JUDGE D'AMICO: JUDGE MICHAEL D'AMICO'S RULINGS DISHONORABLY EXHIBIT FAVORITISM AND BIAS: AMERICA YOU BE THE JUDGE
"I ASK THE PUBLIC TO BE THE JUDGE"
I Google Searched Judge Michael D'Amico
This is the information I found: SHAME ON YOU JUDGE!! In the Matter of the Proceeding Pursuant to Section 44, subdivision 4, of the Judiciary Law, in Relation to
MICHAEL L. D'AMICO,
a Judge of the County Court, Erie County.
THE COMMISSION:
Henry T. Berger, Esq., Chair
Helaine M. Barnett, Esq.
E. Garrett Cleary, Esq.
Stephen R. Coffey, Esq.
Mary Ann Crotty
Lawrence S. Goldman, Esq.
Honorable Daniel F. Luciano
Honorable Juanita Bing Newton
Honorable Eugene W. Salisbury
Barry C. Sample
Honorable William C. Thompson
APPEARANCES:
Gerald Stern for the Commission
Connors & Vilardo (By Terrence M. Connors) for Respondent
The respondent, Michael L. D'Amico, a judge of the County Court, Erie County, was served with a Formal Written Complaint dated December 21, 1995, alleging that he was arrested and that he mentioned his judicial office to police. Respondent did not answer the Formal Written Complaint.
On December 30, 1995, the administrator of the Commission, respondent and respondent's counsel entered into an agreed statement of facts pursuant to Judiciary Law Section 44.5, waiving the hearing provided by Judiciary Law Section 44.4, stipulating that the Commission make its determination based upon the agreed upon facts, jointly recommending that respondent be admonished and waiving further submissions and oral argument.
On January 11, 1996, the Commission approved the agreed statement and made the following determination.
1. Respondent has been a judge of the Erie County Court since January 1, 1987.
2. On June 14, 1994, at about 8:15 P.M., respondent entered the Island Park in Amherst in order to determine whether it had suitable facilities for a family picnic.
3. Respondent stepped off a roadway into some bushes and, while standing next to a large tree, raised the shorts that he was wearing and exposed his penis.
4. As he was leaving the park, he was arrested by two Amherst police officers, one of whom had observed him in the bushes. Respondent asked why he was being arrested and told the officers that he was an Erie County Court judge. He had not been asked about his occupation.
5. Respondent was taken to police headquarters by two other police officers. En route, he advised those officers that he was an Erie County Court judge, even though he had not been asked about his occupation.
6. At the police station, respondent spoke to a lieutenant and stated that his arrest would be devastating because of his judicial position.
7. On July 6, 1994, respondent pleaded guilty in the Amherst Town Court to Disorderly Conduct and was fined $100, plus a $45 mandatory state surcharge.
Upon the foregoing findings of fact, the Commission concludes as a matter of law that respondent violated the Rules Governing Judicial Conduct then in effect, 22 NYCRR 100.1 and 100.2a, and Canons 1 and 2A of the Code of Judicial Conduct. Charge I of the Formal Written Complaint is sustained, and respondent's misconduct is established.
"A Judge must conduct his everyday affairs in a manner beyond reproach. Any conduct, on or off the Bench, inconsistent with proper judicial demeanor subjects the judiciary as a whole to disrespect and impairs the usefulness of the individual Judge to carry out his or her constitutionally mandated function." (Matter of Kuehnel v State Commission on Judicial Conduct, 49 NY2d 465, 469; see also, Matter of Quinn v State Commission on Judicial Conduct, 54 NY2d 386). A judge is "governed by exacting standards of honor and propriety" and is obligated to act at all times with "respect for the letter and spirit of the law." (Matter of Backal v State Commission on Judicial Conduct, ___NY2d___, ___ (unreported, No. 283, Nov. 30, 1995).
Not only did respondent plead guilty to Disorderly Conduct following his arrest, respondent's repeated references to his judicial position during his arrest constituted an obvious attempt to gain special consideration. Such conduct by a judge is wrong, even in the absence of a specific request for a favor (see, Matter of Edwards v State Commission on Judicial Conduct, 67 NY2d 153, 155) and even though there was no threat or other abuse of the police (see, Matter of Henderson, 1995 Ann Report of NY Commn on Jud Conduct, at 118).
By reason of the foregoing, the Commission determines that the appropriate sanction is admonition.
Mr. Berger, Ms. Barnett, Mr. Cleary, Mr. Coffey, Ms. Crotty, Mr. Goldman, Judge Newton, Judge Salisbury and Judge Thompson concur.
Mr. Sample was not present.
Judge Luciano was not a member of the Commission when the vote in this matter was taken.
Dated: March 21, 1996
Here are some cases that Judge Michael D'Amico recently ruled on as he sentenced me to 4 weekends in jail, a day care operator who had a small family day care, De's Delights(read my complete story in this blogs headline: The NYS Office of Children & Family Services Goes After the Next of Kin) I was maliciously prosecuted and falsely convicted for falsifying business records to the amount of $2,400. 1.) A city of Tonawanda, NY man was spared jail time and sentenced only to 5 years probation & restitution for stealing more than $70,000.
