Guilty: The Collapse of Criminal Justice

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Random House, 1996 - Law - 238 pages
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Rothwax takes us inside his courtroom and tells tales of justice gone awry that only a seasoned judge could disclose. We are in his chambers as he does battle with lawyers more interested in their personal ambitions than justice. We are at a judicial conference where Rothwax stumps fifty appeals court judges, who admit they don't understand the Supreme Court's latest search-and-seizure rulings. We are in the courtroom, where Rothwax must sit patiently and allow lawyers to willfully obfuscate the truth. According to Rothwax, America is fast becoming a nation of bad laws, in which criminals and defense attorneys hide behind a morass of poorly conceived statutes, procedures, and rulings that prevent courts from resolving the paramount question at hand: Did the accused commit the crime? In trial after maddening trial, Rothwax sees the truth sacrificed at the altar of an increasingly areane process designed to protect the rights of criminals.

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GUILTY: The Collapse of Criminal Justice

User Review  - Jane Doe - Kirkus

A frustrated New York State Supreme Court justice argues that the criminal justice system has forsaken the search for truth in favor of legal gamesmanship; his book, however, is a better example of ... Read full review

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Justice Harold J. Rothwax, in his book, has nothing but disdain for the most fundamental protections of American citizens who must defend against the arbitrary actions of government. Indeed, he has demonstrated an unmistakeable despizing of America's jury system. He wants to eliminate it. Israel, he exclaims, is has no such system (p.220). He insists that a "jury trial is a crapshoot (p.162)". These statements should be alarming. Indeed, only the properly preserved objections are considered by appellate courts. Therefore, in an empty courtroom (one without public attendance), his conduct was not subjected to the clearly required "contemporaneous review in the forum of public opinion"(See, In re Oliver, 333 U.S. 257,268-271). Moreover, our Supreme Court did also say that "A trial is a public event. What transpires in the court room is public property" (See, Craig v. Harney, 331 U.S. 367,374). As a former new york city police officer, I was a defendant who sat in a courtrom having no public attendance, and watched as a virtual trial was conducted in the deliberation room, before the recorded trial, off-the-record, and having the inadmissable evidence explained to the jurors out of my presence. There was nothing more outrageous and more of an exception to the norm of a public trial. In addition, the court reporter suppressed this event, there was no factual showing that this event had been justified, and the new york legal aid society criminal defense lawyer, Michael Monaghan, did not attempt to object to any of this conduct. It was all willfull, and pursuant to a conspiracy under color of law (See, 18 U.S.C. 242). The complaining witness did apparently try to use her sworn testimony to recant her entire story, but the court reporter suppressed it. Moreover, the presiding judge was a hateful Harold J. Rothwax (for indictment 6804.84, N.Y. County). He had turned the jurors into an almost uncontrollable mob against the defendant (me). I was in the darkest place on earth. For the alleged attempted murder and alleged extraordinarily brutal beating with a heavy metal object, the subquent medical record clearly indicated a final disposition of "NO TRAUMA". The many x-rays irrefutably demonstrated no trauma, also. But, the aforesaid defense counsel refused to object to the suppressions of this irrefutably exculpatory evidence, and Rothwax made murderous and credible threats to silence me. I spent nearly 19 years in prison, as a high profile former police officer, then dumped into a neighborhood teeming with very harassing thugs. I am still repeatedly seeking the attention of the government, an attention that goes beyond the interminable suppressions of a national disgrace.
The aforesaid is only a little of the routine, treasonous, and dastardly conduct of Harold J. Rothwax. All the laws of America give to this criminal absolute immunity, except one (18 U.S.C. 242). That law was virtually banned in New York State, to be used only in the former Confederate states. I am an African-American. The alleged victim was a White Jew. See,



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