dan Toomey sentenced him to 10 years in prison.

July 2, 1993 - Attorney Morris Mo Bergman gets caught lying under oath during a voire dire at Elbery's trial for "Attempted Mayhem". Worcester Prosecutor, A.D.A. Morris Mo Bergman, would be summarily fired never to be the Jewish Operative for the Secret Jewish Leagues in Worcester D.A. John Conte's Office.

July 15, 1993 - After being sentenced to 10 years in Prison, Judge Toomey allows Defense Attorney Louis P. Aloise's Motion for a "Stay of Sentence Pending Appeal" (see 7-15 -93 docket entry #13).

January 1994 - Michael Elbery fires Louis P. Aloise from defense of the Intimidation of Witness charges and hires Attorney Mike Jennings of Springfield, Mass.. Jennings didn't last long after being adversely influenced by the "Worcester Home Rule Gangsters". 

March 16, 1994 - The charge of "Intimidating a Witness" was dismissed at the Government's request after Elbery's new defense attorney, James Michael Merberg, produced police documentation that made it impossible for Elbery to have called the bartender, Jeff Schlener. See Judge Patti B. Saris for the details and resulting Federal Civil Rights Lawsuit of that intimidation case. The Worcester Home Rule Gangsters' alleged intimidated witness, Jeff "the Harvard Class of '71 Bartender" Schlener, would soon have a massive heart attack due to his Cocaine Drug Abuse.

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August 5, 1994 - Michael Elbery is charged with 6 Gun charges due to the Shrewsbury Police breaking into his leased E-z Mini Storage Garage on Route 20 Shrewsbury, Mass.. The arresting police claimed they needed no Search Warrant because the E-z complex was torched; that Arson Fire was Shrewsbury, Mass' biggest fire ever. The Shrewsbury cops were the arsonists - they wanted Michael Elbery off the street when the Mass. Court of Appeals reviewed his Appeal of the "Attempted Mayhem Conviction" as prepared by his appeals attorney, Robert Sheketoff of Boston, Mass.

January 1995 - Michael Elbery's Direct Appeal of the "Attempted Mayhem Conviction", as prepared by Attorney Robert Sheketoff, is Denied.

February 1995 - Michael Elbery fires Attorney Robert Sheketoff from defense of the E-z Mini Storage Gun charges of 8-5-94.

April 3, 1995 - Elbery is found NOT Guilty of all gun charges in a jury waived trial before Judge Elliot Zide in Worcester District Court. Michael Elbery simply presented his F.I.D. card (firearms identification card) that was valid at the time of the Shrewsbury cops arrested Michael Elbery for gun possession on August 5, 1993. And the Shrewsbury cops had issued that F.I.D. card to Elbery. See "the E-z Mini Storage - Shrewsbury's Biggest Fire Ever" for more details of that illegal gun arrest by the Shrewsbury cops.

March 1997 - Michael Elbery represented himself against the $90,000.00 civil suit of his former attorney, Arthur Goldstein; Elbery won his first case via self-representation. The jury found that Michael Elbery owed Goldstein nothing and that Attorney Arthur Goldstein's claim against Elbery was Fraud.

April 1997 - Michael Elbery's former attorney, Louis P. Aloise, decides to become a judge and is considered by the Worcester Press to be the favorite candidate to be appointed to a Worcester County District Judge vacancy.

April 1997 - Michael Elbery writes a documented letter alerting the Mass. J.N.C. that Attorney Louis P. Aloise should never be a judge because Aloise was the lynchpin in helping frame Michael Elbery for "Attempted Mayhem" in 1993 causing Elbery 10 years of false imprisonment.

May 1997 - Aloise is forever Blackballed by the Mass. Executive Branch and will never be a judge or receive any political appointment. Aloise had to "step down" from a position with the Mass. Public Defenders' Office that he used to supplement his legal practice. This all caused by Michael Elbery revealing the truth of Aloise's alleged defense of Elbery in 1993 on the "attempted mayhem" charges. That alleged defense was no more than a conspiracy by Attorney Louis P. Aloise to frame Elbery for those same charges.

