Saturday, February 28, 2015

The Diarrhea Blues



In support of the recent Hoboken Reporter article: "Hoboken blogger case dismissed after it fails to cross high threshhold for defamation"  GA is posting the above certification filed by Plaintiff in Bajardi v Pincus.   Included are Plaintiff's claims for "intentional infliction of emotional distress"-  Paragraph 7.

The editor of the Hoboken Reporter was correct; the threshold for defamation is too high for damages like diarrhea, nausea and a debilitating sense of dread.

GA agrees that every American who's caught diarrhea online deserves their day in court and $2,000,000, because one man's gastrointestinal distress is another's Hiroshima.   In fact, GA is thinking of suing the curry I made last night.  So does that mean I owe myself $2,000,000?

Damages: I charge per polyp
No problem!  I'll write me a check!

What if the "threshold of defamation" were lowered as the Hoboken Reporter seems to suggest it should be?  Could our busy courts accommodate a stampede of litigious loose bowels?  

Perhaps a wing could be added to 595 Newark Street called "Montezuma's Annex," equipped with extra bathrooms and mops.  If that doesn't work for the volume of cash-seeking, gastrointestinally-distressed Plaintiffs, perhaps a new courthouse would have to be built: "The Large Intestinal Superior Court of Hudson County."

Makes sense.   Like The Hoboken Reporter, GA feels the "threshold of defamation" is way too high; it excludes crackpots, drama queens and fakes. Yep, everyone deserves their day in court, no matter what the legal costs are to the ones who traumatized your bowels.

Time to pay up.


Friday, February 27, 2015

How did James Barracato obtain the Mayor's "60,000 emails"?

It Takes a Thief  aired on ABC for three seasons between January 9, 1968, and March 24, 1970.

Folks, I don't have the answer.

GA believes there can be two possible sources:
  1. One of the parties directly involved in the hospital sale ("leaked").
  2. The mayor's email account ("diverted")
One thing is certain.  No matter how 60,000 of the Mayor/HMHA's emails came to be in the hands of  Mason's "business partner" James Barracato,  he was not an "authorized recipient" of those emails.  Further, the email exhibits produced in Bajardi v Pincus,  demonstrate that Barracato and others who knew he possessed the improperly obtained emails (and did nothing) wished to use them to undermine the sale of the hospital to the single viable bidder, Holdco.

GA believes an investigation is warranted; questions need to be answered.

Who gave Barracato the 60,000 emails which Mason's "business partner" then gave to The Hoboken Reporter one month before the hospital sale closed?  Was the confidentiality agreement between parties illegally breached to undermine the successful sale of a public asset or were emails "diverted" from the Mayor?  60,000 is a lot of email; it would seem to span a period of months, if not years; the City's effort to sell the hospital began in (at least) 2010.

These are questions which GA believes need answers.

According to Barracato's braggadocio these 60,000 improperly obtained emails and the "shit" in them are rockets to launch at the Zimmer administration:


That was October 9, 2011.

Sometime prior to October 30, 2011, Barracato, the "shit"- peddler,  brought the "shit" on a disk to the Malibu Diner and gave it to reporter Ray Smith


Much to the consternation of the "shit"-peddler's associates, Smith's story was "sympathetic."

Boo-hoo.

In other words, the trafficking of 60,000 improperly obtained emails during the sale of the hospital did not produce the "shit"-peddler's desired result.

Thank goodness for Hoboken.

Now, what happened and how does Hoboken prevent it from happening again?  That is why this needs to be investigated.

Thursday, February 26, 2015

Mayor Zimmer: Barracato not an "authorized recipient" of her 60,000 emails with Hospital Buyer

Horsey, who has just posted one of the emails returned by Plaintiffs in discovery, wrote:
"No one interviewed by MSV on the former HMHA board would agree that obtaining the 60,000 emails in October 2011 was public or legally available."
That includes Mayor Zimmer, who provided this certification for my  "Motion to Grant Permission to Subpoena Dave Unger, James Barracato and Ray Smith for “60,000 Emails on Disk” Between HMHA/Mayor Zimmer and the Buyer of Hoboken University Medical Center."




For clarification, the purpose of the subpoenas requested is explained in the brief supporting my motion.    Note, I was pro se for 17 months (without attorney, defending myself), hence my name on the brief, and dearth of legal mumbo-jumbo. 

Beth's Alleged "Giggling" Bagman

GA would like to thank Joe Branco for singing to The Horse, albeit a couple of years late. GA finds that very curious, but... first things first.

