Mass. District Judge Fredric Rutberg Presides over Jury Rigging
Judge Frederic Rutberg is presiding justice at Pittsfield District Court, Berkshire, County. He also presided over a jury rigging.
Michael Elbery was a defendant in a civil case against S&K Design Group Inc. of Pittsfield, Mass. - The underlying event was a perc test that S&K alleged they performed correctly. S &K Design Group required all payment up front for their contracted perc test with the exception of a $250.00 balance. S & K sent a 19 year old boy, Dan Jette, out to a lot of land owned by Elbery to do the perc test on about March of 2006. Due to malicious tactics, the boy from S & K was not able to perc the lot; the same lot that had been perced in 1980's, 1990's and again a few months later in 2006 by another company.
Keep in mind a perc test is just pouring water into a 12" diameter hole in the ground. Three inches of water has to seep into the earth in three hours. A perc test is supposed to determine whether a piece of land has a location suitable for a septic system.
The contract between S&K and Elbery specified that Elbery was due 8 hours of perc testing or until the perc tester was successful in percing the lot. S & K quit after about 4 hours of inferior performance and never provided the contracted work of 8 hours. S & K Engineering never denied that they stopped after 4 hours.
During the perc testing Elbery told the perc tester, Jette, that he would never be successful percing the lot, if he continued in the same manner. Jette, the perc tester from S & K, admitted that he was given instructions to perc the lot in that manner, (down to China), by his boss Robert Fournier. Elbery protested stating that S & K was deliberately failing the perc test on the lot.
Elbery asked Jette if Bill Fuller (Board of Health Inspector - Becket) had alerted S & K about Fuller's friend Charles "Mike" Parson's problem with Michael Elbery in order to get S & K Design Group to deliberately abort the perc test. Jette said he didn't know anything about that.
Elbery paid the excavator in full and the Becket Board of Health in full and walked away with nothing of value for the contract work with S & K.
Coincidentally, Dan Jette quit working for S & K Design Group after the initial hearing of the lawsuit brought by S&K Design Group against Elbery because Jette refused to witness in the case for S &K.
S & K Design Group of Pittsfield, Mass. Chases the "unearned $250.00" in court of law.
S&K Design Group wanted every penny regardless of their unproductive performance - S & K sued to get the $250.00 balance that Elbery refused to pay because he witnessed them deliberately fail the lot - no lot of land would have passed a perc test the way S & K did it. Further, Elbery did not get the 8 hours contracted with S & K Design Group. But the real story is the court activity which is highlighted by a rigged jury with the approval of District Judge Fredric Rutberg.
South Berkshire District Judge James McElroy and Previous Judicial Misconduct/Violations of Constitutional Rights
Initially, Judge James McElroy presided over the S&K case and was recused due to motion by Elbery. Elbery already caught McElroy on another case (Kelly, Granger & Parsons Inc. v. Michael Elbery) in which McElroy was a partner with the plaintiff - Charles "Mike" Parsons of Great Barrington, Mass. - Yes, that's right, Judge McElroy was a business partner with the plaintiff, Charles "Mike" Parsons, and presided over that case against Michael Elbery. During that case McElroy additionally violated Elbery's constitutional rights by attaching "Ex-Parte" (attachment made without Elbery being notified or giving him a hearing first) land owned by Elbery in order to help Parsons and his lawyer extort Elbery into capitulating his defense of the case instead of answering Parson's complaint and defending the case. Elbery would force Judge McElroy of the South Berkshire District Court to lift the "Ex-Parte" attachments as he put Judge McElroy on notice that the attachments violated Elbery's U.S. Constitution Rights under the 14th Amendment.
In that case, Elbery would force Parsons to dismiss that case after a year's litigation that Parson's got for free because his attorney, Louise Orgiani, is also a partner with Parsons in another business. When you falsely represent yourself as an engineer as does Charles "Mike" Parsons you need a lot of partners who are judges and attorneys to protect you from prosecution. There are a lot of crooks in Berkshire County and those same crooks run Berkshire County.
Judge Fredric Rutberg replaces Bias with Bias & Past Confessions of Judicial Misconduct in the Berkshires
McElroy was replaced on the S&K case by Judge Fredric Rutberg. It is hard to believe but Rutberg succeeded McElroy on the Parsons case and had to recuse himself on that Parson's case, after motion by Elbery. Rutberg, stupidly, would admit via written letter that he was indeed another partner with Parsons; all the idiot had to do was simply recuse himself without admitting that he presided over the case for 6 months and made decisions of that Parson's case knowing he was biased due to his partnership with plaintiff - Charles "Mike" Parsons. Elbery was not only successful in getting Rutberg off the Parsons case 2 years earlier, but in getting Rutberg to admit that he was knowingly, for six months, presiding over that case while being biased against Elbery and totally partial to his friend and business partner - Charles "Mike" Parsons.