1997 - Michael Elbery files the first two of a series of over a dozen Federal Law Suits in Boston, Mass.. The first two were the Hester and then Sklut cases. Elbery would learn quickly that in the Jewish controlled Federal Court he was not welcome; "Yankee Go Home". Due to the problems Michael Elbery created for Wolf and Saris in the Hester and Sklut cases the subsequent Federal Law Suits would be immediately Dismissed by the presiding Federal Judge.

February 1999 - Michael Elbery is arrested on more phony charges by Mass. Parole and the State Police. They blow their arrest conspiracy when Elbery told them he was exercising his right not to talk to cops. That conspiracy incident would result in the Dedham Clerk Magistrate Phil McCue lawsuit.

July 6, 1999 - Michael Elbery files his Motion for New Trial that he prepared, not an attorney of the bar. Elbery exposes irrefutable documentary evidence of over 30 U.S. Constitutional Violations at the trial of 1993 that got him 10 years in State Prison. Elbery also documented that his Defense Attorney, Louis P. Aloise, conspired with Worcester D.A. John Conte's Office to conceal the most important evidence of the trial and all the exculpatory evidence presented at the Probable Cause Hearing of January 1993, as itemized in Motion Claim X of his Motion New Trial.

July 1999 - Judge Dan Toomey applies for and is billed as a favorite to fill the first of five Vacancies on the Mass. Supreme Judicial Court which is the highest Court in Massachusetts.

July - August 1999 - Michael Elbery writes two volleys of letters and supporting documentation, including Michael Elbery's Motion for New Trial, that finally gets to Govenor Cellucci. Cellucci blackballs Toomey and sends the Massachusetts State Police to Toomey's front door causing headlines in all Boston and Worcester newspapers. Toomey had a massive heart attack the same day, and never recovered, getting a heart infection that Killed him. Superior Court Judge Dan Toomey was the President of the Conference of Massachusetts Judges.

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September 1999 through July 2000 - Michael Elbery is a marked man, he is on the "Jews' - Wanted Dead or Alive List," additionally, Toomey's Death must be avenged by the Massachusetts Authorities (judiciary and police). Elbery is first jailed by Mass. Parole the day before Thanksgiving Day of 1999 on fabricated charges and released in March of 2000. Michael Elbery is arrested on phony charges in July of 2000 and wins those charges before a six man jury in Framingham District Court in July 2001.

July 31, 2000 - Federal Judge Patti B. Saris dismisses Michael Elbery's Hester case a few days after he was charged with the phony July 2000 charges. Those fabricated July 2000 charges put Elbery in Concord Prison, so Elbery could not Appeal Judge Saris' dismissal to the U.S. First Circuit.

July 18, 2001 - Current, Chief Justice of the Massachusetts Supreme Judicial Court - Roderick L. Ireland denies Michael Elbery his Constitutional Rights to Evidentiary Discovery regarding the phony charges of July 2000.

July 19-20, 2001 - Michael Elbery represents himself at trial in defense of the fabricated charges of July 2000. Elbery wins after a two day trial and was found NOT GUILTY VERDICT by the six man jury on both malicious/phony charges.

December 25, 2001 - Judge Timothy Hillman files his decision of Denial of Michael Elbery's Motion for New Trial, after sitting on that Motion for New Trial for 2 1/2 years in order to be assured that Michael Elbery would be ineligible to file a Federal Habeus Corpus regarding the "attempted mayhem" charge Elbery was doing 10 years.

April 2002 - Michael Elbery is released from the Massachusetts Prison System, after a deduction for "statutory good time".

2002 -2003 - Amateur attempts by the police in Massachusetts are made to try to get more phony criminal charges and imprisonment of Michael Elbery.

May 2002 - Plaintiff, Michael Elbery, represents himself while prosecuting his civil Sklut case against the Shrewsbury Police in the Boston Federal Court. This case would result in Mark Wolf resigning as Chief Judge of the Federal District of Massachusetts, in October of 20012, causing Wolf a $50K loss of pay per year. Wolf will also gain the notoriety in the future as the Big Shot Federal Judge - that got run in by a "Jail House Lawyer".

June 2002 - Michael Elbery Appeals the Denial of his Motion for New Trial by Judge Timothy Hillman. The last page of Elbery's Reply  Appeal Brief warns the Mass. Appeals Court of the future publication to the "World Free Internet" of the Appeal and related Motion for New Trial and all litigation taken by the authorities to get Michael Elbery.