Rabbi Rob Scheinberg
Remember the Nazi Truck, deployed by the Move Forward campaign in the 2012 BoE election?   It played a video on 5 giant screens; the video  falsely stated I was the Kids First Graphic Designer, publicized allegations in Lane and Kim Cardinal Bajardi's newly-filed defamation suit, and interspersed my image with swastikas. It had a blaring audio, to boot.

Oh yeah; 5 days before the Nazi truck appeared, thousands of midnight flyers blanketed our city with my name and photo, attacking me with the same allegations that were to appear days later on the Nazi truck video.

The Nazi truck parked outside my daughter's school on the night of October 16, 2012 and drove around Hoboken, up and down Washington Street and parked in front of Carlos' Bakery on October 17, 2012.  And Hoboken's Jewish community were outraged; Chabad Rabbi Moshe Schapiro told The Hoboken Reporter:
“I’ve seen pictures and I think it’s despicable. I’m appalled and shocked that anyone can use an image of such hatred and bigotry. I don’t know whose side, what side, if they’re repeating something, but how can one be so insensitive to Holocaust survivors who will walk by, or people who had grandparents who survived the camps, and have to witness such an image driving around the city?”

He added, “Whoever is responsible should immediately remove it and apologize. I am shocked this could happen in this day and age. In other countries it’s a crime to use that image. We have freedom of speech, but a million and a half Jewish babies were killed…this is not something that should be used for some political gain.”
Beth and Ricky Mason's rabbi, Robert Scheinberg, of The United Synagogue of Hoboken asked that the images be removed and whomever is responsible apologize.

Well, now we know who is (allegedly) responsible... 

A startling interview posted on MSV last night has alleged who is responsible for the Nazi truck- James Barracato, longtime Beth Mason political operative whom she now calls her "business partner."   Horsey interviewed Noel Torres, the owner/driver of the Nazi Truck. In part, he told MSV:
"I only met James. He hired me. I met up with him by the Lincoln Tunnel gas station...  He didn't want no one to see him or this stuff...  Matt Calicchio was with him. They were giggling about it; they were excited about it. I didn't know what I was getting into. It went pretty bad."
Torres also told told MSV he was paid in cash; given "$2,000 for the first attack video, $1500 plus a $500 bonus as he described it "to keep this quiet."" 

In other words, Beth Mason's 'bag-man' allegedly gave Torres 'hush money'.

So Barracato was "giggling"?

Is he giggling still?

Well folks, GA has broken it down for you below in 3 parts- by no means the entire story, nor all of the evidence available to tell the whole story; there is much more. But, for starters:


You get the picture?

As for Branco stepping forward to deliver this tale, GA believes there must be more to it than meets the eye.

So, will Beth Mason give that apology requested by her rabbi two years ago?

Wednesday, February 25, 2015

"Mayor's diamond-dealing husband..."

GA loves the bling

However one may interpret references to the mayor's husband as a "diamond dealer" in political commentary, you should know that calling Grossbard a "diamond dealer" and/or selling "blood diamonds" has been part of the anti-Zimmer internet lexicon since 2009.

Those who posted on nj.com's Hoboken forum in 2009, 2010 and 2011 may remember dozens, if not hundreds, of such references smearing the mayor's husband and his company alleging his firm sold conflict diamonds.  One prolific commenter even registered the name 'blooddiamonds' and appeared to devote an unusual amount of effort to this line of attack.  (blooddiamonds' bile inspired the uber-funny commenter bludiamonds)

The Hoboken Reporter may call this malevolence "impolite", while others call it by another another name.

GA sees that some are unfamiliar with the historical context  of postings like the recently publicized ones authored  by 'wakeup07030' and 'marklower'.  Historical context helps one understand how the drumbeat of attacks on nj.com articles tie into the broader "Grossbard the diamond-dealer" narrative pushed in articles on Hoboken411.

For example, from the Hoboken411com article, "More on the Jersey Sting" [Pincus' Trial Exhibit D-82], this excerpt, posted on April 7, 2011:
"There were also calls to release the recorded phone calls of Solomon Dwek and Hoboken Shadow Mayor Stan Grossbard. The Mayor’s diamond-dealing husband wanted Zimmer to meet with Dwek, and tried to schedule a meeting to make it happen."

 Pincus' Trial Exhibit D82



From dozens of  'blooddiamonds'  posts alleging the Mayor' (Jewish) husband and his company trade in conflict diamonds and others like 'marklower' and 'wakeup07030' who post about "blood diamond money" or "diamond dealers" on nj.com's Hoboken Forum... to the gratuitous "diamond dealer husband" references in politically partisan articles on the subject of Hoboken  politics... what does it mean?