As a result of Rutberg's previously admitted bias and illegality in the Parson's case, Elbery tried to get rid of Rutberg on the S&K case, but without success. Now it was Rutberg's chance to get even with Michael Elbery.
Judge McElroy tries to get even - pretends to be a tuff guy
Noteworthy, McElroy smashed into (body check) Elbery in a little obscure room on the second floor of the Pittsfield District Court during an arbitration conference of the S&K case and then again when Elbery was exiting the Pittsfield District Court House on the same arbitration day. McElroy just, coincidentally, walked into that remote conference room to use the sink. McElroy is a classic coward - hopefully McElroy hurt himself when he smashed into Michael Elbery. No doubt, McElroy was hoping that Elbery would give him a good beating because there were several cops observing at long distance down the other end of the hallway where McElroy's second feeble assault took place.
Berkshire County is small place and is run by a few for a few. The special privileged local yokels have a direct link with their local yokel court to insure special rights.
Small Claims Hearing - another Kangaroo
The small claims case by S&K against Elbery was heard by a Clerk - Magistrate, who was not just biased (a fat 40 year old blond who would never identify herself), but she demonstrated that she knew Michael Elbery was an enemy of the State of Massachusetts Judiciary. There is a grapevine in Massachusetts - the police, government workers, bar attorneys (paid by the court via appointment), the Mass. Judiciary - they all can be counted on because their bread is well buttered for the little work they do. Such people would starve in the private sector - no wonder they are "staunch advocates". Elbery appealed the clerk's biased decision to a jury of 6. S & K never denied that they failed to provide the contracted 8 hours of perc testing.
During that small claims hearing, Attorney Alan Righi was allowed to be the only witness for the plaintiffs S & K Design Group.
The jury trial was set for March 15, 2007 "The Ides of March". The Mass. Judiciary was sending Elbery a message. Do they think that highly of Michael Elbery that he be associated with Julius Caesar? Their conspiracy was not strong enough as Michael Elbery is still alive. Alive to malign the Mass. Judiciary with their own documented stupidity and tyranny. Judicial tyrants get stupid when they think everything they do illegal in their Kangaroo Courts will be swept under the "Judicial Carpet".
The Rigged Jury - Jurors selected before Jury pool drawn in Courtroom
Elbery was suspicious of small town U.S.A. and its Kangaroo Court in Pittsfield, Mass., as already demonstrated by McElroy and Rutberg, and motioned for juror information as allowed by Mass. law. That motion was ignored - not even a decision on that motion. It was as if the motion was never made.
Elbery observed the jury pool that was used to empanel the district civil jury case that was scheduled prior to his. That same jury pool left the courtroom never to return again. A new jury pool, (almost all different faces), would appear minutes later in the same courtroom in order to allegedly select a random 6 man jury for the case S & K Design Group v. Michael Elbery. There was one big problem for Michael Elbery - the jury had been selected before the pool entered the courtroom.
The court bailiff handed Elbery and the plaintiff's attorney, Righi, the juror information sheets and they were in exactly the same order as called by the bailiff. In other words, the court officer called off 7 names and the juror information sheets that they had given to Elbery were in exactly the same order. You would have thought the dummies would have mixed the juror information sheets up so that it appeared they were selecting a jury by random in the courtroom as required by law.
Elbery would have time to go home because the other jury case was being tried before his case and he wrote a motion regarding the jury rigging. It was immediately denied by Judge Rutberg.
At the jury trial, Rutberg allowed the clerk's finding to be prima facia evidence - how does a piece of paper carry any weight for a jury to find for the plaintiff? A rigged jury does not require any evidence.
Elbery was required to present his case first - how do you defend against your own case?
Advocate - Becket Board of Health Bill Fuller testifies
Rebuttal witness Bill Fuller of the Becket Board of Health testified for S&K - claiming that he had 5 doctoral degrees. Strange, Bill Fuller had previously admitted that he did not finish college. See Bill Fuller article - this Board of Health tyrant is capable of any and all corruption - Fuller remains in his appointed job playing the politically correct act. Bill Fuller would say in court "he can't kill us all", while hugging 2 S & K employees, Mark Scocco and Robert Fournier. Bill Fuller looked like he was right at home and having fun hugging two males; it looked like Fuller was accustomed to touching males. Yes, Bill Fuller used to run a Boys Choir School. Bill Fuller knows who butters his bread; Bill is like so many others that can be relied on because government appointment is the only way they can survive. The pompous Bill Fuller is the 400 lb. Board of Health Inspector that sits to watch perc tests/water seep into the ground - he doesn't want to work to hard.