October 2002 - John Conte's Worcester County District Attorney Office's Attorney Ann S. Kennedy files her Brief in Opposition to Michael Elbery's Appeal to the Denial of his Motion for New Trial.

March 10, 2003 - The Mass. Court of Appeals "rubber stamps" Judge Timothy Hillman's Denial of Michael Elbery's Motion for New Trial.

March 2003 - Michael Elbery alerts Chief Justice of the Mass. Supreme Court - Margaret Marshall and her fellow S.J.C. Justices to the Unconstitutional Illegalities of Conspiracy to Maliciously Prosecute that took place in July 1993 in a Worcester, Mass. Superior Court. The S.J.C. washed their hands to the action and opted not  to review the case and took no jurisdiction.

2003 - Michael Elbery writes and files a Petition for Writ of Certiorari to the United States Supreme Court. The Supreme Court, Clarence Thomas, denies review and jurisdiction of that legal petition. Legally it was the same as if Elbery never filed the Certiorari with the U.S. Supreme Court. Elbery was one of over 8,000 Certiorari Petitions filed to the U.S. Supreme Court that year' session; his was not one of the 200 accepted for review and decision by the U.S. Supreme Court that year. 

April 2007 - Michael Elbery publishes his web site - MassInjustice.Org to the World Free Internet. He would build that Web Site for years and at 2013 and into the future. In the month of January of 2013, alone, that Web Site had over 3000 readers of the World Free Internet. Over 70,000 readers have viewed www.MassInjustice.Org by April of 2014; there were 35,000 readers of MassInjustice.Org in the year 2013. Since this Web Site published the Chapter on Federal Judge Mark Wolf  readership increased and in the six months following publication of Federal Judge Wolf's article there were 16,000 readers. After the articles on Chief Federal Judge - Mark Wolf and the Conspiracy to murder Michael Elbery were published, by 2020, and 13 years on the World Free Internet, there have been almost ONE MILLION readers of this web site - MassInjustice.Org.

2007 - Several Prosecutors are fired from the Worcester District Attorney's Office as a result of their participation/conspiracy to maliciously prosecute Michael Elbery.

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August 18, 2008 - Assassins catch Michael Elbery sleeping (a bad habit for targets of murder) and they launch a Cyanide Chloride Gas attack on him. They came close but they missed, Michael Elbery lived. The medical authorities refused to help. This would be the first of a series of Cyanide Gas Death Attempts on Michael Elbery from 2008 through 2012 until the F.B.I. got involved.

November 17, 2008 - Mass. Superior  Court Judge - Agostini violates law and demands Michael Elbery be front and center at the Berkshire County Superior Court. Michael Elbery told Agostini and his lackey staff that they were still in the U.S.A. and the U.S. Constitution was still in existence.

April 2011 - This Web Site's first Web Host - "Net Firms" was bought out by Endurance International in attempt to stop this Web Site. Elbery's computer was hacked and infected with virus in attempt to destroy this web Site. Endurance International killed the computer but Michael Elbery backs everything up in triplicate. Once again, they failed to destroy or stop www.MassInjustice.Org. 

2011 - 2012 - Judge Timothy Hillman achieves meteoric promotions as reward for his illegal decision on Michael Elbery's Motion for New Trial. Hillman and his advocates/co-conspirators were good - they even duped the U.S. Senate with their fast work. Also see more detail on Hillman's astounding rise through the Judicial ranks in the Promotions Chapter of MassInjustice.org.

July 2012 - The second and former Web Host, "Host Gator", for this Web Site - www.MassInjustice.Org is bought out by Endurance International for an exorbitant amount of $250,000,000.00.  This was the second Web Host of www.MassInjustice.Org that was bought by Endurance International in feeble but ridiculously expensive attempt to stop this Web Site.

August 2012 - The Knight Capital stock market debacle and subsequent bankruptcy was a backfire of an Attempt to put Michael Elbery out of business. 

August 2008 - 2012 - Michael Elbery is the target of dozens of Cyanide Chloride Gas Attacks. Elbery escaped death but is crippled with hypoxia in the summer of 2012 and cannot walk again until May of 2016.

October 2012 - Chief Federal Judge of the Federal District of Massachusetts - Mark Wolf resigns that position and retires as a result of Michael Elbery exposing Wolf's criminal conduct on Elbery's Sklut case.