Do you know?

GA is asking the question.

Another Lawsuit Threatened in 2009


Donna A. sure dodged a bullet in 2009!  12 other people were not so lucky in 2012. 

What does this tell you?

Somebody had lawsuits on the brain. 

And what do you know?  That same person was indulging in the very behavior that he was threatening others with litigation for- see above.  "They are both heavily compromised"- what does that mean?  Oh, and said threat-lobber makes sure to use first and surnames of his subjects.

Why?  

Tuesday, February 24, 2015

Confession of an Alleged Fluffer

  Jersey Journal, April 29, 2009: "Is Hoboken411 Slanted Toward Beth Mason?"

Council Surprises: Tim Saves Pump, Mello calls DEP "political"

FACT: Pump is UNDERGROUND, two above ground accessories: (1) one is 36"h x 36"w x 18"d,    (2) the other accessory is 42"h x 8" dia.

Boy, was that ever a 'special' meeting!

As you know, last night's Council meeting was called because neither Beth Mason nor Theresa Castellano would provide the 6th vote to green-light a low-interest loan for a flood pump (serving the ShopRite neighborhood). 

But those 'NO' votes turned out to be serendipitous, because last night ALL of Hoboken got schooled on the proposed H5 Wet Weather Pump Station.   Rumors were debunked, and Hoboken discovered how tiny the pump's footprint will actually be (Jim Doyle called the H5's two accessory structures no bigger than "suitcases.")

 Accessory structures
Wrong, Mr. Doyle.   GA  has suitcases bigger than the pump's 36"h and 42"h accessory structures.

So, last night the room was packed with residents for and against funding the H5 Wet Weather Pump Station.  (GA missed the first hour)

Richard Wolff, Director of the North Hudson Sewerage Authority (NHSA) explained:
  • The  2 contaminants which the NHSA expects to find at the pump site are:  (1) a chemical used in the processing of coffee at the former Maxwell House factory and (2) heavy metals.  Neither are airborne, therefore cannot endanger residents during their removal.  A possible third chemical, whose remediation was described as similar to asbestos- abatement; the area is kept wet as the material is safely removed- may exist.  If found, it will be safely removed- like it was during the construction of Maxwell Place.  
  •  The H5 pump is below-grade.  There are only 2 above-ground accessory structures. They are a 36"h x 36"w x 18"d  'box' and a 42"h x 8"dia 'tube.'   Maxwell Place will direct the landscaping around them.
  • The H5 pump is located where it has to be to drain the 'ShopRite flood zone.'   Wolff explained this to  Engineer Mike Russo after Engineer Mike suggested moving the pump out of the flood district it serves.  'Engineer Mike' was told moving the pump north would require construction of 2 enormous holding tanks ("50 feet long...") and moving it west (into another residential neighborhood) would not properly drain the ShopRite area.  
  • The deadline to initiate the low-interest loan (GA heard "no interest") will close at the end of March 2015.  Tick.. tick.. tick..
So... it was a very informative meeting with a few surprises.  The first: Tim Occhipinti. 

Newsworthy
Tim gave the best speech of the night.  He kept it short; said the right thing  but most importantly, did the right thing.

The vote would not have succeeded without his support; Timmy's was the 6th vote. 

GA gives props to Tim.

Yep, you heard right.

The other surprise was last night's  performance by Dave Mello. Yes, he voted the right way but...

...what the hell was that?   I know Dave as a compassionate person, but last night his compassion seemed aligned with a  privileged sector of Hoboken who do not need a pump to stay dry in the next flood.  Mello appeared more concerned with the possibility that Maxwell tenants might have to subsidize the pump  than with the huge swath of Hoboken (including ShopRite) that will be underwater AGAIN without it. I couldn't believe my ears when Dave wanted to know if the funding agreement could be pulled if the tenants were impacted with fees for the pump.

Pull the funding?  Truly a 'WTF moment'.

In a prolonged scolding of the NHSA's "communication failure" that seemed (to me) more about political pandering to the Maxwell Place residents rather than trying to encourage them to trust that the process would be done safely and in the best interest of the ENTIRE Hoboken community, the Councilman appeared to suggest the DEP was a 'political'  entity.

Really?  In response, NHSA's chief engineer popped up to defend the DEP as scientists, engineers and professionals not motivated by politics.

