Tuesday, October 30, 2007

"You're only one person."

I went to the state house on September 20, 2007 to try to get the Senate to block Gorman from becoming a Maine Supreme Court justice. Barry Hobbins is the chair of the Legislature's judiciary committee in Maine. He's an attorney. I had spoken with him previously and he had asked if my son's case had been argued before the medical screening panel. I told him that it had been, and that the panel had decided unanimously that there'd been no breach of standard of care by physicians. Senator Hobbins told me "You're done"; but I knew more than he thought I did about the Maine Health Security Act and the panel's findings. I told him "No we aren't... their decision isn't binding."

At first, District 35 Senator John Martin would not submit my information to his peers. Only after I worked around him to get my paperwork on Joy O'Brien's desk, did he give his stamp of approval. The three pages of information regarding Ellen Gorman included one of the defendant/physician's admission of "valid claim" existing. During a break before the vote, I spoke directly to several senators and asked them to delay the confirmation of Gorman to the Maine Supreme Court until an investigation was made into my allegations. Most said to me: "You're only one person." A 2/3'rds majority would have stopped Gorman; I didn't even come close. Bipartisan politics isn't always a good thing.

I'd like to add that I spoke with Mal Leary, well-known editor of Capital News Service (located in the state house) and a prominent supporter of open government laws. I offered him an interview, but he declined. He was unwilling to report about the due process rights violations I told him about.

U. S. clerk rejects my petition

On July 12, 2004 Augusta District Court Judge Rae Ann French ruled that paperwork not containing price, description of work, or mutual consent was a contract. Unable to get the erroneous decision reversed through appeals to Superior and Supreme Courts, I began to write Dirty Decisions.

I filed a certiorari petition to get our case, PJM Builders Inc. v. Maine-Wide Construction to U.S. Supreme Court. On January 5, 2006 the clerk sent my petition copies back to me. I explain more in my book, but basically, we were denied in forma pauperis status. In forma pauperis status means that you can argue your own case to the United States Court. When it's granted, an attorney is often appointed to the pauper, because without one he/she/it might not have a fair trial. The clerk was saying that I could not represent our corporation. Getting the help of an attorney was out of the question. It would have cost tens of thousands of dollars. I researched the law. Section 1. of United States Code 1. says "persons" includes corporations, and other entities.

I've linked to the decision, Rowland v. California Men's Colony (U.S. 1993), which the clerk cited in rejecting our petition, which never reached the nine Supreme Court justices apparently.

Thursday, May 3, 2007

Employee, or Self-employed?

A package I sent to Governor Baldacci regarding Judge Ellen Gorman of Androscoggin Superior Court, and Judge Rae Ann French of Augusta District Court was received by his office on April 9, 2007, delivery confirmation # 7007 0220 0004 3623 5605, trackable at the usps website. Soon after his office received the information, Governor Baldacci nominated these judges for reappointments without any investigation, though I'd sent him proof of their incompetence and bias!

Judge Gorman ruled against my husband, Pete, in a case against the Maine Department of Labor. By their own rules, because his unemployment was due to a lack of work, he wasn't subject to an interview, but the Department of Labor conducted one anyway. 

In 2005, Gorman dismissed with prejudice his case against the Maine Department of Labor. The state had required our corporation to pay unemployment taxes on Pete's wages as an officer/employee, but when we closed the company, they said he was a self-employed individual, and denied benefits!