No doubt, Bill Fuller, a former and current government employee, was contacted by the police about Michael Elbery when he relocated into the Berkshire County area. No doubt, that is the reason why, according to Charles "Mike" Parsons, Fuller disliked Elbery before he even met him. Fuller "can be relied on" - they knew he was a key to obstructing Michael Elbery via lousy perc tests.
The plaintiff's attorney, Alan Righi, asked only 2 questions during the entire alleged trial.
Elbery would complain, during jury deliberations, that the jury had been selected prior to entering the courtroom (rigged). Bailiff, Bill Bateman, stated "that is how it is done here".
Rutberg denies juror questionnaire verdict slip
Judge Rutberg also denied Elbery a copy of the juror questionnaire and verdict slips that Rutburg gave the jury while they deliberated.
Rutberg allowed the jury to assess Elbery $1,243.00 for that $250.00 small claims case and then set a hearing for attorney fees for the plaintiff's obese attorney - Alan Righi. After the jury exited the courtroom, Attorney Alan Righi demanded $7,500.00 more in legal fees for his small claims case efforts. Rutberg stated that he would give it to Righi and set a hearing date for assessment of Righi's additional attorney fees.
Michael Elbery got Robbed in the courtroom of Judge Fredric Rutberg. Over Michael Elbery's objection, Judge Jewish Rutberg allowed the jury to assess $1,243.00 for a $250.00 contract claim by S & K. This is obviously a legal impossibility enforced by Kangaroo Rutberg. You can't make the defendant pay more than the contract at issue asks for in the lawsuit.
Rutberg starts to change his tune - A Rumor of "MassInjustice.org"
In the Interim, the Web Site massinjustice.org was launched - and Rutberg was put on notice that his Kangaroo tactics would be exposed for public examination. That Web Site put a scare into Rutberg the Jew, as he became less surly and no longer bragged that he would give Attorney Righi his demands for $7,500.00 in more legal fees for what Righi considered the highlight of his legal career via that small claims case prosecution against Elbery that was of course rigged.
During the legal fees assessment hearing Attorney Alan Righi demanded more attorney fees plus more money for his clients. Attorney Alan Righi thought the small claims case against Elbery was so "big" that he contacted the Law Office of Attorney Bradford Louison - Boston, Mass. This small claims case "made" Righi, who works out of a tenement (shares common resources with other attorneys who don't have a very lucrative practice) because he doesn't have a practice that can afford his own office. Righi was in his glory - he reached his professional pinnacle because he won a small claims case. Righi made a point at the attorney fees assessment hearing to mention that he had contacted Attorney Bradford Louison about Elbery and stated that Louison didn't like Elbery. Elbery caused Attorney Bradford Louison to quit the Federal s. 1983 case Elbery v. Sklut et al. because he caught Louison conspiring to fabricate evidence against him.
Righi called Elbery a "menace". Righi is a fat Italian. A Jew Judge, working with Italians and the White Man has a problem in the courts that he founded two Centuries ago. Hence, the decline of the U.S.A.
Oh Boy!, Did Attorney Alan Righi pride himself in his "Analysis" which he referred to repeatedly during the assessment hearing as "MY ANALYSIS". This case was pinacle of Righi's legal career; he was in his glory via a rigged small claims case. Yes, Attorney Alan Righi needed an "Analysis" for his "grand" small claims case.
Elbery tried to discourage Judge Rutberg against continued illegal conduct.
Judge Fredric Rutberg got even with Michael Elbery and assessed another $1.375.00 for Righi's attorney's fees. Righi demanded $7,500.00 but Rutberg changed his mind about the $7,500.00 since trial date of March 15, 2007 because Michael Elbery notified Judge Rutberg of MassInjustice.Org.. Had this chapter of this Web Site been completed Judge Rutberg would have probably let Righi be happy with the outrageous and illegal jury decision of $1,200.00 in hope that Elbery not publish the illegalities in the courtroom of Pittsfield District Judge Fredric Rutberg.
Jewish Judge Rutberg seems to escaped any serious penalty, but Judge James McElroy resigned shortly after this article was published. Rutberg and Righi got preferential treatment by their bosses at the Mass. S.J.C., unlike McElroy, who is white.