GA doesn't get how coddling one group of residents serves the greater good of Hoboken; hundreds whose health and property are in jeopardy every time time the city floods.  Poisonous blackwater washed through 1,800 Hoboken homes in 2012.  The toxic mold grew in the walls of those homes, many with children.  What about those kids?
 
Reality Check.

Here's what my kid (and others all over flood-devastated Hoboken) were breathing, until we renovated:

Toxic black mold behind the drywall in my living room

Toxic black mold covered my floor joists

My car taken for scrap metal- water  running down the ramp
I have plenty more photos, but you get the idea.

So, pass me a frigging violin.  I am appalled that some of our Hoboken neighbors do not see the urgency of protecting families from the next storm, and doing it NOW.

Monday, February 23, 2015

City Council: Do the Right Thing

Beth Mason and Terry Castellano voted "NO" to flood pump that would protect residents- and the ShopRite Plaza. 

It is outrageous that taxpayers must fund a Special Meeting tonight all because two Councilpersons would not act responsibly on Wednesday to approve a low-interest loan  for a desperately needed flood pump.   Yes, "special" meetings are taxpayer-funded.

Mason and Castellano are playing politics with our safety, our property and our local economy.  Neither are deserving of the public trust.  They need to be replaced in 2015.

Tonight, the citizens of Hoboken hope that Mike Russo and/or Tim Occhipinti step up and do the right thing for us.

Let your voices be heard. 

Sunday, February 22, 2015

Pump It Yourself!


2nd Ward Councilwoman Beth Mason, will pull out a budget line item to argue over a nickel expense yet voted NO on a low interest loan for the H5 Wet Weather Pump Station. Once installed, the pump would prevent a swath of Hoboken from being drowned in the next super-storm.

1st Ward Councilwoman Terry Castellano, always ready to sacrifice the greater good if she can stomp on the Mayor - even once accusing Zimmer of "making the recovery [from Sandy] much more difficult"- voted NO on the H5 Wet Weather Pump Station.  Castellano's Ward was one of the most severely impacted by 2012's Superstorm Sandy.


GA will remind readers of what Castellano was doing for the residents of her Ward in the aftermath of Hurricane Sandy.

A volunteer assigned to assist Marine View residents in need  after the flood reported this to GA:

I remember what a useless polyp she [Terry Castellano] was loitering in the Marine View Towers lobby while a small army of young adults were assigned to help out distressed residents immediately after Hurricane Sandy. As the group was planning a course of action, in running up the stairs to deliver water and supplies, she stood idly by.  Watching us, doing nothing.  Later on when an ambulance squad came to help some specific residents, but were found to have left the building, Terry said, "Well, that's just poor communication from City Hall."  Standing in the same spot, not lifting a finger to help, just flapping her jawbone.  

She had nothing nice to say about all the effort that was around her, but was quite comfortable to stay in place and complain.  
I was disgusted by her uselessness, then dragging down people who were there to help.She's lost power, relevance, and respect.

Castellano appears to view the suffering of Hoboken residents as a political tool.

Isn't that evident by her "NO" vote for the pump, last Wednesday?

Mason's excuse?  In a similar vein, her motive may be gleaned from an email posted on MSV several days ago.  On March 4, 2011 Mason "business partner" political operative James Barracato emails Lane Bajardi:
"Beth just needs to call Jonathan Metsch under oath and get him to admit he met with the bidders that included the JC Medical Center. She also needs to call Toni Tomarrazo and hammer her over the financing aspect. They can really destroy the administration if they work things properly." 
There you go.  Proof that Beth Mason's network of political operatives schemed with the Councilwoman to "destroy the administration" by undermining the sale of Hoboken University Medical Center during the bidding process.

GA suspects Mason's motivation to tank the survival of Hoboken's only hospital along with 1,200 jobs- "to destroy the administration" is the same behind her "NO" vote on the flood pump.  Mason strategy: Make things WORSE for Hoboken residents and the Mayor gets blamed.

Um... no, she won't.

Beth Mason and Terry Castellano are the only ones standing in the way of this flooding solution.

The City will be stronger and better once these two  bitter shrews are retired from government. GA sincerely hopes that  Timmy Occhipinti and/or Mike Russo do the right thing for Hoboken tomorrow night.

And next time Beth Mason pulls off a $5 line item from the budget,  someone remind her of the COST to TAXPAYERS for tomorrow's Special Meeting.