2.) A Nursing Home Embezzler avoids jail from the Upstate New York Area who was found guilty of grand larceny in the amount of $13, 402. She was only given probation & restitution! It also was agreed upon that she could make restitution for $3,568, because the courts believed that was all she could afford!!
Who does this Judge think he is? GOD! Judge D'Amico needs to think hard and carefully about the individuals that stand in front of him everyday. They are all human beings and so is he. After Judge Michael D'Amico's arrest, why is he currently allowed to sit on the bench playing GOD? Maybe he should have been given some time in jail. Is this justice????? |
ERIC MARSH: "GREAT UNCLE FALSELY ARRESTED" INJUSTICE WITHIN THE BUFFALO REGIONAL OFFICE OF CHILREN & FAMILY SERVICES
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| BUFFALO POLICE OFFICER PLEADS GUILTY |
AFTER REALIZING THAT MOST COMPLAINTS OF INJUSTICE USUALLY GO UNANSWERED, I DECIDED TO SHARE MY HUMILIATION CAUSED BY THE NEW YORK STATE OFFICE OF CHILDREN & FAMILY SERVICES AND THE BUFFALO POLICE DEPARTMENT.
MY NAME IS ERIC MARSH, BUT EVERYONE CALLS ME "UNCLE". I LIVE IN THE CITY OF GOOD NEIGHBORS, BUFFALO, NEW YORK.
YOU SEE, I WAS SHOT IN MY LEG DURING A ROBBERY ATTEMPT IN SEPTEMBER OF 2009. JUST A FEW DAYS SHY OF MY 55TH BIRTHDAY. I CONTINUE TO SUFFER THROUGH MONTHS AND MONTHS OF CHALLENGING THERAPY AND UNBEARABLE PAIN. I NOW WALK WITH THE ASSISTANCE OF A CANE, WHILE A BULLET REMAIN LODGED IN MY LEG. MY DOCTOR HAS INFORMED ME THAT I WILL NEVER WALK NORMAL AGAIN AND I WILL ALWAYS HAVE MEDICAL ISSUES WITH THE USE OF MY LEG. MOST VIEW ME AS A DRIFTER, OR EVEN LIVING HOMELESS FROM TIME TO TIME. A LIFE NOBODY WANTS.
I HAVE ALWAYS FELT LIKE MY LIFE WAS WORTHLESS, UNTIL I CROSSED PATHS WITH THE QUINN FAMILY. THEY REALLY GAVE ME A SENSE OF SELF WORTH AND DETERMINATION. THEY OFFERED ME TO DO VOLUNTEER WORK AT THEIR DAY CARE CENTER. ODD JOBS SUCH AS KEEPING THE EXTERIOR GROUNDS CLEAN, SHOVELING IN THE WINTER, GRASS CUTTING IN THE SUMMER, WINDOW WASHING, PAINTING, MOVING FURNITURE & TOYS. I BECAME A HANDYMAN SORT OF SPEAKING. THIS IS HOW I GOT THE NAME "UNCLE". EVERYONE IN THE COMMUNITY, ESPECIALLY THE CHILDREN REFERRED TO ME AS "UNCLE". THE PARENTS FROM THE DAY CARE ALSO BECAME COMFORTABLE WITH CALLING ME "UNCLE".
PARENTS ATTENDING DAY CARE GAVE ME CONSENT TO ASSIST THEIR DAYCARE CENTER WITH SCHOOL DROP-OFFS AND PICK-UPS. THE CHILDREN LOVED SEEING ME AROUND.
MAY 17, 2010, I WAS WALKING TWO CHILDREN TOWARD THE SCHOOL PLAY GROUND. I NOTICED A VEHICLE FOLLOWING ME WITH 3 NYS OFFICE OF CHILDREN & FAMILY SERVICES EMPLOYEES IN IT. I KNEW THEY WERE STATE WORKERS BECAUSE OF THE TAGS AROUND THEIR NECKS AND THE STATE TAG HANGING FROM THE VISOR OF THE VEHICLE. THE DRIVER OF THE VEHICLE SHOUTED OUT THE WINDOW AT ME, DEMANDING TO KNOW MY RELATIONSHIP TO THE TWO CHILDREN I WAS WALKING TO THE PLAYGROUND. I YELLED OUT TO HER," THEY ARE MY CHILDREN AND THEY ARE WITH ME!" THE DRIVER THEN REPLIED, " THOSE CHILDREN ARE NOT YOURS AND I'M CALLING THE POLICE TO HAVE YOU ARRESTED!"
I FINALLY ARRIVED AT THE SCHOOL PLAYGROUND WHERE THE WOMEN CONTINUED TO FOLLOW AND HARASS ME. JUST AS I WAS ENTERING THROUGH THE PLAYGROUND GATES, A POLICE OFFICER APPROACHED ME. THIS OFFICER IS KNOWN AS OFFICER MITCHELL THOMAS. HE QUESTIONED ME ABOUT THE CHILDREN AND INFORMED ME THAT A 911 CALL HAD COME THROUGH THE STATION.
