The Attorney Michael Jennings Incident

featuring - Attorney James Michael Merberg

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Michael Elbery needed a lawyer in 1994 - he was not yet self-educated in law. In July of 1993, Michael Elbery had been railroaded in Worcester Superior Court with a conviction for an unheard of crime called "attempted mayhem" and was mandated by the government's Judge - Dan Toomey how he would spend the next 10 years of his life. Strangely, Elbery was not in prison, but on a "Stay of Sentence Pending Appeal" for 13 months after that conviction. The "Worcester Home Rule Gangsters" were nervous and had to re-group; things didn't go the way Attorney Lou Aloise thought it was to go (Lou had agreed to throw the case but commented that it was only supposed to be a conviction for assault with a 2 year sentence).

Michael Elbery still had to deal with a charge of intimidating a witness, one - Jeff Schlener (the bartender at the Winner's Circle Bar in Worcester) who claimed that Elbery made a threatening phone call to him.

Michael Elbery knew there was no Worcester lawyer that would advocate his cause, so he went to Boston and Springfield. He found a criminal defense attorney in Springfield, Mass. named Michael Jennings who was an obviously sophisticated lawyer and he was a lawyer that would crusade Elbery's cause; he was sincere and not a Jew, but a Northern European extraction.

Jennings told Elbery that he needed 5K when Elbery showed Jennings the Criminal Complaint of 10-14-92 taken out by the Shrewsbury Police in conjunction with John Conte's Worcester D.A.'s Office a day before the alleged crime was reported to the Shrewsbury Police per Report of 10-15-92. Jennings asked why this Jeff Schlener was a witness and learned about the "Attempted Mayhem" conviction and the "Stay of the 10 Year Sentence". 

Jennings  also learned that there was first found NO PROBABLE CAUSE regarding the same "attempted mayhem" charge and two other assault charges against his new client.

Like a true advocate Jennings asked for the Probable Cause Hearing Transcript and Elbery let him read it. They met at the Worcester County Courthouse a few days later because Jennings had a case in Worcester and it made things more convenient since Elbery lived in  Worcester at the time.

Elbery met Attorney Jennings as planned at the Worcester Courthouse. Jennings was astonished - he expressed and  appeared never to  have seen or read anything like what was in the Probable Cause Hearing Transcript. Jennings wanted to know how it  was possible that there could have been a conviction on those charges after reading the Probable Cause Hearing Transcript.

Jennings asked emphatically, "how did you lose at trial"? Elbery told Attorney Jennings that the witnesses changed their testimonies/lied and his trial defense Attorney Lou Aloise helped them out. Jennings was puzzled - the P.C. transcript was perfect evidence. Jennings knew there was something seriously wrong and  with a case he was not hired to defend.

Jennings told Elbery that he knew people/attorneys in Worcester County and that he would "ask around". 

Boy - did "they" ever get to Jennings. Jennings wasn't going to  suffer the pains and penalties of  defending Michael Elbery.

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The next meeting was in Springfield, Mass. at Jennings office. The advocacy was over; Jennings was belligerent - quite a change. Jennings wasn't talking anymore. After a short battle, he returned the 5K fee and Elbery was looking for another defense attorney.

Michael Elbery then interviewed and hired Attorney Richie Egbert; Egbert's office was on Summer St., Boston, Mass. just a few blocks north of the South Station before Washington St.. Egbert wanted all the details and decided to call Attorney Louis P. Aloise. Aloise had already blown that "Intimidation of a Witness case" and Elbery was found guilty by a Westboro District Judge of that alleged crime. Elbery appealed that conviction to the Six Man Jury Session in Worcester District Court. ( That appeal was allowed under the old De Novo System that had existed for over a 100 years but was voided a year after Michael Elbery used it successfully to overturn the conviction for "intimidation of a witness" - one Jeff Schlener.)

See also the Hester case in the Federal Judge Patti B. Saris chapter of MassInjustice.Org

Egbert did his research and he and Michael Elbery had another meeting in Egbert's Office. Egbert claimed that Attorney Aloise said that "you cause trouble". Egbert did not define his word - "trouble". But Egbert was a Jew (he died in 2007 of a heart attack still in his 50's). Attorney Lou Aloise did not want that conviction for Intimidation of Witness" being overturned by a jury. Aloise knew full well that the Shrewsbury Police Report documented that the cops wrote up the criminal charges a day before the alleged crime was reported by the alleged victim's wife. Aloise knew the charges were documented police bullshit, but Aloise wanted as many convictions against Michael Elbery as possible. Aloise was in trouble and he knew it - Aloise's plan was to get more convictions on Elbery, so he would be Non-credible. They would say, "well if he got convicted again he must be guilty of  the "attempted mayhem" conviction"; And Aloise wanted to use this tactic to cover his ass; "must be a bad guy". Lou had no idea what an Internet was back in 1994 - Aloise only thought he would have to defend himself against scuttle-butt etc., not  documented evidence laid out in a Web Site with all the transcripts and court filings that went on for almost a decade. When someone does a Google  Search for Attorney Lou Aloise or his law firm they get a screen loaded with www.MassInjustice. - not even a seasoned liar like Aloise can defend against the documented truth with this type of broadcast via the Internet. Hey, Lou - they have been downloading 100's of copies of the Probable Cause Transcript - a real favorite to the 70,000+ readers of this Web Site at April, 2014.