Saturday, February 21, 2015

Augie Whacks Scarinci

Augie Torres sucks on sour grapes, whacks Scarinci
 Oh my!  11 days after Judge Patrick Arre tossed out the garbage,  Political Insider Augie Torres arrives at the table for sour grapes.

Torres, strictly old-school, doesn't like the counter-culture of the blogs and the democratizing of snark.  Folks like him don't seem to believe that lowly schlubs like me have the same entitlements to mock institutions of power, hypocrites and shady politicos.   Simply put, old-school Augie wants to throw every jab and be the sole source of opinion on local politics.  Torres sees the aftermath of Arre's decision as bestowing "power."

No.

Bloggers have no more "power" than we did before Hoboken411's ghost-writer launched his lawsuit. The Court simply affirmed our constitutional right of free speech.  That 's the same right that allows Torres to infer bloggers are "arrogant" and mock the "wife, kids and dog" of our subjects.

GA likes Augie's column, at the same time he can be a real a$$hole. Ooooh, the power of that naughty word! 

Anyway, GA noticed Augie's column took a whack at Constitutional scholar Donald Scarinci.

Why?  Apparently because Scarinci endorsed uppity bloggers' rights to internet free speech, Augie cracked that Scarinci " once was an opinion-writing editor on his Union Hill High School newspaper in Union City."  Yeah, and  GA was editorial cartoonist on my college newspaper.   So what?

Sour grapes make sour whine:
 

The magic of Hoboken's local media- making inconvenient facts disappear- is why the blogs are here to stay.

Deal with it.

Friday, February 20, 2015

Thursday, February 19, 2015

NJ Law Journal: This Week's Winners and Losers

Sent to GA by a NJ Law Journal subscriber, February 16, 2015 issue

Scarinci Supports GA, Horsey and Free Internet Speech

NJ Constitutional scholar Donald Scarinci on the side of GA, Horse and FREE INTERNET SPEECH

Donald Scarinci may be known statewide as a politically-connected powerhouse, 'rainmaker', closest friend of New Jersey's Democratic Senator Bob Menendez and "Number 9"...


But what some don't know about the ├╝ber-powerful Scarinci is that he is a Constitutional scholar and a blogger.

That's right.  One of those.

Scarinci's blog is called Constitutional Law Reporter and that is what he blogs about.

GA didn't know that, until I read his Opinion piece in yesterday's politickernj, "Grafix Avenger & Hoboken Horse Defend Free Internet Speech."   It begins: 
"Socrates said, “While I may disagree with what you say I will defend to the death your right to say it.”  Socrates would be proud of Judge Patrick J. Arre in Hudson County."  
Woo-hoo! And it only gets better.

Not only is Scarinci's piece a stern repudiation of The Hoboken Reporter's simplistic, one-sided, partisan drek titled "The Bounds of Free Speech,"  it is a condemnation of the lawsuit itself.

Mr. Scarinci writes:
"Let’s face it, even those of us with Rhinoceros skin are bugged sometimes when anonymous blog posts misstate facts and say the most awful things. Imagine the cottage industry for lawyers if everyone took them to court. Worse yet, imagine America if people were afraid to speak their mind? America without free speech is not America."
Not in the Land of Monsters at 1400 Washington Street. 

That's where monsters pick "victims" and "antagonists," call Patrick Ricciardi's criminal theft of the mayor's emails a "scheme" (like a pissing-in-the-beer-keg frat boy prank), call stolen emails "leaked," imply non-defamatory statements on GA should have been removed, "(the post can still be found on her site)" among other spiteful flourishes (or favors).

The monsters also practice censorship;  they censor unflattering facts about their 'side.'   So, the monsters deliberately OMITTED  the "victim's" years of partisan political ghostwriting for Hoboken411.com and the "victim's" own "impolite" postings attacking "his antagonists" numbering in the hundreds.

 Wants to "bind" the FIRST AMENDMENT

With the monsters living in Hoboken's  Fourth Estate, GA was heartened to read Mr. Scarinci's stalwart defense of free internet speech and his praise for Judge Arre's decision.

In fact, GA emailed Mr. Scarinci to thank him for his "defense of free speech online and acknowledgment...after a fighting a scorched-earth SLAPP for 2 1/2 years."   

I was delighted to receive a reply, which I'll keep private.  To summarize, Donald Scarinci "applauds" defendants' decision  to stand up and fight for the principal of free speech and not capitulate and/or give "an apology that should never be given."  His letter ends with: "...keep on doing what you're doing."

Thank you, Mr. Scarinci for sticking up for the people who stuck up for the First Amendment.

Wednesday, February 18, 2015