I INFORMED OFFICER THOMAS THAT I WAS NOT A STRANGER OR PEDOPHILE, AS I WAS BEING TREATED. I EXPLAINED TO HIM WHO I WAS AND WHO THE CHILDREN WERE. AFTER DETAINING ME FOR 30-45 MINUTES AT THE SCHOOL PLAYGROUND, THE OFFICER HAD ME PLACE MY HANDS BEHIND MY BACK AS HE REMOVED MY CANE FROM MY HAND. THE CHILDREN STARTED HYSTERICALLY CRYING AND SCREAMING AFTER SEEING THE OFFICER ARREST ME. HE THEN PLACED THE TWO HYSTERICAL CHILDREN IN A SEPARATE SQUAD CAR. THE CHILDREN AND I WERE TAKEN DOWN TO THE LOCAL POLICE STATION.
I WAS ARRESTED AND HUMILIATED IN FRONT OF THE SCHOOL PLAYGROUND. IN FRONT OF OTHER CHILDREN WHO WERE ALSO FRIGHTENED AS THEY WERE PLAYING ON THE PLAYGROUND. I WAS TRULY PUT THROUGH THE MOST EMBARRASSING MOMENT OF MY LIFE. THIS TRULY UPSET ME, BECAUSE I HAVE NEVER BEEN ARRESTED FOR ANYTHING. THE PRINCIPAL OF THE SCHOOL INFORMED OFFICER THOMAS THAT I WAS NORMALLY AT THE SCHOOL WITH THE CHILDREN EVERYDAY.
AFTER ARRIVING AT THE POLICE STATION, I WAS DETAINED AND QUESTIONED MORE REGARDING THE CHILDREN. I GAVE THE OFFICER THE DAY CARE INFORMATION, PARENTS INFORMATION, AND MY PERSONAL INFORMATION. PERSONNEL FROM THE DAY CARE ARRIVED, AS WELL AS THE CHILDREN'S PARENTS. MY CLAIM TO THE POLICE OFFICER REGARDING THE CHILDREN WERE SUBSTANTIATED, AFTER THE ARRIVAL OF THE DAY CARE STAFF AND THE PARENTS. I WAS FINALLY RELEASED. NO ONE EVER OFFERED ME AN APOLOGY!
THIS POLICE OFFICER, MITCHELL THOMAS CLEARLY WAS WORKING IN CONJUNCTION WITH THE NYS OFFICE OF CHILDREN & FAMILY SERVICES. HIS LINE OF QUESTIONS TO ME WERE ABOUT THE ELAQUENCE DAY CARE THAT HAD BEEN SHUT DOWN. HE ALSO INQUIRED ABOUT THE FORMER OWNER OF THE ELAQUENCE DAY CARE OVER AND OVER. THIS OFFICER WANTED TO KNOW IF I HAD ANY RELATIONS TO THE FORMER ELAQUENCE DAYCARE OR ANY OF ITS STAFF MEMBERS. OFFICER THOMAS MENTIONED COURT CASES PENDING AND INDICTMENTS, INFORMATION THAT ONLY THE NYSOCFS WOULD HAVE AT THAT TIME.
AFTER VIEWING FACEBOOK, I NOTICED THAT A FEW OF OFFICER THOMAS'S FRIENDS WERE EMPLOYED BY THE NYSOCFS. A FAMILY MEMBER OF MINE CALLED THE POLICE STATION TO SEE WHAT TIME THAT 911 CALL CAME THROUGH. I WAS SURPRISED TO FIND OUT THAT THERE WAS NEVER ANY 911 CALL MADE TO THE POLICE STATION. THIS LED ME TO BELIEVE OFFICER THOMAS WAS CONTACTED BY HIS NYSOCFS FRIENDS VIA CELL PHONE.
I WELCOME THE POLICE OFFICER TAKING PRECAUTIONS AND SAFETY MEASURES TO PROTECT THE CHILDREN OF THE COMMUNITY AND FOR PERFORMING THE SERVICE DUTIES HE IS UPHELD TO PERFORM, BUT NOT AT THE COST OF ABUSING HIS AUTHORITY OR CORRUPTING HIS BADGE. THIS IS CLEARLY A SITUATION OF MISCONDUCT AND CORRUPTION.
I RECENTLY FOUND OUT THAT OFFICER THOMAS MITCHELL HAS A HISTORY OF MISCONDUCT. THIS SAME POLICE OFFICER WAS ARRESTED FOR INAPPROPRIATE BEHAVIOR IN FEBRUARY OF 2008. (PLEASE VIEW THE NEWS ARTICLE FROM WIVB, CHANNEL 4, IN BUFFALO, NY)
I SINCERELY DESERVE JUSTICE FOR WHAT I WENT THROUGH.
THERE IS NOT A DAY THAT GOES BY THAT I DON'T THINK ABOUT THE INJUSTICE THAT HAPPENED TO ME ON MAY 17, 2010.
THE FAITH THAT I NOW HAVE IN OUR JUSTICE SYSTEM IS SLIM TO NONE.
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