Egbert gone but not Forgotten - Orders Evidence Destroyed to Aid Attorney Louis P. Aloise in Convicting own client 

At any rate, Michael Elbery and Egbert had a disagreement and Egbert returned Elbery the fee in full. Two attorneys, two fees, and both returned in full - that's a pretty good victory. But first Egbert acquired Westboro District Court Trial Tape of 7-28-93 from Attorney Louis P. Aloise and instructed a Court Reporter, Louis Vigoda, to eliminate all the exculpatory evidence from Vigodo's transcription of that trial tape. Review the Trial Transcript of 7-28-93 at Westboro District Court, it is missing (see the repeated "---" and also "inaudibles" for some of the deliberate vandalism) all the testimony that was beneficial to the defense of Michael Elbery against that Intimidation of a Witness Charge. See the attempt by Elbery's subsequent attorney's office to repair Vidgoda's deliberate vandalism, also the transcript is complete with write - ins that were an attempt by the subsequent attorney's office to repair the Egbert/Vigoda vandalism. Also see the last two pages of that Trial Transcript.

 

At about February of 1994, Michael Elbery then called Attorney James Michael Merberg of Boston. Merberg had no time for nonsense and Elbery was quick to tell Merberg that there was a conviction on the intimidation charge that is now being appealed to a six man jury, but that it can be won because the Shrewsbury Police Dept. report of the incident documents that the Worcester D.A.'s Office in conjunction with the Shrewsbury Police filed the complaint a day before the alleged intimidating call was reported to the Shrewsbury Police. Elbery was sure to tell Merberg that the alleged witness - Jeff Schlener had a serious drug problem and was a gigolo.

Elbery also told Attorney Merberg that Aloise never mentioned this Wrong Day Shrewsbury Police Report in his defense at Westboro District Court, although the trial before that District Judge in Westboro District Court was a bag job and evidence was not an issue. 

 

The conviction overturned via Prosecution's Dismissal - Michael Elbery receives real legal defense

 James Merberg, a Boston lawyer and former partner of F. Lee Bailey's,  would take the case for  3K in cold cash that Michael Elbery had to deliver within 30 minutes from Worcester via a fast drive down the Mass. Pike. Merberg appeared for trial as scheduled, and with a 30 minute pow - wow in the judges chambers, the prosecution dismissed the Intimidation charge in the Worcester District Court - Six Man Jury Session of Judge Paul La Conto. The jury never heard the case - in fact there was no jury. Attorney Merberg, although he would never say, must have told the judge and prosecutor there was not much of a case against Michael Elbery because the alleged crime of intimidation was reported a day after the Criminal Complaint was issued by the Shrewsbury Police and John Conte's Worcester D.a's Office. Kind of like being charged with a bank robbery a day before they claim it happened (an impossibility). An attorney like Merberg could embarrass, not just the cops and prosecution with that foolish Police report, but the jury of citizens would witness an attempted mockery of justice; the authorities do not want their Judicial System publicly disgraced/undermined especially in front of a jury of citizens. The Judiciary wants to hide their railroad jobs, violations of the U.S. Constitution, and injustice under the "Judicial Carpet".

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Merberg was/is a wealthy powerful lawyer and did not take any insults or disrespect from anyone, but something happened after he won that case with a quick dismissal. I don't know what they said to Merberg but he was visually upset and his manner changed -almost shaken up. He spoke to me out on Main St., Worcester - I waited for him in front of  the old Worcester Court House. He then told me to be very careful and also relayed an offer from the Worcester D.A.'s Office - The offer was that if I drop my appeal on the "attempted mayhem case/trial" the Worcester Court/D.A.'s Office would drop the jail time of  10 years in prison, but not the conviction. I  asked if there would be probation or just liberty. Merberg said he  did not know. I said,  "no - I am not guilty any crime that's why there was found No Probable Cause by Judge Raphaelson to even arrest me when I was defending myself outside that barroom against a "gang of six"".

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As above - Merberg had no time for nonsense - he was very efficient and just business. Out of character, Merberg called me by phone the next day and asked me if I had reconsidered the offer for No Prison Time on the "Attempted Mayhem" Conviction. Remember, Merberg was not hired in any capacity concerning the "attempted mayhem" case. I gave Attorney Merberg the same answer as I did on the street in front of the Worcester Courthouse - "NO DEAL".

And there would be some justice, as you see on this Web Site.